Acts and resolutions of the General Assembly of the state of Georgia 1947 [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 ATLANTA: DARBY PRINTING COMPANY 19470000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1947 19470000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

PRESS OF DARBY PRINTING COMPANY ATLANTA, GA.

ACTS AND RESOLUTIONS OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1947 COMPILERS' NOTE. Under the arrangement by the Secretary of State for a prompt printing and distribution of 1947 laws in advancesheet sections, 288 pages had been delivered to members of the General Assembly, officials, and others before the decision of the Supreme Court of Georgia as to the Governorship of the State was rendered on March 19, 1947 (Thompson v. Talmadge, 201 Ga., 41 S. E. 2d, 883). Consequently, before that date, Acts Nos. 1-69 and Resolutions Nos. 1-3 had already been distributed. To avoid reprinting, it has been necessary to retain the form and order of these laws, in the following pages, as they appear in the previously printed advance-sheet sections. Before Honorable M. E. Thompson was adjudged to be the Acting Governor, only one Act had been approved by himNo. 1-A (House Bill No. 166), Dalton Charter Amendments, approved February 26, 1947which appears first in this compilation of Acts and Resolutions. Under Resolution No. 1-A (page 1727 hereinafter), the bills previously signed by Honorable Herman Talmadge were returned to the General Assembly, and then submitted to the Acting Governor for approval. The above facts render necessary the following corrections in the first 288 pages of this volume: Acts Vetoed. No. 10, Primary Bill (p. 23); Nos. 39 and 47, McIntosh County Commissioners Bills (pp. 181, 200); No. 62, Laurens County Officers Bill (p. 270). All other Acts and Resolutions, previously signed or unsigned, were approved by the Acting Governor.

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Changes in Approval Dates; Acts. No.1, approved March 25, 1947; Nos. 2-9, 11-15, March 24, 1947; No. 16, March 22, 1947; No. 17, March 26, 1947; Nos. 18-21, March 25, 1947; No. 22, March 26, 1947; Nos. 23-34, March 24, 1947; No. 35, March 27, 1947; Nos. 36-38, March 24, 1947; Nos. 40, 41, March 24, 1947; No. 42, March 25, 1947; Nos. 43-46, March 24, 1947; Nos. 48-54, March 24, 1947; No. 55, March 25, 1947; No. 56, March 27, 1947; Nos. 57-60, March 25, 1947; No. 61, March 22, 1947; Nos. 63-69, March 25, 1947. Changes in Approval Dates; Resolutions. Nos. 1 and 2, approved March 26, 1947; No. 3, March 27, 1947. DALTON CHARTER AMENDMENTSTAX ASSESSORS AND TEXES. No. 1-A (House Bill No. 166). An Act to amend an Act of the General Assembly of the State of Georgia, Acts, 1849-50, Page 86, incorporating the City of Dalton and the several acts amendatory thereto, so as to provide for the election and duties of the Tax Assessors of the City of Dalton; to provide for the assessment of personal property for taxes, to provide for yearly assessments of all taxes in the City of Dalton, the mode and time of making returns of property for taxation; to provide that all taxes collected on personal property shall be used for educational purposes only; 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, Ga. L. 1849-50, p. 86, as amended, further amended. That from and after the passage of this Act, An Act of the General Assembly of the State of Georgia, Acts 1849-50, Page 86, incorporating the City of Dalton, and the several acts amendatory thereto be and the same are hereby amended so as to provide that the Tax Assessors of the City of Dalton shall be three freeholders of said City, and said three freeholders shall be elected by the Mayor and Council of the City of Dalton annually on the

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first Monday in March, and said three freeholders shall constitute the Board of Tax Assessors of said city. Said assessors shall hold office for one year, unless sooner removed for a cause by the Mayor and Council, the sufficiency of which shall be judged by the Mayor and Council. Said Board shall have the authority to employ a Clerk of said Board, but said Clerk shall not be a member thereof. Said Board of Assessors before entering office shall take a prescribed oath, such as the Mayor and Council shall prescribe, and they, together with their clerk, shall be paid for their services such compensation as the Mayor and Council shall fix. Tax Assessors. Qualification, election, term. Clerk. Oath. Compensation. Section 2. DUTIES OF THE TAX ASSESSORS: It shall be the duties of such assessors to assess the cash value of all taxable property, both real and personal within the limits of said City, the value thereof to be fixed as of the 1st day of March, in the year in which the assessments are made and to make out and return to the Mayor and Council a complete schedule of such property and their valuation thereof, and the names of the owners thereof so far as practicable. In cases of disagreement the majority of such assessors shall control. Said schedule shall be returned by the first day of May of each year, and as soon thereafter as practicable be transcribed by the Clerk of the City of Dalton upon the tax books of the City; which books shall be subject to the inspection of the taxpayers of the City. Provided, however, that should said Tax Assessors fail to complete their assessments by May 1st of each year, the validity of such assessment is in no way effected. Any omission of such return and schedule shall be supplied by the assessors whenever their attention shall be called thereto by the Mayor and Council. Provided, however, no tax shall be assessed against household and kitchen furniture. Duties of Assessors. Assessments. Procedure. Furniture exempted. Section 3. APPEAL OF TAXPAYERS: Any taxpayer dissatisfied with the assessment of his property may appeal from the assessment to the Mayor and Council within such time and in such manner as the Mayor and Council shall prescribe by ordinance; and the decision of the Mayor and Council upon such appeal as to the true taxable value of such property shall be final. Appeal.

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Section 4. ASSESSMENT AND COLLECTION OF TAXES: The Mayor and Council shall assess the City tax upon the property so scheduled and value in the manner now prescribed by the Charter of the City of Dalton and the tax so assessed shall be collected as provided by said Charter. Duty of City officials. Collection of tax. Section 5. CLERK SHALL RECEIVE TAX RETURNS: It shall be the duty of the City Clerk to receive the returns of all taxable property under such regulations as the Mayor and Council may prescribe by ordinance, and for this purpose he shall open his books for receiving such returns on the first day of January hereafter, and such books shall remain open for the purpose of receiving returns until the 15th day of March in each year; provided, however, that in the year 1947 said Clerk shall receive returns as heretofore provided by the Charter of the City of Dalton. Duties of Clerk. Tax returns, books. Section 6. TAXES COLLECTED ON PERSONAL PROPERTY, HOW USED: The Mayor and Council in their discretion may allocate all taxes collected on personal property for educational purposes only. Use of taxes on personalty. Section 7. All acts or parts of acts in conflict with this Act are hereby repealed. Approved February 26, 1947.

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MARCH OF DIMES WEEK. No. 1 (House Resolution No. 16). A Resolution Setting aside the week of January 24-30 as the 1947 March of Dimes in Georgia and commending said campaign to the favorable attention of the citizens of Georgia. Whereas, poliomyelitis remains a major scourge and the best efforts of the medical profession must be mobilized to investigate promptly and throughly every means for its eradication and to bring to every sufferer from this disease all possible aid; and Preamble. Whereas, the annual March of Dimes campaign offers an opportunity for every citizen to do his share in the war against this enemy of our children and our friends, in memory of our late President, Franklin D. Roosevelt, and the many other victims of this virus; and Whereas, the nation has just emerged from the greatest epidemic of infantile paralysis since that of 1916; and Whereas, the National Foundation for Infantile Paralysis, which is supported by the March of Dimes and by the March of Dimes only, has been called upon as never before in its history to spend millions to bring the best available care to all those stricken; and Whereas, the National Foundation for Infantile Paralysis will be called upon as never before to provide continuing care for the thousands needing treatment until maximum recovery is assured in every case, thereby fulfilling its expressed pledge to the American people; and Whereas, the National Foundation for Infantile Paralysis has, in addition to these huge sums, spent millions in research seeking the cause of and possible cure for this great crippler, and its educational program to bring

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all the knowledge we have promptly to the people, and proposes so to do until polio is rendered harmless; and Whereas, the National Foundation for Infantile Paralysis, spearhead of the ceaseless war against polio, will for the reasons set forth above need funds to carry on its work in 1947 as never before since its establishment; Therefore be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, That the week of January 24-30 be officially set aside in Georgia as the 1947 March of Dimes in Georgia, during which time all citizens are urged to familiarize themselves thoroughly with the good work of the March of Dimes and to support the National Foundation for Infantile Paralysis to the utmost limit of their ability. March of Dimes Week. Approved January 28, 1947. RECONVEYANCE BY STATE TO CRISP COUNTY. No. 2 (House Resolution No. 8-3A). A Resolution. Whereas, on August 30, 1946, Crisp County, acting by and through its Board of Commissioners of Roads Revenues, executed and delivered a deed to Tom Linder, Commissioner of Agriculture of the State of Georgia and his successors in office, conveying certain lands described as follows: A certain 18 acre tract of lot of land number 231 in the 10th land district of Crisp County, Georgia, described as follows: The point of beginning, which is the Southwest corner of the tract herein conveyed is the Northwest corner of a certain 6 acre tract conveyed by E. M. Pless to G. E. Holmes by deed dated August 29, 1929, and recorded in Deed Book 15, page 404 Crisp County Records, and from said point of beginning runs along the North line of said 6 acre tract due East 1380 feet to Georgia Southern Florida Railway; thence North along the right of way of said railway 567.3 feet; thence due West and parallel with the South line 1382 feet to East right of way of National Highway; thence South along the East right of way of said National Highway

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567.3 feet to point of beginning, and being recorded in Deed Book 37, pages 243-4, Crisp County Records, which said conveyance was made so that a State Farmers Market would be erected and maintained on said lands, the deed reciting that it was made for the purpose of building, establishing and maintaining a public market thereon, and Preamble. Whereas, it was thereafter decided that said market be established elsewhere in Crisp County and a subsequent deed was made to the State by Crisp County and the City of Cordele conveying other lands for the purpose aforesaid which are now in the possession of the State and are being developed as a State Market, and Whereas, the State of Georgia has no use for the property and in equity and good conscience said property should be reconveyed to Crisp County, Therefore, be it resolved, and it is hereby resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized and directed to execute a deed to Crisp County conveying the lands first above described, immediately upon the passage and approval of this Resolution, and Reconveyance by State to Crisp County. Be it further resolved, that immediately upon the execution and delivery of said deed, the title to said lands shall vest in Crisp County. Approved February 17, 1947. COOK COUNTY BOARD OF COMMISSIONERS. No. 1 (Senate Bill No. 28). An Act to amend an Act entitled Cook Board of Commissioners Created approved August 12, 1919 (Ga. Laws 1919, pp. 627-636), the same creating a Board of Commissioners of Roads and Revenues for Cook County, and setting forth their qualifications, powers, duties, compensation, etc. by adding thereto a new section to be known as Section 2(a) providing for the county to be divided into three separate districts, each district electing

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its own county commissioner; to provide an effective date for this Act; to define each of the three districts; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act entitled Cook Board of Commissioners Created approved August 12, 1919 (Ga. L. 1919, pp. 627-636) be, and the same is hereby amended by adding thereto a new section to be known as Section 2(a) and reading as follows: Act of 1919 amended. Section 2(a). There is hereby created three separate county commissioner districts in Cook County as follows: No. 1 shall be composed of the Adel District. No. 2 shall be composed of the Sparks, Lennox and Massee Districts. No. 3 shall be composed of the River Bend, Greggs and Cecil Districts. County Commissioner Districts. Each of the three above named districts shall be composed of the district or districts named therein, and each of the three districts shall elect one county commissioner who shall be a resident of the respective county commission district from which he is elected. Each of the three districts shall elect its own county commissioner, but electors of one district shall not be qualified to vote for a commissioner residing in another district. Election of Commissioners. Nothing in this Act shall affect the present terms of the Commissioners, but as each term expires, a successor to said office shall be voted on and elected as provided for in this law. Terms, Successors. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1947.

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FINES AND FORFEITURES IN CERTAIN COUNTIESDISTRIBUTION DISBURSEMENT. No. 2 (House Bill No. 38). An Act to provide, in each of the counties of this State having a population of not less than 9,827 and not more than 9,832 according to the United States Census of 1940 and any future Census where the Solicitors General of the several Judicial Circuits and the Solicitors of the several City of County Courts of said Counties are on salary basis, 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 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 9,828 and not more than 9,832 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 cost as prescribed by law, shall be paid from the County Treasurer by the Treasurer or other proper disbursing officer of said counties, and shall be disbursed in proportions as follows: Disbursements. On cases arising in the Superior Courts; one-third to the Sheriff of such county; one-third to the Clerk of the Superior Court of such county; and one-third to the County, to be placed in the general county funds. Cases in Superior Courts. On cases arising in the city or county courts 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 general funds of said County. Cases in City and County Courts. Provided, however, that in all counties where the Clerks of the Superior Courts are ex-officio Clerks of the city or

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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 Clerk of the Superior Court of the County, and one-third to the County, to be paid in the general county funds. Where Ex-Officio Officers. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 17, 1947. PHOTOSTATIC EQUIPMENT, RECORDS, AND COPIES IN CERTAIN COUNTIES. No. 3 (House Bill No. 32). An Act To authorize the officers of any county of this State having a population of not less than 70,000 and not more than 80,000, according to the 1940 United States Census or any future United States Census, who have charge of records, including the Clerks of the several courts of such county, the Ordinary or Court of Ordinary of such county, and all other such county officers, to install and use photostatic equipment or other photographic equipment in recording and copying such records and in furnishing copies thereof; to provide that such equipment may be provided by the proper county authorities; to provide that any county within or coming within said classification shall continue to be subject to this Act notwithstanding any subsequent change in population; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act all officers of any county of this State having a population of not less than 70,000 and not more than 80,000 according to the 1940 United States Census or any future United States Census, who are charged by law with the duty of filing, recording and/or keeping records, including the Clerks of the several courts of such county, the Ordinary or Court

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of Ordinary of such county, and all other such county officers, may install and use photostatic equipment or other photographic equipment in recording, copying, and furnishing copies of, such records or any part thereof. Such equipment may be provided by the proper county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of law. Photostatic, etc., equipment for records and copies by officers in certain counties. Not mandatory. Section 2. Be it further enacted by the authority aforesaid that all provisions of existing law relating to the filing, docketing, recording, keeping, copying, binding, indexing, certification, and the furnishing of copies of records, and those relating to fees of officers in connection therewith, shall, as far as may be, apply to such photostatic or photographic records and copies. Act supplementary. Section 3. Be it further enacted by the authority aforesaid that no provision of this Act shall be construed to change or repeal any rule of court or provision of law relating to records on appeal or review in the courts of this State. Construction of Act. Section 4. Be it further enacted by the authority aforesaid that any county within or coming within the class of counties set forth in Section 1 of this Act shall continue to be subject to the provisions of this Act notwithstanding any subsequent change in population. Continuing application of Act. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved February 17, 1947. MUSCOGEE COUNTY DEPARTMENT OF PUBLIC HEALTH. No. 4 (House Bill No. 31). An Act to Amend an Act approved March 27, 1941 (Georgia Laws 1941, pages 937-947), and entitled An Act to Combine the Department of Health of the City of Columbus

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with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health,' to be administered by a governing body to be known as `County Board of Health', whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes, by striking in its entirety Section 2 of said Act and enacting in lieu thereof a new Section 2 of said Act, providing, in addition to the original provisions of Section 2 of said Act that either the Chairman of the Board of Commissioners of Roads and Revenues of Muscogee County, or some other member, or the Clerk, or the Secretary, of the Board of Commissioners of Roads and Revenues of Muscogee County, appointed by the Board of Commissioners of Roads and Revenues of Muscogee County, shall be one of the seven members composing the County Board of Health; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved March 27, 1941 (Georgia Laws 1941, pages 937-947), and entitled An Act to Combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health,' to be administered by a governing body to be known as `County Board of Health', whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes, be and the same hereby is amended as follows: By striking in its entirety Section 2 of said Act reading as follows: Act of 1941 amended. Section 2. The membership of the County Board of Health shall be Seven, composed as follows: The Chairman of the Board of Commissioners of Roads and Revenues of Muscogee County; the City Manager of the City of Columbus, Georgia, and five residents of Muscogee County, irrespective of whether residing within or without any incorporated area, who shall be elected by the City Commissioners of the City of Columbus, Georgia, and the Commissioners

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of Roads and Revenues of Muscogee County, Georgia, in joint session for such purpose, at such times and for such terms as hereinafter provided, and of such members of said County Board of Health, two shall at all times be licensed and practicing physicians. and enacting in lieu thereof a new Section 2 to read as follows: Section 2 stricken. Section 2. The membership of the County Board of Health shall be seven, composed as follows: The Chairman of the Board of Commissioners of Roads and Revenues of Muscogee County, or some other member of, or the Clerk of, or the Secretary of, the Board of Commissioners of Roads and Revenues of Muscogee County, appointed by said Board of Commissioners of Roads and Revenues of Muscogee County; the City Manager of the City of Columbus, Georgia, and five residents of Muscogee County, irrespective of whether residing within or without any incorporated area, who shall be elected by the City Commissioners of the City of Columbus, Georgia, and the Commissioners of Roads and Revenues of Muscogee County, Georgia, in joint session for such purpose, at such times and for such terms as hereinafter provided, and of such members of said County Board of Health, two shall at all times be licensed and practicing physicians. New section. Membership, County Board of Health. Section 2. All laws or parts of laws in conflict with this Act be and the same hereby are repealed. Approved February 17, 1947. COLUMBUS RETIREMENT PENSIONS. No. 5 (House Bill No. 61). An Act amending the Charter of the City of Columbus, Georgia, as heretofore amended by the Act approved March 24, 1941, entitled An Act amending the Charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city, said officers and employees;

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to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that such fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for other purposes, this additional amendment providing that in lieu of handling and administering said pension and retirement fund through a board of trustees or a trustee, the Commission of the City of Columbus may enter into a contract or contracts with an insurance company or companies for the handling and administration of said fund, or any part thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That that certain Act of the General Assembly of Georgia approved March 24, 1941, entitled An Act amending the Charter of the City of Columbus, Georgia, so as to empower said city to grant pensions and retirement benefits to officers and employees of said city, with certain exceptions and subject to certain conditions; to provide for the maintenance of a fund from which such pensions and benefits shall be paid; to provide for contribution to said fund by said city, said officers and employees; to provide how and by whom said fund shall be handled and said pensions and benefits shall be paid; to provide that said fund and said pensions and benefits shall at no time be subject to garnishment, attachment or judgment, nor be assignable by beneficiaries; to provide that said city shall have full power to adopt all ordinances to regulate and make such system of pensions and benefits effective; to provide when certain existing powers of the city relating to pensions shall become inoperative; and for other purposes, be, and it is, hereby amended by adding thereto a new section, to be known as Section 7, and to read as follows: Act of 1941 amended.

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Section 7. That in lieu of the handling and administering of said pension and retirement fund through a Board of Trustees or a Trustee, the Commission of the City of Columbus, in behalf of said City, may enter into a contract or contracts with an insurance company or companies, for the handling and administration of said fund, or any part thereof, on such terms and conditions including the vesting of officer and employee rights to the contributions to the fund made by the City, provisions for retirement benefits based on past service and provision for the requirement of the completion by an officer or employee of a prescribed period of service for eligibility for coverage, and by making such appropriation, as the Commission may, in its discretion, deem proper in order to carry out the terms and intention of this Act. The power hereby given shall be liberally construed. New section. City may contract with insurance companies. Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Approved February 17, 1947. DEPUTY CORONER IN CERTAIN COUNTIES. Code 21-204 No. 6 (House Bill No. 63). An Act to amend section 21-204 of the Code of Georgia of 1933 so as to provide for the appointment by the Coroner of a Deputy-Coroner in counties having a population of not less than 75,484 persons and not more than 75,504 persons, according to the United States census of 1940, or any future United States census, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That section 21-204 of the Code of Georgia of 1933 be, and the same is hereby amended by adding to said section the following words: 21-204 amended. In all counties of this State having a population of not less than 75,484 persons and not more than 75,504 persons

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according to the United States census of 1940, or any future census, the Coroner may appoint a Deputy-Coroner, whose qualifications shall be the same as those of the Coroner, who shall serve during the term of office of the Coroner or until removed by the Coroner. The Deputy-Coroner shall be empowered and authorized to perform all the duties of Coroner when the Coroner is absent from the county when needed, or will not or cannot take an inquest. When not acting in his official capacity as Deputy-Coroner, the Deputy-Coroner shall not be disqualified to serve on Coroner's juries. Deputy Coroner. Section 2. This Act shall become effective and of force upon approval of the Governor. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1947. COLUMBUS CHARTER AMENDMENTHOSPITALIZATION INSURANCE No. 7 (House Bill No. 64). An Act amending the Charter of the City of Columbus, Georgia, so as to empower said city to assist its employees and officers, and members of certain city administrative boards, including family dependents, in securing and maintaining policies of hospitalization insurance, which policies may include other incidental benefits; authorizing appropriations by the city therefor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That the City of Columbus shall have the power and authority to assist its officers and employees, including family dependents, or any portion of such officers, employees and dependents, in securing and maintaining policies of hospitalization insurance, which policies may include other incidental benefits. This assistance, power, and authority may also be exercised by the city in securing and maintaining

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such policies for members of the administrative boards of said city government, including family dependents, or any portion of said board members and dependents, in cases where such policies are obtainable in insurance companies and on terms approved and deemed proper by the city. Hospitalization insurance. The Commission of the City of Columbus, either by ordinances or resolutions, may carry said power into effect by entering into such contract or contracts, and making such appropriation or appropriations, as in the discretion of said Commission may be proper. Section 2. That the power and authority here given is to be liberally construed. Liberal construction. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Approved February 17, 1947. COLUMBUSSALE OF MOTTS GREENCONTIGUOUS LAND. No. 8 (House Bill No. 65). An Act Amending that certain Act of the General Assembly of Georgia, approved February 28, 1939, entitled An Act to authorize the City of Columbus to sell and convey any part, parts or all of the tract of land in said city known as `Motts Green,' including the part of said tract on which is located the public municipal library; to authorize said city, under certain conditions, to close Mott Street and to sell and convey the land comprised in said street; to sell and convey a certain unopened fifty-foot right of way reserved across said Motts Green; to provide for the disposition of the funds to be derived from any such sale or sales; vesting the Commission of the City of Columbus with full authority and discretion, subject to certain specified limitations, in all matters connected with the purpose of this Act; providing, in case the present public library building is sold, for the erection or acquisition of another library building; providing for the selection of a site for such new library building; and for other purposes, this amendment

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vesting in the City of Columbus fee simple title to a certain tract of land in said city, contiguous to the east line of Motts Green, and being a part of Broadway, formerly Broad Street, laid off but never opened or used as a street; empowering said city to sell and convey all or any part of said tract of land upon the same conditions as relate to the sale and conveyance of Motts Green, as set forth in said Act of February 28, 1939; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that certain Act of the General Assembly of Georgia, approved February 28, 1939, entitled An Act to authorize the City of Columbus to sell and convey any part, parts or all of the tract of land in said city known as Motts Green, including the part of said tract on which is located the public municipal library; to authorize said city, under certain conditions, to close Mott Street and to sell and convey the land comprised in said street; to sell and convey a certain unopened fifty-foot right of way reserved across said Motts Green; to provide for the disposition of the funds to be derived from any such sale or sales; vesting the Commission of the City of Columbus with full authority and discretion, subject to certain specified limitations, in all matters connected with the purpose of this Act; providing, in case the present public library building is sold, for the erection or acquisition of another library building; providing for the selection of a site for such new library building; and for other purposes, be, and it is, hereby amended by adding thereto a new section, to be known as Section 7, and to read as follows: Act of 1939 amended. Sale of Motts Green. Section 7. That there is hereby vested in the City of Columbus fee simple title to that certain tract of land in said city contiguous to the east line of Motts Green, heretofore laid off as a part of Broadway formerly known as Broad Street, but never opened or used as a street, said tract hereby granted to said city being particularly described as follows: New section 7 added. All that tract or parcel of land in the City of Columbus, Muscogee County, Georgia, beginning at an iron stake located on the west line of Broadway (formerly Broad Street) one hundred seventy and fifty-five one-hundredths

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(170.55) feet north no degrees no minutes east (N 0 00[prime] E) from an iron stake located at the northwest corner of the intersection of Mott Street with Broadway, and running thence north no degrees no minutes east (N 0 00[prime] E) two hundred sixty-five and thirty-five one-hundredths (265.35) feet to an iron stake located at the northwest corner of the tract of land herein described; thence south eighty-nine degrees fifty-six minutes east (S 89 56[prime] E) one hundred eight and seventy-five one-hundredths (108.75) feet to an iron stake located at the northeast corner of the tract of land herein described; thence south no degrees three minutes west (S 0 03[prime] W) eighty (80) feet to an iron stake; thence south forty-one degrees forty-nine minutes west (S 41 49[prime] W) nine (9) feet to an iron stake; thence south thirty-five degrees thirty-eight minutes west (S 35 38[prime] W) along the northwesterly side of the present paved sidewalk forty-one and eight-tenths (41.8) feet to an iron stake; thence southwesterly along the northwesterly side of said paved sidewalk and along a twenty-five degree (25) curve to the left sixty and five-tenths (60.5) feet to an iron stake; thence continuing southwesterly along the northwesterly and westerly side of said paved sidewalk, and along a thirty degree thirty minute (30 30[prime]) curve to the left one hundred eleven and two-tenths (111.2) feet to the point of beginning. Sale of contiguous land. The City of Columbus is hereby authorized to convey fee simple title to all or any part of the tract of land described next above, upon the same conditions set forth in this Act relating to the sale of Motts Green. Title conveyance. Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Approved February 17, 1947.

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CAMILLA CHARTER AMENDMENTCITY MANAGER, OTHER OFFICERSELECTION. No. 9 (House Bill No. 9). An Act to amend the Charter of the City of Camilla, to provide for a City Manager form of government for said City, and for other purposes Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that an Act, approved August 19th, 1907, Acts 1907 pp. 505-514, entitled: An Act to create a new charter for the City of Camilla, and for other purposes, with the Acts amendatory thereof, be and the same is hereby amended in the following particulars: Section 1. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Camilla, shall select and appoint a City Manager for the City of Camilla, within sixty days after the date that this amendment becomes effective, who shall be the administrative head of the municipal government of the City of Camilla, and who shall be responsible for the efficient administration of all departments of said municipal government. City Manager. Said city manager shall be selected and appointed without regard to his place of residence, political beliefs and affiliation; and during his absence or disability the mayor and council may designate some qualified person to execute and perform the functions and duties of the office; and in case of a vacancy in the office of city manager it shall be the duty of the mayor and council to appoint a successor as early as practicable, the mayor and council to have full power to make a temporary appointment or to perform the functions and duties of the office during said vacancy. Selection. The powers and duties of said City Manager shall be: (a) To see that all laws and ordinances are enforced. Powers and duties. (b) To exercise control over all departments and divisions of the City of Camilla. (c) To attend all meetings of the mayor and council, with the right to take part in all discussions, but having no vote.

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(d) To recommend to the mayor and council for adoption, such measures as he may think necessary and expedient. (e) To prepare and submit to the mayor and council an annual budget. (f) To keep the mayor and council fully advised as to the financial condition and needs of the city. (g) To supervise and direct the official conduct of all appointive city officers, except as may be hereinafter otherwise provided. (h) To supervise the performance of all contracts made by any person for work done for the City of Camilla, and to make all purchases of materials and supplies for the city under such rules and regulations as may be imposed by the Mayor and Council; and to perform such other duties as may be prescribed in this Act or may be required of him by ordinance or resolution of the Mayor and Council. (i) To appoint and discharge all subordinate officers and employees in all departments, all appointments to be made upon merit and fitness alone; said right of appointment and discharge being subject to the ratification and approval of the Mayor and Council at its next regular meeting after such appointment or discharge; provided, however, that if the Mayor and Council shall desire the discharge of any officer or employee of the City, and the City Manager shall, upon demand of the Mayor and Council, refuse to discharge such officer or employee, said Mayor and Council may, by proper resolution, passed at a regular meeting of the Mayor and Council, discharge such officer or employee. Section 2. Be it further enacted by the authority aforesaid that the City Manager may be removed from his office or employment at any time by a majority vote of said mayor and council, without cause and without notice. Removal. Section 3. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Camilla shall fix the salary and/or compensation of the City Manager. Salary. Section 4. Be it further enacted by the authority aforesaid that the Treasurer of the City of Camilla shall be elected

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hereafter in the same manner as he is now elected. That the City Clerk and City Attorney shall be appointed by the Mayor and Council of the City of Camilla for an indefinite term; and the Mayor and Council shall have the power and authority to remove the Clerk and City Attorney so appointed, with or without cause at end of any calendar year. City Treasurer, Clerk and Attorney. Section 5. Be it further enacted by the authority aforesaid, that the Mayor and Council may require the City Manager to come before them at any time and answer questions either orally or in writing, and may require from said City Manager, at any time they may see fit, written reports upon any matters involving the City that they may deem proper; and it shall be the duty of said city manager to make monthly reports to the mayor and council of his general actions and doings, and to file full and complete reports of the various departments of the City of Camilla at least four times each year. Duties of Manager. Section 6. Be it further enacted by the authority aforesaid, that the Act creating and establishing the charter of the City of Camilla, approved August 19th, 1907, together with all Acts amendatory thereof, are hereby declared to be of full force and effect, except in so far as they may be in conflict with the provisions of this Act. Previous Charter. Section 7. Be it further enacted by the authority aforesaid, that a special election shall be held in the City of Camilla, as provided in Section 69-101 and 69-102, of the Code of Georgia, 1933, to determine whether or not this Act shall be put into full force and effect. The ballots for said election shall have written or printed thereon the words: Special election. FOR AMENDMENTS TO PRESENT CHARTER, AGAINST AMENDMENTS TO PRESENT CHARTER, and if a majority of those voting in said election shall vote for FOR AMENDMENTS TO PRESENT CHARTER, this Act shall become effective; but if a majority of those voting in said election shall vote for AGAINST AMENDMENTS TO PRESENT CHARTER, this Act shall not become effective. Section 8. Be it further enacted by the Authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved February 17, 1947.

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ELECTION LAWS, REPEALS, AMENDMENTSPRIMARY ELECTIONSSOME PARTS RETAINED. Code 34-40434-407, 34-190234-1904, 34-1906, 34-1907, 34-1912, 34-1914, 34-1915, 34-2001, 34-2002, 34-320134-3218, 34-3301, 34-3305, 34-3310, 34-3401, 34-3402, 34-9907, 34-992234-9928, 34-993234-9934. Ga. L. 1937-38, p. 371; 1939, pp. 311, 312; 1941, pp. 324-327, 413, 429-439; 1943, pp. 347, 348, 353, 354, 441, 442, 480, 481, 518; 1944 Ex. Sess., pp. 2-8; 1945, pp. 187-189; 1946, p. 174. No. 10 (House Bill No. 13). An Act to revise the election laws and to repeal all laws or parts of laws providing the method and manner of holding Primary elections by any political party, organization or association for the purpose of choosing or selecting candidates for office or delegates to conventions, the time of holding same, and to repeal all laws or parts of laws regulating in any manner or having reference in any manner to the holding of primaries by any political party, organization, or association, or having reference in any manner to the subject matter of Primary elections of any kind or nature, or providing in any manner the persons entitled to vote in such primaries; to amend the Code of Georgia in such manner as to effect the above purposes; to amend, alter, or change any section or provision of the Code of Georgia regulating or relating to the holding of elections so as to eliminate therefrom any reference or regulation affecting in any manner Primary elections in this State, by striking all sections in which any reference is made to Primary elections and rewriting the same leaving out such reference to Primary elections, so as to completely divorce the State of Georgia from having anything to do in any manner, shape, or form, with the holding of primary elections by any political party, organization, or association; to declare all municipal ordinances and all laws, whether general, special or local, having any reference to or regulating Primary elections in any manner whatsoever to be null, void and of no effect; to exempt from this repeal all criminal statutes with reference to fraud; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same as follows, to-wit: Section 1. The Code of Georgia is hereby amended as follows: 1. By striking therefrom in its entirety Section 34-404 which reads as follows: 34-404. Time for filing list; alphabetical arrangement of names; unlisted persons barred from voting. Within five days after completing the list of voters, the registrars shall file with the clerk of the Superior Court of their county a complete list of the registered voters of the county as prepared and determined by them. Said list shall be alphabetically arranged by militia districts, and in case a city is located in the county, by wards of the city, and said list shall be the list of registered voters for the general election to be held in said year for the Governor and other State officers and members of the General Assembly, and no person shall vote or be allowed to vote at said general election, or at any party primary to nominate candidates for the offices to be filled at said general election, unless his name is upon the said registration list so filed by said registrars, and no person whose name is not on said list shall vote or be allowed to vote at any other election or primary except as hereafter provided in this Title. 34-404 stricken. 2. By inserting and adopting in lieu thereof a new Section 34-404 to read as follows: 34-404. Time for filing list; alphabetical arrangement of names; unlisted persons barred from voting. Within five days after completing the list of voters, the registrars shall file with the clerk of the Superior Court of their county a complete list of the registered voters of the county as prepared and determined by them. Said list shall be alphabetically arranged by militia districts, and, in case a city is located in the county, by wards of the city, and said list shall be the list of registered voters for the general election to be held in said year for the Governor and other State officers and members of the General Assembly, and no person shall vote or be allowed to vote at said general election unless his name is upon the said registration list so filed by said registrars, and no person

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whose name is not on said list shall vote or be allowed to vote at any other election except as hereafter provided in this Title. New section. Section 2. The Code of Georgia is hereby amended as follows: 1. By striking therefrom in its entirety Section 34-405, which reads as follows: 34-405 stricken. 34-405. Persons entitled to vote. Each person whose name is upon the registration list for the general election provided for in the foregoing section shall be entitled to vote at the general State election for said year and all primaries to nominate candidates for offices to be filled at said general State election and also at the Federal election in November of said year, and the election for justices of the peace and constables to be held in said year, and at all primaries for the nomination of candidates for the offices to be filled at said elections, and also at all primaries for nomination for county offices, and all other primaries and elections to be held for any purpose during said year after the filing of said registration list or during the succeeding year: Provided, that such person is not otherwise disqualified from voting at any election or primary held during such succeeding year: Provided, that no person shall be qualified to vote at any election unless he shall have paid all poll taxes due at least six months before the same, except when said election is held within six months from the expiration of the time fixed by law for the payment of said taxes. 2. By inserting and adopting in lieu thereof a new Section 34-405 to read as follows: 34-405. Persons entitled to vote. Each person whose name is upon the registration list for the general election provided for in the foregoing section shall be entitled to vote at the general State election for said year and also at the Federal election in November of said year, and the election for justices of the peace and constables to be held in said year, and all other elections to be held for any purpose during said year after the filing of said registration list or during the succeeding year: Provided, that such person is not otherwise disqualified from voting at any election held during such succeeding year; Provided, that no

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person shall be qualified to vote at any election unless he shall have paid all poll taxes due at least six months before the same, except when said election is held within six months from the expiration of the time fixed by law for the payment of said taxes. New section. Section 3. The Code of Georgia is hereby amended as follows: 1. By striking therefrom in its entirety Section 34-406, which reads as follows: 34-406 stricken. 34-406. Supplemental registration list; preparation, etc.; special elections. If any person whose name is not on said registration list desires to vote at any election or primary subsequent to the general State election whether in the said year or the succeeding year, he shall, upon paying all poll taxes due by him, at least six months before the election at which he desires to vote, if otherwise qualified, have the right to take the oath and subscribe the same in the voters' book. The tax collector shall, six months before every such election other than the general State election, close his voters' books for said election and within five days file with the registrars a list of all names in the voters' books of persons who have so qualified themselves to vote for such election in the same manner and with the same information as required by law in filing lists of persons registering as voters, and the registrars shall within 20 days thereafter pass upon the same as provided in regard to the list originally furnished, and shall within said 20 days file with the clerk of the Superior Court a supplemental registration list showing the names of additional voters who are entitled to vote at such election subsequent to the General State election. Any person whose name appears upon said list may vote at such election and at any primary to nominate candidates for offices to be filled at such election: Provided, that the registrars shall purge said list, before filing it, of the names of all persons who will not be qualified at such election, in the same manner as provided for preparing and purging the registration list for the general State election. All voters on said list shall have the same rights as to elections subsequent to such election as persons on the list for the general election: Provided, that at any special election the provisions

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of the next succeeding section shall be followed as to registration and voting. 2. By inserting and adopting in lieu thereof a new Section 34-406 to read as follows: 34-406. Supplemental registration list; preparation, etc., special elections. If any person whose name is not on said registration list desires to vote at any election subsequent to the general State election whether in the said year or the succeeding year, he shall upon paying all poll taxes due by him, at least six months before the election at which he desires to vote, if otherwise qualified, have the right to take the oath and subscribe the same in the voters' book. The tax collector shall, six months before every such election other than the general State election, close his voters' books for said election and within five days file with the registrars a list of all names in the voters' books of persons who have so qualified themselves to vote for such election in the same manner and with the same information as required by law in filing lists of persons registering as voters, and the registrars shall within 20 days thereafter pass upon the same as provided in regard to the list originally furnished, and shall within the said 20 days file with the clerk of the Superior Court a supplemental registration list showing the names of additional voters who are entitled to vote at such election subsequent to the general State election. Any person whose name appears upon said list may vote at such election: Provided, that the registrars shall purge said list, before filing it, of the names of all persons who will not be qualified at such election, in the same manner as provided for preparing and purging the registration list for the general State election. All voters on said list shall have the same rights as to elections subsequent to such election as persons on the list for the general election: Provided, that any special election the provisions of the next succeeding section shall be followed as to registration and voting. New section. Section 4. The Code of Georgia is hereby amended as follows: 1. By striking therefrom in its entirety Section 34-407, which reads as follows: 34-407. Additional registration list; preparation, etc.;

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special elections. Any person who has registered for any general election shall, if otherwise qualified to vote at any special election before the next said general election, be listed and entitled to vote at such special election. Within five days after the call of said special election, the tax collector shall close his voters' books, and within five days thereafter he shall file with the county registrars an accurate and complete list of all names signed in said voters' books since the close of the voters' books for the last general election and not before filed with said registrars for the last general election, said list to be made out and arranged as provided in Section 34-201. Within five days thereafter the registrars shall file with the clerk of the Superior Court said supplemental registration list showing the names of additional voters who are entitled to vote at said special election, and any person whose name appears upon said list may vote at such special election and at any primary to nominate candidates for offices to be filled at such special election, but the registrars shall purge said list before filing it of all persons who will not be qualified to vote at said election in the same manner as preparing and purging the registration list for the general election. It shall be the duty of the registrars upon the call of a special election to purge the list of registered voters prepared for the last general election of any names subsequently disqualified by failure to pay poll taxes becoming due subsequent to the last general election, and it shall be the duty of the registrars to furnish to the managers of said special election two lists, one composed of the names of voters entitled to vote by reason of their registration for the last general election, and the other made up of the names of those entitled to vote by their subsequent registration as hereinbefore provided for, and if a primary is held for said special election, it shall be the duty of the registrars to furnish said lists also to the managers of said primary in time for use in said primary, and no one shall be entitled to vote either in said special election or in said primary unless his name is upon one of the lists furnished by the registrars. 34-407 stricken. 2. By inserting and adopting in lieu thereof a new Section 34-407 to read as follows: 34-407. Additional registration list; preparation, etc.;

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special elections. Any person who has registered for any general election shall, if otherwise qualified to vote at any special election before the next said general election, be listed and entitled to vote at such special election. Within five days after the call of said special election, the tax collector shall close his voters' books, and within five days thereafter he shall file with the county registrars an accurate and complete list of all names signed in said voters' books since the close of the voters' books for the last general election and not before filed with said registrars for the last general election, said list to be made out and arranged as provided in section 34-201. Within five days thereafter the registrars shall file with the clerk of the Superior Court said supplemental registration list showing the names of additional voters who are entitled to vote at said special election, and any person whose name appears upon said list may vote at such special election, but the registrars shall purge said list before filing it of all persons who will not be qualified to vote at said election in the same manner as preparing and purging the registration list for the general election. It shall be the duty of the registrars upon the call of a special election to purge the list of registered voters prepared for the last general election of any names subsequently disqualified by failure to pay poll taxes becoming due subsequent to the last general election, and it shall be the duty of the registrars to furnish to the managers of said special election two lists, one composed of the names of voters entitled to vote by reason of their registration for the last general election, and the other made up of the names of those entitled to vote by their subsequent registration as hereinbefore provided for, and no one shall be entitled to vote in said special election unless his name is upon one of the lists furnished by the registrars. New section. Section 5. The Code of Georgia is hereby amended as follows: 34-1902 stricken. 1. By striking therefrom in its entirety Section 34-1902 which reads as follows: 34-1902. Booths; arrangement; supplies. Whenever any election, whether general, special or primary, State, county, municipal, city, town or village, or any election to determine any matter or question which is or may

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be referred to the vote of the people of the State, of a county, or of a city, town or village, or any election of any kind or character is to be held, it shall be the duty of the ordinary of each county, at the expense of the county, or in a case of a purely municipal election, at the expense of the municipality, to provide at each polling place, a private room or rooms, a booth or booths, or an enclosure or enclosures, with such compartments therein as may be necessary to accommodate the persons qualified to vote at such polling places, and shall furnish each compartment with a shelf or table for the convenience of the electors in the preparation of their ballots. Each booth or compartment shall be so arranged that it will be impossible for one elector at a shelf or table in one compartment, or anyone else, to see an elector, at a shelf or table in another compartment in the act of marking his ballot. Each voting shelf or table shall be kept supplied with conveniences for marking the ballots. No person or persons, other than the voter himself while occupying the booth or while in the immediate act of voting, shall come within 10 feet of said booth or booths while said polls are open. This section shall not apply to any of the officers in charge of holding said election. 2. By inserting and adopting in lieu thereof a new Section 34-1902 to read as follows: New section. 34-1902. Booths; arrangement; supplies.Whenever any election, whether general, special, State, County, municipal, city, town or village, or any election to determine any matter or question which is or may be referred to the vote of the people of the State, of a county, or of a city, town or village, or any election of any kind or character is to be held, it shall be the duty of the ordinary of each county at the expense of the county, or in a case of a purely municipal election, at the expense of the municipality, to provide at each polling place, a private room or rooms, a booth or booths, or an enclosure or enclosures with such compartments therein as may be necessary to accommodate the persons qualified to vote at such polling places, and shall furnish each compartment with a shelf or table for the convenience of the electors in the preparation of their ballots. Each booth or compartment shall be so arranged that it will be impossible for one elector at

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a shelf or table in one compartment, or anyone else, to see an elector, at a shelf or table in another compartment in the act of marking his ballot. Each voting shelf or table shall be keep supplied with conveniences for marking the ballots. No person or persons, other than the voter himself while occupying the booth or while in the immediate act of voting, shall come within 10 feet of said booth or booths while said polls are open. This section shall not apply to any of the officers in charge of holding said election. Section 6. The Code of Georgia is hereby amended as follows: 1. By striking therefrom in its entirety Section 34-1903 which reads as follows: 34-1903 stricken. 34-1903. Primary elections; ballots; qualifications of candidates.In all primary elections, it shall be the duty of the county or city executive committee, or other party authority of the political party holding the election, to provide official ballots, with the names of all candidates who have properly qualified in accordance with the rules of such party, printed thereon; such names to be arranged upon said ballots in alphabetical order as to candidates for the same office, said ballots to be numbered consecutively and bound together in blocks or pads in such manner that each ballot may be detached and removed separately. Each ballot shall have attached at the top thereof a sheet which may be easily detached, with a blank space for the name of the voter, and printed thereon a number, and the same designation and number shall be printed on the ballot itself; but a different designation or letter shall be printed on the ballots used at the various polling places, so that the ballots at no two polling places in the same county shall bear the same designation, and so that all the ballots shall be so arranged that the printed designation and number on the stub and on the ballot shall appear on the reverse side of the ballot, so that the voter, after he has prepared his ballot, may fold the same and after folding the manager may examine and compare the number and designation on the sheet bearing the name of the particular voter without exposing, inspecting or disclosing the face of the ballot itself. On the ballot shall be printed such words as will enable the voter to express his choice, such as Vote for one, Vote for two, and the

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like; and the voter or elector shall erase, mark out or cancel the name or names of the candidate or candidates for whom he does not wish to vote. If at any time, the proper authorities of any political party shall submit to the members of such party any matter or question to be voted upon, said authorities shall also have printed on said ballots the necessary language to guide the voter in the expression of his desire as to any such matter or question. All candidates for nomination for State and county offices including members of the General Assembly shall qualify as such candidates in accordance with the rules of the party calling the primary, not later than 30 days previous to the holding of such primary, and the committee or other party authority of such party shall not fix any other or different time limit for qualification; Provided, however, that this provision shall not apply to special primary elections to fill vacancies. Section 6-A. The Code of Georgia is hereby amended as follows: 34-1904 stricken. 1. By striking therefrom, in its entirety, Section 34-1904, which reads as follows: In all elections, other than primary elections, held under the auspices of a political party, it shall be the duty of the Ordinary to provide and furnish, at the expense of the County, and in case of purely municipal elections, at the expense of the municipality, official ballots for all such elections, having printed thereon, in separate columns the names of the candidates of each political party, designating the names of the political party to which they belong; and also the names of any other candidates for the office to be filled at said election, and in case of election for President and Vice-President of the United States, the names of the candidates for such offices may be added with the electors and party designation: Provided, however, it shall not be the duty of said officers to place the names of any candidates on said official ballots unless notice of the candidacy shall be given in the following manner to-wit: all candidates for national and State Offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving the names and the offices for which they are candidates,

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with the Secretary of State, at least 30 days prior to the regular election, except in cases where a second primary election is necessary; provided, further, that such candidate shall also file a petition for that purpose signed by not less than five per cent of the registered voters in that territory or that such political party shall have cast no less than five per cent of the votes in the last General Election next preceeding for the election of such officer; but nothing in this proviso shall be construed as applying to special elections. The names of such candidates shall be filed with the Secretary of State as soon as possible after the determination of the result of said second primary. All candidates for District and County offices, either by themselves or by the proper authorities of the party nominating them shall file notice of their candidacy with the Ordinary of the County at least 15 days before the regular election; and all candidates for municipal offices shall file notice of their candidacy, either by themselves or by the proper authorities of the party nominating them, with the mayor, or other chief executive officer of the municipality, at least 15 days before the regular election. In the event of the resignation or death of any nominee of any political party prior to the regular election, at which the name of said nominee is to appear on the Official Ballot, said vacancy in nomination shall be filled in such manner as may be determined by the proper authorities of such party. Said officers shall also have printed on said ballots such language as may be necessary for the voters to express their desires as to any question or matter which may be submitted at any such election. In all other particulars said ballots shall be arranged, printed, and prepared for regular elections as provided in Section 34-1903. 2. By inserting and adopting in lieu thereof a new Section 34-1904. to read as follows: 34-1904. Ballots in elections other than primary Elections. In all elections other than Primary Elections held under the auspices of a political party, it shall be the duty of the Ordinary to provide and furnish, at the expense of the County, and in case of purely municipal elections, at the expense of the municipality, official ballots for all such elections, having printed thereon, in separate columns, the names of the candidates of each political party,

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designating the names of the political party to which they belong; and also the names of any other candidates for the offices to be filled at said election; and in case of election for President and Vice President of the United States, the names of the candidates for such offices may be added with the electors and party designation: Provided, however, it shall not be the duty of said officers to place the names of any candidates on said official ballots unless notice of the candidacy shall be given in the following manner, to-wit: All candidates for National and State Offices, or the proper authorities of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates, with the Secretary of State at least 30 days prior to the regular election, except in cases where a second primary election is necessary. The names of such candidates shall be filed with the Secretary of State as soon as possible after the determination of the result of said second primary. All candidates for District and County offices, either by themselves or by the proper authorities of the party nominating them, shall file notice of their candidacy with the Ordinary of the County at least 15 days before the regular election; and all candidates for municipal offices shall file notice of their candidacy either by themselves or by the proper authorities of the party nominating them, with the mayor or other chief executive officer of the municipality at least 15 days before the regular election. In the event of the resignation or death of any nominee of any political party prior to the regular election, at which the name of said nominee is to appear on the Official Ballot, said vacancy in nomination shall be filled in such manner as may be determined by the proper authorities of such party. Said officers shall also have printed on said ballots such language as may be necessary for the voters to express their desires as to any question or matter which may be submitted at any such election. In all other particulars said ballots shall be arranged, printed, and prepared for regular elections as provided in Section 34-1903. New section. Section 7. The Code of Georgia is hereby amended as follows: 34-1906 [Illegible Text].

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1. By striking therefrom in its entirety Section 34-1906 which reads as follows: 34-1906. Election supplies, ballots, etc.The officers or party authorities furnishing to the election managers the ballots provided for in sections 34-1903 and 34-1904 shall provide at least 25 per cent more ballots at each polling place than there are qualified voters registered at said polling place, and shall also furnish all other election supplies required by law, such as blanks for lists of voters, tally sheets, etc., at the expense of the county, municipality, or political party, according to whether the same be a regular State or county election, municipal election or primary election, and it shall be unlawful for any election official or party authorized to deliver any ballot or ticket to any person other than duly appointed manager or clerk of the election, and it shall be unlawful for any manager or clerk or other election official to deliver any ballot or ticket to any person other than a qualified voter or elector upon his applying for one at the proper voting place for the purpose of voting the same. 2. By inserting and adopting in lieu thereof a new Section 34-1906 to read as follows: 34-1906. Election supplies, ballots, etc.The officers furnishing to the election managers the ballots provided for in Section 34-1904 shall provide at least 25 per cent more ballots at each polling place than there are qualified voters registered at said polling place, and shall also furnish all other election supplies required by law, such as blanks for lists of voters, tally sheets, etc., at the expense of the county or municipality according to whether the same be a regular State or county election, or municipal election, and it shall be unlawful for any election official authorized to deliver any ballot or ticket to any person other than a duly appointed manager or clerk of the election, and it shall be unlawful for any manager or clerk or other election official to deliver any ballot or ticket to any person other than a qualified voter or elector upon his applying for one at the proper voting place for the purpose of voting the same. New section. Section 8. The Code of Georgia is hereby amended as follows: 34-1907 stricken.

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1. By striking therefrom in its entirety Section 34-1907 which reads as follows: 34-1907. Preparation of ballots; to whom ballots delivered.No printer, publisher or other person engaged to print or prepare election ballots, shall deliver or furnish a ballot or ballots, or any likeness of the same, to any person other than the officials or party authorities designated in this Chapter to provide and furnish ballots, or on their written order; and no person engaged by such printer or publisher or other person to aid or assist in the printing or preparation of said ballots shall retain or deliver or furnish a ballot or ballots of the likeness or form of the same to any person other than said officials or party authorities, or on their written order. Nor shall any person, who having in any manner procured an official ballot or likeness thereof, furnish, deliver or give the same to anyone other than one of said officials, said party authorities or an election manager. 2. By inserting and adopting in lieu thereof a new Section 34-1907 to read as follows: 34-1907. Preparation ballots; to whom ballots delivered.No printer, publisher or other person engaged to print or prepare election ballots, shall deliver or furnish a ballot or ballots, or any likeness of the same, to any person other than the officials designated in this Chapter to provide and furnish ballots, or on their written order; and no person engaged by such printer or publisher or other person to aid or assist in the printing or preparation of said ballots shall retain or deliver or furnish a ballot or ballots of the likeness or form of the same to any person other than said officials or on their written order. Nor shall any person, who having in any manner procured an official ballot or likeness thereof, furnish, deliver or give the same to anyone other than one of said officials, or an election manager. New section. Section 9. The Code of Georgia is hereby amended as follows: 34-1912 stricken. 1. By striking therefrom in its entirety Section 34-1912 which reads as follows: 34-1912. Preservation of election supplies.It shall

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be the duty of the ordinary of each county, after each election, to preserve and secure for subsequent use for the same purpose all of the partitions, sections and parts of the private rooms, booths, compartments, or enclosures, and all materials, apparatus or paraphernalia in connection therewith which it is possible or practicable for them to preserve and secure so as to reduce as much as possible the expense of making provision for future elections: Provided, whenever, in any particular county, city, town or village, any regular or primary election is held in which there is no contest for any office to be filled at said election and in which each and every candidate has no opponent, the ordinary of the county shall incur no expense for, nor provide or furnish any private rooms, booths, or enclosures as provided by section 34-1902, and whenever in any particular county, city, town or village any primary or regular election is held in which there is no contest for any office to be filled at said election, and in which each and every candidate has no opponent, neither the party authorities in case of a primary, nor the ordinary of the county in case of a regular election, shall be required to provide tickets or ballots in conformity to sections 34-1903 and 34-1904, respectively, but shall be required to furnish tickets or ballots only in the simple form heretofore used. 2. By inserting and adopting in lieu thereof a new Section 34-1912 to read as follows: New section. 34-1912. Preservation of election supplies.It shall be the duty of the ordinary of each county, after each election, to preserve and secure for subsequent use for the same purpose all of the partitions, sections and parts of the private rooms, booths, compartments, or enclosures, and all materials, apparatus or paraphernalia in connection therewith which it is possible or practicable for them to preserve and secure so as to reduce as much as possible the expense of making provision for future elections: Provided, whenever, in any particular county, city, town or village, any regular election is held in which there is no contest for any office to be filled at said election and in which each and every candidate has no opponent, the ordinary of the county shall incur no expense for, nor provide or furnish any private rooms, booths, or enclosures as provided by section 34-1902, and whenever in any particular

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county, city, town or village any regular election is held in which there is no contest for any office to be filled at said election, and in which each and every candidate has no opponent, the ordinary of the county in case of a regular election shall not be required to provide tickets or ballots in conformity to section 34-1904, but shall be required to furnish tickets or ballots only in the simple form heretofore used. Section 10. The Code of Georgia is hereby amended as follows: 34-2001 stricken. 1. By striking therefrom in its entirety Section 34-2001 which reads as follows: 34-2001. (92) Publication of campaign expenses.All candidates for Governor, Statehouse officers, Justices of the Supreme Court, Judges of the Court of Appeals, and for United States Senator, shall, within 20 days from the date of holding the election or primary election at which they shall be candidates, file with the Comptroller General an itemized statement, under oath, of all campaign expenses incurred by them, showing the amount of money expended in such campaign, the purposes for which it was used, and the source from which it was derived, and shall at the same time publish said sworn statement in some newspaper of general circulation published at the Capital of this State; likewise all candidates for Congress or for the State Senate shall, within 20 days after the holding of the election or primary election at which they shall be candidates, file with the clerk of the superior court of each of the several counties composing said congressional and senatorial districts, respectively, an itemized statement under oath of all campaign expenses incurred by them, showing the amount of money expended in such campaign, the purposes for which it was used, and the source from which it was derived, and shall at the same time publish, in some one or more newspapers having a general circulation in such district or districts, said sworn statement; likewise all candidates for judges of the superior courts, and solicitors general, and members of the General Assembly, and all county officer, including county and city judges and solicitors elected by the people, shall, within 20 days from the date of holding said election or primary

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election, in the cases of judges and solicitors general, file with the clerk of the superior court of each of the counties of the circuit a similar statement under oath as that required of the above-named candidates, and shall at the same time publish the same in some newspaper having a general circulation in the circuit; and in the case of the county officers, including city judges and solicitors elected by the people, they shall file with the clerk of the superior court of such county a similar statement under oath, but said county officers, including city judges and solicitors elected by the people, shall not be required to publish in any paper said expenses. 2. By inserting and adopting in lieu thereof a new Section 34-2001 to read as follows: New section. 34-2001. Publication of campaign expenses.All candidates for Governor, Statehouse officers, Justices of the Supreme Court, Judges of the Court of Appeals, and for United States Senator, shall, within 20 days from the date of holding the election at which they shall be candidates, file with the Comptroller General an itemized statement, under oath, of all campaign expenses incurred by them, showing the amount of money expended in such campaign, the purposes for which it was used, and the source from which it was derived, and shall at the same time publish said sworn statement in some newspaper of general circulation published at the Capitol of this State; likewise all candidates for Congress or for the State Senate shall, within 20 days after the holding of the election at which they shall be candidates, file with the clerk of the superior court of each of the several counties composing said congressional and senatorial districts, respectively, an itemized statement under oath of all campaign expenses incurred by them, showing the amount of money expended in such campaign, the purposes for which it was used, and the source from which it was derived, and shall at the same time publish, in some one or more newspapers having a general circulation in such district or districts, said sworn statement; likewise all candidates for judge of the superior courts, and solicitors general, and members of the General Assembly and all county officers, including county and city judges and solicitors elected by the people, shall, within 20 days from the date of holding said election

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in the cases of judges and solicitors general, file with the clerk of the superior court of each of the counties of the circuit a similar statement under oath as that required of the above-named candidates, and shall at the same time publish the same in some newspaper having a general circulation in the circuit; and in the case of the county officers, including city judges and solicitors elected by the people, they shall file with the clerk of the superior court of such county a similar statement under oath, but said county officers, including city judges and solicitors elected by the people, shall not be required to publish in any paper said expenses. Section 10-A. The Code of Georgia is hereby amended as follows: 34-2002 stricken. 1. By striking therefrom in its entirety Section 34-2002 which reads as follows: 34-2002. (93) When candidate shall not be declared the nominee.No person violating the provisions of the preceding section shall be declared the nominee of the party. Section 11. The Code of Georgia is hereby amended as follows: 34-3201 stricken. 1. By striking therefrom in its entirety Section 34-3201 which reads as follows: 34-3201. (127) How elections conducted; oath of managers.Every political primary election held by any political party, organization, or association, for the purpose of choosing or selecting candidates for office, or the election of delegates to conventions in this State, shall be presided over and conducted in the manner and form prescribed by the rules of the political party, organization, or association holding such primary elections, by managers selected in the manner prescribed by such rules. Such managers shall, before entering upon the discharge of their duties, each take and subscribe an oath that he `will fairly, impartially, and honestly conduct the same according to the provisions of the law providing how primary elections shall be held in this State, and in accordance with the laws of this State governing regular elections for the offices of this State.' Should one or more of the managers

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thus appointed to hold such elections fail to appear on the day of election, the remaining manager or managers shall appoint others in their stead and administer to them the oath herein prescribed. The managers shall take the oath before a notary public or other officer authorized to administer oaths; but if no such officer can be conveniently had, the managers may administer the oath to each other. The oath, after being made and subscribed, shall be filed in the office of the clerk of the superior court of the county in which the primary election shall be held, within five days after an election. Section 12. The Code of Georgia is hereby amended as follows: 34-3202 stricken. 1. By striking therefrom in its entirety Section 34-3202 which reads as follows: 34-3202. (128) Exhibition and locking of ballot box; count of votes; certification of result.Before any ballots are received at such primary elections, and immediately before opening the polls, the managers shall open each ballot box to be used in the election, and shall exhibit the same publicly, to show that there are no ballots in the box. They shall then close and lock or seal the box, except the opening to receive the ballots, and shall not again open the same until the close of the election. They shall keep a list of voters voting at the election, and shall, before receiving any ballot, administer to the voter an oath, provided the voter's vote is challenged, that he is duly qualified to vote according to the election laws of this State, and that he has not voted before in such primary election then being held. At the close of the election the managers shall proceed publicly to count the votes and declare the result. They shall certify the result of the election, and transmit the certificate with the tally sheet or poll list, together with the ballots cast, and all other papers relating to such primary election, within the time and in the manner prescribed in this Chapter. Section 13. The Code of Georgia is hereby amended as follows: 34-3203 stricken. 1. By striking therefrom in its entirety Section 34-3203 which reads as follows: 34-3203. (129) Time for holding election.Whenever

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any political party shall hold primary elections for nomination of candidates for office, such party or its authorities shall cause all candidates for nominations for Governor, Statehouse officers, members of Congress, United States Senators, judges of the superior courts, Justices of the Supreme Court, Judges of the Court of Appeals, solicitors general and members of the General Assembly to be voted for on one and the same day throughout the State at such date as may be fixed by the State executive committee of such party, except where a second primary shall have been called by the authorities of said party for any particular office on some subsequent day, through failure to make, for any cause, a valid nomination at the first primary, or in consequence of a contest: Provided, that said executive committee shall not fix the date for the said general primary earlier than 60 days before the date of the general State election in November: Provided further, that this section shall not have the effect of requiring a primary for judges and solicitors except in their respective circuits, or for members of the General Assembly except in their respective counties, or for State senators except in their counties, as the authorities of said party may authorize or direct. Section 14. The Code of Georgia is hereby amended as follows: 34-3204 stricken. 1. By striking therefrom in its entirety Section 34-3204 which reads as follows: 34-3204. (130) Where elector shall vote.No elector shall vote in any such primary election in a militia district other than the one in which he resides, or, if he resides in a city, in a ward other than the one in which he resides, if an election precinct shall be located in such ward. Section 15. The Code of Georgia is hereby amended as follows: 34-3205 stricken. 1. By striking therefrom in its entirety Section 34-3205 which reads as follows: 34-3205. (131) Oath of manager, when to be taken.No person who has not first taken the oath prescribed by law for managers of primary elections shall act as manager, clerk, or assistant or in any way take part in

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receiving, counting, or consolidating the votes or results in any such primary election, and no manager of any primary election shall permit any person who has not first taken the oath now prescribed by law for the managers of primary elections, to act as assistant or clerk or in any way take part in receiving, counting, or consolidating the votes or results in any such primary election. Section 16. The Code of Georgia is hereby amended as follows: 34-3206 stricken. 1. By striking therefrom in its entirety Section 34-3206 which reads as follows: 34-3206 (132) Elector's name must be on registration list.No manager of any such primary election shall receive the ballot of any elector until he has first ascertained that the name of such elector appears upon the registration list furnished for such election by the registrars, or filed by them in the office of the clerk of the superior court of the county in which the primary election shall be held, and upon the receipt of such ballot the name of the elector voting shall be checked or marked on said list. Section 17. The Code of Georgia is hereby amended as follows: 34-3207 stricken. 1. By striking therefrom in its entirety Section 34-3207 which reads as follows: 34-3207 (133) Returns of managers, how filed and controlled.The returns of the managers, with the tally sheets, lists of voters, and ballots, together with all papers connected with said election, shall be filed in the office of the clerk of the superior court of the county in which said election shall be held, within four days after the final declaration of the result thereof. One of the lists of the voters and one of the registration lists with names of those checked or marked as voters shall be exhibited by said clerk to anyone desiring to inspect same, but the other documents deposited as aforesaid shall be kept unopened and under seal until the next meeting of the grand jury, to which grand jury one registration list, one list of voters, and the checked registration list above mentioned shall be exhibited; and if no action shall be taken thereon by the grand jury and no contest shall have been filed within the time prescribed by the authorities of

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said party, all of said election-papers shall be destroyed. Section 18. The Code of Georgia is hereby amended as follows: 34-3208 stricken. 1. By striking therefrom in its entirety Section 34-3208 which reads as follows: 34-3208 (134) Official ballot shall be provided.The persons authorized by the rules of the party, organization, or association to hold such primary election shall provide an official ballot whereon shall be printed all the names of the candidates for the various offices hereinbefore named. Section 19. The Code of Georgia is hereby amended as follows: 34-3209 stricken. 1. By striking therefrom in its entirety Section 34-3209 which reads as follows: 34-3209 (135) Party authorities may formulate additional rules.The party authorities shall, in all matters not provided for in this Chapter, formulate rules and regulations for holding said primary election and for making returns thereof to the proper party authorities. Section 20. The Code of Georgia is hereby amended as follows: 34-3210 stricken. 1. By striking therefrom in its entirety Section 34-3210 which reads as follows: 34-3210 (136) Time and place of election; returns; declaration of result.Every such primary election shall be held at the time and place, and under the regulations prescribed by the rules of the party, organization, or association holding the same, and the return shall be made and the result declared as prescribed in this Chapter. Section 21. The Code of Georgia is hereby amended as follows: 34-3211 stricken. 1. By striking therefrom in its entirety Section 34-3211 which reads as follows: 34-3211 (137) Contests.When a contest is filed on the ground of illegal votes, any of which it is claimed on affidavit can probably be proved to be illegal by resort to the ballots, specifying what ballots, it shall be the duty of the clerk of the superior court to deliver the same, together

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with all papers connected with said primary election, to the person or persons who shall preside at the taking of the testimony in such contested election, upon demand, who shall examine said suspected ballots and none other. Section 22. The Code of Georgia is hereby amended as follows: 34-3212 stricken. 1. By striking therefrom in its entirety Section 34-3212 which reads as follows: 34-3212. County unit vote.Whenever any political party shall hold primary elections for nomination of candidates for United States Senator, Governor, Statehouse officers, Justices of the Supreme Court, and Judges of the Court of Appeals, such party or its authorities shall cause all candidates for nominations for said offices to be voted for on one and the same day throughout the State, which is hereby fixed as the second Wednesday in September of each year in which there is a regular general election. Candidates for nominations to the above-named offices who receive, respectively, the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis, that is to say, two votes for each representative to which such county is entitled in the lower House of the General Assembly. If in any county any two or more candidates shall tie for the highest number of popular votes received, the county unit vote of such county shall be equally divided between the candidates so tying. All such county unit votes shall within 10 days after such primary be accurately consolidated by the chairman and secretary of the State committee of the political party holding such primary, and published in a newspaper published at the Capitol, within three days after the completion of the consolidation, certified under the hands and seals of said chairman and secretary; and the candidates for said offices, respectively, who shall receive a majority of all the county unit votes, throughout the entire state, upon the basis above set forth, shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominees of such party for the above-named

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offices, respectively, and it shall be the duty of the state executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates of such party for the offices named; Provided, that in the event there are only two candidates for any particular office referred to in this section, and it shall appear, after the consolidation of all of the county unit votes throughout the State, that said candidates have received an equal number of county unit votes, the one who shall have received a majority of the popular votes shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for such office; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the name of such successful candidate shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidate shall be considered, deemed and held as the duly nominated candidate of such party for the office named: Provided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party. Section 23. The Code of Georgia is hereby amended as follows: 34-3213 stricken. 1. By striking therefrom in its entirety Section 34-3213 which reads as follows: 34-3213. Second primary election.In the event that, after such consolidation of all the county unit votes throughout the State, it shall be made to appear that in the contest for any one or more of said offices, no candidate has received a majority of all of the county unit votes throughout the State, upon the basis as above set

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forth, and it shall further appear that there are more than two candidates for any one or more of said offices, such political party shall hold a second primary election throughout the State on the first Wednesday in October following such first primary election, and in such second primary election only the two candidates ascertained to have received the highest number of county unit votes at the first primary election for any particular office shall be voted for; and the vote shall be consolidated and the result declared and certified within 10 days after said second primary election, and published in a newspaper published at the Capitol within three days after the completion of such consolidation, certified under the hand and seal of said chairman or secretary; and the candidate who shall receive a majority of the county unit votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for the particular office for which he is a candidate; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held to be the duly nominated candidates of such party, for the offices named; Provided, that if both candidates for any office in said second primary election shall receive an equal number of county unit votes, after the consolidation of all of the county unit votes of all the counties, said State convention or the permanent chairman thereof, or the secretary thereof, or other authority of such party, shall declare the candidate receiving the majority of the popular votes cast the regular nominee of such party for that particular office; Provided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party: Provided, further, that said second primary election shall not affect the nomination

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of any candidate or candidates for any one of said offices who shall have received a majority of the county unit votes at the first primary election, and said second primary election shall be held only for the purpose of deciding contests for offices in which no candidate shall have received a majority of the county unit votes at the first primary election: Provided, further, that in the event there shall be more than two candidates in the first primary and any two candidates shall tie in said first primary for the next or second highest number of county unit votes received, the candidate who shall receive the highest number of popular votes in said first primary, as between said two candidates so tying, shall make the contest in said second primary, against the candidate who shall have received in said first primary the highest number of county unit votes; and in the event any three or more candidates shall tie in said first primary for the highest number of county unit votes, the two candidates (among said candidates so tying for the highest number of county unit votes) who shall have received the highest number of popular votes in said first primary, shall make the contest against each other in said second primary; Provided, further, that all of the provisions of this section relative to a second primary, in the event no candidate shall receive a majority of all of the county unit votes throughout the State, in the first primary, shall apply only to the offices of United States Senator and Governor; and no second primary shall be necessary to decide finally the contest for any other office named in section 34-3213; and in the contest for all of said offices, except United States Senator and Governor, the candidates for such offices, who shall receive the highest number of county unit votes, throughout the State, upon the basis above set forth, shall in like manner be declared the nominees of such party for said offices, respectively; Provided, further, that in the event, after such consolidation, it shall be made to appear that any two or more candidates for the same office (except in contests for United States Senator and Governor) shall have received an equal number of county unit votes, the candidate or candidates who shall receive the highest number of popular votes throughout the State, shall, in like manner, be declared the nominee or nominees

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of such party for said offices, respectively; it being the intention of this proviso to provide that the majority of the county unit vote shall be the determining factor for the nomination of United States Senator and Governor and that the plurality of the county unit vote shall be the determining factor for the nomination to all other offices named in section 34-3212. Section 24. The Code of Georgia is hereby amended as follows: 34-3214 stricken. 1. By striking therefrom in its entirety Section 34-3214 which reads as follows: 34-3214. Convention, when held.In each regular election year in which a second primary shall be necessary, by reason of a failure of a candidate or candidates to receive a majority of the county unit votes at the first primary election, such party or its authority shall not hold its convention until after the expiration of 15 days from the date of such second primary election. Section 25. The Code of Georgia is hereby amended as follows: 34-3215 stricken. 1. By striking therefrom in its entirety Section 34-3215 which reads as follows: 34-3215. Special primary elections to fill vacancies.Special primary elections to fill vacancies in any of the offices referred to in this law shall be held on such date as may be fixed by the State executive committee of such party; but the same rules prescribed in this law for determining the result in general primary elections for the offices named shall govern in determining the result of any special primary election; and a second primary election shall be held within 15 days after the date of such first primary election, in the event no candidate receives a majority of all of the county unit votes throughout the State; and the same duties and obligations are hereby imposed upon the chairman, secretary, convention or other party authorities in the case of such special primary elections as are in this law imposed upon them in the case of general primary elections: Provided, that if no convention of such party shall be called or shall be made in such manner as may be prescribed by the State committee or other authority of such party.

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Section 26. The Code of Georgia is hereby amended as follows: 34-3216 stricken. 1. By striking therefrom in its entirety Section 34-3216 which reads as follows: 34-3216. Expenses; payment.The expense of holding such primary elections shall be paid by the political party which causes the same to be held. Section 27. The Code of Georgia is hereby amended as follows: 34-3217 stricken. 1. By striking therefrom in its entirety Section 34-3217 which reads as follows: 34-3217. Limitations.Nothing in this law shall be construed to provide or require any definite unit of election for candidates for nominations for members of Congress, judges of the superior courts, solicitors general, members of the General Assembly and county officers; and this law shall not be construed to require a primary for any of the last-named officials, except in their respective districts, circuits or counties, as provided by law; Provided, however, that primaries for nomination of members of Congress, judges of the superior courts, solicitors general and members of the General Assembly shall be held on the date named in section 34-3212 for primaries for United States Senator, Governor, Statehouse officers, Justices of the Supreme Court and Judges of the Court of Appeals. Section 28. The Code of Georgia is hereby amended as follows: 34-3218 stricken. 1. By striking therefrom in its entirety Section 34-3218 which reads as follows: 34-3218. Laws of force.All the laws in reference to the qualification of voters and their registration shall apply to said elections, and no person who is not a duly qualified and registered voter according to law and who is not also duly qualified in accordance with the rules and regulations of the party holding the same, shall be entitled to vote at any such primary election. Section 29. The Code of Georgia is hereby amended as follows: 34-3301 stricken.

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1. By striking therefrom in its entirety Section 34-3301 which reads as follows: 34-3301. Right to vote by mail; notice to registrars by voter.Any voter, when required by his regular business and habitual duties to be absent from the city or county, ward or district in which he is registered, may vote by registered mail: Provided, that he shall give notice in writing of such intention to the registrars of his county, not less than 30 days nor more than 60 days prior to the primary or general election in which he may desire to participate. 2. By inserting and adopting in lieu thereof a new Section 34-3301 to read as follows: New section. 34-3301. Right to vote by mail; notice to registrars by voter.Any voter, when required by his regular business and habitual duties to be absent from the city or county, ward or district in which he is registered, may vote by registered mail: Provided, that he shall give notice in writing of such intention to the registrars of his county, not less than 30 days nor more than 60 days prior to the general election in which he may desire to participate. Section 30. The Code of Georgia is hereby amended as follows: 34-3305 stricken. 1. By striking therefrom in its entirety Section 34-3305 which reads as follows: 34-3305. Registrar's duty on receiving application. Certificate and coupon.The registrar, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the county for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward same to the applicant by registered mail, general delivery (cost of same having been forwarded as hereinbefore provided), and also shall enclose in said letter: (a) An envelope containing the folded ballot, sealed and marked ballot within. (b) An envelope, for resealing the marked ballot, form of which is hereinafter provided, and called voucher.

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(c) A properly addressed envelope for the return of said ballot. (d) A printed slip, giving full instructions regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the ordinary or executive committee. 2. By inserting and adopting in lieu thereof a new Section 34-3305 to read as follows: 34-3305. Registrar's duty on receiving application. Certificate and coupon.The registrar, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the county for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose and make out the certificate and coupon attached, as hereinafter provided, and forward same to the applicant by registered mail, general delivery (cost of same having been forwarded as hereinbefore provided), and also shall enclose in said letter: New section. (a) An envelope containing the folded ballot, sealed and marked ballot within. (b) An envelope, for resealing the marked ballot form of which is hereinafter provided, and called voucher. (c) A properly addressed envelope for the return of said ballot. (d) A printed slip, giving full instructions regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the ordinary. Section 31. The Code of Georgia is hereby amended as follows: 34-3310 stricken. 1. By striking therefrom in its entirety Section 34-3310 which reads as follows: 34-3310. Ballots for primary elections; forms and stubs.In all primary elections, it shall be the duty of the county or city executive committee, or other party authority of the political party holding the primary

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election, to provide official ballots for all such elections, with the names of the candidates who have properly qualified, in accordance with the rules of such party, printed thereon. All ballots furnished by the ordinary to the registrars under the provisions of this Chapter shall be printed and prepared in pads with a series number different from that used in the election for voters who vote in person, and with the words Absent Voter's Ballot written thereon at the top of said pad or pads; and each ballot shall be arranged so as to show the same series letter, and each ballot numbered consecutively, and with a stub for each ballot containing the series letter and number of ballot, which can be detached from the ballot, conforming thereto, and the ballot shall show the same series letter and number as appears on the stub. 2. By inserting and adopting in lieu thereof a new Section 34-3310 to read as follows: New section. 34-3310. Forms and stubs.All ballots furnished by the ordinary to the registrars under the provisions of this Chapter shall be printed and prepared in pads with a series number different from that used in the election for voters who vote in person, and with the words Absent Voter's Ballot written thereon at the top of said pad or pads; and each ballot shall be arranged so as to show the same series letter, and each ballot numbered consecutively, and with a stub for each ballot containing the series letter and number of ballot, which can be detached from the ballot, conforming thereto, and the ballot shall show the same series letter and number as appears on the stub. Section 32. The Code of Georgia is hereby amended as follows: 34-3401 stricken. 1. By striking therefrom in its entirety Section 34-3401 which reads as follows: 34-3401. Participants in political mass meetings or conventions.No person shall participate or be allowed to participate in any manner in any political mass meeting, convention or any other kind of meeting held for the purpose of electing or nominating officers or delegates to any county, district, State or any other kind of political mass meeting or convention unless such person

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at the time is a duly registered and qualified voter of the county or district where such meeting is held. Section 33. The Code of Georgia is hereby amended as follows: 34-3402 stricken. 1. By striking therefrom in its entirety Section 34-3402 which reads as follows: 34-3402. Place of holding mass meetings or conventions; notice.All meetings, mass meetings, county and district conventions of any political party held in this State shall be held in the county court house of the county wherein held, and the day and hour of such meeting or convention shall be posted at the court house door 10 days prior to the date therein named for holding such meeting or convention. Section 34. The Code of Georgia is hereby amended as follows: 34-9907 stricken. 1. By striking therefrom in its entirety Section 34-9907 which reads as follows: 34-9907. (665 P.C.) Buying or selling votes, and voting illegally; competency of witnesses.If any person shall: 1. Buy or sell, or offer to buy or sell, a vote, or shall be in any way concerned in buying or selling, or contribute money or any other thing of value for the purpose of buying a vote at any election in this State, or in any county thereof; or 2. If any person shall vote at any such election who has not resided in this State one year next preceding such election; or 3. Who has not resided six months next preceding said election in the county in which he has voted; or 4. Who has not paid all poll taxes which he has had an opportunity of paying agreeably to law; or 5. Who has been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malpractice in office, bribery, or larceny, or any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless he shall have been pardoned, He shall be guilty of a misdemeanor.

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On the trial of any person for offending against this section, any other person who may have participated in any violation of the provisions of the same shall be a competent witness and be compelled to give evidence; and nothing then said by such witness shall, at any time, be received or given in evidence against him in any prosecution, except on an indictment for perjury in any matter to which he may have testified. All the provisions of this section shall be applicable, so far as the same may be, to all primary elections. The hiring of workers qualified to vote in said election or primary before or on the day of election, for the purpose of canvassing for or influencing votes in behalf of any candidate, or the being hired for said purpose, shall be a misdemeanor. 2. By inserting and adopting in lieu thereof a new Section 34-9907 to read as follows: New section. 34-9907. (665 P.C.) Buying or selling votes, and voting illegally; competency of witnesses.If any person shall: 1. Buy or sell, or offer to buy or sell, a vote, or shall be in any way concerned in buying or selling, or contribute money or any other thing of value for the purpose of buying a vote at any election in this State, or in any county thereof; or 2. If any person shall vote at any such election who has not resided in this State one year next preceding such election; or 3. Who has not resided six months next preceding said election in the county in which he has voted; or 4. Who has not paid all poll taxes which he has had an opportunity of paying agreeably to law; or 5. Who has been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malpractice in office, bribery, or larceny, or any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless he shall have been pardoned, He shall be guilty of a misdemeanor. On the trial of any person for offending against this section, any other person who may have participated in any

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violation of the provisions of the same shall be a competent witness and be compelled to give evidence; and nothing then said by such witness shall, at any time, be received or given in evidence against him in any prosecution, except on an indictment for perjury in any matter to which he may have testified. The hiring of workers qualified to vote in said election before or on the day of election, for the purpose of canvassing for or influencing votes in behalf of any candidate, or the being hired for said purpose, shall be a misdemeanor. Section 35. The Code of Georgia is hereby amended as follows: 34-9922 stricken. 1. By striking therefrom in its entirety Section 34-9922 which reads as follows: 34-9922. (667 P.C.) Manager of primary election violating duty.Any manager of a primary election, who shall be guilty of wilfully violating any of the duties and obligations devolving upon him as such manager, shall be punished as a misdemeanor. Section 36. The Code of Georgia is hereby amended as follows: 34-9923 stricken. 1. By striking therefrom in its entirety Section 34-9923 which reads as follows: 34-9923. (668 P.C.) Managers and clerks of superior courts violating primary election law.Any manager of a primary election or clerk of the superior court, who shall violate the provisions of sections 34-3204, to 34-3209 or 34-3211, relating to primary elections, shall be guilty of a misdemeanor. Section 37. The Code of Georgia is hereby amended as follows: 34-9932 stricken. 1. By striking therefrom in its entirety Section 34-9932 which reads as follows: 34-9932. Political mass meetings or conventions, violation of law relating to.Any person wilfully violating any provision of Chapter 34-34, relating to political mass meetings and conventions, shall, upon conviction, be punished as for a misdemeanor. Section 38. That an Act entitled An Act to amend

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Section 34-406 of the Code of Georgia of 1933 pertaining to registered voters lists and to prescribe the duties of the Clerks of the Superior Court, Board of County Registrars; and for other purposes approved March 18th, 1943, appearing on pages 353 and 354 of the Acts of 1943 be and the same is hereby amended by adding at the end thereof a new section to be known as Section 4 and to read as follows: Ga. L. 1943, pp. 353, 354 (34-406), amended. Section 4. Nothing contained in this Act shall apply to primary elections held by political parties. New section. Section 39. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act approved March 12, 1941 which is published on pages 324, 325, 326 and 327 of the 1941 Georgia Laws, which is an Act entitled Ga. L. 1941, pp. 324-327 (Ch. 34-19), amended. An Act to amend Chapter 34-19 of the Code of Georgia of 1933 relating to elections by providing a new system of voting cumulative of those now in existence and providing further for a secret ballot in all primary and general elections in the State of Georgia; the qualifications of candidates; and providing that the provisions of this Act shall be adopted upon the recommendation of one Grand Jury; to provide for the discontinuance of the provisions of this Act upon the recommendation of one Grand Jury; to provide for certain duties of the election manager when a ballot has been challenged, and further providing that the number strip shall not be removed from the challenged ballot; to repeal conflicting laws; and for other purposes, be and the same is hereby amended as follows: (1) By striking from the fourth line of the caption of said Act as it is published in Georgia Laws 1941 page 324 the words primary and. (2) By striking and eliminating Section 1 of said Act which is published Georgia Laws 1941 pages 324, 325 and 326 and by substituting therefor a new Section 1 to read as follows: Section 1. That Chapter 34-19 of the Georgia Code of 1933 be and the same is hereby amended by adding to said Chapter a new Section to be known as Section 34-1914, which new Section shall read as follows: New section 34-1914).

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34-1914. Ballots, qualification of candidatesIn all general elections the official ballots shall have printed thereon the names of all candidates who have properly qualified as provided by law, such names to be arranged upon said ballots in alphabetical order as to candidates for the same office, said ballots to be numbered consecutively and to be bound together in blocks or pads in such manner that each ballot may be detached and removed speedily. Each ballot shall have attached at the top thereof a number strip which may be easily detached, and each number strip shall have attached at the top thereof a stub which may be easily detached, with a blank space on said stub for the name of the voter, and printed thereon a letter of the alphabet or other designation and a number, and the same designation and number shall be printed upon the number strip; but a different designation or letter shall be printed upon the stubs and number strips attached to ballots used at the various polling places, so that the stubs and number strips attached to ballots at no two places in the same county shall bear the same designation. When a voter shall apply for a ballot his name shall be written upon one of the stubs and he shall be given the number strip and the ballot which shall be detached from the stub upon which said voter's name is written. After said voter has prepared his ballot he shall fold the same in such manner that the manager may compare the designation and number on the number strip attached to said ballot with the designation and number upon the stub containing the name of the voter, and if said designation and the number be the same, the voter shall while in the presence of a manager detach the number strip from the ballot without exposing or disclosing the face of the ballot itself and deposit said ballot in the ballot box and then hand over the number strip to the manager to be preserved by him as a part of the election records. On the ballot shall be printed such words as will enable the voter to express his choice, such as Vote for One, Vote for Two, and the like; and the voter or elector shall erase, mark out or cancel the name or names of the candidate or candidates for whom he does not wish to vote. If at any time there shall be submitted at a

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general election any matter or question to be voted upon, the ballots shall have printed thereon the necessary language to guide the voter in the expression of his desire as to any such matter or question. Section 39 A. Be it further enacted by the authority aforesaid that Section 2 of said Act approved March 12, 1941 which is published in Georgia Laws 1941 page 326 is amended by adding thereto the following sentence: Ga. L. 1941, p. 326, 2 (34-1915), amended. The provisions of Section 34-1915 of the Code of Georgia of 1933 relating to the duties of the election manager when a ballot has been challenged shall relate exclusively to general elections and elections other than primary elections. Section 39 B. Be it further enacted by the authority aforesaid that Section 3 of said Act approved March 12, 1941 which is published in Georgia Laws 1941 page 326 be, and the same is, hereby repealed. Ga. L. 1941, p. 326, 3, repealed. Section 39 C. Be it further enacted by the authority aforesaid that Section 4 of said Act approved March 12, 1941 which is published in Georgia Laws 1941 page 327 is amended in the following particulars: Ga. L. 1941, p. 327, 4, amended. (a) By striking and eliminating the words and primaries which occur in the 8th line of Section 4 of said Act, as said Section 4 is published on page 327 of the 1941 Georgia Laws; (b) By inserting immediately following the figures 1933 and before the word except which occur in line 12 on page 327 of the 1941 Georgia Laws the words as amended. Section 39 D. Except as herein specifically provided said Act approved March 12, 1941 and published on pages 324, 325, 326 and 327 of the 1941 Georgia Laws shall remain in full force and effect. Parts of Ga. L. 1941, pp. 324-327, left in force. Section 40. That an Act entitled An Act to provide for the identification of the voters in all primary elections and elections by ballot within this State, by requiring each voter applying to vote, before receiving a ballot and being allowed to vote, to sign his or her name in a book to be kept by the managers of each box in said primary elections or elections to be known as Voters Identification Book;

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to require the ordinaries of the several counties in this State to furnish a sufficient number of such books to the election managers in their respective counties sufficient to accommodate the signing by all the registered voters entitled to vote at such box; to provide for the filing and custody of said Voters Identification Book; to declare the signing of any other name in said book than the name of the applicant to vote, whether the name be that of a living or deceased person or a fictitious one, to be held and deemed to be forgery and fix the punishment therefor; and for other purposes. approved March 27th, 1941, and appearing on pages 429, 430 and 431 of the Acts of 1941, be and the same is hereby amended by adding thereto a new section to be known as Section 5A and to read as follows: Ga. L. 1941, pp. 429-431, amended. Section 5A. No provision of this Act shall apply in any manner to primary elections held by political parties. New section. Section 41.Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved March 27, 1941 (Georgia Laws 1941, page 413), abolishing the Board of Registrars in any county in this state having a population of 200,000 or more and providing that in such counties the County Tax Collector or Tax Commissioner shall perform all the duties of County Registrar, and providing a system of registration and revision of voters list in said counties, be and it is hereby amended as follows: Ga. L. 1941, p. 413, amended. (1) By striking from the caption of the aforesaid bill the words and of primary elections. (2) By striking from Section 14 of the aforesaid Act the words or primary elections. (3) By striking from Section 17 of the aforesaid Act the words primary election or. (4) By striking from Section 18 of the aforesaid Act the words primary election or. Section 41 A. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved March 20, 1943 (Georgia Laws 1943, page 518) amending the Act approved March 27, 1941 (Georgia Laws 1941, page 413) which Act abolishes the Board of Registrars in any county in this state having a

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population of 200,000 or more, be and it is hereby amended by striking from the caption of said Act the words and of primary elections. Ga. L. 1943, p. 518, Ga. L. 1941, p. 413, amended. Section 41 B. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved January 31, 1946 entitled, To be entitled 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, purchases, 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. Be and it is hereby amended in the following respects: Act of Jan. 31, 1946 (Ga. L. 1946, p. 174), amended. By striking from the caption thereof the words including primary. By striking from Section 1 thereof the word primary. By striking from Section 2 thereof the words primary and. By striking from Section 5 thereof the words at other than primary elections, and also by striking therefrom the

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words nominations or, and by striking therefrom the words it shall be capable of adjustment by election 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 and by striking from the said section the words at any elections. By striking from Section 11 from said Act the words or primary. By striking from Section 12 of said Act the following provision: In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the 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. By striking from Section 16 of the said Act the following provision of sub-section (a), and by Executive Committee in primaries. 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. By striking from Section 25 of said Act the word primary. Section 41 C. Except as herein specifically provided the three Acts referred to in the three preceding Sections shall remain in full force and effect. Parts of acts left in force. Section 41 D. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved February 18, 1941 (Ga. Laws 1941, page 439) entitled An Act to prohibit and to regulate within the territorial limits of any County in this State having a population of 200,000 or more according to the

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United States Census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; for restricting the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the county outside the limitation of municipality; to provide penalties for the violation of this Act, and for other purposes, be and it is hereby amended by striking from Section 2 thereof the words or primary, by striking from Section 3 thereof the words or primary and by striking from Section 4 thereof the words or primary so that said law shall continue in full force and effect except as to primary elections. Ga. L. 1941, p. 439, amended. Except as specifically provided in this section the law referred to in this section shall remain in full force and effect. Section 41 E. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved December 24, 1937 set out in Ga. Laws 1937-38 beginning on page 371, providing for and relating to the use of voting machines for casting, registering, recording and computing ballots at elections in all municipalities and cities having a population of 200,000 or more, be and it is hereby amended by striking from said Act the words primary, primaries, primary elections whenever the same appear in said Act and by striking from said Act all references to primary elections. Said Act shall continue in full force and effect except as to primaries and primary elections. Ga. L. 1937-38, p. 371, amended. Section 42. That an Act entitled An Act to provide for a recount of the ballots in all primary elections hereafter held in the State of Georgia for the nomination of candidates for members of the General Assembly, Governor, Statehouse officers, and all other State, county and national officers elected by the people; to authorize a demand for a recount of ballots cast in such primary elections; to prescribe the method of conducting such recount and for ascertainment of the result of such primary election; to provide the force and effect of such recount and for the enforcement of the result thereof; to prescribe penalties for the violation of this Act; and for other purposes. approved March 27, 1941, appearing on pages 432, 433, 434, 435, 436, 437, 438 and 439 of the Acts of 1941 be and the same is hereby repealed in its entirety. Ga. L. 1941, pp. 432-439, repealed.

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Section 43. That an Act entitled An Act to limit the amount of money that may be expended on behalf of any candidate for any public office in this State in the conduct of either a campaign for nomination, or election; to provide penalties; and for other purposes. approved March 17th, 1943, and appearing on pages 441 and 442 of the Acts of 1943 be and the same is hereby repealed. Ga. L. 1943, pp. 441, 442, repealed. Section 44. That an Act entitled An act to amend an act approved March 17, 1943, published in Georgia Laws (1943) pp. 441, 442, entitled An Act to limit the amount of money that may be expended on behalf of any candidate for any public office in this State in the conduct of either a campaign for nomination, or election; to provide penalties; and for other purposes. so as to change the wording of section two of said Act in order to more clearly designate the officers with whom reports of campaign expenses shall be filed, approved March 6th, 1945, and appearing on pages 187, 188 and 189 of the Acts of 1945 be and the same is hereby repealed in its entirety. Ga. L, 1945, pp. 187-189, amending Ga. L. 1943, pp. 441, 442, repealed. Section 45. That an Act entitled An Act to provide for the hours of holding all general, special and primary elections in the State of Georgia; to provide the time of opening and closing of the polls; to repeal conflicting laws; and for other purposes approved March 19, 1943, and appearing on pages 480 and 481 of the Acts of 1943, be and the same is hereby amended by striking from Section One thereof the words and primary so that said Section One of said Act as amended shall read as follows: Ga. L. 1943, pp. 480, 481, 1, amended. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act the hours for holding all general and special elections in the State of Georgia shall be from 7:00 o'clock A.M. to 6:00 o'clock P.M., according to the legal time prevailing in the State of Georgia, at all of the polling places where said elections are held. Provided that in counties of over 200,000 population, according to the 1940, or any future census the hours of holding said elections shall be from 7:00 o'clock A.M. to 7:00 o'clock P.M. at all polling places in said counties according to the legal time prevailing in the State of Georgia.

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Section 46. That an Act entitled An Act to amend Chapter 34-32 of the Code of Georgia of 1933, providing for primary elections in general, by adding a new section to said chapter, to be known as Section 34-3215A, providing that the Chairman and Secretary of the State Committee of any political party holding a primary election shall certify the names of the candidates and the offices for which they are candidates, to the Secretary of State of this State immediately after the consolidation of the votes in such primary election and for other purposes approved March 20th, 1943, and appearing on pages 347 and 348 of the Acts of 1943 be and the same is hereby repealed in its entirety. Ga. L. 1943, pp. 347, 348 (34-3215A), repealed. Section 47. That an Act entitled An Act to regulate political primary elections for the nomination of candidates for the State Senate; to provide that such primary elections shall be held in the various Senatorial Districts only in the county entitled to furnish the nominees under the rotation system; and for other purposes approved March 23rd, 1939, appearing on pages 311 and 312 of the Acts of 1939 be and the same is hereby repealed in its entirety. Ga. L. 1939, pp. 311, 312, repealed. Section 48. That an Act entitled An Act to provide for Georgia men and women in military service of the United States of America to participate in elections and primaries to define terms; to proclaim purposes; to provide for registration; to provide for the issuance of ballots to those who are already registered; to amend and revise laws relating to the time of holding elections, primaries, and conventions; to provide for the time of qualification of candidates; to provide for the furnishing, voting, return and counting of ballots in primaries and elections; to absolve and abolish poll taxes against the military; to create a War Ballot Commission; to define the duties and authorities thereof; to make provisions relating to registration and voting by the military; to provide for the costs thereof; to provide for the termination of this Act; to repeal conflicting laws; and for other purposes. approved January 7, 1944, and appearing on pages 2, 3, 4, 5, 6, 7, and 8 of the Acts of 1944 (Extra session) be and the same is hereby repealed in its entirety. Ga. L. 1944, Ex. Sess., pp. 2-8, repealed. Section 49. It is specified that Sections 34-9924, 34-9925, 34-9926, 34-9927, 34-9928, 34-9933 and 34-9934 of the Code

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of Georgia relating to frauds in primary elections are not repealed and, on the contrary, are hereby reaffirmed and retained. 34-992434-9928, 34-9933, 34-9934 (fraud sections) retained. Section 50. That all municipal ordinances, and all laws, whether general, special or local, including provisions and amendments to municipal charters in any way regulating or having anything to do with primary elections by political parties in this State are hereby declared to be null, void and of no effect, with the exception of the provisions relating to frauds in the Code Sections named in the Section immediately preceding this Section. Municipal ordinances and charters, and all laws, relating to primary elections, void, except as to frauds, and as to general and special elections. Whenever any law not specifically hereinbefore identified shall relate to primary elections and also to general and special elections said law is not repealed in its entirety but only the language, terms or provisions thereof making said laws applicable to primary elections shall be repealed and said laws shall continue in full force and effect as to all general and special elections. Section 51. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 20, 1947. WAYNESBORO TERRITORIAL EXTENSION. No. 11 (House Bill No. 37). An Act to amend the charter of the City of Waynesboro being an Act to amend and renew the various Acts incorporating the Town of Waynesboro, and which make the same a city, and all Acts amendatory thereof approved December 15, 1893 (Ga. Laws 1893 pages 348-353) as amended by an Act approved December 9, 1895, being an Act to extend the corporate limits of said city (Ga. Laws 1895 page 331) and as amended by an Act approved August 11, 1908, being an Act further extending the corporate limits of said city (Ga. Laws 1908 pages 967-968) and as amended by an Act approved August 15, 1910, being an Act dividing the territory embraced within the corporate limits of said city into Wards and for other purposes (Ga. Laws 1910 pages 1232-1234), and

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so as to further extend the corporate limits of said city, to take in additional territory adjacent to present boundary or corporate limits of said city, to designate the Wards in which said additional territory shall be, to define the laws for governing all territory within the extended limits, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act that Section 1 of the charter of the City of Waynesboro being an Act to amend and renew the various Acts incorporating the Town of Waynesboro, and which make the same a city, and all Acts amendatory thereof approved December 15, 1893 (Ga. Laws 1893 pages 348-353) as amended by an Act approved December 9, 1895 being an Act to extend the corporate limits of said city (Ga. Laws 1895 page 331) and as amended by an Act approved August 11, 1908 being an Act further extending the corporate limits of said city (Ga. Laws 1908 pages 967-968) as amended by an Act approved August 15, 1910, being an Act dividing the territory embraced within the corporate limits of said city into Wards and for other purposes (Ga. Laws 1910 pages 1232-1234), be, and is hereby further amended by extending the corporate limits of said city to take in additional territory adjacent to present boundary or corporate limits of said city to include all the area on the Southwest of said city lying between the present corporate limits of said city as defined by said Acts and the following described lines: Beginning at a point on present corporate limits of said city where Town Branch also known as Maple Branch crosses the Waynesboro-Louisville Public Road also known as State Highway No. 24, thence in general Southerly direction along the center of the run of Maple Branch to where it flows into McIntosh Creek, thence in general Easterly direction along the center of run of McIntosh Creek to the Eastern boundary or right-of-way line of State Highway No. 21 between Waynesboro and Millen, thence from center of run of McIntosh Creek in a Northerly direction along the Eastern boundary or right-of-way line of said State Highway No. 21 to a point on said right-of-way line at present corporate limits of said city on the South of said city One thousand yards from middle or center of Burke County Courthouse Square, which additional area

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lying between the present corporate limits of said city and said lines hereinbefore defined in this Section shall be in the First Ward of said city; and further extending the corporate limits of said city to take in additional territory adjacent to the present boundary or corporate limits of said city to include all the area on the Northeast of said city lying between the present corporate limits of said city as defined by said Acts and the following described lines: Beginning at a point on the boundary line or present corporate limits of said city One Thousand yards in an Easterly direction from middle or center of Burke County Courthouse Square One Hundred Feet South of center of Seventh Street known also as Waynesboro-McBean Public Road and extending in general Easterly direction parallel to the meanderings of Waynesboro-McBean Public Road and One Hundred Feet South of center line of said road to a point Eight Hundred and Ten Feet East of the center line of the Savannah Atlanta Railway, extending thence from said point North Thirty Six and One half degrees West a distance of Eighteen Hundred and Eighty Feet more or less to the Northeast corner of present properties of Knox Metal Products, Inc., thence North Eighty Six and One-half degrees West a distance of Five Thousand Two Hundred and Ten Feet to center line of Central of Georgia Railway at a point where Fourteenth Street (otherwise known as Peachtree Road), if extended, would strike said railway, thence South Forty Three and One-half degrees West a distance of Nine Hundred and Twenty Five Feet to the present corporate limits of said city at the Northwest corner of Rowland Park as shown in the Act approved August 11, 1908 (Ga. Laws 1908 pages 967-968), which latter described area appearing in this section shall be in the Second Ward of said city. Acts amended. New territory. Description. Section 2. Be it further enacted, that all territory and areas and the inhabitants and things within said extended limits shall be subject to all the laws and ordinances now of force and hereafter to be passed or enacted for the government of said city. Laws and ordinances applicable. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 17, 1947.

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VAN WERT CHARTER ABOLISHEDREFERENDUM. No. 12 (House Bill No. 15). An Act to repeal an Act approved December 27, 1838, Georgia Laws 1838, pages 75-76 incorporating the Town of Van Wert in Paulding County, now Polk County, Georgia, as amended by an Act approved October 18, 1870, Georgia Laws 1870, pages 220-221, and as amended by Act approved February 28, 1876, Georgia Laws 1876, pages 172-173, and as amended by an Act approved March 27, 1941, Georgia Laws 1941, page 1776, and to abolish the charter of said Town of Van Wert, and to provide for a referendum on this bill; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That the Act approved December 27, 1838, Georgia Laws 1838, pages 75-76, incorporating the Town of Van Wert in Paulding County, Georgia, now in Polk County, Georgia, as amended by an Act approved October 18, 1870, Georgia Laws 1870, pages 220-221, and as amended by an Act approved February 28, 1876, Georgia Laws 1876, pages 172-173, and as amended by an Act approved March 27, 1941, Georgia Laws 1941, page 1776, be and said Act as amended is hereby repealed in its entirety and the charter of the Town of Van Wert is hereby abolished and dissolved. Acts repealed. Section 2. Upon the passage and approval of this Act the officers of the Town of Van Wert are hereby directed to name a date for an election or referendum on this Act. Said election or referendum shall be held at such time as the officers of said town may direct, provided the same is held not more than sixty days from the date of approval of this Act. The officers of said town shall give notice of the referendum by publishing the notice in the newspaper wherein advertisements for said Town are published. Said officers shall likewise cause to be prepared ballots to be used in said election and said ballots shall have printed thereon the words For approval of Act abolishing the charter of the Town of Van Wert and Against the Act abolishing the charter of the Town of Van Wert. All persons qualified voters in said Town shall be qualified voters to participate in said referendum. Should a majority of the voters cast their

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vote in favor of abolishing the charter of the Town of Van Wert the officers of said town shall consolidate the vote and declare the results of the election and enter the order declaring the results upon the minutes of said Town, and this Act abolishing the charter of the Town of Van Wert shall become effective immediately and said charter shall be null and void. Should a majority of the citizens qualified to vote vote against the approval of this Act abolishing the charter of the Town of Van Wert this Act shall become void and of no force or effect. Referendum. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1947. REGISTRATION OF VOTERS IN CERTAIN COUNTIES. No. 13 (House Bill No. 67). An Act To abolish in counties of this State having a population of between 81,000 and 82,000 according to the United States census of 1940, or any future United States census, the Board of County Registrars as formerly created by the election laws of this State, and to provide that the County Tax Collector or the County Tax Commissioner as the case may be, shall be the county registrar in such counties; to transfer to such county tax collector or county tax commissioner in such counties all duties now or hereafter imposed by law upon the county registrar; to require such tax collector or county tax commissioner to take the oath as now prescribed by law for county registrars; to provide additional regulations for the registration of voters in such counties; to prescribe the form and use to be made of the voters' book in such counties; to provide for the removal of names from the voters' list in such counties; to prescribe additional duties to be performed by managers of elections and of primary elections in such counties in connection with the registration list; to provide a separability clause and a repealing clause; and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by authority of the same: Section 1. That this Act shall be applicable to all counties of this State having a population of between 81,000 and 82,000 according to the United States census of 1940, or any future United States census. Counties where applicable. Section 2. That beginning with the date of the approval of this Act, the Board of County Registrars formerly created by the election laws of this State is abolished in each of the counties of this State within the classification provided by Section 1 of this Act, and such other counties of this State as may hereafter be included therein. Board of County Registrars abolished. Section 3. That effective with the date of the passage of this Act, in each county of this State within the classification defined in Section 1 of this Act, the tax collector or in counties which do not have a tax collector, the tax commissioner shall be ex-officio county registrar of such county and required to perform in such county all the duties now or hereafter required by law to be performed by the County Registrars. Tax Collector or Tax Commissioner ex-officio county registrar. Section 4. Such county registrar, in addition to the oath required as tax collector or tax commissioner, as the case may be, shall take and subscribe before some officer authorized to administer an oath under the laws of this State, the oath now required to be administered to county registrars. Oath. Section 5. In each of the counties of this State within the classification defined in Section 1 of this Act, the registrar shall prepare and complete on or before January 1, 1948, a new registration list in duplicate of all voters who within said period of time re-registered in the manner provided by this Act. After the approval of this Act, the registrar in such counties shall provide a loose-leaf voters' book which shall contain two identical registration cards for each registrant except that such cards may be of a different color and texture, both of which shall be signed by the registrant and prepared in the form required by this Act. New registration lists. Voters' book, registration cards. Section 6. It shall be the duty of the registrar in such counties within a period of two months after the approval of this Act, to notify by mail at the address now appearing on his records, every person whose name appears on the last voters' list of each of such counties, calling such persons'

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attention to the provisions of Sections 34-404 and 34-3206 of the Code of Georgia of 1933 which provide that no elector shall vote in any militia district, ward, or precinct other than the one in which he resides, and advising such voter of the necessity of re-registering in order to vote in any election in such county to be held after January 1, 1948. Notification of voters. Section 7. Each registration card in the voters' book, both original and duplicate, shall contain and disclose the following provisions and information with respect to the registrant: Contents of registration cards. (a) Affidavit to be executed by the registrant as provided in Section 34-103 of the Code of Georgia of 1933. (b) Date of birth, race and occupation. (c) Mother's maiden name. (d) Spaces in which to record any change of address. (e) Spaces in which to write or stamp the date of each election at which the registrant shall vote. (f) Spaces in which to note the cancellation of the elector's registration, together with the cause and date thereof and the signature of the clerk cancelling such registration. (g) Spaces in which to record payment of poll tax. (h) Blanks for any other information which shall facilitate holding elections. (i) Spaces in which to record naturalization data. Section 8. Of the two cards signed by each registrant, one shall be filed in a binder or other portable receptacle, known as the precinct file, and shall be arranged first by precincts, then within each precinct alphabetically by the names of the roads or streets on which the registrant resides, and then within each street geographically in the numerical order of the street numbers located within such precinct on such street, commencing with the lowest and ending with the highest such number. Where street numbers do not exist or do not identify residences, then within each such road or street, such cards shall be arranged in alphabetical order. The other or duplicate card shall be filed alphabetically without regard to militia districts, wards,

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or precincts, said file to be hereinafter termed the master file, which master file shall always remain in the office of the registrar. Filing of registration cards. Section 9. The master file and the precinct file shall at all times remain in the custody of the registrar; provided, however, that the registrar on the day preceding each election shall lock the precinct files so that the cards therein can be examined, but no card removed or added, and shall thereupon deliver the locked precinct file at the registrar's office to the election officials of the respective wards and districts. Said file shall remain locked throughout the time the polls remain open and the registrar shall immediately repossess said files after the polls close. Use of files at elections. Section 10. If either the original or duplicate registration card, or both, of an elector shall be lost, destroyed or mutilated, the registrar may prepare a new card and require the execution of a new registration affidavit by such elector, and if any elector shall refuse or fail to execute such affidavit within thirty days after the mailing of a notice of such requirement to such elector at the last addressed furnished by the registrant to the registrar, then the registration of such elector shall be cancelled. If either the original or duplicate registration cards, or both, for any militia district, ward, or precinct shall be lost or destroyed, the registrar shall in the same manner require a re-registration of all the electors in such militia district, ward, or precinct. New registration cards, affidavits. Section 11. During the month of January of each year, beginning with the year 1948, the registrar shall secure from the local registrar of vital statistics a list of all persons over eighteen years of age who have died, and shall compare this list with the registration list and shall cancel the registration of all deceased electors and remove their cards from the files containing the names of qualified voters. Cancellation of cards of deceased electors. Section 12. Upon the receipt of a written statement from an elector authorizing the cancellation of his registration, the registrar shall cancel such registration and remove the cards of the elector from the files containing the names of qualified voters. Cancellation of registration cards on authority of electors. Section 13. Upon receipt of reliable information in writing that a registered elector has moved away from the county, the registrar shall notify such elector through the

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mail at his last registered address; stating the source of information, and if the elector does not apply for a continuation of registration within thirty days after the mailing of such notice, his registration shall be cancelled and his cards removed from the files containing the names of the qualified voters. Nothing herein shall affect the provisions of Section 34-805 of the Code of Georgia of 1933 relating to the challenge of voters. Cancellation of registration cards because of change of residence. Section 14. Within thirty days after the first day of January in each year beginning January 1, 1951, the registrar shall revise and correct the registration records as follows: Annual revision and correction of registration records. He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, state, county or municipal, within the two years next preceding said first day of January, provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows: You are hereby notified that your registration as a qualified voter will be cancelled according to State law for having failed to vote within the past two years, unless on or before April 1st of the current year you continue your registration by signing the statement below and returning it to this office, or by applying in person. Notice to electors. APPLICATION FOR CONTINUATION OF REGISTRATION I hereby certify that I reside at the Address given below and apply for continuation of my registration as a voter. My mother's maiden name was..... Signature of elector..... Present residence address..... Immediately after March 1st of each current year the registrar shall cancel the registration of all electors thus notified who have not applied for continuance, and the cards of all cancelled registrants shall be wholly removed from the list of electors, but not destroyed. Any Elector whose registration

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has been cancelled may re-register in the manner provided by Section 7 of this Act. Upon registration a new set of cards shall be prepared and executed in the manner provided for original registrations. Cancellations of registration. Section 15. When a registration in cancelled the registrar shall cause to be made a proper entry thereof upon both the original and duplicate registration cards, including the date and cause for cancellation and shall affix his signature thereto. The original and duplicate cancelled cards shall be permanently filed in an inactive file in the office of the registrar for a period of seven years. Filing of cancelled registration cards. Section 16. The registrar shall make, certify and deliver to any person requesting same, a true copy of the names and addresses of the registered electors of any militia district, ward or precinct upon the payment to such registrar of the cost thereof. Furnishing lists of electors. Section 17. From and after the effective date of this Act, at every general, primary, or special election, every registered elector offering to vote shall before being given a ballot, identify himself by executing an application for a ballot in the presence of an election official. The application blank shall be substantially as follows: Identification of electors at polls. Application for ballot. APPLICATION FOR BALLOT I hereby indicate that to the best of my knowledge and belief I am qualified and eligible to vote in this election. Street name..... Street number..... Application number..... Signature..... The election officials in charge of the precinct registration file shall compare the signature upon such application with the signature upon the registration card. If the election officials, or a majority of them, upon comparing such signatures, shall be satisfied that such applicant is the identical person registered, they shall permit him to vote. If they are not satisfied with the application, then the vote of such applicant shall be challenged and the same procedure shall be followed as provided in the election law for the challenging of electors. If said applicant has signed the registration

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card by making a mark, then such person shall identify himself by giving the date of his birth and his mother's maiden name, which shall be compared with the information on the registration card, or he shall identify himself by such other means as may be referred to upon the registration card. Section 18. At every general, primary or special election, as each voter casts his vote, election officials shall enter indelibly on the registration card of such voter in the space provided for that purpose the fact that the elector voted and the month, day and year of such election, which entry may be with pen and ink or stamp or other device provided for that purpose. Record of voting. Section 19. The application for ballots of those who vote shall be preserved as a record of the persons who have voted. They shall be filed face-down on a spindle file in the order in which the corresponding ballots are issued. After the polls close they shall be tied in bundles of fifty each and shall be deposited in the ballot box with the ballots before the same is sealed. Applications for ballots to be preserved. Section 20. The registrar shall have available at the tax receiver's window, and the tax commissioner's window, and at all polling places, for the use of registered voters, a convenient change-of-address slip. Change-of-address slips shall be furnished to each elector when making the original registration. Change-of-address slips. Section 21. This Act shall take effect on the first day of January, 1948. Date effective. Section 22. Each provision, phrase, clause or part of this Act is separately enacted, and should any provision, phrase, clause or part of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the Legislature that the remaining valid portions of this Act shall remain in full force and effect. If part invalid. Section 23. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1947.

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COLUMBUS MUNICIPAL COURTMARSHAL'S SALARY, AUTOMOBILE. No. 14 (House Bill No. 60). An Act To Amend an Act, entitled An Act to Amend an Act, entitled An Act to abolish the justice courts, and office of the justice of the peace, and office of Notary Public, and ex officio, justice of the peace and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction, etc. approved August 12, 1915, and contained in Georgia Law, 1915, p. 63-79, as amended. To authorize the affixing of the salary of other officers of said Court by the commissioners of roads and revenue of said county, in conjunction with the grand jury, and for furnishing necessary automobile, or automobiles, for properly conducting the business of said court, and for other purposes, so as to further amend said Act to authorize the fixing of the salary of the Marshal of Municipal Court, and allowance for maintaining an automobile for properly conducting the business of said Court, by the General Assembly of the State of Georgia, and for fixing the salary of the Marshal of the Municipal Court at $3600.00, per annum, and setting the allowance for maintaining an automobile by the Marshal for conducting the business of said Court at $480.00, per annum, to be paid by the Commissioners of Roads and Revenues of Muscogee County, in twelve equal monthly installments (payments) out of the Treasury of said Muscogee County, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same the Act entitled An Act to abolish the Justice Court and Justice of the Peace, and office of Notary Public, and ex officio, Justice of Peace, and to establish and create in lieu thereof in Municipal Court in the City of Columbus, and County of Muscogee, and define its jurisdiction and powers, etc., approved August 12, 1915, as amended. Be and the same is hereby amended as follows: Act of 1915 amended. Section II. That Section 10-A be amended by striking therefrom in the tenth line the word Marshals. Sec. 10.

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Section III. That Section 36 be amended by striking therefrom in the fifth line the word Marshal. Sec. 36. Section IV. Be it further enacted by the authority aforesaid that there be added to said Act, immediately following Section 10-A, and preceding Section 11 thereof, a new Section to be numbered Section 10-B, and reading as follows: New section. Section 10-B. Be it further enacted by the authority aforesaid, that the salary and compensation of the Marshal of Municipal Court, and allowances for maintainance of Marshal's automobile for conducting the business of the Court, shall be fixed by the General Assembly, and be paid by the Commissioners of Roads and Revenues of Muscogee County, in twelve equal monthly installments (payments) out of the Treasury of said Muscogee County. Marshal's salary, automobile. Section V. Be it further enacted by the authority aforesaid that a new Section be added to said Act numbered Section (37), and reading as follows: New section. Section XXXVII. Be it further enacted by the authority aforesaid that the salary of the Marshal of said Court shall be $3600.00, per annum, and the allowances for the maintenance of the Marshal's automobile to properly conduct the business of said Court shall be $480.00 per annum, and be paid by the Commissioners of Roads and Revenues of Muscogee County, in twelve equal monthly installments (payments) out of the Treasury of said Muscogee County. Salary, maintenance of automobile. Section VI. This Act shall be effective from the 1st day of the month next following the approval of same. Date effective. Section VII. Be it further enacted by the authority aforesaid that all laws, and parts of laws, in conflict herewith be, and the same are hereby repealed. Approved February 17, 1947. ZONING AND PLANNING COMMISSION AND BOARD OF ZONING APPEALS IN CERTAIN COUNTIES. No. 15 (House Bill No. 69). An Act providing, for counties having a population between 81,000 and 82,000 under the 1940 United States census or any subsequent census, a county planning and

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zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties; repealing or superseding conflicting acts and parts of acts; 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. EFFECT OF THIS ACT. The provisions of this act shall apply to all counties in the State of Georgia having, by the United States Census of 1940 or any subsequent census, a population of not less than 81,000 inhabitants or more than 82,000 inhabitants. Where applicable. Section 2. DEFINITIONS. As used in this Act. (1) Roads includes streets, avenues, boulevards, roads, highways, lanes, alleys, viaducts, and other ways; Definitions. (2) Subdivision means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development for purposes other than agricultural. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided; (3) County governing body means the county commissioner or commissioners in charge of the affairs of each county to which this Act applies, or the ordinary in counties not having such commissioners; (4) Commission means the planning and zoning commission established by this Act; (5) Most populous means having the largest population according to the latest United States census. Section 3. PLANNING AND ZONING COMMISSION, COMPOSITION. Pursuant to Article III, Section VII, Paragraph XXIII of the Constitution of Georgia, there shall be a planning and zoning commission for each said county, consisting of five members to be appointed by the county governing body, three of whom shall be persons resident within the most populous city therein; the chairman of the county governing body or an employee of the county to be designated by him; the chief executive officer of the most populous city, or an employee of said city to be designated by

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him. The terms of office of the appointive members shall be four years, except that of those first appointed three, including two who are resident within the corporate limits of the most populous city, shall be appointed for a term of two years, and two, including one who is resident within the corporate limits of said city, shall be appointed for a term of four years from the first Monday in July 1947. The appointive members shall hold no other office or employment in either the county or any municipality therein, and shall receive no compensation for their services. Any vacancy during the unexpired term of an appointive member shall be filled by the county governing body for the remainder of the term, provided that the vacancy shall be filled with a person having the same residence qualifications as the member previously holding the office. Creation of Planning and Zoning Commission. Membership. Section 4. ORGANIZATION AND RULES. The commission shall elect its chairman from among the appointive members, and also elect a secretary who may or may not be a member of the commission. The term of chairman shall be one year, with eligibility for reelection. The commission shall hold at least one regular meeting in each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. Organization and rules. Section 5. STAFF AND FINANCES. The commission may appoint such employees as it may deem necessary for its work. The commission may also contract with planning experts, engineers, architects, and other consultants for such services as it may require. The expenditures of the commission, exclusive of expenditures financed by gifts or contributions, shall be within the amounts appropriated for the purpose by the county governing body which shall provide the funds, equipment and accommodations necessary for the commission's work. Staff and finances. Section 6. GENERAL POWERS AND DUTIES. It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the entire county. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of the entire county including, among other things, the general location, character and extent of railroads, highways, streets, viaducts, bus,

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street car and other transportation routes, bridges, water-ways, lakes, canals, water fronts, boulevards, parkways, playgrounds, squares, parks, aviation fields, off-street parking facilities, and other public ways, grounds, and open spaces; the general location of public buildings, schools and other public property; the general character, extent and layout of public housing and the replanning of blighted and slum areas; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, communication, power, transportation, and other purposes; and the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds or open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises in the entire county. General powers and duties. Section 7. PURPOSES IN VIEW. In the preparation of such a plan the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the county and with due regard to its relation to neighboring territory and to the relation of unincorporated territory in the county to the incorporated territory therein. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the entire county, and its environs, which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful, orderly, and economic distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements. Purposes. Section 8. PROCEDURE OF COMMISSION. The commission may adopt a plan as a whole by a single resolution or may by successive resolutions adopt successive parts of a plan, said parts corresponding with major geographical sections or divisions of the county or with functional subdivisions

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of the subject matter of the plan, and may adopt any amendment or extension thereof or addition thereto. Before the adoption of a plan, or any such part, amendment, extension or addition, the commission shall hold at least one public hearing thereon, notice of the purpose, time and place of which shall be given by one publication in a daily newspaper published in the county, at least ten days before the date set for the hearing, and during said time a copy of such plan, part, amendment, extension or addition shall be on file for public examination in the office of the commission. The adoption of a plan or of any such part or amendment or extension or addition shall be by resolution of the commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or the secretary of the commission. Certified copies of the plan or part thereof shall be filed with the clerk of the county governing body, with the clerk of the Superior Court of the county, and with the clerk of the governing body of each incorporated municipality in the county. Procedure. Public hearings. Adoption of plans. Section 9. LEGAL STATUS OF OFFICIAL PLAN. Whenever the commission shall have adopted a master plan for the county or for one or more major geographical sections or divisions thereof, and shall have filed certified copies thereof as provided in section 8 of this Act, no street, square, park or other public way, ground or open space, or public building, or structure, or public utility, whether publicly or privately owned, shall be constructed or authorized in the county or in such planned section or division until the location, character and extent thereof shall have been submitted to and approved by the commission. Provided, that in case of disapproval the commission shall communicate its reasons to the governing body proposing the action in question, and such body shall have the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. The failure of the commission to act within sixty days from the date of official submission to the commission shall be deemed approval. Legal status of official plan. Section 10. CAPITAL BUDGET. The commission shall prepare and revise annually a program of public improvements

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for the ensuing five years, to be financed by the county or by the respective municipalities therein, with estimates of cost of the projects to be undertaken in the ensuing fiscal year and in the full five-year period, and shall submit the same annually to the county governing body and the governing bodies of the respective municipalities. Capital budget. Section 11. MISCELLANEOUS POWERS AND DUTIES OF COMMISSION. The Commission shall have the power to promote public interest in and understanding of a plan and to that end may publish and distribute copies of a plan or of any report and may employ such other means of publicity and education as it may determine. Members of the commission, when duly authorized by the commission, may attend planning conferences or meetings or planning institutes or hearings upon pending planning legislation, and the commission may, by resolution spread in its minutes, provide for paying the reasonable traveling expenses incident to such attendance. It shall be part of the duties of the commission to consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and with citizens with relation to the protecting or carrying out of the plan. The commission shall have the right to accept and use gifts or contributions for the exercise of its functions. All public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work. The commission, its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon. In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote planning and carry out the purposes of this act. Miscellaneous powers and duties of Commission. Section 12. SCOPE OF CONTROL OF SUBDIVISIONS. Whenever the commission shall have adopted a major street or road plan of the county or part thereof and shall have filed a certified copy of such plan with the clerk of the governing body and the clerk of the Superior Court of the county, then no plat of a subdivision of land within such county or part shall be received by the clerk of the Superior Court for filing or recording until it shall have been approved

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by the planning commission and such approval entered in writing on the plat by the chairman or secretary of the commission. Scope of control of subdivisions. Section 13. SUBDIVISION REGULATIONS. Before exercising the powers referred to in Section 12, the planning commission shall adopt regulations governing the subdivision of land within its jurisdiction for purposes other than agricultural. Such regulations may provide for the proper arrangement and width of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, vehicular parking, utilities, access of firefighting apparatus, recreation, light and air, and for the avoidance of congestion of population, including minimum width and area of lots. Subdivision regulations. Such regulations may include provisions as to the extent to which roads, streets and other ways shall be graded and improved and to which water and sewer and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of the plat. These regulations may provide for a tentative approval of the plat previous to such installations, but any such tentative approval shall be revocable and shall not be entered on the plat. In lieu of the completion of such improvements and utilities prior to the final approval of the plat, the commission may accept a bond with surety, to secure to the county governing body, or if the plat be within an incorporated municipality to such municipality, the actual construction and installation of such improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission. The county governing body or the incorporated municipality, as the case may be, is hereby granted the power to enforce such bond by all appropriate legal remedies. Surety bonds. All such regulations shall be made available in printed form, and before adoption a public hearing shall be held thereon. Notice of the purpose, time and place of the hearing shall be given by one publication in a daily newspaper published in the county at least 10 days prior to the date set. Certified copies of such regulations shall be filed by the commission with the clerk of the county governing body, the clerk of the Superior Court of the county, and the clerk of

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the governing body of each incorporated municipality therein. Regulations governing the subdivision of land may be amended from time to time, subject to the requirements governing original adoption with respect to notice, hearing and filing with local authorities. Public hearings. Section 14. PROCEDURE; LEGAL EFFECT OF APPROVAL OF PLAT. The commission shall approve or disapprove a plat within sixty days after the submission thereof to it; otherwise such plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission's approval may, however, waive this requirement and consent to an extension of such period. The ground of disapproval of any plat shall be set forth in the minutes of the commission. Each plat submitted to the commission shall contain the name and address of a person to whom notice of a hearing shall be sent, and no plat shall be acted on by the commission without affording a hearing thereon. Notice shall be sent to the said address by registered mail of the time and place of such hearing not less than five days before the date fixed therefor. Similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear on the records of the clerk of the Superior Court. Every plat approved by the commission shall, by virtue of such approval, be deemed to be an amendment of or an addition to or a detail of the official plan and a part thereof. Approval of the plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. Legal effect of approval of plat. Section 15. PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS. Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or offers or agrees to sell any land by reference to or exhibition of or by other use of a plat of a subdivision, before such plat has been approved by the planning commission and recorded or filed, shall forfeit and pay a penalty of one hundred dollars for each lot or separate parcel so transferred or sold or agreed or negotiated to be sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the

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remedies herein provided. The planning commission may enjoin such transfer or sale or agreement by proceedings for injunction brought in the Superior Court of the County or may recover the said penalty by a civil action in said court for the benefit of the county or the municipality in which the lot in question lies. Penalties for transferring lots in unapproved subdivisions. Injunction or other action. Section 16. ZONING; CHANGES TO BE SUBMITTED TO THE COMMISSION. Whenever the commission shall have adopted and filed a master plan for the county or any major geographical section or division thereof, as provided in section 8 of this Act, no change shall thenceforth be made by the county governing body or by the governing body of any municipality in the county in any zoning ordinance, so as to affect any part of the area covered by such plan until the proposed change has been submitted to and approved by the commission; provided, that in case of disapproval the commission shall communicate its reasons to the governing body proposing such change, and such body shall then have power to adopt such change only by a recorded vote of not less than two thirds of its entire membership. Failure of the commission to act within sixty days of the submission of the proposed change shall be deemed to constitute approval. Zoning; proposed changes to be submitted to Commission. Section 17. COMPREHENSIVE ZONING PLAN. It shall be the duty of the commission to complete as soon as practicable a comprehensive zoning plan for the entire county and after public hearing, as provided in section 8 of this Act, adopt the same and submit it to the county governing body together with the draft of a county-wide zoning ordinance which may regulate the height, number of stories and size of buildings and other structures, the percentage of the area of the lot that may be built upon, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, and in so doing may divide the county into zones of such number, shape and area as may be best suited to carry out the purposes of such ordinance; provided that zones may be established exclusively for agriculture and forestry and uses incidental thereto and that in such zones there shall be no regulations other than the limitation to such uses. Comprehensive zoning plan.

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Section 18. EFFECT OF ADOPTION OF COMPREHENSIVE ZONING ORDINANCE. The county governing body may adopt such comprehensive zoning ordinance with or without amendments, and it shall thereupon supersede all zoning ordinances theretofore adopted by the county governing body and by the governing body of any municipality in the county. Thereafter no building permit shall be issued by the building inspector of the county or any municipality therein except in accordance with said ordinance. The ordinance may from time to time be amended but only as provided in section 16 of this Act. Pending the adoption of such ordinance the zoning ordinances theretofore enacted by the county governing body and by the governing bodies of the municipalities in the county shall remain in full force and effect and may be amended by the respective bodies, subject to the provisions of section 16. Effect of adoption of comprehensive zoning ordinance. Section 19. BOARD OF ZONING APPEALS. Upon the adoption of the comprehensive zoning ordinance as provided in section 18 the county governing body shall establish a board of zoning appeals, which shall consist of five members three of whom shall be residents of the most populous city in the county, and shall fix their terms of office and provide for the organization of the board and for secretarial and other assistance. All meetings of the board shall be open to the public and it shall keep minutes of its proceedings showing each order, decision, requirement, or other official action of the board, and the vote of each member on each question. The minutes and files of the board shall be public records and shall be open to inspection at all reasonable times. Board of Zoning Appeals; creation, membership, procedure. Section 20. APPEALS TO THE ZONING BOARD OF APPEALS. Any person or persons severally or jointly aggrieved by any order, requirement or decision of an administrative official in the enforcement of the ordinance adopted pursuant to section 18 of this Act may appeal to the board of zoning appeals by filing a notice of appeal specifying the grounds thereof within fifteen days of the making of the order, requirement or decision complained of, with the secretary of the board and with the official making such order, requirement or decision. The board may in its discretion extend the time for filing the notice of appeal. The filing of the notice of appeal shall stay all proceedings in the action appealed from unless the officer from whose order, requirement

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or decision the appeal shall have been taken shall certify to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Superior Court on notice to such official and on due cause shown. The board shall fix a reasonable time for the hearing of any appeal and shall give notice to the parties and decide the same within a reasonable time. At such hearing any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the order, requirement or decision appealed from, and shall make such order, requirement or decision as in its opinion ought to be made in the premises, and shall have the powers of the officer from whose order, requirement or decision the appeal was taken, provided the affirmative vote of four members shall be necessary to reverse or modify the order, requirement or decision appealed from. If there shall be unreasonable hardship in carrying out the strict letter of the ordinance upon which the order, requirement or decision appealed from was based, the board shall have authority in passing upon such appeal to vary or modify the application, either permanently or for a specified length of time, or any of the provisions of such ordinance relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of such ordinance shall be observed, public safety and welfare secured, and substantial justice done. Appeals to Board of Zoning Appeals. Section 21. APPEALS FROM THE ZONING BOARD OF APPEALS. Any person or persons severally or jointly aggrieved by any decision of the board of zoning appeals or any official charged with the enforcement of any order, requirement or decision of said board, may take an appeal to the Superior Court. Appeal from decision of Board. Section 22. ABOLITION OF EXISTING PLANNING AND ZONING AGENCIES. Upon the first day of July 1947 all planning commissions established in the county or in any municipality therein shall be abolished and their records, maps and plans shall be turned over at once to the commission, provided that any board, commission or other authority exercising jurisdiction in zoning appeals shall continue to exercise such jurisdiction until the adoption of a

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comprehensive zoning ordinance as provided in Section 18. Abolition of existing planning and zoning agencies. Section 23. SEPARABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this 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. If part invalid. Section 24. ACT CONTROLLING. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Act controlling. Approved February 17, 1947. APPLING COUNTY BOARD OF COMMISSIONERS. No. 16 (Senate Bill No. 52). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Appling County, enacted at 1945 session of General Assembly, approved by the Governor on February 12, 1945, (Georgia Laws 1945 pages 650-656) so as to provide: that the commissioners named in said Act shall serve for the term that they were elected under the provisions of an Act to create a Board of Commissioners of Roads and Revenues of Appling County, enacted at 1943 session of General Assembly, approved by the Governor February 16, 1943, (Georgia Laws 1943), pages 813-824; for calling a special election to fill the offices of those commissioners who were elected for a term of two years; for striking that portion of Section 5 of the Appling County Commissioners of Roads and Revenues Act of 1945 which relates to the Chairman, his salary and duties, and providing that a Chairman shall be elected by the Board of Commissioners of Roads and Revenues, having equal duties, authority and compensation with other members of the Board; for striking section 6 of said Commissioners Act of 1945 and providing for the election of a Clerk by said Board, the powers, duties and compensation of such clerk; that commencing with the Commissioners to be elected for a term beginning with the year 1949, the Commissioners

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from each Commissioner District shall be elected by the majority vote of the voters of such district; for an annual audit of office of County Commissioners by an auditor appointed by the Grand Jury; for further defining the duties of the Board with respect to keeping of books, making of purchases, payment of bills, and issuing of warrants, and that the Grand Jury may declare vacancies in office in case of Commissioners not performing the duties of such office; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, Section I. That from and after the passage of this Act, the Act enacted at 1945 session of General Assembly, approved February 12, 1945, (Georgia Laws 1945 pages 650-656) known as An Act to Create a Board of Commissioners of Roads and Revenues for Appling County hereinafter referred to as said Act, (the Board of Commissioners of Roads and Revenues of Appling County being hereinafter sometimes referred to as the Board) be and the same is hereby amended as follows: Ga. L. 1945, pp. 650-656, amended. Section II. Section 1 of said Act is amended by striking therefrom that portion beginning whose term and ending qualified so that said section when amended shall read as follows: Sec. 1 amended. Section 1. That a Board of Commissioners of Roads and Revenues for the County of Appling, in said State, to consist of five members, is hereby created. Board. Section III. Section 2 of said Act is hereby amended by striking therefrom that portion commencing and they shall be residents and ending hereinafter created and adding: Sec. 2 amended. Each commissioner shall have been a resident of the Commissioner District, hereinafter designated, by which he is elected, as herein provided, at least one year prior to his qualification as a candidate for said office, so said section when amended shall read as follows: Qualifications of Commissioners. Section 2. Be it further enacted, that no one shall be eligible to fill the office of Commissioner under this Act except a qualified voter, who is a freeholder and has resided in said County for four year prior to his induction into said office. Each Commissioner shall have been a resident

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of the Commissioner District, hereinafter designated, by which he is elected, as herein provided, at least one year prior to his qualifications as a candidate for said office. Section IV. Said Act is hereby amended by adding a new section to be known as Section 2 (a) and to read as follows: New sec. 2(a). Section 2 (a)The present Commissioners shall serve only for the term for which they were elected under the provisions of an Act to Create a Board of Commissioners of Roads and Revenues for Appling County, enacted at the 1943 session of the General Assembly, approved by the Governor February 16, 1943 (Georgia Laws 1943 pages 813-824) said Act having been in force and effect when said Commissioners were elected. Term of office. Section V. Said Act is hereby amended by adding a new section to be known as Section 2 (b), and to read as follows: New sec. 2(b). Section 2 (b)Immediately and within ten days after the passage and approval of this Act the Ordinary of Appling County shall call a special election to elect Commissioners to fill the office of those Commissioners elected for a term of two years under the provisions of the said Appling County Commissioners Act of 1943, (Georgia Laws 1943 pages 813-824). In said election two Commissioners shall be elected to fill the office of those Commissioners elected for said term of two years, one of whom shall be a resident of the Commissioner District comprising the 1563rd and 1239th Districts, G.M., and the other of whom shall be a resident of the Commissioner District comprising the 456th and 1726th Districts, G.M. Said special election shall be held in accordance with the laws, rules and regulations with respect to special elections as contained in Title 34, Code of Georgia 1933, as same appeared in said Code and was in effect on January 1, 1947, provided: that candidates for said office shall qualify with the Ordinary of Appling County at least 15 days prior to the date set for said special election by paying a qualification fee of $25.00 to use used in defraying the expenses of said election, balance, if any, to be paid into the general funds of Appling County; that said election

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shall be held on a date within 35 days of the calling of same, and notice of same shall be given by posting a notice of the purpose and date of said election before the Court House door of Appling County, and publishing a like notice once a week for four weeks immediately preceding the date of said election in the Baxley News Banner; that all registered voters of Appling County qualified to vote in the last general election shall be qualified to vote in said election; that election managers shall make their returns on the next day following the election to the ordinary of Appling County, who shall consolidate the returns and declare as elected those two candidates receiving the highest number of votes cast in said election and meeting the qualifications of residence in the respective Commissioner Districts from whence Commissioners are to be elected as provided herein. Said Commissioners shall immediately, upon taking the oath of office and giving the bond now provided for Commissioners, fill the office of those Commissioners presently serving who were elected for two years as above stated and shall continue to serve until the election and qualification of Commissioners for a term commencing the year 1949. Special election. Section VI. Section 3 of said Act is hereby amended by striking said section in its entirety and substituting in lieu thereof a section to be known as Section 3 and reading: Sec. 3 amended. Section 3. Be it further enacted that at the same time the election is held in the County of Appling for election of County officers beginning with election for County officers for terms commencing January 1, 1949, there shall be elected five Commissioners as provided for in this Act. Each Commissioner District, as herein designated, shall elect one of said Commissioners. The Commissioner elected by each such Commissioner District shall reside, as above stated, in said district and be the candidate residing in said district receiving the highest number of votes cast in said election for the office of Commissioner by the voters of such Commissioner District. It being the intention that each Commissioner shall be elected by the votes of his respective Commissioner District and not by the County wide vote. Provided, however, that the duties and powers of each and every Commissioner so

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elected shall be that of a Commissioner acting for Appling County and shall be coextensive with the limits of the County. New section. Election by commissioner districts. Section VII. Section 5 of said Act is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to be known as Section 5 and reading: Sec. 5 amended. Section 5. Be it further enacted that before entering upon their duties as Commissioners, each commissioner shall take and subscribe to an oath for the faithful performance of their duties as commissioners, which said oath shall be taken before the Ordinary of said County or Judge of Superior Court of said County, and in addition thereto each of said commissioners shall give a bond with a good security thereon, approved by Ordinary of said County, in sum of $2,000.00 payable to Ordinary of said County and his successors in office, conditioned upon the faithful discharge of his duties as Commissioner. New section. Oath and bond. Section VIII. Said Act is hereby amended by adding a new section to be known as Section 5 (a), and reading: New sec. 5(a). Section 5 (a). At the first regular meeting of the Board following the passage and approval of this Act the members of said Board shall select from among their number a chairman who in order to be elected shall receive a majority, and not less than three, of the votes cast. If after five ballots being taken no one person has received as many as three votes in any one ballot, the Ordinary of Appling County shall be called in and shall vote in the balloting for a Chairman and his vote shall be counted in determining who shall serve until his successor in said office of Chairman is elected as Chairman. The Chairman shall serve until his successor in the office of Chairman is elected; he shall preside at meetings of the Board and shall be paid the same, and no more, compensation than other members of the Board, and shall have the same authority and duties as other members of said Board unless herein otherwise specifically provided. Every Chairman thereafter elected shall be elected in the same manner as above provided and shall have the authority and duties and receive the same compensation as other members of the Board. Chairman. Election. Duties.

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The Chairmanship of the Board may be declared vacant in the following manner. Upon motion being made at any regular meeting of the Board to declare the Chairmanship vacant, the motion shall be placed on the minutes of the meeting and no other action taken thereon until at the next regular meeting of the Board. At the next regular meeting it shall be the duty of the Clerk of the Board to read said motion from the minutes, as the first order of business, and put same to vote. If the motion receives the favorable vote of three of the Commissioners the Chairmanship shall be vacant and a new Chairman immediately elected as above provided. In addition, at the regular meeting in January of each year, without prior motion, the Chairmanship shall become vacant and a Chairman of the Board shall be elected. Vacancy in office. Each of said Commissioners, including the Chairman, shall be paid as compensation for services such sum as may be fixed by the Board not to exceed the sum of $600 per year to be paid in such manner as the Board shall declare. It shall be unlawful for any Commissioner to be paid or receive any additional sum from Appling County for any services of any nature whatsoever. Compensation of Commissioners. Section IX. Section 6 of said Act is hereby amended by being stricken in its entirety and a new section substituted in lieu thereof to be known as Section 6 and reading: Sec. 6 amended. Section 6. At the first meeting following the passage and approval of this Act the Commissioners shall elect a Clerk of said Board who shall hold his office subject to the pleasure of the Board, provided, however, that the Clerk of the Board so elected shall not be requested to resign except on a motion to request the resignation of the Clerk being made at a regular meeting and receiving the favorable vote of at least three of the Commissioners. The Clerk presently serving may be reelected. To be eligible to hold this position of Clerk, the person elected shall not be less than twenty-five years of age; shall have had experience in keeping books and records, and some practical business experience. Before entering upon the duties of Clerk he shall take an oath before the Ordinary of the County, or the Clerk of Superior

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Court in the absence of the Ordinary, for the faithful performance of the duties of his office, and shall give a surety bond in the sum of not less than $10,000.00, the premium charged for same to be paid from County funds. The Clerk shall devote his entire time to the duties of said position, and shall not hold, either directly or indirectly, any other salaried office or position, or be engaged in any other business that requires any part of his time during office hours; he shall keep office hours in the offices of the Board in the Court House of Appling County such as are kept by Clerk of Superior Court and the Ordinary of said County and during office hours shall be available to the public for matters pertaining to the County and its affairs, except such time as he is required to be out of the office in connection with County business; he shall keep the books and records required to be kept by the Board and shall have and perform such other duties as are usually incident to said office and as may from time to time be required of him by the Board. He shall upon request of any citizen of the county make immediately available for inspection the minutes, and all books and records of the Board. Said Clerk shall be paid such salary as may from time to time be determined by the Board not to exceed the sum of $2400 per year. New section. Clerk of Board. Qualifications. Oath and bond. Duties. Salary. Section X. Section 7 of said Act is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to be known as Section 7 and reading: Sec. 7 amended. Section 7. Be it further enacted that regular meetings of the Board shall be held at the Courthouse of Appling County on the 1st Tuesdays in each month. Special meetings may be held at the call of the Chairman, who shall call same upon his own initiative when County matters require, or when requested to do so in writing by any three members of said Board. Provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meeting and assenting thereto, or in event any one or more commissioners assent, their waiver of such notice in writing. Notations of assent and waivers to be spread upon minutes of such meeting. New section. Meetings.

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Section XI. Section 8 of said Act is hereby amended by striking therefrom the last eight words of said section to-wit: and shall be elected by County-wide vote, so that said section when amended shall read: Sec. 8 amended. Section 8. Districts. Be it further enacted, that the County of Appling is hereby divided into five Commissioner Districts, designated as follows: The 583rd, and 1723rd G. M. Militia Districts shall comprise one District: The 1563rd and 1239th Districts, G.M., shall comprise one District; The 456th and 1726th Districts, G.M. shall comprise one District; The 443rd, 1394th and 1754th Districts, G.M. shall comprise one District, and the 457th District G.M. shall comprise one District; and each of said districts shall be entitled to one member on said Board of Commissioners of Roads and Revenues, but the powers and duties of each and every Commissioner shall be coextensive with the entire limits of said County of Appling. Commissioner districts. Section XII. Said Act is further amended by adding a section to be known as Section 10(a), and reading: New sec. 10(a). Section 10(a). Be it further enacted that said Board shall keep a proper and accurate book of minutes wherein shall appear all orders and proceedings had and passed with reference to County matters. The Board shall keep a complete and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn on the county treasurer or the depository, for what purpose, and upon what fund showing date and amount of each and to whom payable. The Board shall also keep a book in which shall be recorded an itemized statement of all articles or things of whatever kind purchased for the use of the county, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department of the county purchased and used. The Board shall also keep a cash book in which shall be daily entered any cash item received, from whom received, and for what purpose received. The Board shall keep an inventory book of all county property, including road machinery, livestock, road working tools and every other kind and class and description of property belonging to the county, together with a fair valuation of the same, where located, in whose custody,

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and in what condition, which inventory shall be carefully revised each year. Said books and records shall be kept so as to show at all times the financial condition of the county and shall be open to inspection of any and all citizens of Appling County who may be desirous of seeing same. Book of minutes; other books; records of expenditures; inventories of county property. Section XIII. Said Act is further amended by adding a new section to be known as Section 10(b), and reading: New sec. 10(b). Section 10(b). Be it further enacted that the said Board is hereby constituted the purchasing agent for Appling County, provided that before purchasing any material, equipment, or supplies, exceeding the estimated value or cost of $200, it is hereby required to first publish an advertisement for bids by posting an advertisement before the courthouse door of Appling County for ten days and running said advertisement in the newspaper that is the official organ of said county at least one issue. The advertisement for bids in such case shall contain specifications of the articles, merchandise, supplies or equipment sought to be purchased and shall be submitted in sealed envelopes to the Board to be opened by the Board in regular or special called meeting. The Board shall have privilege of rejecting all bids but if purchase is made shall purchase from the lowest and best bidder. Purchase of any material, equipment, or supplies exceeding in cost or value of said amount shall not otherwise be made, unless at a regular or called meeting, as herein provided, all members of board present after being informed of facts vote to waive advertisement and bid for purchases of such material, equipment or supplies in a particular instance, and the Ordinary of the County after being informed of nature of material, supplies, or equipment and price of same approves the purchase without advertisement or bids, such approval to be made in writing and spread upon minutes of meeting of board. Purchases for County. No bill for services or material shall be paid from the funds of Appling County without the approval of the Board in regular meeting and each Commissioner present at such meeting shall signify his approval for payment by initialing such bill. All County funds shall be deposited in the County depository and no payments or disbursements

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shall be made therefrom except upon County warrant or checks signed by the Chairman and one other Commissioner. Deposit of funds. Payments. Section XIV. Said Act is further amended by adding a section to be known as Section 10 (c) and reading: New sec. 10(c). Section 10 (c). No check or warrant shall be drawn or issued in the name of Appling County or Board of Commissioners of Roads and Revenues for Appling County unless there are funds deposited in the County depository to the credit of Appling County sufficient to pay said warrant or check and all others at that time outstanding, and anyone knowingly drawing or issuing such check or warrant when there are not funds so on deposit sufficient to pay same shall be guilty of a misdemeanor. Commissioners and the Clerk shall be presumed to have knowledge of amount so on deposit to credit of Appling County and total amount of warrants and/or checks outstanding. Checks and warrants on County funds. Penalty. Section XV. Said Act is further amended by adding a section to be known as Section 10(d), and reading: New sec. 10 (d). Section 10 (d). Be it further enacted that it shall be unlawful for said Board or any member of same or Clerk of same to have any financial interest in the sale or purchase of any material or of any article furnished the county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract by or for said county and if any commissioner or the Clerk shall violate any provision of this section he shall be guilty of a misdemeanor and punished as prescribed in section 1065 of Penal Code of 1910. Financial interest in County contracts unlawful. Section XIV. Said Act is further amended by adding a section to be known as Section 10(e) and reading: New sec. 10(e). Section 10(e). Be it further enacted that it shall be the duty of the grand jury at any regular or adjourned term to inquire into the official acts of said Board, and if any such grand jury shall find by a two-thirds vote that any of the provisions of this Act as amended have been violated by any member of said Board, or if any member of said Board or the Board as a whole has been wasteful

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or inefficient, or has wrongfully, or fraudulently conducted the affairs of their office or in any manner otherwise disqualified for any reason under the provisions of this Act at the date of his election or has subsequently become so, said grand jury shall declare said office vacant, and said vacancy shall be filled as provided for in this Act in case of vacancies. However, before vacancy shall be declared under the provisions of this Act, the grand jury shall grant a hearing of said commissioner or commissioners, as the case may be, and shall consider any showing that may be made by him or them, and the finding of the grand jury under any investigation shall be final and conclusive against such commissioner or commissioners. Amenable to grand jury. Declaring office vacant. Hearings before grand jury. Sec. XVII. Said Act is further amended by adding a section to be known as Section 10(f) and reading: New sec. 10(f). Section 10(f). Be it further enacted that the grand jury sitting at the first regular term in each year shall appoint an auditor, to audit the books, records, warrants, and accounts of said Board of Commissioners and Clerk thereof. Said auditors shall have power to examine, under oath, said commissioners and clerk thereof, relative to any account, item or warrant or transaction in connection with business transacted by said board. Said auditor shall complete such audit and make a report of his findings to the judge of superior court of said county, and a copy of audit shall be filed in office Clerk Superior Court, Appling County. A notice of completion of the audit and filing as provided shall be published in official newspaper said County in the two issues following the filing. Said audit shall be a public record. Auditor. Powers and duties. Section XVIII. Be it further enacted that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that shall not affect or destroy the validity or constitutionality of any part, section, provision or clause of this Act which is not in and of itself unconstitutional and invalid, and the remaining portions of this Act shall be enforced. If part invalid. Section XIX. Be it further enacted that this Act shall become effective and operative immediately upon its passage and approval. Effective date.

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Section XX. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 21, 1947. COUNTY MANAGER IN CERTAIN COUNTIESCOUNTY COMMISSIONERS. No. 17 (Senate Bill No. 12). An Act To amend an Act entitled An Act to provide a uniform County Commissioners' law for such counties as may require a commission form of county government composed of a Board of County Commissioners of Roads and Revenue with a County Manager as the chief executive officer thereof, to be known as the County Manager Form of County Government, and designed to promote efficiency and economy, and to make the county government of such counties the more nearly conform to the American principles of government by, as far as possible, separating the executive powers from the legislative and judicial powers of government, said law to be of uniform operation in and equally applicable to all the counties requiring such form of county government; to fix the number of commissioners necessary to compose such board, their terms of office and the manner of their election and of filling vacancies, and to provide for their compensation; to provide for a County Manager, and the measure of his appointment and discharge; to define his powers and duties and to provide for his compensation; to provide the manner of putting this Act in force in any county and the manner of suspending the operation thereof in any county, and for other purposes, approved August 21, 1922, (Ga. Laws 1922, Page 82, et seq.) so as to provide that 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 be exempt from the provisions of the said Act; to provide that in counties having a population of 200,000 or more by the last United States Census or any future United States Census, the office of County Manager be created by virtue of the provisions

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of this Act; to define the term, powers, rights, duties and liabilities of the County Manager; to provide how the County Manager is to be selected and how removed; to provide qualifications for the County Manager; to provide for the compensation of such County Manager; to provide a bond for the County Manager; to provide that the Board of County Commissioners of Roads and Revenue of such counties may delegate certain duties to the County Manager in addition to those duties prescribed in this Act; to provide methods of filling vacancies; to forbid interference with the County Manager's administration of county affairs; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act entitled: An Act to provide a uniform County Commissioners' law for such counties as may require a commission form of county government composed of a Board of County Commissioners of Roads and Revenue with a County Manager as the chief executive officer thereof, to be known as the County Manager Form of County Government, and designed to promote efficiency and economy, and to make the county government of such counties the more nearly conform to the American principles of government by, as far as possible, separating the executive powers from the legislative and judicial powers of government, said law to be of uniform operation in and equally applicable to all the counties requiring such form of county government; to fix the number of commissioners necessary to compose such board, their terms of office and the manner of their election and of filling vacancies, and to provide for their compensation; to provide for a County Manager, and the measure of his appointment and discharge; to define his powers and duties and to provide for his compensation; to provide the manner of putting this Act in force in any county and the manner of suspending the operation thereof in any county, and for other purposes, approved August 21, 1922, (Ga. Laws 1922, p. 82) be and is hereby amended by adding thereto the following sections, to-wit, to be numbered Sections 28, et seq.: Ga. L. 1922, p. 82 et seq., amended. Section 28. Provided, however, in all counties of the state of Georgia having a population of 200,000 or more by the last United States Census or any future United

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States Census, the provisions of the original Act which is hereby amended shall not apply but such counties shall be governed by the succeeding provisions of this amendment. New sections. Original act not to apply to certain counties. Section 29. In all of such counties there is hereby created the Office of County Manager. Not later than six months following approval of this Act the County Manager shall be elected by a majority vote of the Board of County Commissioners of Roads and Revenue of such counties, hereinafter referred to as the County Commission, for an indefinite term. In the event of a vacancy in said office from any cause, the County Commission shall elect a successor by a majority vote. Office of County Manager created. Election. Section 30. The County Manager may be suspended or removed at the pleasure of the County Commission by a majority vote of the County Commission. In case of suspension or removal the County Manager shall be given a written statement of the reasons for such action. He may within five (5) days from receipt thereof request a public hearing thereon before the County Commission, which request shall be filed with the Clerk of the County Commission. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days, nor later than fifteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the County Manager may be suspended from office and all of the duties thereof performed by some other person designated by the County Commission to perform such duties. The action of the County Commission in suspending or removing the County Manager shall be final. Suspension or removal. Section 31. No person shall be County Manager of any such county before he shall have attained his thirtieth (30) birthday, but shall not be eligible to hold the office after he reaches the age of sixty-five (65) years. He shall be of good character, be of proven executive ability and experience. No person related by blood or marriage within the third degree, to any member of the County Commission, or who is a member of the County Commission, or holder of a public elective office in the County or in any city or town political subdivision located within the territorial limits of the County at the

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time of his appointment or one year prior thereto, shall be eligible for appointment as County Manager. Qualifications. Section 32. The County Manager shall be paid an annual salary of not less than Twelve Thousand ($12,000.00) Dollars per annum, nor more than Twenty Thousand ($20,000.00) Dollars per annum, said salary to be fixed annually in January of each year by the County Commission. Salary. Section 33. Before entering upon his duties, the County Manager shall give bond in the Amount of Twenty-five Thousand ($25,000.00) Dollars, payable to the county, upon which bond action may be brought in the name of the county at the instance of the County Commission, for any act of misfeasance, nonfeasance or malfeasance; the premium on such bond shall be paid out of the County Treasury and the bond shall be kept by the Ordinary of such County. Bond. Section 34. Before entering upon his duties, the County Manager shall take and subscribe an oath, for the faithful performance of his duties under this Act, which oath shall be duly entered on the minutes of the County Commission. Oath. Section 35. The County Manager shall be the Chief Executive Officer of the County. It shall be his duty to execute all lawful orders, directions, instructions, and all rules and regulations adopted by the County Commission consistent with this Act and entered upon the minutes of said County Commission. He shall have supervision over all employees of the county now or hereafter subject to the jurisdiction of the County Commission. The County Manager shall be the appointing authority for the heads of all departments where the power of appointment is now or hereafter vested in the County Commission, except the County Attorneys, Auditors and Clerk of the County Commission. Subject to Civil Service rules and regulations, where applicable, the County Manager shall be the appointing authority for all employees whose appointment is now or hereafter vested in the County Commission, and shall have the right to employ and discharge the same; and subject to Civil Service rules and regulations to prepare and to recommend salary scales for all county employees; to prescribe the

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duties and supervise the work of county employees; to require reports from heads of departments, and other employees trusted with administrative duties or exercising discretion. The County Manager shall have at all times the authority to examine all books and papers of every officer and department of the county. Powers and duties. Section 36. Subject to rules established by the County Commission, the County Manager shall authorize all purchases for the county, subject only to the laws requiring advertisement and bids. He shall approve all requests for supplies and materials before same shall be delivered from any county warehouse or storage, shall supervise the disbursement of all county funds, and shall render such reports as may be required by the County Commission. The County Manager may delegate purely administrative duties to subordinates in the County government, whose work the County Manager shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the County Manager from his responsibilities for administration of County affairs. Authority as to County expenditures. Section 37. The County Manager shall not engage in or be concerned with any partisan politics or any political campaign. He shall not contribute to any campaign fund or solicit funds for political purposes from any other person. He shall not appoint any relative as an employee of such county, unless such relative shall qualify and become eligible for appointment under the Civil Service and be recommended by the Civil Service Board. He shall not be eligible for election as a member of the County Commission for a period of four (4) years after termination of his service as County Manager. Restrictions on conduct. Section 38. The County Manager shall devote his entire time to the duties of his office and shall maintain his office at the Court House or county office building. Entire time to duties. Section 39. As Chief Executive Officer of such county, it shall be the duty of the County Manager to conduct, supervise and administer all county affairs, subject only to the general law, to rules prescribed by the County Commission, and subject to the right of the County Commission to review, repeal or modify any action of the County

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Manager which is contrary to the general law or such rules, by a vote of a majority of the County Commission at any subsequent, regular or called meeting, when such vote thus reviewing, repealing or modifying the action of the County Manager shall be entered in writing on the minutes of the County Commission. Subject to control of County Commission. Section 40. The County Manager shall receive all requests for public work, road building, repairs to bridges and roads and public buildings, the construction of water and sewer mains, the opening, grading and improving of public roads and sidewalks. It shall be his duty to investigate and recommend to the County Commission a program for all of such work, provided nothing herein shall be construed to prevent the County Manager from performing immediately any work in an emergency that is necessary to protect the interests of the county or the citizens thereof. It shall be the duty of the County Manager to receive and consider requests for appropriations of county funds, all of which he shall investigate and report to the County Commission, with his recommendation thereon. Public works, roads, etc. Section 41. All requests and reports of County Officers and departments shall be made to the County Manager for his recommendation to the County Commission; the use and disposition of county property shall be under the supervision and direction of the County Manager, subject to approval by the County Commission; all claims against the county shall be presented to the County Manager, who shall investigate same and report same to the County Commission together with his recommendation thereon. Requests and reports, claims against County, etc., to Manager. Section 42. The County Manager, with the cooperation of the County Auditor, shall prepare and recommend to the County Commission a budget for each calendar year; when the budget has been prepared and adopted as provided by law, it shall be the duty of the County Manager to execute said budget. No department or officer of County Government shall exceed the budget without the approval of the County Commission. County budget. Section 43. It shall be the duty of the County Manager to investigate the tax digests and to recommend

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to the County Commission the levy of a sufficient tax upon all property of such county, which tax, together with all other sources of revenue which may lawfully be anticipated, shall be sufficient to balance the budget, after same has been adopted. Duties as to taxes. Section 44. All orders, directions and instructions from the County Commission to the County Manager shall be duly entered on the minutes of the County Commission. No member of the County Commission shall privately issue orders to the County Manager or interfere with the County Manager in the administration of his duties. Commission and Manager; procedure. Section 45. Should any part of this Act be declared unconstitutional for any reason, it is the intention of the legislature that the remaining portions shall nevertheless be valid and of full force and effect, unless the constitutional objection should operate to destroy the purpose of the Act which is hereby declared to be to provide a responsible director or manager for county affairs. If part unconstitutional. Section II. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 22, 1947. CHATSWORTH CHARTER AMENDMENTREFERENDUM. No. 18 (Senate Bill No. 30). An Act To Amend an Act approved August 18, 1923, Georgia Laws 1923, pp. 529, 543, entitled An Act to provide and establish a new charter for the City of Chatsworth, in the County of Murray, etc., by striking from said Act Section 4 in its entirety and by writing a new section in lieu of said stricken Section so as to provide that the term of the Mayor of Chatsworth shall be two years and to stagger the terms of the aldermen and to fix their terms of office for two years and to provide for the election of the Mayor and aldermen; to provide for a referendum on this Act; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section I. That the Act approved August 18, 1923, Georgia Laws 1923 pp. 529, 534, entitled an Act to provide and establish a new charter for the City of Chatsworth, in the County of Murray; etc., be and said Act is hereby amended by striking therefrom Section 4 in its entirety and by rewriting and substituting in lieu thereof a new Section, which new Section subsituted in lieu of said Section 4 shall read as follows: Act of 1923 amended. Section 4. That on the first Saturday in January, 1948, an election shall be held for Mayor and four aldermen. The Mayor thus elected shall serve for a term of two years, and his successor shall be elected on the first Saturday in January, 1950, and every two years thereafter. On the first Saturday in January, 1948, two aldermen shall be elected for a term of two years and their successors shall be elected in 1950 and every two years thereafter. Two aldermen shall be elected on the first Saturday in January 1948, for a term of one year and their successors shall be elected on the first Saturday in January, 1949, and every two years thereafter. In the election to be held on the first Saturday in January, 1948, the two candidates receiving the highest number of votes shall be the two members of aldermen to serve the term of two years, and the two candidates receiving the next highest number of votes shall be the two aldermen who shall serve for a term of one year. New sec. 4. Term of office, City officials. Election. Section II. This Act shall be submitted to the voters of the City of Chatsworth for ratification or rejection. The Mayor and aldermen of the City of Chatsworth are hereby directed to issue his order fixing the day for a referendum on this Act. The date of the referendum shall be fixed and thirty days notice thereof given by publishing the notice in the official paper wherein official advertisements for said City are run. It shall be the duty of the Mayor and aldermen to cause to be prepared ballots to be used in said election and said ballots shall have printed thereon the words For changing term of Mayor and aldermen and Against changing the term of Mayor and aldermen. On the day following the date of the referendum election, the mayor and aldermen shall consolidate the votes and declare

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the result of the election and shall enter the order declaring the result of the election upon the minutes of said city. Should the majority of the voters of said city vote to change the term of Mayor and aldermen and for approval of this Act, upon the declaration of the results of the election, this Act shall become of full force and effect. Should a majority of the voters of said city vote against changing the term of mayor and aldermen then this Act shall be null and void and of no force. All qualified voters who are qualified to vote for mayor and aldermen shall be qualified voters and eligible to vote in said referendum. Referendum. Section III. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 25, 1947. VIDALI CHARTER AMENDMENT. No. 19 (Senate Bill No. 50). An Act To amend an Act entitled An Act creating a new charter for the city of Vidalia, approved August 8, 1922, and the Acts amendatory thereof, by adding to Section 10 of the Act approved August 8, 1922, Georgia Laws 1922, page 1010, the following provision: That no person holding an official office in the city of Vidalia, Georgia, shall be qualified to offer as a candidate for an elective office in the city of Vidalia, Georgia, in any election held in and for said city of Vidalia, unless such person resigns the office he then holds or is offering for re-election to the office he then holds; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That an Act entitled An Act creating a new charter for the city of Vidalia, approved August 8, 1922, and the Acts amendatory thereof, be, and the same is hereby amended by inserting in Section 10 thereof the following provision: Act of 1922 amended. That no person holding an official office in the city of Vidalia, Georgia, shall be qualified to offer as a candidate

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for an elective office in the city of Vidalia, Georgia, in any election held in and for said city of Vidalia, unless such person resigns the office he then holds or is offering for re-election to the office he then holds, Sec. 10. so that said Section 10 as amended shall read as follows: Section 10. The election officers of the city of Vidalia shall consist of a mayor and five councilmen who at the time of their election are qualified voters of said city. Mayor and Councilmen. The Mayor and Councilmen now in office shall serve until their successors are elected and qualified. On the second Wednesday in December, 1923, a Mayor and five Councilmen shall be elected, the Mayor for a term of two years, two councilmen for a term of two years, three councilmen for a term of four years. At said election the candidates for Council shall designate for what term of office they desire to be elected, and it shall be so printed on the ballot. Biennially thereafter there shall be an election for Mayor and Councilmen; at each election the Mayor to be elected for a term of two years. At the next election after the election herein provided to be held on the second Wednesday in December, 1923, two Councilmen shall be elected for four years; then at the next election thereafter, three Councilmen shall be elected for a term of four years; thus alternating so that at one election two Councilmen shall be elected for four years and at the next election three Councilmen shall be elected for four years and so on. The term of office of Mayor and Councilmen shall begin on the first Monday night in January, after each election. Election and terms of office. Vacancies in the office of Mayor and Councilmen shall be filled by the Mayor and Council for the remainder of the unexpired term as provided by ordinance. Vacancies in office. That at any election of any of the officers of said City of Vidalia, no person shall be permitted within fifty feet of any polling place, except voters approaching the polls for the purpose of voting, the election managers and clerks, county or municipal officers called in by the managers to preserve order, and persons passing along the highways on their business. Order at elections. That it shall be unlawful for any person or persons to electioneer, or in any way to influence or try to influence

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any voter, or to speak to him on any subject of voting within fifty feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such; provided, they do not electioneer or try to influence any voter in any particular way. That it shall be unlawful for any person or persons to lead or carry a voter to the polls or accompany or follow him, either to influence his vote, or see how he votes, or to see that he votes in any particular way. Electioneering unlawful. That any person or persons who shall in any manner violate either or any of the three preceding provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Penalty. That no person holding an official office in the city of Vidalia, Georgia, shall be qualified to offer as a candidate for an elective office in the city of Vidalia, Georgia, in any election held in and for said city of Vidalia, unless such person resigns the office he then holds or is offering for re-election to the office he then holds. Qualification. Section II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 25, 1947. CHATSWORTH CHARTER AMENDMENTREFERENDUM. No. 20 (Senate Bill No. 31). An Act To amend an Act approved August 18, 1923, Georgia Laws 1923, pages 529-543 entitled An Act to provide and Establish a new charter for the City of Chatsworth in the County of Murray, etc., so as to create a Water Works Commission for said City; to provide for the appointment of a Commission, and to fix the terms of the members; to define the rights, powers and duties of said Commission; to provide for a referendum; 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: Section I. That there shall be a Water Works Commission for the City of Chatsworth in the County of Murray, consisting of three members, one of whom shall be Chairman, and whose terms of office shall be staggered. The members of the Commission shall be appointed by the Mayor, with the advice of the Aldermen, and the first members appointed shall be one for a term of two years, one for a term of four years, one for a term of six years, and thereafter their successors shall be appointed for a full term of six years. Said Commissioners shall receive such remuneration as may be fixed by the Mayor and Aldermen of said City. Said Commission shall have general supervision and control over the water and sewerage system, the light system of said City, and gas system of said City, and shall make such rules and regulations in reference to the operation of said systems, or either one thereof, as they may deem best, and make such contracts, and employ or discharge such persons in the operation of said system or systems as they may deem best. Water Works Commission created. Terms of office, remuneration. Section II. Said Commission shall have plenary power and authority to erect, or to contract for the erection, enlargement, or improvement, of a system of water works and sewerage, a light system, or a gas system, in and for said City, with the amount of funds made available to them by the Mayor and Aldermen of the City, or funds arising from the operation of the water system, or out of funds arising from the sale of revenue producing certificates or bonds issued by the City. They shall also have the management in like manner, and control of the operation of a water works, sewerage, electric light plant, and gas plant or system that may be owned, or hereafter owned, by said City. They are hereby empowered to enter into contracts necessary for the establishment, maintenance and operation of any of said systems. The Commission shall have power and authority to maintain, repair, and extend the system of water works, sewerage, electric light and gas plants, from time to time, as funds become available for such improvements. They shall have power to erect and maintain public hydrants, fire plugs, poles, wires, water and gas mains, and electric lights within the city limits and elsewhere, as the Mayor and Aldermen may direct, for the purpose of supplying the

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City with lights, water for fire purposes as may be necessary, and for other purposes for which they deem proper. The Commission shall regulate and provide for the private use of water, lights and gas, when the City owns any such plants, fix the time, price and place of payment for such services, and in default of payment for such services, they may shut them off and keep the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, they may recommend to the Clerk of the Commission the issuance of execution for the amount due for any services furnished, and the Clerk of the Commission is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions. General powers and duties. Section III. The Commission is hereby charged with the duty of collecting for all services rendered by any of such plants, and are hereby required to keep the money so collected in a bank named by the Mayor and Aldermen as a depository for such funds. The Commission shall have full control and authority over the expenditure of said funds, provided that 20% of the collections made from the water works system shall, by January 30th of each year be turned over to the Mayor and Aldermen to be used to retire revenue certificates now outstanding. The Commission, at the time of paying over to the Mayor and Aldermen the 20% of income, if they deem advisable, or have contracted to do same, may turn over to the Mayor and Aldermen a larger percentage. The 80% income received from the operation of any of the systems herein mentioned may be used by said Commission for maintenance, for establishing new plants or systems, for enlarging the present systems, and for improving the same in such manner as the Commission deems advisable. Collection, control, and expenditure of funds. Section IV. Should said Commission deem it advisable to create additional debts for the erection, enlargement, or improvement of any of the systems under their control by virtue of this Act, the Commission is hereby directed and authorized to determine the amount of needed funds, the anticipated revenue from the operation of the facilities, and to recommend to the Mayor and Aldermen the creation of a debt to be evidenced by revenue certificates to be retired from revenues produced, or to recommend the creation of

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a bonded indebtedness for such purposes, or as may be raised by other methods. Should the amount of money needed be such that the revenue produced by the facilities would retire same as anticipated by the Constitution and the Revenue Certificate Law of 1937, the Mayor and Aldermen shall proceed to issue revenue producing certificates as provided for by the Act of 1937. Should the Mayor and Aldermen deem it advisable to secure the money on a bond issue, the Mayor and Aldermen should then proceed with an election for a bond issue as provided for by the Constitution and statutes. Commission may recommend increasing indebtedness. Section V. Said Commission shall elect a Clerk for their body, either from said Commission or from a citizen of the city, and said Clerk shall maintain and keep open an office for receiving payments for services rendered by any of such facilities. The Clerk shall give bond in such sum as the Commission may prescribe, for the faithful discharge of his or her duties, for the prompt payment of all monies collected into the depository, and for a true accounting of the expenditures of any of such funds. The bond shall be made payable to the Commission. The Clerk so elected may also be Clerk of Board of Aldermen. The Commission shall make such rules and regulations for the government of their servants and employees and for the distribution and use of the products of any of such plants as they may deem proper, but they shall not make any contract which cannot be performed within the calendar year. Said Commission shall make semi-annual reports to the Mayor and Aldermen showing all receipts and disbursements by them, and showing such other matters as the Mayor and Aldermen may require. Said Commission shall be amenable to the Mayor and Aldermen and subject to removal from office by them for neglect of duty or malfeasance in office. Clerk. Procedure of Commission. Section VI. Said Commission may pass such ordinances and bylaws for the protection of any of such systems as they may deem proper, and when such ordinances and bylaws are approved by the Mayor and Aldermen of said City, they shall have the force and effect of ordinances of said City and any person violating any one of said ordinances shall be tried as provided for in the City Charter. The present ordinances of said City are retained and in force until changed by said bodies. Ordinances and bylaws.

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Section VII. This Act shall be submitted to the voters of the City of Chatsworth for ratification or rejection. The Mayor and Aldermen of the City of Chatsworth are hereby directed to issue his orders fixing the day for a referendum on this Act. The date of the referendum shall be fixed and thirty days notice thereof given by publishing the notice in the official paper wherein official advertisements for said City are run. It shall be the duty of the Mayor and Aldermen to cause to be prepared ballots to be used in said election and said ballots shall have printed thereon the words For establishing a Water Works Commission, and Against establishing a Water Works Commission. On the day following the date of the referendum election, the Mayor and Aldermen shall consolidate the votes and declare the result of the election and shall enter the order declaring the result of the election upon the minutes of said city. Should the majority of the voters of said city vote to establish a Water Works Commission and for approval of this Act, upon the declaration of the results of the election, this Act shall become of full force and effect. Should a majority of the voters of said city vote against establishing a Water Works Commission, then this Act shall be null and void and of no force. All qualified voters who are qualified to vote for Mayor and Aldermen shall be qualified voters and eligible to vote in said referendum. Referendum. Section VIII. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 25, 1947. VIDALIA CHARTER AMENDMENT. No. 21 (Senate Bill No. 49). An Act To amend an Act entitled An Act creating a new charter for the city of Vidalia, approved August 8, 1922, as amended by an Act approved March 28, 1935, Georgia Laws 1935, page 1215, and as amended by an Act approved March 2, 1943, Georgia Laws 1943, page 1620, by inserting the following in Section 1 of the amendatory Act approved March 28, 1935, That all persons desiring to become candidates in the primary election in and for the city

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of Vidalia, Georgia, shall be qualified, registered voters of the City of Vidalia, Georgia, shall be required to pay the entrance fee and to file notice of such candidacy with the Clerk of the city of Vidalia at least thirty (30) days before the date 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 the same: Section 1. That the Act entitled An Act creating a new charter for the city of Vidalia, approved August 8, 1922, as amended by an Act approved March 28, 1935, Georgia Laws 1935, page 1215, be, and the same is hereby amended by inserting the following in Section 1 of the Act approved March 28, 1935, Georgia Laws 1935, page 1215: Act of 1935, amending act of 1922, amended. That all persons desiring to become candidates in the primary election in and for the city of Vidalia, Georgia, shall be qualified, registered voters of the City of Vidalia, Georgia, shall be required to pay the entrance fee and to file notice of such candidacy with the Clerk of the city of Vidalia at least thirty (30) days before the date of said election, so that said Section 1 as amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act incorporating the city of Vidalia, approved August 8, 1922 (Acts 1922, pages 1004 et seq.), as amended, be and the same is hereby amended so as to authorize and provide for the holding of a democratic primary election in the city of Vidalia, to nominate candidates to run as democratic nominees in the general elections to be held in the city of Vidalia to elect a mayor, councilmen, and members of the Board of Education and such other elective officers in the city of Vidalia as may be elected by a vote of the people. Sec. 1. Democratic primary election. That all persons desiring to become candidates in the primary election in and for the city of Vidalia, Georgia, shall be qualified, registered voters of the city of Vidalia, Georgia, shall be required to pay the entrance fee and to file notice of such candidacy with the Clerk of the city of Vidalia at least thirty (30) days before the date of said election. Qualifications of candidates.

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Section II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 25, 1947. CARROLL COUNTY BOARD OF COMMISSIONERAMENDMENTSREFERENDUM. No. 22 (House Bill No. 131). An act To create a board of one commissioner of Roads and Revenue for the County of Carroll to provide for his election, qualifications, bond, and to define his duties, power, to provide for a clerk, define the powers and duties of the clerk, fix bonds, salaries, and to repeal the act of the Legislature approved March 9, 1943, establishing a board of three commissioners for the County of Carroll and to repeal all laws in conflict and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly establishing a board of three commissioners approved March 9, 1943 be and the same is hereby repealed. Act of 1943 repealed. Section 2. That there be a board of one commissioner of Roads and Revenue for the County of Carroll established and created. Board of one Commissioner. Section 3. That at the General election in 1948, a commissioner of Roads and Revenue be elected as provided by law for the election of other county officers. Election. Section 4. Be it enacted that this act is to become effective on January 1, 1949, and commissioner of Roads and Revenue shall take office on said date. Date effective. Section 5. Be it further enacted that should a vacancy occur in said office of commissioner of Roads and Revenue of Carroll county, that the vacancy shall be filled as provided for filling vacancies of other county officers. Vacancy. Section 6. Be it further enacted that before entering upon his duty as commissioner, he shall take and subscribe his oath for the faithful performance of his duty as commissioner

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which oath shall be taken before the Ordinary of said county, or Judge of the Superior Court of said county, and in addition thereto, he shall give and enter into a bond with good and sufficient security in the sum of $20,000. approved by the Ordinary of said county, condition payable to the Governor of said State or his successor in office condition for the faithful discharge of his duty as commissioner. Oath and bond of Commissioner. Section 7. Be it enacted that there shall be held regular meetings of Commissioner of Roads and Revenue at the courthouse in the commissioner's office once a month on the first Tuesday in each month, beginning with the first Tuesday in January 1949 at which time, all matters pertaining to said office may be transacted by said commissioner. Meetings. Section 8. Be it further enacted that the commissioner of Roads and Revenue shall have authority to employ a clerk for the commissioner of Roads and Revenue at a salary not to exceed $1800 per annum. Said clerk shall perform any and all duties as directed by the commissioner, keep all records, countersign all warrants and checks and generally do and perform all other such clerical or other duties as may devolve upon him or as he may be directed by the commissioner. Before entering upon his duties, he shall give bond in the sum of $3,000. condition for his faithful performance of his duties and payable to the commissioner of Roads and Revenue of Carroll County. He shall not be vested with any judicial powers or duties and shall perform his duties as directed by the commissioner. Salary, bond, and duties of Clerk. Section 9. Be it further enacted that said commissioner of Roads and Revenue shall be paid a salary of $3600.00 per year, payable monthly, and in addition thereto, he shall be allowed an expense account for traveling and keeping automobile not to exceed $1,000.00 per annum. Salary and expenses of Commissioner. Section 10. Be it further enacted that the commissioner of Roads and Revenue of Carroll County in changing grades, surfacing, relocating or establishing new roads or highways or changing the grade on any road or highway already established shall have discretionary power to employ and obtain an engineer who shall make such survey estimates and perform such other duties as is necessary in changing, surfacing, estimating or changing the grades of any highway. Employment of engineer.

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Section 11. Be it further enacted that the commissioner of Roads and Revenue of Carroll County is hereby constituted as a purchasing agent for Carroll County; that before purchasing any material, supplies or equipment in excess of the estimated value of $1,000.00 he shall be required to receive bids and accept the purchase of the material, supplies or equipment to the lowest and best bidder leaving it to the discretion of the commissioner to accept at all times the best bid. Purchases. Invitation for bids shall be given by posting notice before the courthouse door or in a newspaper having general circulation as to the commissioner, may seem expedient, or best, said invitations for bids set forth therein a general description of materials, supplies and equipment and designate the place of delivery. The commissioner of Roads and Revenue shall receive all bids received, yet use the power and privilege reserved to reject any and all bids in his discretion may seem best and to accept such bids as he may deem in his discretion for the best interest of the County. Bids. Section 12. Be it further enacted by the authority aforesaid, that the commissioner of Roads and Revenue of said County shall have exclusive and original jurisdiction over subject matter mentioned and embraced in Section 32-48 of the Civil Code of 1895 and over such other county matters as by law have been placed under the jurisdiction of the Ordinary or other authority having control of County matters, and over levying and collecting road tax, commutation tax, and working and maintaining public roads, buildings, maintenance of roads, bridges and shall have exclusive control of all county property and any and all other things necessary or appertaining to roads, bridges, jails, county farms, court house, and other public property and public duties as now authorized by law; and over all such county matters as was held and exercised by the inferior court when sitting for county purposes prior to the adoption of the Constitution of 1868 and is vested with all authorities over county matters as the original commissioner created by the act approved August 17, 1908 by the Act of the General Assembly of Georgia. General powers and duties. Section 13. Be it further enacted that the commissioner of Roads and Revenue of said county shall have power and authority to retain or employ county attorneys with the

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authority to fix the compensation of said attorneys at a sum of not less than $50.00 per month, which shall be in full payment of all services unless in case of litigation in which event, the commissioner has a right to pay any additional sum that may be reasonable and shall also have authority to employ additional counsel to aid in said litigation if he deems the same necessary and expedient. Employment of attorneys. Section 14. Be it further enacted that Commissioner of Roads and Revenue of Carroll County shall prepare and publish quarterly a complete list of the warrants, and checks issued during the preceding quarter and a statement showing all purchases and sales and from and to whom made for all purchases or sales above $100.00. The same shall be published in the newspaper of said county that is the official organ of said county at the time, and a failure to do so, shall be grounds for the removal of said commissioner from office and shall be a criminal offense and punished as for a misdemeanor as provided in Section 27-2506 of the Penal Code of 1933. Publication of records of purchases. Penalty. Section 15. Be it further enacted that the commissioner of Roads and Revenue has authority and can receive contrigutions for the improvement of public roads, bridges or public work of the county from any person who owns property adjacent thereto or from any other person who may be interested in the improvement of the same or from the State government or from the United States Government, and such contribution when received shall be used for the improvement of same as designated by the contributors. Said commissioner shall keep a record of accounts which shall correctly show all contributions, from whom received and a correct disbursement of same; and the clerk of the commissioner of Roads and Revenue shall take and file receipts of all such disbursements and such contribution, and the commissioner and his security upon his official bond shall be liable for any misapplication of such funds. Contributions for improvements. Section 16. Be it further enacted that it shall be unlawful for the commissioner of Roads and Revenue or the Clerk of the Commissioner of Roads and Revenue to have any financial interest in the sale or purchase of any material, or of any article furnished the county or receive any rebate, expense account, transportation or any other valuable consideration

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in connection with or through the purchase of any supplies of the county or the awarding of any contract by or for said county and if said commissioner or said clerk violates that provision of this Section, he is guilty of a misdemeanor and shall be punished as provided in Section 27-2506 of the Penal Code of 1933. Commissioner to have no financial interest in purchases. Penalty. Section 17. Be it further enacted that the Grand Jury of said County shall have full power and authority to examine the record of the commissioner of Roads and Revenue, warrants, accounts, books or any other such matter and to inspect all county property and all property held under the direction of Road and Revenue, and report the findings to the Judge of the Superior Court of said county, with such recommendations as may seem proper and fit to make. Power of grand jury. Section 18. Be it further enacted by the authority aforesaid that the commissioner of Roads and Revenue of the County of Carroll shall hereby be vested with the exclusive jurisdiction and control of the following matters to wit: directing, controlling and caring for all property of the county according to law; levying taxes for county purposes according to law; establishing, altering or abolishing public roads, bridges and ferries in conformity to law; establishing, abolishing or changing election precincts and militia districts according to law; supervising the tax officers books and allowing the insolvent list of said county according to law; in connection with amounts of commissions or fees claimed by Tax Collector and Tax Receiver the said board is directed to retain at least fifteen per cent of amount claimed until books of said officers have been audited and amount claimed found to be correct; in examining and auditing all claims and accounts of officers having the care, management, keeping, collection of disbursements of money belonging to the county or appropriations for its use and benefits, in bringing them to settlement, and especially is said commissioner charged with frequently examining and auditing the books of county treasurer or depository, the tax collector, tax receiver, or tax commissioner, as the case may be, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pass, and this may be done by the commissioner himself or through certified accountants or bookkeepers employed for the purpose, and such may require from all officers,

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subject to examination, such reports as may be necessary to keep said commissioner fully informed at all times of the financial condition of the county; controlling, caring for, managing the convicts of the county, if any, according to law, make rules and regulations and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county, with the authority to quarantine against contagious disease and epidemics according to law; regulate and fix license fees as authorized by law; to provide for and collect the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; to try all road defaulters according to law; and to have and to exercise all powers generally vested by law in the Ordinary when sitting for county purposes; to exercise such other powers as are granted by law; or as may be indispensable to the jurisdiction over said county matters or county finances; select and appoint all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as superintendents and guards of convicts, if any, janitor of the court-house, county physician, health officer, county nurse, road superintendent, tax assessors, county policeman, and other officers and employees as are needed and authorized by law. All appointees of said Road and Revenue may be dismissed as herein provided and shall be subject to suspension or dismissal at any time and no appointee or employee who may be suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. In addition all of the general laws of this State applicable to the duties and powers of the County commissioner and all of the laws of said State applicable to the working and improvement of public roads of said county except as herein otherwise provided, shall be in force in Carroll County and be applicable to said commissioner of Roads and Revenue shall have full power and authority as may be necessary to perform all of the duties of the office of commissioner of Roads and Revenue of anything in connection thereto or pertaining thereto. General powers and duties of Commissioner. Section 19. Be it further enacted that the commissioner of Roads and Revenue or the clerk shall keep an accurate

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book of minutes wherein shall appear all orders and proceedings had and passed in reference to county matter. The commissioner of Roads and Revenue shall keep a complete book of accounts, vouchers of the county, wherein shall appear in detail all orders and warrants drawn on the treasurer or the depository, for what purpose, and upon what fund. The commissioner or clerk shall also keep a book in which shall be recorded an itemized statement of all articles, or things of whatever kind purchased for the use of the county, giving the name of the article, date when purchased, from whom purchased, the price paid therefor, and for which department of the county purchased and used. The commissioner shall also keep a cash book in which shall be daily entered any cash item received, from whom received, and for what purpose received. The commissioner shall keep an inventory book of all county property, including road machinery, livestock, road working tools and every other kind and class and description of property belonging to the county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year. Said books and records shall be kept so as to show at all times the financial condition of the county and shall be open to inspection of any and all citizens of Carroll County who may be desirou of seeing same. Financial records. Inventory of county property. Section 20. Be it further enacted that if for any reason, any Section, provision, clause or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality or any part, section, provision or clause of this Act which is not in and of itself unconstitutional and invalid, and the remaining portions of this Act shall be enforced. If part invalid. Section 21.Be it further enacted that this Act shall become effective on January 1, 1949. Date effective. Section 22. Be it further enacted that should there be a General Election held during the year 1947, the question of whether or not there should be one commissioner of Carroll shall be submitted to the qualified voters in said election, and if no general election be held during the year 1947, then there shall be a special election for said purpose called by the Ordinary of said County not later than the first Tuesday in August 1947, after giving 20 days notice

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prior thereto in the local papers of said county at which time the question of whether or not there shall be one commissioner for the County of Carroll shall be submitted to the qualified voters of Carroll County, and those favoring one commissioner shall have written or printed on their ballot for one commissioner and those opposing one commissioner shall have written or printed on their ballot against one commissioner. Referendum. Said election shall be called by the Ordinary of Carroll County, Georgia and the expense including advertising and printing of ballots shall be paid out of the county treasury of said County upon warrants being drawn for said purpose as other obligations are paid; and in the event the majority of voters of said county vote for one commissioner, said law becomes effective on January 1, 1949 as provided in said Act and in the event the majority or voters of said county votes against one commissioner, then said Act shall be invalid and of no effect. Section 23. Be it further enacted that all laws or parts of law in conflict with this Act are hereby expressly repealed. Approved February 26, 1947. ATHENS CHARTER AMENDMENTSEMPLOYEE RETIREMENT. No. 23 (House Bill No. 95). An Act to Amend the Charter of the Mayor and Council of the City of Athens, and Acts amendatory thereof: To provide for the creation of a Retirement Fund for the Payment of benefits to salaried employees of the Water Works Department; salaried employees of the office of the City Clerk including the City Clerk; salaried employees of the City Marshal's office, including the City Marshal; salaried employees of the City Engineer's office including the City Engineer; and salaried employees working directly under the Mayor and Council: To provide for the collection, administration, and proper disbursement of said Retirement Fund: To provide for the raising of such

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Retirement Fund and for the administration of said Retirement Fund; and to carry out the purpose of this Act; and to provide for the age qualification of certain employees; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. There is hereby created a system of retirement for salaried employees of the City of Athens working in the Police Department, salaried employees of the Water Works Department, salaried employees in the office of the City clerk including the City Clerk; salaried employees in the office of the City Marshal including the City Marshal; salaried employees of the office of the City Engineer including the City Engineer; and other salaried employees working directly under the Mayor and Council of the City of Athens. A method of providing a fund for the payment of benefits which shall be deposited with the Board of Trustees, as hereinafter provided for, who shall be custodians thereof; and who shall keep said fund separate and apart from any other funds of the City of Athens, and which shall be used exclusively for the purposes provided for in this Act, and which shall be collected, administered, and disbursed according to the provisions of this Act. Retirement system for salaried city employees created. Section 2. From and after the passage of this Act the Mayor and Council of the City of Athens shall levy upon the monthly salary of each and every employee mentioned in the above departments, whose salary is paid by the month or bi-monthly, 2% of said salary, not to exceed $3.75 per month on any employee, which assessment shall be deducted from the salary of each above mentioned employees by the City Clerk and Treasurer or other officer in charge of payment of such salaries. Said City Clerk and Treasurer, or other officer making payment of such salaries shall turn over the amount to the Board of Trustees, monthly or bi-monthly, which was deducted from each employee. In like manner, the Mayor and Council shall appropriate from the funds of the City of Athens and pay into the retirement fund hereby created a sum of money equal to 2% of the aggregate amount of the salaries affected hereby; not to exceed 2% of $150.00 per month, or a maximum of $3.75 per month for each employee; the purpose being that the Mayor

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and Council of the City of Athens will contribute to such fund, a fund equal to the total sum contributed thereto by the employees of the departments mentioned heretofore, except as hereinafter mentioned. No employee shall be called upon to pay into said fund during his or her participation in any one month more than $3.75 and the City shall not pay more than $3.75 as their contribution for any one employee. Salary deductions. Deductions matched from city funds. Section 3. In the event there should accumulate in said fund more money than should be considered necessary for the fulfillment of this Act, then the Trustees hereinafter provided for shall also be empowered to invest excess money in Government Bonds, State Bonds, and Municipal Bonds, and make no other investments. Investment of excess money. Section 4. The general administration and responsibility for the proper operation of the said above named Retirement System, and making effective the provisions of the Act, is hereby vested in a Board of Trustees, consisting of two members elected from the Police Department, one member elected from the other employees covered by this Act, and one member of the Mayor and Council elected by the Mayor and Council and the City Clerk. Said five Trustees shall pass upon all applications and all business pertaining to the Retirement Fund and all rights and privileges of the employees hereunder. Said five Trustees at their first meeting elect one of the remaining four as Chairman. The City Clerk shall be the Secretary and Treasurer to the Board of Trustees. City Clerk shall be required to give $10,000.00 bond payable to the Mayor and Council. Board of Trustees. Each and every member of the Police Department qualifying to come under this Act shall be eligible to vote in the election to elect the two trustees that are to represent the Police Department on said Board of Trustees. Each and every other employee qualified under this Act shall be eligible to vote for the trustee that is to represent them on the Board of Trustees. The Mayor and Council in regular session shall elect one member from the Mayor and Council to serve as trustee of said Retirement Fund. Election of members. A meeting for the purpose of election the above trustees shall be held within 30 days after the approval of this Act, and all persons qualified to vote shall be notified by the City Clerk five days before said meeting, giving the exact time and place of said meeting.

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The term of office of each trustee, except the City Clerk, shall commence on the first day of the month following his election and continue for a period of two years and until his successor shall be elected and qualified. Term of office An election shall be held, in the manner hereinbefore described, at the expiration of the term of each Trustee, except the City Clerk, for the purpose of electing his successor; and election for each trustee, excepting the City Clerk, being compulsory every two years. Election of suuuccessors. Said Board of Trustees may establish reasonable rules and regulations for the purpose of administering this Act, but not inconsistent with same. Trustees also allowed to accept gifts and donations. Powers of Board. Any employees dissatisfied with the action of the Board of Trustees, shall have the right of appeal to a jury in the Superior Court of Clarke County, Georgia, within thirty days from the date of such action of the Board, but said employee or employees shall defray all expenses of appeal from the action of the Board. Appeal from action of Board. Section 5. If a vacancy occurs in the offices of Trustees, 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 during such vacancy the action of the remaining members of the Board, which at all times shall be at least three, shall be binding on all business which they may transact. Should a member of the Board of Trustees be retired under this Act or cease to be in the employ of the City, his office, as a member of the Board of Trustees, shall be declared vacant. Should the Trustees elected from the Mayor and Council by the Mayor and Council cease to be a member of that body, his office on the Board of Trustees shall be declared vacant. Vacancies. Section 6. The Trustees shall serve without compensation. Compensation. Section 7. Each trustee shall, before assuming his duties of his office, take an oath before the Mayor and Council in regular session, that so far as it devolves upon him he will diligently and honestly administer the affairs of the said Board and that he will not knowingly and wilfully violate or permit to be violated any of the provisions of

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the law applicable to the Retirement System. Said oath shall be administered by the Mayor of the City of Athens, and it shall be recorded accordingly in the minutes of the Mayor and Council of the City of Athens. Oath of Trustees. Section 8. Attendance of Trustees at all Board meetings shall be compulsory. Any trustees who neglect their duties of the office may be removed by the Board. Meetings. Removal of Trustees. Section 9. Money or monies shall be withdrawn from the Fund created by this Act only upon warrants executed by the person or persons selected by the majority of the Board of Trustees, and in amounts authorized by a majority of the Board of Trustees. Withdrawal of monies. Section 10. (a) ELIGIBILITY FOR RETIREMENT: MEN NOW OVER 55 YEARS OLD. All employees in the departments above referred to, who are at the passage of this bill, 55 years or older shall not be compelled to retire on account of age, until such employee has reached the age of 70 years. Such an employee shall have the right to request retirement after he reaches the age of 65 years, and said Board of Trustees shall place said employee making said request on pension, provided his superior governing body also request said employee to be placed on pension. For the members of the Police Department, the superior governing body is the Civil Service Commission, for all other employees, the superior governing body is the Mayor and Council. Both governing bodies hereto referred, shall also have the right to demand any employee, coming under Section 10 (a) to take retirement provided the remaining portion of this section is complied with and he is 65 years old. All employees in this group; namely, having passed his 55th birthday before the passage of this Act must have paid into said fund for a period of two years, 2% of his salary, or have paid or caused to be paid into said fund the sum of money that would have been paid into said fund for the two years by himself, and by the Mayor and Council, before he is eligible for retirement. Eligibility for retirement of employees now over 55. (b) RETIREMENT BENEFITS FOR MEN OVER 55. Any employee retiring under Section 10 (a) shall be paid monthly benefits for the remainder of his life of a sum of money equal to one-half the amount of his average monthly salary during the time such employee has participated in

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the retirement fund, provided the said employee has completed continuously 25 years or more with the City. In the event an employee, qualifying under Section 10 (a), has not completed continuous service of 25 years, then he shall be paid monthly benefits equal to the number of continuous years with the City as an employee, divided by 25, multiplied by his average monthly salary since his participation in said retirement fund. As an example for one who has worked 15 years and has paid into Retirement Fund on an average salary of $200.00, then he shall be paid a monthly pension of $60.00. In no case shall an employee retire at more than $75.00 per month. Retirement benefits for employees now 55. (c) ELIGIBILITY OF RETIREMENT: MEN NOW UNDER 55 YEARS OLD. All employees in the departments referred to above, who are under 55 years old at the passage of this Act, shall not be forced to retire on account of age until said employee reached his 65th birthday. Such employee shall have the right, however, to request retirement after he passed 65 years of age, and said Board of Trustees shall grant such request, placing said employee on retirement, provided his governing body endorses his request. Said governing body hereto referred, shall have the right to demand any employee in this Section 10 (c) to take retirement provided the remainder of this Section is complied with and the employee is 65 or over. The governing body for employees working on the Police Department is the Civil Service Commission, and the governing body of all other employees covered by this Act is the Mayor and Council of the City of Athens. All employees in this group; namely, under 55 years old at the passage of this Act, shall have paid into said Retirement Fund, 2% of his monthly salary for two years, or shall have caused to be paid into said retirement fund, the sum of money that would have been paid into said fund by himself, and the Mayor and Council for the two year period, before he is eligible for retirement. No employee shall be eligible to retire at more than $75.00 per month. Eligibility for retirement of Employees now under 55. (d) RETIREMENT FOR MEN NOW ON PAYROLL, UNDER 55 YEARS OLD. Any employee retiring under Section 10 (c) and who has worked 25 years shall be paid monthly benefits or one-half his average monthly salary during his participation into the fund. In the event he has not

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completed 25 years of continuous service with the City, then he shall be paid monthly benefits equal his number of years of employment with the City, divided by 25, multiplied by one-half of his average monthly salary on which his payments have been based on. Retirement benefits for employees now under 55. (e) ELIGIBILITY FOR RETIREMENT FOR FUTURE EMPLOYEES. Future employees in the departments specified are entitled to participate in the retirement system covered by this Act, provided they are employed by the City before they reach the age of 35 years old. In the event the Civil Service Commission or the Mayor and Council employ a person that is over 35 years old, then said person shall be allowed to participate into said retirement fund only after there has been deposited into said retirement fund a sum of money equal to 5% of the first annual salary of said employee for each year that said employee's age exceeds 35 years. Old age retirement of employees coming under paragraph (e) of Section 10, shall be retired as specified in paragraph (d), Section 10. No future employee employed after the approval of this Act shall participate in this retirement fund, until he has passed a satisfactory physical examination by a doctor designated by the Board of Trustees. Eligibility for retirement of future employees. Section 11. SPECIAL RETIREMENT BENEFITS. (a) Should an employee of the departments above mentioned and participating in said retirement plan be injured in any way in the line of duty, so as to make him incapable of performing his duties, then said employee shall be entitled to retire under this Act as if he had been in the employ of the City for 25 years. Injuries in line of duty. Should an employee be killed in the line of duty, his widow will be treated as in the above mentioned paragraph. Death in line of duty. The Mayor and Council shall pay into the retirement fund the difference between the amount and what his length of service would entitle him to. (b) Should anyone retire under Section 11 (a) before he has participated or paid into the retirement fund, more than two years, then before he can qualify, he must place or cause to be deposited into the Retirement Fund, the sum of 5% of his average monthly salary for each month that he lacks serving the two years. Employees of less than 2-years' service. (c) Should any employee participating in this retirement

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plan become disable on account of any physical or mental illness, said employee shall be entitled to retirement under this Act. He shall receive monthly benefits on the proportioned basis of his years service with the City up to 25 years. At 25 years service or longer, an employee would be entitled to monthly benefits equal to one-half of his average salary he has drawn since participating in said Retirement Fund. Should an employee retire under this Section 11 (c) before he has paid into said fund, then he shall pay or require to be paid into said fund as specified in paragraph 11 (b). Disability because of physical or mental illness. (d) Should an employee, after retirement under any paragraph of Section 11, seek other employment in the form of becoming an employee, then the Board of Trustees shall cause to be deducted from said retired employee's monthly benefits whatever sum said retired employee earns as a salary. Nothing in this paragraph prevents a retired employee from engaging in an enterprise of his own. Retired employees restricted as to other employment. (e) The Board of Trustees shall have the right to call in three or more doctors to advise them of the physical condition of an employee requesting retirement under Section 11. The action of the Board of Trustees shall be final unless appealed to the Superior Court of Clarke County at the expense of the dissatisfied employee or employees. Medical advice. Section 12.TERMINATION OF SERVICE. (a) Should any employee die at any time during his participating in this plan, the monies that he has paid into said Retirement Fund shall be retained by the Board of Trustees in the Retirement Fund. When Board to retain monies paid in. (b) Should an employee who is on retirement, from any section of this Act, die before he has drawn the amount of monies he deposited in said retirement fund, the said difference shall be retained by the Board of Trustees in the Retirement Fund. (c) Should any employee participating in the retirement cease to be an employee of the City of Athens for any reason, the monies he has deposited in the Retirement Fund shall be held in the said Retirement Fund by the said Trustees. (d) The basis of withholding the monies referred to in

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the above three sections is for the protection of said employee that he has enjoyed while in the employ of the City of Athens. (e) All monies deposited in Retirement Fund by the City of Athens for employees in this Section 12, shall likewise be held intact by the Board of Trustees. Section 13. Employees subject to the provisions of this Act shall be employees of the City of Athens who received monthly or bi-monthly salaries such as policemen, employees of the City Marshal and City Marshal, employees of the City Clerk and Treasurer's office and City Clerk, employees of the City Engineer's Office and City Engineer, employees of the Water Works Department and other employees working directly under the Mayor and Council of the City of Athens. Occasional and temporary employees, day laborers, and persons working for weekly wages are not subject to the provisions of this Act. What City employees affected. Section 14. Immediately upon the passage of this Act, the Board of Trustees elected and qualified as herein provided, shall at once establish the service record of all employees of the City of Athens who may be entitled to participate in the benefits of this Act, and shall keep and maintain a record thereof, and said Board shall at all times keep a service record of all employees subject to the provisions of this Act. Said records shall be open to public inspection at all times. Service records. Section 15. The Retirement Fund and the benefits provided for in this Act shall not be subject to garnishment for debt or to any other legal process of proceeding. No garnishment. Section 16. The Board of Trustees shall annually submit to an audit by the auditor who audits the books of the City of Athens. Annual audit. Section 17. That the said charter of the City of Athens be and it is hereby amended as provided in this Act. Charter amended. Section 18. No benefits under this Act shall be payable to any officer or employee, who is disabled, whether in line of duty or not, through his or her own misconduct, to be determined by the Board of Trustees after full and impartial hearing. Employee injured through own misconduct. Section 19. This bill shall not be construed as effecting,

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disturbing or altering or being in conflict in any way with the Fireman's Bill now in force and effect in the City of Athens and this bill shall not be construed to repeal the City Fireman's bill. City firemen not affected. Section 20. All laws and parts of laws in conflict with this Act are hereby expressly repealed. Approved February 26, 1947. RANDOLPH COUNTY BOARD OF COMMISSIONERSAMENDMENT. No. 24 (House Bill No. 102). An Act to amend an Act approved February 13, 1935, Georgia Laws 1935, pp. 778-784, as amended by an Act approved March 11, 1943, Georgia Laws 1943, pp. 1103-1105, and as amended by an Act approved January 25, 1945, Georgia Laws 1945, pp. 498-499, to create a Board of Commissioners of Roads and Revenue for the County of Randolph, State of Georgia: to provide for the appointment, qualification and election of the members thereof; to prescribe their terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk by said board; to provide that each commissioner shall reside in the road district from which he is elected; to provide that one commissioner shall be elected by each road district for the territory embraced in said district and shall be nominated and elected by the voters residing within the territory comprising his respective district; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved February 13, 1935, Georgia Laws 1935, pp. 778-784, as amended by an Act approved March 11, 1943, Georgia Laws 1943, pp. 1103-1105, and as amended by an Act approved January 25, 1945, Georgia Laws 1945, pp. 498-499, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia: to provide for the appointment, qualifications, and election of the members

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thereof; to prescribe their terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk for said Board; and for other purposes; be and the same is hereby amended by repealing the last sentence in Section 2 of said amending Act approved January 25, 1945, as same appears on page 499 of the Acts of 1945, which reads as follows: One commissioner shall be elected whose residence is in each road district for the territory embraced in said district, and shall be nominated and elected by all voters legally qualified to vote in general elections residing within the County of Randolph, State of Georgia. Acts of 1935, 1943, and 1945 amended. Sec. 2. And substituting in lieu thereof a new sentence, which shall read as follows: One commissioner shall be elected whose residence is in each road district, for the territory embraced in said district, and shall be nominated and elected by the qualified voters residing within the territory comprising his respective district, so that said Section, as amended, shall read as follows: Section 2. Be it enacted by the authority aforesaid, that for the purpose of this Act the County of Randolph shall be divided into five road districts, as follows: General Militia District Number 718, known as the Cuthbert District, shall constitute district number one; General Militia Districts numbers 947 and 934, locally known as the Fifth and Carnegie Districts, shall constitute district number two; General Militia Districts Numbers 1131 and 954, locally known as Coleman and Springvale Districts, shall constitute district number three; General Militia Districts Numbers 1566 and 777, locally known as the Benevolence and Brookville Districts, shall constitute district number four; and General Militia Districts Numbers 1334 and 998, locally known respectively as Shellman and the Fourth shall constitute district number five. One commissioner shall be elected whose residence is in each road district, for the territory embraced in said district, and shall be nominated and elected by the qualified voters residing within the territory comprising his respective district. Road districts created. Election of Commissioners. Section 3. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 26, 1947.

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EARLY COUNTY TAX COMMISSIONERSALARY AMENDMENT. No. 25 (House Bill No. 108). An Act To amend an Act approved August 9, 1929, entitled an Act to Amend an Act approved July 30, 1927, Georgia Laws 1927, Page 566, entitled, An Act to create the office of Tax Commissioner of Early County, by prescribing the duties of such Commissioner, fix his compensation, and giving bond, by striking from Section 2 of said Act of 1929 the words and figures, thirty-six hundred ($3,600.00), in the 6th line of said section and inserting in lieu thereof the words and figures, forty-two hundred ($4,200.00); 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 passage of this Act that Section 2 of an Act approved August 9, 1929, entitled an Act to amend an Act approved July 30, 1927, Georgia Laws 1927, Page 566, entitled, An Act to create the office of Tax Commissioner of Early County, by prescribing the duties of such Commissioner, fix his compensation, and giving bond, be and the same is hereby amended by striking from Section 2 of said Act of 1929 the words and figures, thirty-six hundred ($3,600.00), in the 6th line of said section and inserting in lieu thereof the words and figures, forty-two hundred ($4,200.00), so that said Section 2 of said amendatory Act of 1929 shall read as follows, to-wit: Act of 1929 amended. Section 2. Be it further enacted by the authority aforesaid, that section 5 of the said Act be and the same is hereby repealed, and the following be enacted in lieu thereof, as section 5 of said Act: Be it further enacted by the authority aforesaid, that the salary or compensation of such tax-commissioner shall be forty-two hundred ($4,200.000) per annum, to be paid to him monthly by warrants drawn upon the county treasury by the board of commissioners of said county. Salary. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1947.

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TEMPLEZONINGMAYOR AND COUNCIL. No. 26 (House Bill No. 120). An Act to amend an Act approved November 23, 1901, creating and adopting a new Charter for the Town of Temple, to provide: for qualification of the Mayor and Councilman; to fix their salaries; to fix the salary of the Clerk; to permit the Mayor and Council of the Town of Temple to zone said Town of Temple, Georgia. And for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section I. By virtue of authority conferred upon the General Assembly by Article 3, Section VII, Paragraph XXIII of the Constitution of Georgia, that the Town of Temple and the governing authorities of said Town of Temple, be and they are hereby authorized and empowered to enact zoning and/or planning laws whereby the said Town of Temple may be zoned or districted for various uses and/or purposes, either other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart, and to regulate the plans for development and improvement of real estate therein. Zoning and planning laws authorized. Section II. Be it further enacted that from and after the passage of this Act that any person who has attained the age of 21 years, of good moral character and resides within the Town of Temple, and laboring under no disabilities, shall be qualified to hold office as Mayor or Councilman, and may be elected as a member of the Mayor and Council of the Town of Temple, notwithstanding of any other office a person so elected may hold or accept in said Town of Temple, County or State. Qualifications of Mayor and Councilman. Section III. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved February 26, 1947.

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McDONOUGH CHARTER AMENDMENTS. No. 27 (House Bill No. 167). An Act To amend An Act creating the charter of the City of McDonough, and the several Acts amendatory thereof; to provide for an advance meeting of the Mayor and Council elected to serve for the ensuing term for the purpose of organizing its body and to elect its City Marshals and other employees of the City for the ensuing year, and to consider at said advance meeting such other matters or affairs of the City to be acted upon at the first regular meeting of said body: and, to provide for the election of three (3) members of the Council every two years for the terms of two years; and, to provide for a zoning plan or system for the City of McDonough, authorizing the Mayor and Council to appoint a Zoning Commissioner, and to establish zoning rules and regulations under which said Commissioner shall act. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Charter of the City of McDonough be and the same is hereby amended by adding the following provisions to said charter. Section II. That the Mayor and Council elected for the ensuing term may arrange an advance meeting for the purpose of organizing its body, and electing the City Marshals and other employees for the ensuing year; and to consider at said advance meeting such other matters pertaining to the affairs of the City to be acted upon the first Monday in January, the first regular meeting of said body. Election of City Marshal and others. Section III. That three (3) members of the Council shall be elected every two years for a two year term, and three (3) members of the Council shall be elected annually; and the three (3) members elected for the two year term shall be the three candidates of the six candidates receiving the highest number of votes; and this method of electing the said councilmen shall be effective and in force for the next annual election of the Mayor and Councilmen after the passage of this Act, and the same manner of electing said members of the Council shall prevail thereafter. The Mayor to be elected annually as heretofore provided by said Charter,

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and said elections of both the Mayor and Councilmen to otherwise remain as heretofore provided by said Charter, that is the manner of qualifying and the manner of conducting said election. Election of Mayor and Councilmen. Section IV. That the City of McDonough, by and through its Mayor and Council, are hereby authorized to establish a zoning system and plans to serve in supervision and regulation of the construction, and alteration of all buusiness and residential property within the City of McDonough, and to appoint a Zoning Commissioner, and to pass such rules and regulatins under which said Commissioner shall act. Zoning laws and Zoning Commissioner authorized. Section V. That in event any portion of this Act is declared invalid for any reason, the invalidity of same shall not effect any other section or portion of the Act. Part invalid. Section VI. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1947. CHATTAHOOCHEE CIRCUITSOLICITOR-GENERAL'S COMPENSATIONHIS CLERK. No. 28 (House Bill No. 62). An Act, approved March 6, 1945, (Georgia Laws 1945, page 896) increasing the salary of the Solicitor General of the Chattahoochee Circuit, by providing that should said Solicitor General be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the Counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and providing further that said Solictor General shall have the power to appoint a clerk for the performance of such duties as may be required of said clerk and to fix the salary and the payment thereof out of the treasury of Muscogee County, at $125.00 per month as a part of the court expenses of Muscogee County, Georgia, and for

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other purposes. [sic]; by striking the figures $125.00 and inserting in lieu thereof the figures $150.00, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that Section 1 of said Act approved March 6th, 1945, be and the same is hereby amended by inserting after the word at and before the words per month in the eighteenth line of Section 1 on page 896, the following $150.00, so that said Section 1 of the Act approved March 6th, 1945, when amended shall read as follows: Act of 1945 amended. The salary of the Solicitor General of the said Chattahoochee Judicial Circuit shall be $7,250.00 per annum in addition to the salary of $250.00 prescribed in Paragraph 1, section 13 of Article 6 of the Constitution of this State which said salary (additional) to the constitutional salary of $250.00 per annum shall be paid pro rata out of the general treasuries of the various counties composing said circuit, in the following proportion, to-wit; Chattahoochee County shall pay the sum of $150.00; Harris County shall pay the sum of $800,00; Marion County shall pay the sum of $450.00; Muscogee County shall pay the sum of $4,950.00; Talbot County shall pay the sum of $450.00; Taylor County shall pay the sum of $450.00. It shall be and is hereby made the duty of the Ordinary, County Commissioners, or other authority having control of county matters in each of the said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to the Solicitor General quarterly in each year out of the funds of said counties; that is to say, on the first day of April, July, October, and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinary, County Commissioners, or other county authority having control of county matters, to make provisions annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of $7,250.00 and the constitutional salary of $250.00 shall

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be in full payment for all services of said Solicitor for all travelling and other expenses, and for all sums paid out by said Solicitor General for clerical aid and legal assistance engaged or employed by him; provided, however, that should said Solicitor General be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said Solicitor General shall have the power to appoint a clerk for the performances of such duties of his office as may be required of said clerk and to fix the salary and payment thereof out of the treasury of Muscogee County, at $150.00 per month as part of the court expenses of Muscogee County, Georgia; except as provided in Section 5 of the Act approved August 20, 1920, [sic] Georgia Laws 1917, pages 283, 284, 285, 286 and 287. Salary. How apportioned. When paid. Compensation for services outside State. Solicitor-General's Clerk. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1947. TIFT COUNTY HOSPITAL BOARD. No. 29 (House Bill No. 134). An Act to create and establish in Tift County, Georgia, a Tift County Hospital Board, with powers to operate, carry on, manage, maintain and direct, or have same done, Tift County Hospital, which is owned by Tift 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; to fix and define the powers and duties of said Board; to provide for filling vacancies on said Board; to provide that said Board shall have power to do all acts and things incident to the successful

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and efficient operation and management and maintenance of said Tift County Hospital; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: and it is hereby enacted by authority of same: Section 1. That from and after the passage of this Act there is hereby constituted, created and established a Tift County Hospital Board, in Tift County, Georgia, consisting of five members, who shall be elected by the Grand Jury of Tift County, Georgia. One member of said Board shall hold office one year, one member of said Board for a term of two years, one member of said Board to hold for a term of three years, one member to hold office for a term of four years, and one member to hold office for a term of five years, from their time of election. Members of Board so elected and qualified shall hold office until their successors are elected and qualified and shall be eligible for re-election at the expiration of their terms. Members of said Board shall be freeholders, residents of the County of Tift, and persons of good character. Vacancies shall be filled by the selection of a member by the Board, such selection to serve until the Grand Jury shall convene, at which time the Grand Jury shall elect a member or members to fill such vacancy or vacancies. The members of said Tift County Hospital Board shall serve without compensation. Board created. Terms of office. Qualification and election. Section 2. Said Tift County Hospital Board, when so constituted, created and established shall have complete charge of the operation, maintenance and management of Tift County Hospital, which is owned by Tift County, Georgia, and located in the City of Tifton, Georgia. Provided, that said Board shall not have power to incur any debt of any kind, nor liability of any kind or nature, directly or indirectly, against Tift County, Georgia, without first obtaining the written approval of the Board of Commissioners of Roads and Revenues of Tift County, Georgia; and provided further that said Board shall not incur any debt against Tift County Hospital until provision therefor has been made in a budget duly adopted and approved by the Board of Commissioners of Roads and Revenues of Tift County, Georgia; and 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 for services rendered

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by said Hospital and contributions by Tift County, for charity or otherwise. The Board of Commissioners of Roads and Revenues of Tift County, Georgia, shall be the sole judge as to the amount that Tift County, Georgia, shall contribute to said Hospital for purposes of charity or otherwise, within the limits allowed by law. Said Board shall have the power to employ a manager of said Hospital and other personnel and fix the salaries or wages, and prescribe their duties. The manager so selected shall have complete charge of the operation, maintenance and management of Tift County Hospital, including the power to purchase supplies, provided that no debt shall be created which is hereby prohibited and provided that the manager shall not exceed the budget duly adopted and approved by the Board of Commissioners of Roads and Revenues of Tift County, and provided that all accounts of the manager shall be subject to the approval or disapproval of the Hospital Board hereby created. Said Board shall elect one of its members as Chairman, one as Vice-Chairman, and one as Secretary. The Board may, in lieu of electing one of its members as Secretary, elect the manager of the Hospital as Secretary of its Board. The Board shall have at least one meeting each month, and may hold others if desired or necessary, and shall keep minutes of their meetings. The Board shall have power to adopt rules and regulations which they deem necessary or advisable for the regulation and operation of the Hospital. General powers and duties. Debt limitations. Hospital personnel. Powers and duties. Procedure. Section 3. Said Tift County Hospital Board shall not have power or authority to levy any tax of any kind for the purpose of providing revenue for said Hospital. No power to tax. Section 4. Said Tift County Hospital Board shall make, or cause to be made the Board of Commissioners of Roads and Revenues of Tift County, Georgia, a written report in duplicate, at least once each month showing the operation of said Tift 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, number of other patients, showing cash on hand and accounts receivable and accounts payable. The reports shall be signed by the Chairman of the Board, and said reports shall

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be filed and preserved in the office of the Board of Commissioners of Roads and Revenues of Tift County, and shall be delivered to the Grand Jury, whenever it convenes, for inspection. Monthly reports to County Commissioners. Section 5. Said Tift County Hospital Board shall on or before the 15th of January of each year, prepare and submit to the Board of Commissioners of Roads and Revenues of Tift County a budget for the operation and management of said Hospital. Budget. Section 6. Said Tift County Hospital Board shall have the power and right to require the manager or such other person who handles the money and finances of the Hospital to give bond with security in such amount as the said Board may deem right and proper. Said bond shall be payable to the Commissioner of Roads and Revenues of Tift County, Georgia. Manager's bond. Section 7. This Act is hereby declared to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not impair or render any of the remaining provisions unconstitutional. Should the whole of said Act be, for any reason, declared unconstitutional then said Tift County Hospital would revert back to the Board of Commissioners of Roads and Revenues of Tift County, Georgia, to be operated by said Board of Commissioners as the same was operated prior to passage of this Act. Effect of unconstitutionality. Section 8. This Act shall become effective and operative at the first session of the Grand Jury of Tift County, whether convened in regular or called session, and upon the election of the members of the Board by any such Grand Jury of said county. Date effective. Section 9. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved February 26, 1947.

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DOOLY COUNTY COMMISSIONERSELECTION. No. 30 (House Bill No. 90). An Act to amend an Act approved March 2, 1943 (Georgia Laws 1943, at pages 951-2) amending an Act approved August 13, 1929, entitled an Act to amend an Act approved August 9, 1919, amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Dooly so that each road district shall nominate and elect its own commissioner, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That section 1 of an Act approved March 2, 1943 (Georgia Laws 1943, at pages 951-2) amending an Act approved August 13, 1929, entitled an Act to amend an Act approved August 9, 1919, amending an act creating a Board of Commissioners of Roads and Revenues for the County of Dooly, be and the same is hereby amended by adding thereto the following provisions, to wit: Sec. 1, act of 1943, amended. That from and after the date of approval of this enactment the several members of the Board of Commissioners of Roads and Revenues for the County of Dooly shall be nominated and elected by the qualified voters of the respective road district which such member is to represent on the Board, it being the intent hereof to restore the manner of nomination and election of Commissioners set forth in Section 7 of the Act approved August 13th, 1929 (Georgia Laws, 1929, pages 594-599) amending an Act creating a Board of Commissioners for the County of Dooly. Election by road districts. Section 2. All laws in conflict with this enactment are repealed to the extent of the conflict. Approved February 26, 1947.

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COLQUITT CHARTER AMENDMENTACT REPEALED. No. 31 (House Bill No. 151). An Act to repeal an act entitled: An Act to amend an Act entitled `an Act to amend consolidate and supersede several acts incorporating the City of Colquitt, in the County of Miller and the State of Georgia and all amendments thereto; to create a new charter and municipal government for said corporation', as found in Georgia Laws of 1915, pages 534-567 inclusive, with all amendments thereto, and approved on August 7, 1915, so as to amend the charter as amended, to compel the Mayor and Council, in case they enforce stock law within the incorporate limits to fence the City of Colquitt and for other purposes, as found in Georgia Laws of 1929, pages 973-974 inclusive, and approved on July 18, 1929, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act approved July 18th, 1929, (Georgia Laws, 1929, pages 973-974, entitled; An act to amend an Act entitled `An act to amend consolidate and supersede several acts incorporating the City of Colquitt in the County of Miller and the State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation', as found in Georgia Laws of 1915, pages 534-567 inclusive; with all amendments thereto, and approved on August 7, 1915, so as to amend the charter as amended, to compel the Mayor and Council, in case they enforce stock law within the incorporate limits, to fence the City of Colquitt, and for other purposes, be, and the same is, hereby repealed. Act of 1929 repealed. Section 2. Be it further Enacted that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed. Approved February 26, 1947.

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PENSION FOR COUNTY COMMISSIONERS IN CERTAIN COUNTIES. No. 32 (House Bill No. 148). An Act to authorize the County Commissioners of counties with a population of not less than twenty-three thousand two hundred fifty-five (23,255) and not more than twenty-three thousand two hundred seventy (23,270) to provide for, regulate, and pay a pension to all employees, with thirty-five (35) years continuous service or more with said counties of not less than twenty-three thousand two hundred fifty-five (23,255) and not more than twenty-three thousand two hundred seventy (23,270) population as taken from the 1940 census of the United States, said pension to be in the amount of one hundred dollars ($100.00) per month; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the County Commissioners of counties having a population of not less than twenty-three thousand two hundred fifty-five (23,255) and not more than twenty-three thousand two hundred seventy (23,270) as determined by the 1940 census of the United States, are hereby authorized to provide for, regulate and pay a pension of one hundred dollars ($100.00) to all employees of said counties who have been in continuous service of said counties for thirty-five (35) years or more. Pensions authorized. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 26, 1947. RICHMOND COUNTY PUBLIC SCHOOL SYSTEM. No. 33 (House Bill No. 124). An Act to provide for the continued existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and

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control as provided in an Act entitled An Act to regulate public instruction in the county of Richmond, approved August 23, 1872 (Georgia Laws 1872, pages 456-463), as amended by this Act; to repeal all acts hitherto passed amendatory of or supplemental to said Act approved August 23, 1872; to amend said Act approved August 23, 1872; to amend said Act approved August 23, 1872, so as to provide for the management and control of such public school system as a single district; for the election, organization, powers and duties of the board of education; for the method of making appropriations and the levying and collection of taxes for the support of such public school system including the establishment of a permanent improvement fund; for the appointment, powers and duties of a superintendent of schools and of a treasurer; for compulsory attendance of children; for the tenure and compensation of teachers; 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 A. The public school system of the County of Richmond, established by an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, shall, in accordance with Section X of Article VIII of the Constitution of the State of Georgia, continue in existence unaffected by the provisions of the said Constitution and shall be managed and controlled as provided in said Act of August 23, 1872, as amended by this Act. The board of education provided for in this Act shall be a continuation of the board of education in existence in Richmond County at the time of the passage of this Act, and there shall be no interruption of the corporate existence of such board because of reduction in the number of members, change in the method of their election, or the termination of the terms of members then in office at the effective date of this Act. Public school system and Board of Education continued. Section B. The Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, is hereby amended by striking out Section 1 and substituting in lieu thereof the following section, to wit: Act of 1872 amended. New sec. 1.

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Section 1. RICHMOND COUNTY A SINGLE SCHOOL DISTRICT, COMPOSITION AND METHOD OF ELECTION OF THE BOARD OF EDUCATION. The County of Richmond shall constitute a single school district and shall be confided to the management and control of a board of education of seven members at least two of whom shall reside in Richmond County outside the corporate limits of the City of Augusta. They shall be free-holders and shall have resided in the county for not less than five years preceding their election, and shall be elected at large by the qualified electors of the county in the same manner as county officers except as herein provided. Members of the board of education shall be elected on the first Saturday in November, 1947, and biennially thereafter. Each candidate for the board of education must file a declaration of intention to be a candidate in the office of the clerk of the board of commissioners of roads and revenues of Richmond County not later than twelve o'clock noon on the first Saturday in October preceding such election. In case no more such declarations are filed than there are positions to be filled at such election the persons so filing shall be deemed elected without the holding of an election. The terms of all members shall be for four years from the second Saturday in January following their election, provided that of those first elected three shall be elected to serve for two years, at least one of whom shall reside in Richmond County outside the corporate limits of the City of Augusta, and four for four years, at least one of whom shall reside in Richmond County outside the corporate limits of the City of Augusta, from the second Saturday in January 1948, and the two-year and four-year term shall be deemed to be separate offices. Thereafter as such terms expire successors shall be elected for the full term of four years, provided that at each such election at least one person shall be elected who shall reside in Richmond County outside the corporate limits of the City of Augusta. Vacancies, except those arising from expiration of term, shall be filled by appointment by the grand jury in session at the time the vacancy occurs or if none be in session then by the grand jury next convened, for the unexpired portion

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of the term; provided, that if a regular election for members of the board of education shall occur more than forty days after the occurrence of the vacancy and more than two years before the expiration of said term, then the person so chosen shall serve only until the second Saturday in January next following said election date and the position shall be filled at such election for the remainder of the unexpired term as hereinbefore provided for the election of members of the board of education. In filling vacancies the residence requirements hereinbefore provided shall be observed. Single district. Composition and method of elections, Board of Education. Vacancies. Section C. Section 2 of said Act approved August 23, 1872, is hereby amended by entitling the same CORPORATE POWERS OF BOARD and by striking out the word common before schools so that the same shall read as follows: Sec. 2 amended. Section 2. CORPORATE POWERS OF BOARD. And be it further enacted, that the said Board of Education shall be a body politic and corporate in law, and as such may contract and be contracted with, sue and be sued, plead and be impleaded in any court of the State having competent jurisdiction, and receive any gift, grant, donation or devise made for the use of schools within their jurisdiction, and moreover, they shall be, and they are hereby, invested in their corporate capacity with the title, care and custody of all school-house sites, school libraries, apparatus or other property belonging to the educational department of the county as now organized or hereafter to be organized, with all power to control, lease, sell or convey the same, in such manner as they may think will best subserve the interest of schools and cause of education. Corporate powers of Board. Section D. The said Act, approved August 23, 1872, is hereby amended by striking out Section 3 thereof and substituting in lieu thereof the following section to wit: Section 3. BOARD OF EDUCATION, ORGANIZATION AND PROCEDURE. The Board of Education shall meet on the second Saturday in January 1948, and biennually thereafter, at ten o'clock A. M. in the office of the Board of Education. The oath of office shall be administered by the retiring president of the Board or,

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in his absence, by any person authorized to administer oaths. The Board shall then proceed to organize by electing one of its members president and one vice-president for the term of two years from the said second Saturday in January. The superintendent of schools shall be secretary of the board. All conveyances and contracts shall be executed in behalf of the board by the president or vice-president and the secretary. New sec. 8. Organization of Board. The Board of Education shall hold regular meetings, not less frequently than once each month, the day and hour of which shall be fixed for the enusing two years at its organization meeting. Special meetings may be called by the president, by the vice-president in the event of the absence from the county or incapacity of the president, by the superintendent of schools, or by any two members; provided, that a written notice of the time and place of such meeting and of the subject or subjects to be considered thereat shall be dispatched by registered mail to each member of the board at least three days prior to the date of such meeting. At such special meeting only the subject or subjects referred to in such notice shall be acted upon. A majority of the members shall constitute a quorum for the transaction of business but no action shall be taken except on a purely procedural motion by less than four affirmative votes. The vote on all matters shall be by ayes and noes which shall be recorded in the minutes. The minutes of each meeting shall be recorded by the secretary in a book provided for the purpose which shall be a public record and open to inspection in his office during regular business hours. In the absence of the secretary another employee of the Board of Education shall be designated to act as secretary for that meeting. Meetings. The Richmond County Board of Education shall not adopt the annual budget or any supplementary appropriation in excess of five hundred dollars, or adopt or amend the pay plan hereinafter provided, or authorize a bond issue or any expenditure from the permanent improvement fund, or adopt any rule or regulation without giving the people of the county an opportunity to be heard thereon at a public hearing the time and place of which shall be advertised once in a newspaper published in

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the City of Augusta at least one week prior to the date of such hearing. Public hearings. Section E. The said Act, approved August 23, 1872, is hereby amended by striking out Section 4 thereof, heretofore repealed by an Act, approved July 22, 1929 (Georgia Laws 1929, pages 703-708), and substituting in lieu thereof the following section, to-wit: Section 4. EXTENT OF PUBLIC SCHOOL SYSTEM. The Board of Education, subject to the provisions of this Act, shall manage and control a public school system for Richmond County which shall include elementary grades and high school. The board may in its discretion include in the system kindergarten, junior high school, and junior college, and may increase the number of elementary, junior high and senior high grades to a total of twelve. New sec. 4. Extent of public school system. Section F. The said Act approved August 23, 1872, is hereby amended by striking out Section 5 and substituting in lieu thereof the following section, to-wit: Section 5. POWERS OF BOARD. Subject to the provisions of this Act, the Board of Education shall have power: a. To purchase, lease or otherwise acquire, construct, repair, maintain and operate school houses and school grounds and to equip the same, including the provision of school libraries, laboratories, playground equipment and all other facilities appropriate for school buildings and grounds. School buildings and equipment. b. To exercise in acquiring land for school purposes the right of eminent domain in the manner provided by law for its exercise by municipal corporations. Eminent domain. c. To appoint and remove a superintendent of schools, a treasurer, and such principals, teachers, supervisors, truant officers, janitors and other employees as in its discretion are necessary, provided that all appointments except those of the superintendent and treasurer shall be made on the nomination of the superintendent of schools, and provided further that in making appointments and removals of teachers, supervisors and principals, the board shall be governed by the provisions of

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section 13 of this Act. No member of the Board of Education shall make any recommendation to the superintendent concerning the appointment of any principal, teacher, supervisor, or other employee. School employees. d. To determine the length of the school year, to fix the opening and closing dates thereof and the holidays and vacations therein, provided that such year shall consist of not less than one hundred and seventy-five school days. Length of school year. e. To establish and conduct classes in agriculture, textiles and other mechanical and industrial arts, domestic science, vocational guidance and commercial subjects, evening schools, summer schools and classes for adult education. Vocational and adult education. f. To fix the compensation and prescribe the powers and duties of all employees, including the establishment of a pay plan and a system of increments for the said employees. Compensation of employees. g. To approve and adopt textbooks for use in the schools and to furnish the same free of charge to pupils in the elementary and high schools. Textbooks. h. To establish upon the recommendation of the superintendent of schools the course of study for each class and grade in the school system. Course of study. i. To fix the amount of tuition to be paid by nonresident pupils in the public schools of Richmond County. Tuition. j. To establish the qualifications of teachers and other employees of the board and to provide for their examination and certification. Certification of employees. k. To provide for the health of children in the schools and for this purpose to employ school physicians and nurses. Health. l. To adopt, as hereinafter provided, an annual budget for the support of the public school system of Richmond County and annually to levy a tax for school purposes of not more than fifteen mills on the dollar of all property assessed for taxation in the county as shown by the county digest of the year in which such levy is made, provided that this limitation of fifteen mills shall not apply to the levying of such taxes as may be necessary

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to pay the principal and interest of any bonded indebtedness of the Board of Education incurred with the approval of a majority of the electors voting thereon at an election held for the purpose. Budget. Taxes. m. To borrow money for the purpose of acquiring land and constructing, repairing and equipping buildings and grounds for school purposes; provided, that the proposal to issue bonds shall be submitted to the electors of the county at a general election or a special election called by the Board of Education for the purpose and held and conducted as are elections for county officers, the cost of which if a special election shall be paid by the Board of Education, and that no bonds shall be issued unless such proposal is approved by a majority of those voting thereon at such election. Bond issues. n. To make rules and regulations necessary for the conduct of its business and the government of its employees and the pupils of the schools. Rules and regulations. o. To permit, under such regulations as it may prescribe, the use of school buildings or grounds or any portion thereof when not in actual use for school purposes, for civic, political, educational or community meetings or entertainments held under the direction of responsible citizens, and to charge reasonable fees to cover the cost of heating, lighting and cleaning incident to such meetings. Use of buildings and grounds for other than school purposes. p. To operate or provide for the operation, but in no case for profit, or lunch rooms or cafeterias, and to regulate the kind, quality and price of food to be served therein. Lunches. q. To provide, when in its opinion the same may be expedient, for the transportation of pupils. Transportation. r. To investgate the conduct of the superintendent of schools or of any principal, teacher or other employee of the board or any situation affecting the successful operation of the school system and in the conduct of such investigations and in the hearings provided in sections 6 and 13 of this Act the president and vice-president of the board shall have the power to administer oaths and to compel the attendance of witnesses and the production of books and papers, and any person wilfully failing

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to obey such subpoena shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine of not more than thirty dollars or by imprisonment for not more than thirty days or by both. Investigation of school employees. Section G. The said Act approved August 23, 1872, is hereby amended by striking out Section 6 thereof and substituting in lieu thereof the following section, to-wit: Section 6. SUPERINTENDENT OF SCHOOLS New sec. 6. a. The superintendent of schools shall be appointed by the Board of Education for an indefinite term and may be removed by it, provided that he shall first be served with a clear statement in writing of the cause for his removal and be given an opportunity to be heard thereon at a public meeting of said board to be held not less than ten nor more than twenty days after the service of such statement. He shall be entitled to be represented by counsel at such hearing and upon his request witnesses whose testimony is pertinent to the charges against him shall be subpoenaed by the president or vice-president of the board. After such hearing the board's decision shall be final. Superintendent of schools. Removal. b. The superintendent of schools shall be a graduate of a recognized college or university and shall have had at least five years' experience in the field of educational administration. He need not at the time of his appointment be a resident of Richmond County or the State of Georgia but during his service as superintendent he shall reside in Richmond County. The office of commissioner of education is hereby abolished. Qualifications of Superintendent. Office of Commissioner of Education abolished. c. The superintendent of schools shall be the executive officer of the board of education and shall act as its secretary. He shall prepare and submit to the board the annual budget; attend all its meetings with the right to speak therein but not to vote; conduct such examinations for candidates for teaching positions as may be provided by the rules of the Board of Education; certify those successfully passing such examinations nominate all principals, supervisors, teachers and other employees, except the treasurer, for appointment by the board, provided that he shall not recommend for appointment any teacher as defined in Section 13 of this Act, who has

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not first been duly certified by him as possessing the qualifications established by the board; assign pupils to their proper schools and grades; and, subject to his responsibility to the board, supervise, direct and control the operation of schools, departments, offices and employees of the board. Powers and duties of Superintendent. d. He shall have power to require such reports from each principal, supervisor and teacher as he may deem necessary or which may be required by law. He shall furnish to the state school superintendent all reports and information which may be required and shall report from time to time to the Board of Education on all matters pertinent to the administration of the public schools. Within two months of the close of each fiscal year he shall prepare for submission to the board a brief and comprehensive report of the activities and finances of the public school system of Richmond County which shall be published by the board for general distribution. Reports. Section H. The said Act approved August 23, 1872, is hereby amended by striking out Section 7 thereof and substituting in lieu thereof the following section to wit: Section 7. FINANCIAL ADMINISTRATION. New sec. 7. a. FISCAL YEAR. The fiscal year of the Richmond County Board of Education shall begin on the first day of July and end on the last day of June. Fiscal year. b. BUDGET. Not later than the fifteenth day of July in each year the superintendent of schools shall submit to the Richmond County Board of Education a tentative budget for the fiscal year ending on the succeeding thirtieth day of June. This budget shall contain estimates of expenditures as follows: Budget. (1) The sums necessary to pay the interest on the bonded debt and current indebtedness of the said Board of Education, and the principal of all bonds maturing during the year, and to retire at least one-tenth of the current indebtedness of said Board of Education outstanding on the first day of July 1945 and the whole of any current indebtedness incurred subsequently thereto, and such sums, if any, as may be required by law to be paid into the sinking fund. Estimates of expenditures.

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(2) A sum equal to any deficit incurred in the preceding fiscal year by the failure of the actual cash receipts to equal the expenditures for such year, including current obligations payable but not paid. (3) The amount of any other contractual obligations. (4) The cost of operating the Richmond County school system. (5) Expenditures for any other purpose for which said Board of Education may legally appropriate money. The budget shall also contain estimates of receipts as follows: Estimates of receipts. (1) Receipts from executions on real and personal property estimated at no greater proportion of the total of such executions not more than seven years old outstanding at the beginning of the current fiscal year than the proportion of the actual cash receipts from executions in the preceding year to the total of executions not more than seven years old outstanding at the beginning of that fiscal year. (2) Receipts from all other sources except current taxes on property locally assessed, and except special grants and other non-recurring receipts, but including taxes based on assessments made through the office of the state revenue commissioner, State of Georgia appropriations whether through legislative act or executive order, and federal funds, which have been allocated for the current fiscal year, estimated at no greater amount than the amount in dollars received from the same sources in the preceding fiscal year. (3) The whole or any part of the unencumbered cash surplus, excluding all trust and special fund cash, at the end of the preceding year. (4) The sum to be raised by current taxes on property, other than property assessed through the office of the state revenue commissioner, within the limitation on the rate to be levied prescribed in Section 5 of this Act, necessary to balance the budget, assuming that the proportion of the tax lavy which will be collected in the current fiscal year will be no greater than the proportion of the levy of the preceding year collected in that year.

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The estimates of expenditure for operating the school system of Richmond County shall be in detail, classified by activities and objects in accordance with the recommendations of the United States Office of Education and the regulations of the state department of education. The budget shall be so arranged as to show comparative data as to both revenue cash receipts and expenditures for the last completed fiscal year. With the budget the superintendent of schools shall submit a summary of its contents and a brief explanation of the principal changes from the preceding year in either receipts or expenditures, which shall be published for general distribution. There shall be sufficient copies of the budget itself to supply the members of the board and copies shall be kept on file for public inspection during regular business hours in the office of the superintendent of schools. Upon the receipt of the budget the board of education shall fix a time and place for a public hearing thereon which shall be advertised as hereinbefore provided and shall be held not less than five nor more than ten days after such publication. Public hearing on budget. After the conclusion of such hearing and prior to the first day of August the board of education shall adopt the budget. In adopting the budget the board of education shall correct any mistake in computing the estimates of the superintendent of schools, but shall not reduce the sums required for debt service or to meet a deficit of the preceding year, below the amounts actually necessary for such purpose, or increase the estimate of receipts from any source, except that it shall be the duty of the said board of education to adjust within the limits imposed upon the rate of taxation by Section 5, the sum to be raised by current taxes on property locally assessed, to any increase or decrease in the total expenditures authorized, assuming the rate of collection above provided, and in no event shall the total of expenditures authorized exceed the total of receipts estimated. Adoption of budget. c. LEVY AND COLLECTION OF TAXES. Upon the adoption of the budget the board shall proceed to determine, in accordance therewith and within the limits imposed on the rate of taxation by Section 5, the levy

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in mills on the dollar of the assessed value of all taxable property in the county as shown by the county digest for the year in which the levy is made, and certify the same forthwith to the Board of Commissioners of Roads and Revenues of Richmond County. It shall be their duty to make out an assessment and return of such tax against all the legal taxpayers of the county and furnish a copy of said assessment and return to the officer responsible for the collection of taxes in Richmond County whose duty it shall be to collect the said tax and deposit it to the credit of the county in the bank or banks designated as hereinafter provided. Levy and collection of taxes. d. NO EXPENDITURES EXCEPT IN ACCORDANCE WITH APPROPRIATIONS. The amounts authorized in the budget for expenditures for each object and activity shall be deemed to be appropriations therefor, and no expenditure shall be made or obligation to be paid from the county school fund incurred except in accordance with such appropriations. No purchase or contract shall be made or obligation incurred by the board of education or any officer or employee thereof until the treasurer of the board of education shall first certify that there is an unencumbered balance in the appropriation applicable thereto. No expenditures except in accordance with appropriations. e. TRANSFERS AND ADDITIONAL APPROPRIATIONS. Transfers from the appropriation for one activity or object, except from debt service, to another activity or object may be made at any time by the board, but a supplementary or additional appropriation shall not be made unless it is first certified by the treasurer of the board of education that there is an unappropriated and unencumbered cash surplus from which such appropriation can be made. Transfers and additional appropriations. f. THE COUNTY SCHOOL FUND, CUSTODY AND DISBURSEMENT. The county school fund shall consist of all moneys belonging to the Board of Education and not forming part of the permanent improvement fund or any trust fund and shall be kept in a bank or banks in Richmond County designated by the board, subject to any law of the State of Georgia relating to the deposit of public funds. The officer responsible for the collection of taxes in Richmond County shall deposit the

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proceeds of the annual tax levy made by the Richmond County Board of Education in the said bank or banks. A certificate of deposit from the bank shall constitute a sufficient receipt for all payments into such fund. Money shall be paid out of the county school fund only on orders signed by the president or vice-president and the treasurer of the Board of Education and based on vouchers or pay rolls signed by the superintendent of schools bearing the certificate of the treasurer of the Board of Education as provided in subsection d above. County school fund. Custody and disbursement. g. PERMANENT IMPROVEMENT FUND. The Richmond County Board of Education may include in the annual tax levy in addition to the fifteen mills herein-before authorized an additional tax of not more than two mills the proceeds of which shall be paid into a fund to be known as the Permanent Improvement Fund. The board may also at the end of any fiscal year appropriate any portion of its unencumbered cash surplus to the Permanent Improvement Fund. The treasurer of the Board of Education shall be the treasurer of said fund and may with the approval of the board invest the same in securities legal for the investment of trust funds. No money shall be expended from such fund except for the construction or reconstruction of school buildings or additions thereto or for the acquisition of land for school purposes and no such expenditure shall be authorized by the board by less than five affirmative votes. Permanent improvement fund. h. PROCEDURE IN LETTING CONTRACTS. The construction of new school buildings in all cases, and additions or repairs to old buildings or the purchase of supplies, materials or equipment where the cost of such additions; repairs, supplies, materials or equipment is in excess of one thousand dollars, shall not be undertaken except by advertising for bids three successive days in a daily newspaper published in Richmond County which advertisement shall state the time and place at which the secretary of the Board of Education will receive sealed proposals for the work or commodity in question. The bids shall be opened and read in public at the next meeting of the Board and the contract awarded to the lowest responsible bidder or all bids rejected and readvertisement ordered. The names of all bidders

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with the amount of their bids shall be kept permanently on file in the office of the secretary of the board and shall be open to public inspection during regular business hours. No member of the Board of Education shall participate in the action of the board in awarding a contract in which he is interested personally or as a member of a firm or majority stockholder or officer of a corporation. Procedure in letting contracts. i. The members of the Board of Education shall be individually, jointly and severally liable to the Board of Education to repay any amounts appropriated or expenses incurred in excess of said budget limits when present at the voting of the same, except such of them as vote in the negative and have their names so entered upon the minutes of said Board. Suit may be brought against the superintendent of schools and members of said board in any court of competent jurisdiction of this State by any resident of Richmond County, suing in the name of and for the use of the Board of Education, to recover amounts appropriated or expenses incurred in violation of this Act. Liability of members of Board on exceeding budget. j. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment of not more than six months or by a fine of not more than five hundred dollars or by both. Penalties. k. The superintendent of schools, the treasurer and the president and vice-president of the Board of Education shall furnish to the Richmond County Board of Education surety company bonds in such amount as the board may determine, conditioned upon the faithful performance of their duties. The premiums of such bonds shall be paid from the county school fund. Official bonds. Section I. The said Act approved August 23 1872, is further amended by striking out Section 8 thereof, heretofore repealed by an Act approved July 22, 1929 (Georgia Laws 1929, pages 703-708), and substituting in lieu thereof the following section, to wit: Section 8. TREASURER. The treasurer shall be appointed and removed by the board in the same manner as the superintendent of schools. He shall be an elector

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of Richmond County and shall have had experience in banking and accounting and need not give full time to the work of his office. He shall keep not only a record of all receipts of and disbursements from the county school fund, the permanent improvement fund and each other trust fund under the control of the Board of Education but shall also keep an appropriation ledger itemized in the same manner as the budget, in which he shall record all encumbrances and expenditures in respect of each such item. At least once each month he shall furnish to the superintendent and the board a statement showing estimated receipts for the current year from each source, actual receipts to the end of the preceding month and the balance to be collected, the amount of each appropriation, the expenditures from and encumbrances upon such appropriation for the preceding month and for the year to the end of the preceding month and the unexpended and unencumbered balance remaining. At the end of each fiscal year he shall furnish to the superintendent and the board a complete report on the financial transactions of the board for the year. New sec. 8. Treasurer. Qualifications and duties. Records and reports. Section J. Section 9 of the said Act approved August 23, 1872, is hereby amended by entitling the same SEPARATE SCHOOLS FOR WHITE AND COLORED CHILDREN and by striking out the words under the advice and assistance of the trustees in each ward or school district, so that the same shall read as follows: Sec. 9 amended. Section 9. SEPARATE SCHOOLS FOR WHITE AND COLORED CHILDREN. And be it further enacted, That the County Board of Education shall make all necessary arrangements for the instruction of the white and colored youth in separate schools; they shall provide the same facilities for each, both as regards school-houses and fixtures, attainments and abilities of teachers, length of term time, and all other matters appertaining to education, but in no case shall white and colored children be taught together in the same school. Separate schools for white and colored children. Section K. The said Act approved August 23, 1872, is hereby amended by striking out Section 10 thereof and substituting in lieu thereof the following section, to wit: Section 10. COMPULSORY ATTENDANCE. School

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attendance shall be compulsory for all children actually resident in Richmond County between their seventh and sixteenth birthdays; provided, that school attendance need not actually begin until the opening of the term of school next following the child's attainment of the compulsory age. Attendance upon a private school shall constitute compliance with the terms of this Act, provided that the Richmond County Board of Education is satisfied that the instruction given in such private school is equivalent to the instruction given in the public schools of the county. Excuses from attendance may be granted by the board upon the recommendation of the superintendent of schools in cases where the bodily or mental condition of the child does not permit his attendance at school or he is incapable of profiting substantially by further instruction and in such other cases as may be provided in the child labor laws of the State of Georgia. New sec. 10. Compulsory attendance. Any parent or guardian or other person having charge, custody or control of any child whose attendance upon school is required by this Act, who shall directly or indirectly cause, connive at, or be a party to the non-attendance upon school of such child, shall be guilty of a misdemeanor and shall be punished as provided in Section 27-2506 of the Code of Georgia. Penalties. For the purpose of enforcing the provisions of this Act relating to compulsory school attendance the Richmond County Board of Education may appoint upon the recommendation of the superintendent of schools such truant officer or officers as may be necessary. The board shall also have power to make rules and regulations for the purpose of giving effect to the purpose and intent of this section. Truant officers. Section L. Section 11 of the said Act approved August 23, 1872, as amended by an Act approved March 23, 1937, is hereby reenacted as follows: Sec. 11 re-enacted. Section 11. COMPENSATION OF BOARD OF EDUCATION. Be it further enacted that each member of the board shall be paid the sum of ten dollars for each meeting of the board that he attends; provided that no member shall be paid more than one hundred and twenty dollars in any one year. The president of the board shall

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be paid six hundred dollars a year in lieu of the per diem allowed each member and the vice-president three hundred dollars a year in lieu of the per diem allowed each member. Compensation, Board of Education. Section M. The said Act approved August 23, 1872, is hereby amended by striking out Sections 12 and 13, by renumbering Section 14 to be Section 12, by entitling such section COMPENSATION OF SUPERINTENDENT OF SCHOOLS, by striking out from said section the words county commissioner and by substituting therefor the words superintendent of schools so that the same shall read as follows: Secs. 12 and 13 stricken. Sec. 14 renumbered. Section 12. COMPENSATION OF SUPERINTENDENT OF SCHOOLS. Be it further enacted that the superintendent of schools shall receive for his services such compensation as the County Board of Education may from time to time prescribe, to be paid out of the county school fund in the same manner as other bills. New sec. 12. Compensation of Superintendent of Schools. Section N. The said Act approved August 23, 1872, is hereby amended by striking out Section 15 and by substituting in lieu thereof the following section, to be numbered Section 13, to wit: Sec. 15 stricken. Section 13. TENURE OF TEACHERS. As used in this section the word teacher shall include all persons employed as teachers, principals, supervisors or in any other educational position except the superintendent of schools. Teachers who have not been previously employed by the Board of Education shall be appointed to serve for not more than one year at a time until they have completed a probationary service of three full school years, provided that in the case of teachers with five years or more of teaching experience outside of Richmond County immediately preceding their appointment such probationary period may be reduced by the board on the recommendation of the superintendent of schools to one full school year. The employment of any teacher may be terminated by the board at the end of any school year during the probationary period on the recommendation of the superintendent if notice of such termination of employment is served on the teacher not later than the thirtieth day of March. All teachers reappointed after the expiration

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of the probationary period, including all teachers who prior to the effective date of this Act have been permanently elected as provided in an Act approved March 12, 1937 (Georgia Laws 1937, pages 1409-1413), shall have permanent tenure and shall be removable only because of physical or mental incapacity to carry on their work, failure to maintain satisfactory professional standards, conduct tending to bring discredit on the teaching profession or the public schools of Richmond County, wilful disobedience of the rules and regulations of the Board of Education or the lawful direction of the superintendent of schools. New Sec. 13. Tenure of teachers. Before removal on any of the above grounds the teacher shall be entitled to a clear statement in writing of the grounds of the proposed removal and an opportunity to be heard thereon before the Board of Education personally or by counsel which hearing shall be public at the option of the teacher. The president or vice-president of the board shall subpoena all witnesses requested by the teacher whose testimony would be pertinent to the matter in hand. After such hearing the decision of the Board of Education shall be final. The Board of Education may on the recommendation of the superintendent suspend any teacher against whom removal charges are pending. If the charges are not sustained the teacher shall be entitled to receive his salary for the period of such suspension. The Board of Education shall have power to make all rules and regulations consistent with the terms of this section necessary to give effect to the same and more particularly establishing professional standards which teachers must maintain. Nothing in this section shall be taken to limit the power of the Board of Education to assign teachers to their particular duties or to abolish any existing positions under its jurisdiction, provided that in determining what teachers to retain the board shall act on the recommendation of the superintendent who shall give the preference to teachers with permanent tenure. Removal of teachers. Section O. The said Act, approved August 23, 1872, is hereby amended by inserting a new section to be numbered Section 14 and to read as follows:

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Section 14. PAY PLAN. It shall be the duty of the Board of Education to adopt, after public hearing and within five months after the effective date of this Act, as hereinbefore provided, a pay plan for teachers as defined in Section 13 of this Act. This plan shall take effect as of the beginning of the school year 1948-1949. It shall establish a single pay schedule for men and women. It shall fix a minimum and maximum rate of pay for teachers entering the system without previous experience and shall allow regular increments of pay based on experience but no such increment shall be granted for experience alone after the fifth year of experience but further increments shall be based on further study, travel or other factors tending to improve professional standing. Separate ranges of pay may in the discretion of the Board of Education be provided for positions in the high and elementary schools and for positions involving supervisory or executive duties. The board shall have power to amend the pay plan from time to time, subject to the provisions of this section and after public hearing. For the school year 1947-1948 the pay schedule in force at the effective date of this Act shall continue in force unless amended by the Board of Education as above provided. New sec. 14. Pay plan. Section P. The said Act, approved August 23, 1872, is hereby amended by inserting a new section to be numbered Section 15 and to read as follows: Section 15. LEGAL ADVICE AND REPRESENTATION. The county attorney for Richmond County shall be ex officio the attorney for the Richmond County Board of Education without any further compensation than that received by him as county attorney. New sec. 15. Legal advice and representation. Section Q. The said Act, approved August 23, 1872, is hereby amended by striking out Section 16 thereof, renumbering Section 17 to be Section 16 and entitling said renumbered section DUTY OF TEACHERS TOWARD PUPILS so that the same shall read as follows: Sec. 16 stricken. Sec. 17 renumbered. Section 16. DUTY OF TEACHERS TOWARD PUPILS. And be it further enacted, that it shall be the duty of teachers conscientiously, to the utmost of their capacity, to instruct the youth committed to their care, imparting

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to them knowledge of the studies embraced in the curriculum of the school, instilling into their minds and hearts the eternal principles of right and truth, and endeavoring to inspire their natures with courage, love of country and reverence for the great and good. New sec. 16. Duty of teachers toward pupils. Section R. The said Act, approved August 23, 1872, is hereby amended by striking out Section 18 thereof, by renumbering Section 19 to be Section 17, entitling said amended section SCHOOLS EXCEPT JUNIOR COLLEGE FREE TO RESIDENTS OF RICHMOND COUNTY and inserting the words kindergarten and before high schools so that the same shall read as follows: Sec. 18 stricken. Sec. 19 renumbered. Section 17. SCHOOLS EXCEPT JUNIOR COLLEGE TO BE FREE TO RESIDENTS OF RICHMOND COUNTY. Be it further enacted by the authority aforesaid, that admission to all the public schools of the county, including kindergarten and high schools, shall be free to children, actual residents of Richmond County, but the Board shall charge such sums for tuition and incidental expenses in junior college as the board from time to time shall prescribe. New sec. 17. Schools free to residents of county. Section S. The said Act, approved August 23, 1872, is hereby amended by renumbering Section 20 to be Section 18 and by entitling said renumbered section APPLICATION OF GENERAL LAWS so that the same shall read as follows: Sec. 20 renumbered. Section 18. APPLICATION OF GENERAL LAWS. And be it further enacted, that no general law upon the subject of education, now in force in this State, or hereafter to be enacted by its General Assembly, shall be so construed as to interfere with, diminish or supersede the rights, powers and privileges conferred upon the Board of Education of Richmond County by this Act, unless it shall be so expressly provided by designating the said County and Board under their respective names. New sec. 18. Application of general laws. Section T. TERMINATION OF THE TERMS OF PRESENT MEMBERS OF THE COUNTY BOARD OF EDUCATION. The terms of all members of the county Board of Education of Richmond County at the effective date of this Act shall terminate on the second Saturday in January 1948. Terms of present members of Board.

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Section U. The Acts and portions of Acts described in the immediately following paragraphs number (1) through (18) shall be and the same are hereby repealed: Acts repealed. (1) An Act approved March 2, 1874, entitled An Act to alter and amend section three and section five of an act entitled an act to regulate public instruction in the county of Richmond, approved August 23, 1872, and for other purposes. (Georgia Laws 1874, pages 401-402). (2) An Act approved February 22, 1877, entitled An Act to amend an act entitled an act to regulate public instruction in the county of Richmond, approved August 23, 1872 (Georgia Laws 1877, page 347). (3) An Act approved December 24, 1888, entitled An Act to amend an Act entitled `An Act to regulate Public Instruction in the county of Richmond,' approved August 23, 1872, by providing for the election of three School Trustees from the fifth ward in the city of Augusta, who shall be members of the County Board of Education (Georgia Laws 1888, pages 330-331). (4) An Act approved August 16, 1907, entitled An Act to amend an Act entitled `An Act to regulate public instruction in the county of Richmond,' approved August 23, 1872, so as to establish, under certain conditions, a system of compulsory education, under and in connection with the system of public instruction provided for by said Act, and for other purposes (Georgia Laws 1907, pages 327-329). (5) An Act approved August 22, 1907, entitled An Act to amend an Act entitled `An Act to regulate public instruction in the county of Richmond approved August 23, 1872, by providing for the election of three school trustees from the 1660th district, G.M., of Richmond county, who shall be members of the county Board of education (Georgia Laws 1907, pages 329-330). (6) An Act approved August 17, 1914, entitled An Act to amend `An Act to regulate public instruction in the county of Richmond,' so as to require all persons intending to become candidates, at any regular election, for membership on the board of education of said county, 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

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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 (Georgia Laws 1914, pages 340-342). (7) An Act approved August 2, 1924, entitled An Act to amend an Act entitled `An Act to regulate public instruction in the County of Richmond,' approved August 23, 1872, by limiting the amount of tax that may be levied by the County Board of Education to a rate not to exceed one per cent. on the assessed Value of the taxable property in the county as shown by the county tax-digest of the year in which the levy is made, provided that said limitations shall not apply to the levying of such taxes as may be necessary to pay principal and interest of any bonded indebtedness incurred or which may hereafter be incurred by authority of an election held for the purpose of incurring such debt in conformity with an enabling Act or Acts of the General Assembly, and for other purposes (Georgia Laws, pages 367-368). (8) An Act approved August 6, 1924, entitled An Act to amend an Act entitled `An Act to regulate public instruction in the County of Richmond,' approved August 23, 1872, by striking from said Act the words which provide for the election of three trustees from each incorporated town or village outside of the City of Augusta and making the ordinary ex officio a member of the County Board of Education and for other purposes. (Georgia Laws 1924, page 369). (9) An Act approved August 6, 1924, entitled An Act to amend an Act entitled, `An Act entitled an Act to regulate public instruction in the County of Richmond,' approved August 23, 1872, by providing for the election of three school trustees from the five wards in the City of Augusta who shall be members on the County Board of Education;' and for other purposes (Georgia Laws 1924, pages 369-370). (10) An Act approved August 7, 1925, entitled An Act to amend an Act, approved August 2, 1924, entitled `An Act to amend an Act entitled `An Act to regulate public instruction in the County of Richmond', `approved August 23, 1872, by striking out the words `One per cent' in the fifth

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(5th) line of the caption of said Act, approved August 2, 1924, and in the sixth (6th) and ninth (9th) lines of Section 1 of said Act, approved August 2, 1924, and in lines five (5) and (8) of Section 16 of the Act approved August 23, 1872, as amended and set out in said Act, approved August 2, 1924; and substituting in lieu of the words so stricken, the figures and words `12 mills,' so as to raise the limit of the amount of tax that may be levied by the County Board of Education from a rate not to exceed one cent to a rate not to exceed 12 mills on the assessed value of the taxable property in the county, and for other purposes (Georgia Laws 1925, pages 741-743). (11) An Act approved August 23, 1927, entitled An Act to amend an Act approved March 2, 1874, and entitled `An Act to alter and amend section 3 and section 5 of an Act approved August 23, 1872, to regulate public instruction in the County of Richmond, `by providing that the term of office of the secretary of the County Board of Education shall be two years, beginning with the second Saturday in January, 1928, and extending to the second Saturday in January, 1930, and thereafter the term of office of the secretary of said board shall be two years; and for other purposes (Georgia Laws 1927, pages 648-649). (12) An Act approved July 29, 1929, entitled An Act to amend an Act to regulate the public instruction in the County of Richmond, approved August 23, 1872, so as to reduce the number of members of the county board of education so that it will consist of two representatives from each ward in the City of Augusta and one representative from each militia district located wholly or in part without the limits of the City of Augusta; to prescribe the qualifications and terms of office of the members of said board of education, and the time and manner of their election; to put the control of the expenditures of all funds of the said board into the board as a whole; to provide for the method of determining the length of school terms in rural schools; to terminate the tenure of office of certain of the present members of the board of education on the second Saturday of January, 1930; to prescribe the powers and duties of said board, and for other purposes. (Georgia Laws 1929, pages 703-708).

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(13) An Act approved July 22, 1929, entitled An Act to amend an Act entitled `An Act to amend an Act approved March 2, 1874, and entitled, `An Act to alter and amend Section 3 and Section 5 of an Act approved August 23, 1872, to regulate public instruction in the County of Richmond,' by providing that the term of office of the Secretary of the county board of Education shall be two years beginning with the second Saturday in January, 1928, and extending to the second Saturday in January, 1930, and thereafter the term of office of the secretary of said board shall be two years', by providing that the term of office of the secretary of the county board of Education shall be three years, beginning with the second Saturday in January, 1930, and thereafter the term of office of the secretary of said board shall be three years; and for other purposes. (Georgia Laws 1929, pages 709-711). (14) An Act approved March 23, 1937, entitled An Act to amend an Act entitled: `An Act to amend an Act to regulate public instruction in the County of Richmond, approved August 23, 1872, so as to reduce the number of members of the county board of education so that it will consist of two representatives from each ward in the city of Augusta and one representative from each militia District located wholly or in part without the limits of the City of Augusta; to prescribe the qualifications and terms of office of the members of said board of education, and the time and manner of their election; to put the control of the expenditures of all funds of the said board into the board as a whole; to provide for the method of determining the length of school terms in rural schools; to terminate the tenure of office of certain of the present members of the board of education on the second Saturday of January, 1930; to prescribe the powers and duties of said board, and for other purposes,' approved July 22, 1929, so as to refix the salary of the president of said board and to fix the salary of the vice-president of said board, and so as to refix the per diem of each member of said board exclusive of the president and vice-president thereof and to limit the amount each of such members of said board shall receive annually as a member of said board, and in so doing to strike from said amendatory Act Section 7 thereof and insert in lieu

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thereof another Section 7; and for other purposes (Georgia Laws, pages 1408-1409). (15) An Act approved March 12, 1937, entitled An Act to provide a teacher tenure for the Richmond County public-school system; to provide for those eligible for teaching therein; to provide for rules of probation; to provide terms of employment; to provide for assignment of work; to provide for rules and regulations of the board of education; to provide for rules and regulations of said teachers by the board of education, with the right to employ and change same by said board; and for other purposes (Georgia Laws 1937, pages 1409-1413). (16) An Act approved February 23, 1945, entitled An Act to amend an Act approved August 7, 1925 (Acts 1925, page 741, et seq.) entitled: `An Act to amend an Act approved August 2, 1924 (entitled `An Act to regulate public instruction in the County of Richmond', approved August 23, 1872, by striking out the words `one per cent' in the fifth (5th) line of the caption of said Act, approved August 2, 1924, and in the sixth (6th) and ninth (9th) lines of Section 1 of said Act, approved August 2, 1924, and in lines five (5) and eight (8) of Section 16 of the Act approved August 23, 1872, as amended and set out in said act, approved August 2, 1924; and substituting in lieu of the words so stricken, the figures and words `12 mills', so as to raise the limit of the amount of tax that may be levied by the County Board of Education from a rate not to exceed one cent to a rate not to exceed 12 mills on the assessed value of the taxable property in the county and for other purposes'); so as to strike in the 12th line the caption of said Act of 1925, in the printed Act, the figures and word, to-wit: `12 mills', and to insert in lieu thereof the figures and word, to-wit: `15 mills'; and so as to strike in the 15th line, in the printed Acts, of the caption of said Act of 1925 the following figures and word, to-wit: `12 mills' and to insert in lieu thereof the figures and word, to-wit: `15 mills'; so as to empower the fixing of a tax rate of 15 mills in addition to such taxes as may be necessary to pay the principal and interest of the bonded indebtedness of the County Board of Education as provided for in Section 16 of said Act, approved August 7, 1925; to amend said Act of 1925 in the body thereof to conform to said caption as amended;

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and for other purposes (Georgia Laws 1945, pages 787-790). (17) An Act approved March 6, 1945, entitled An Act to require the County Board of Education of Richmond County to provide for and establish an annual budget as to its anticipated income and expenditures; to regulate and control the expenditures of funds of said board of education; to provide for penalties for violations of this Act; to repeal laws in conflict herewith, and for other purposes (Georgia Laws 1945, pages 866-871). (18) And all other Acts or parts of Acts in conflict with this Act. Section V. SEVERABILITY. If any provision of this Act, or the applicability thereof to any person or circumstance is held invalid, the remainder of this Act and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby. Severability of provisions. Part invalid. Section W. ADOPTION, EFFECTIVE DATES. On the first Wednesday in May 1947 an election shall be held in Richmond County submitting to the qualified voters thereof as hereinafter provided the question of the adoption of the provisions of this Act. Said elections shall be held in the same manner as elections for county officers are now held in said county and under the same laws, including sections 34-1914 and 34-1915 of the Code of Georgia, except as provided in this section. The expense of holding said election shall be borne by the Richmond County Board of Education which shall make provision for paying the same. On that portion of the official ballot used in said election which the voter marks shall be printed the words For school board revision act and immediately thereunder the words Against school board revision act. Those favoring the adoption of this Act shall mark out or strike the words Against school board revision act. Those opposing the adoption of this Act shall mark out or strike the words For school board revision act. This section shall take effect immediately, and if the majority of the votes cast at said election be in favor of the adoption of this act, then the further provisions of this Act shall take effect as follows: for the purpose of nominating and electing members of the Richmond County Board of Education, this Act shall take

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effect immediately upon such adoption; and for all other purposes it shall take effect on the second Saturday in January 1948. Referendum. Effective date. Approved February 26, 1947. FEES OF CORONERS AND JURORS AT INQUESTS IN CERTAIN COUNTIES. Code 21-105. No. 34 (House Bill No. 123). An Act to amend Section 21-105 of the Code of Georgia of 1933 so as to provide for an increase in the fees of Coroners in counties having a population of not less than 14,490 and not more than 14,500, according to the United States census of 1940, or any future United States census, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 21-105 of the Code of Georgia of 1933 be, and the same is hereby amended by adding to said section the following words: 21-105 amended. In all counties of this State having a population of not less than 14,490 and not more than 14,500 according to the United States census of 1940, or any future census, the Coroner's fees for summoning an inquest on a dead body and returning an inquisition shall be ten dollars ($10.00) in lieu of the fee now allowed by law for said service. Jurors at inquest, two dollars ($2.00). Fees of Coroner and jurors for inquest. Section 2. This act shall become effective and of force upon approval of the Governor. Date effective. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 26, 1947.

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VACANCIES IN OFFICE OF COMMISSIONERS OF ROADS AND REVENUES. Code 23-801. No. 35 (House Bill No. 42). An Act to Repeal Section 801 of Chapter 23, of the Code of Georgia and to substitute a new Section bearing the same number in lieu 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 Section 8 of Chapter 23, of the Code of Georgia of 1933, which reads as follows Where a vacancy occurs in the office of Commissioner of Roads and Revenues in any County in which the special act creating a Board of Commissioners of Roads and Revenues for said County makes no provision for succession to fill such vacancy, the Judge of the Superior Court of the County shall have power to appoint a successor to fill the unexpired term 23-801 repealed. be, and the same is hereby repealed, and in lieu thereof there be adopted, prescribed and substituted the following 23-801 Vacancies in Office of Commissioners.When a vacancy occurs in the office of Commissioner of Roads and Revenues in any County in which the special act creating a Board of Commissioners of Roads and Revenues for said County makes no provision for succession to fill such vacancy, and the unexpired term of office exceeds six months in duration, it shall be the duty of the Ordinary of any such County to call a special election to elect a successor and fill said vacancy in not less than twenty nor more than thirty days, said election to be held as provided by existing laws governing all special elections and the cost of same to be defrayed by the proper county authorities. In the event the unexpired term to be filled is less than six months in duration, the Judge of the Superior Court of the County shall have power to appoint a successor to fill the unexpired term. New section. Special election. Appointment by Judge of Superior Court. Section 2. Be it further enacted by the authority aforesaid that any and all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 26, 1947.

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SOPERTON CORPORATE LIMITS CHANGED. No. 36 (House Bill No. 47). An Act to amend an Act of the General Assembly of the State of Georgia, approved August 17, 1920, entitled an Act to Incorporate the City of Soperton in the County of Treutlen, formerly Montgomery County, Georgia, to define the corporate limits of the City of Soperton, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Charter of the City of Soperton heretofore granted by the General Assembly of Georgia (Acts of the General Assembly 1920, pages 1511 to 1530) be amended as follows: Section 1. That Section 1 of said Charter commencing on the 10th line thereof and continuing through the 14th line thereof reading as follows: Beginning at the Macon, Dublin and Savannah R. R. Company's depot in said town and extending three-quarters of a mile from said depot in every direction, or the boundaries as defined by said Act incorporating said Town of Soperton, or any Acts amendatory thereof, be repealed and stricken from said Charter, and that the following paragraph or lines be substituted in lieu thereof, to-wit: Beginning at the center of the concrete marker now permanently established on the western side of Second Street in said City of Soperton (which marker is Thirteen and one-half (13) inches in diameter and on which the words Center of Soperton are inscribed), which marker designates the point or site on which the depot of the Macon, Dublin and Savannah Railroad Company was formerly situated, and extending therefrom one (1) mile in every direction. Act of 1920, sec. 1, amended. Boundaries. Section 2. That Section 2 of said Charter reading as follows: Be it further enacted, That the starting point from which the boundaries of said City shall be measured is beginning at the Macon, Dublin and Savannah Railroad Company's depot, be repealed and stricken from said Charter, and that the following paragraph be substituted in lieu thereof and made Section 2 of said Charter, to wit: Sec. 2 stricken. Section 2. Be it further enacted, That the starting

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point from which the boundaries of said City of Soperton shall be measured is the center of the concrete marker now permanently established on the western side of Second Street in said City designating the point or site on which the depot of the Macon; Dublin and Savannah Railroad Company was formerly situated, said concrete marker being 13 inches in diameter, on which marker the words Center of Soperton are inscribed. New section. Boundaries. Section 3. That Section 3 of said Charter reading as follows: Be it further enacted, That the boundaries of said City shall be as follows: Beginning at said starting point and extending three-quarters of a mile in every direction, be repealed and stricken from said Charter, and that the following paragraph be substituted in lieu thereof and made Section 3 of said Charter, to wit: Sec. 3 stricken. Section 3. Be it further enacted, That the boundaries of said City of Soperton shall be as follows: Beginning at said starting point and extending One (1) mile in every direction. New section. Boundaries. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 26, 1947. COLQUITT CHARTER AMENDMENTACTS REPEALED AND RE-ENACTED. No. 37 (House Bill No. 153). An Act to repeal an Act passed by the General Assembly of Georgia, for the year 1946, and approved the 31st day of January, 1946, entitled: 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 Stateof 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

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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 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,

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by striking from Section 11 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; and to re-enact and restore Section 11 (eleven) of the Acts of the General Assembly of Georgia, for the year 1915, which Act was approved on August 7, 1915, and found in Georgia Laws for the year 1915, page 534 to 567 inclusive, and for other purposes. Section 1. Be it Enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act passed by the General Assembly of Georgia, for the year 1946, and approved 31st day of January, 1946, entitled 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

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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 systems of said city, for street improvements, 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 Section 11 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 and the same is hereby repealed. Act of 1946 repealed. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same that Section 11 (eleven) of the Acts of the General Assembly for the year 1915, which Act was approved on August 7, 1915, and found in Georgia Laws for said year, on pages 534 to 567 inclusive, is hereby restored to the Acts of 1915, as originally passed by the General Assembly of Georgia for said year, and said section is to read as it originally read in said original Act of 1915, pages 534 to 567 inclusive, and said Section 11 (eleven) hereby restored and

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re-enacted, is found on pages 544 and 545 of Georgia Laws for the year 1915. Sec. 11, act of 1915, restored and re-enacted. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved February 26, 1947. COLQUITTLIVESTOCK RUNNING AT LARGE, IMPOUNDING. No. 38 (House Bill No. 152). An Act to amend an Act, approved March 27, 1941, (Georgia Laws 1941, pages 1272-1275), entitled An Act to prohibit livestock running at large within the corporate limits of the City of Colquitt, Miller County, Georgia; to provide for the impounding of said livestock; to provide regulations, procedures, and changes relative to the impounding and sale thereof: to provide duties; to repeal conflicting city ordinances and State laws; and for other purposes, so as to change the maximum fees for impounding said livestock to not exceeding 50c per head; to change the maximum fee for feeding said livestock to not exceeding 50c per day per head; to provide for the disposition of the money derived from the impounding fees, and feeding of said livestock; to change the place of sale for animals impounded, to the pound pen in the City of Colquitt; to repeal conflicting city ordinances and State laws; and for other purposes. Be it enacted by the General Assembly of Georgia; Section 1. That section 2 of the Act approved March 27, 1941, (Georgia Laws 1941, pages 1272-1275), providing the maximum fees for impounding said livestock and the feeding thereof, be and the same is hereby stricken and repealed in its entirety and a new Section 2 inserted in lieu thereof, and to read as follows: Act of 1941 amended. Section 2. That all of said animals enumerated in Section 1, found running at large in the City of Colquitt, may be impounded; provided, however, the fee for impounding

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pounding a hog, cattle, horse, mule, ass, sheep, or goat, shall not exceed fifty cents (50c). Provided further that no bill for feeding such impounded animals, shall be allowed until a period of one (1) day has elapsed from the date said animal was impounded. Provided further that after the expiration of one (1) day, not more than fifty cents (50c) per day be charged for feeding any hog, sheep, goat, cattle, horse, mule or ass, which have been impounded. Provided further that all money derived from impounding fees and feeding of said livestock, be placed in the general fund of the city of Colquitt, Georgia. New sec. 2. Livestock, imponding, fees, feeding. Section 2. That Section 4 of said Act be, and the same is hereby amended by striking the first two sentences from said section, which reads as follows: Sec. 4 amended. All sales for impounded animals in the City of Colquitt, shall be held only on Saturday afternoons between the hours of three and four o'clock, and the said sales shall be held in front of the courthouse door in the City of Colquitt. Provided that the impounded animals which are to be offered for sale, must be present in front of the courthouse at the time when sold, so that they may be examined by the public, And inserting in lieu thereof, the following provisions: All sales for impounded animals in the City of Colquitt, shall be held only on Saturday afternoon, between the hours of three and four o'clock, and the said sales shall be held at the Pound pen in the City of Colquitt, where said livestock may be examined by the public. So that said section, when amended, will read as follows: Section 4. All sales for impounded animals in the City of Colquitt, shall be held only on Saturday afternoon, between the hours of three and four o'clock, and the said sales shall be held at the Pound Pen in the City of Colquitt, where said livestock may be examined by the public; provided also that no official or employee of the City of Colquitt shall be allowed to bid or to buy impounded animals at such sales, in his own right, but such officials or employees of the City of Colquitt, may bid at such sales and buy such impounded animals in

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the name of and for the City of Colquitt, Georgia; provided that no official or employee shall bid more than the amount of money involved in the impounding fee and feed bill for any such impounded animal; provided further that all money derived from such sales in excess of the impounding fee and feed bill, shall be placed in a special fund to be there kept and paid to the owner of such stock; provided that he claims the same within a period of twelve months from the date of such sale; and provided further that if said fund is not claimed by the owner of such stock at the expiration of twelve months from the date of such sale, then these funds shall become a part of the general fund of the City of Colquitt, Georgia. Sales of animals. Proceeds. Section 3. If any part of this Act should be declared invalid, by a court of competent jurisdiction, such fact shall not invalidate the remaining part of this Act. If part invalid. Section 4. All resolutions, bylaws or ordinances of the City of Colquitt in force at the time of the passage of this Act, or which may be passed or adopted by the Mayor and Council of said City of Colquitt, subsequent to the passage of this Act, which are in conflict with any provisions hereof, be and the same are hereby, repealed and declared to be wholly null and void. Conflicts with Act. Section 5. All laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved February 26, 1947. McINTOSH COUNTY COMMISSIONERS. No. 39 (House Bill No. 110). An Act to amend the Act of February 26, 1876, creating Commissioners of McIntosh County, as amended by an Act approved July 31, 1913, so as to have said Commissioners elected for a term of two years; to create Commissioner Districts; to provide for qualifications of Commissioners; to provide nomination of candidates from such Districts; and for other purposes. That all creations, provisions and purposes of this Act are hereby declared to be mandatory and not merely directory.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Acts of 1876 and 1913 amended. Section 1. That there shall be five (5) Commissioner Districts in McIntosh County as follows: (a) District Number One (1) shall consist of the County at Large; (b) District Number Two (2) shall consist of the City of Darien, being the 1771st Militia District and also all of the 271st Militia District; (c) District Number Three (3) shall consist of the 1514th Militia District and all of the 1480 Militia District except that part lying north of the South Newport-Jones road and east of the Seaboard right-of-way; and any part of the 1515th Militia District lying west of the Coastal Highway; (d) District Number Four (4) shall consist of the 22nd Militia District and that part of the 1480 Militia District lying north of the South Newport-Jones Road and east of the Seaboard Railroad right-of-way; (e) District Number Five (5) shall consist of the 1312 Militia District and all of the 1515 Militia District lying east of the Coastal Highway. Commissioner Districts. Section 2. Be it further enacted by the authority aforesaid, that the term of office of each Commissioner shall be for two (2) years. The Commissioner elected from each District shall have been a resident of said District at least twelve months before the election. The Commissioner elected from each District must be a freeholder of McIntosh County and the instrument by which he or she holds title to the property owned must be recorded on the records of McIntosh County (in the Office of the Clerk of the Superior Court) by the time of the General Election preceding his or her taking of office. In any primary or general election for the nomination or election of candidates of a political party for Commissions of McIntosh County the candidates shall be nominated from the District in which they reside and voted for and elected by the voters of the District in which they reside; except the candidate from (a) District Number One (1) shall be nominated from the County at large and elected by the voters of the entire County. Commissioners. Term, qualifications. Elections. Section 3. Be it further enacted by the authority aforesaid that the Commissioners nominated at the next primary or primaries and elected at the next general election shall

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begin the performance of their duties of Office as of January 1, 1949. When term begins. Section 4. That all Laws and parts of Laws in conflict herewith be and the same is hereby repealed. Approved February 26, 1947. BARROW COUNTY TREASURER ABOLISHEDDEPOSITORYPUBLIC FUNDS. No. 40 (House Bill No. 14). An Act to abolish the office of the County Treasurer of the County of Barrow; to provide for the creation of a depository for said county; to provide the manner and authority by which said depository shall be designated and appointed; to provide for the receiving and disbursing of the public funds of said county, and to authorize the payment of the premium on bond given by the depository; and for 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 office of County Treasurer for the County of Barrow be, and the same is hereby abolished on and after the first day of January, 1949. Treasurer's office abolished. Section 2. That the Board of Commissioners of Roads and Revenues for the County of Barrow are hereby authorized and required to appoint some chartered bank of said county as depository of the county funds of said county, in which the county funds of said county shall be deposited and through which they shall be disbursed in like manner as such funds are now deposited and disbursed through the office of County Treasurer, and said depository shall have all the powers and perform all the duties heretofore performed by the County Treasurer. County depository. Section 3. That the said Board of Commissioners of Roads and Revenues of said county are hereby authorized and required to appoint a depository for said county at the first meeting of said Board of Commissioners held on or after the first day of January, 1949. The depository so

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appointed by said Board shall serve as a depository of said county at the pleasure of said Board, and until said appointment is revoked or a new depository is designated by said Board or its successors. Said Board of Commissioners may at any time revoke the appointment for cause, and should said appointment be revoked, or should said bank resign from said appointment, or for any reason become unable to act as such depository, said Board of Commissioners shall have the power to fill such vacancy. Appointment. Continuance. New depository. Section 4. That each depository so selected shall qualify by giving bond with good security in an amount required by law of county treasurers, to be approved by the Board of Commissioners of Roads and Revenues of said county. The County Treasurer, whose office is hereby abolished, shall immediately after the appointment and qualification of the depository, turn over to said depository all funds belonging to the county, and all books, papers and records of his office. Bond. Treasurer's deliveries to depository. Section 5. That said depository shall receive no compensation, but the Board of Commissioners of Roads and Revenues are hereby authorized in their discretion to pay the premium on the bond required of said depository out of county funds. No compensation. Bond premium. Section 6. That in the event no chartered bank will accept the appointment as county depository for said county, as provided for in this Act, then said Board of Commissioners of Roads and Revenues are hereby authorized and required to appoint and designate the clerk of their board, or some other person of the county, to discharge all of the acts, duties and requirements relating to county funds and property, and other duties of the treasurer, such clerk or other party to give bond with good security in the amount required by law of county treasurers. Such clerk or other party shall in such event perform all the duties heretofore performed by the county treasurer. The said clerk, or such other person, shall receive no compensation for the performance of such duties, but the Board of Commissioners shall pay the premium on the bond required of said clerk or other person. In no event shall said Board of Commissioners of said county have authority to so name and designate said clerk, or other person, to so act unless

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there shall be a failure in their securing some chartered bank to act as county depository as aforesaid. If no depository. Performance of fiscal duties. Section 7. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 26, 1947. WEST POINT SALES OF PROPERTIES. No. 41 (House Bill No. 115). An Act to authorize the Mayor and Aldermen of the City of West Point to grant, bargain and sell, upon such terms and for such sum as may be agreed upon by the authorities of said municipal corporation, certain property described as follows, to-wit: Property located in West Point, Troup County, Georgia, bound on the weAn Act to authorize the Mayor and Aldermen of the City of West Point to grant, bargain and sell, upon such terms and for such sum as may be agreed upon by the authorities of said municipal corporation, certain property described as follows, to-wit: Property located in West Point, Troup County, Georgia, bound on the west by First Avenue, on the east by the Chattahoochee River, on the north by Atlanta and West Point Railroad right-of-way and on the south by West 8th Street; also property known as the Auditorium Property; also all that tract or parcel of land lying and being in the City of West Point, containing 7.55 acres, more or less, and being more particularly shown by plat of survey made by J. E. Stanley, Jr.; and also property lying south of the main track of the Atlanta and West Point Railroad between survey stations 4166 plus 29.3 and 4166 plus 71.3 and being shown in red color on blue print map number 214/29 dated November 19, 1943, all of which land is more particularly hereinafter described; to ratify and affirm any previous sale of any of said 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 Mayor and Aldermen of the City of West Point, a municipal corporation of said State, be and they are hereby authorized and empowered to grant, bargain and sell the following described property, or any part thereof, upon such terms and for such sum as may be agreed upon by said authorities, to-wit: Sales authorized.

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Property bound on West by First Avenue, on the East by the Chattahoochee River; on the North by the Atlanta West Point Railroad Right-of-Way and on the South by West 8th. Street and located in the City of West Point, Troup County, Georgia. Property bound on North by W-8th. Street, on the East by the Chattahoochee River, on the West by First Avenue and said Property being commonly known as The Auditorium Property located in the City of West Point, Troup County, Georgia. Properties described. All that tract or parcel of land lying and being in the City of West Point, Troup County, Georgia, described as beginning at a point which is ascertained as follows; From the Southwest corner of Land Lot No. 284, Fifth District, Troup County, Georgia, run North along the West line of said Lot 580 feet, more or less to the South boundary line of the Right-of-Way of the Atlanta West Point Railroad, which is the point of beginning of the tract here to be described; from said beginning point run North 70 degrees and 30 Minutes East, along the aforesaid Railway Right-of-Way line 863.7 feet; thence Southeasterly with an interior angle of 90 degrees with the last described line 100 feet; thence North 70 degrees and 30 minutes East 453.5 feet more or less to the Westerly margin of Avenue E; thence in a Southwesterly direction along the Westerly margin of said Avenue E (being a portion of the paved highway between West Point, Georgia and LaGrange, Georgia 806.7 feet thence North 82 degrees West 820.5 feet to a point a few feet westerly of the West Boundary line of the aforesaid Land Lot 284; thence North 3 degrees and 45 Minutes East 155 feet more or less, to the point of beginning; containing 7.55 acres more or less; said tract of land being more particularly shown by plat of a survey thereof made by J. E. Stanley, Jr. Beginning at the Southwest corner of the Section House Lot conveyed to the Atlanta and LaGrange Rail Road (now the Atlanta and West Point Rail Road Company) by the West Point Land Company under deed dated August 7th, 1855, and recorded in Book S at page 338; thence Easterly, parallel with the center line of the Main track of said Railroad Forty-two feet (42[prime]); thence northerly and at right angles One Hundred feet (100[prime]) to a point

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Fifty feet (50[prime]) south of, measured at right angles to, said center line of main tract; thence Westerly and parallel with said cneter line of main track Forty-two feet (42[prime]); thence Southerly and at right angles One Hundred feet (100[prime]) to the point of beginning. The above described property lying South of the Main track between Survey Stations 4166 plus 29.3 and 4166 plus 71.3 and being shown colored in red on attached blue print map number 214/29 dated November 19, 1943. Section 2. Be it further enacted that any sale of any of the property herein described, or any part thereof, made by the City of West Point prior to the passage of this Act be and the same is hereby ratified and affirmed as a good and valid sale of the same. Prior sales ratified. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1947. ADEL CHARTER AMENDMENTS. No. 42 (Senate Bill No. 27). An Act to amend an Act, approved July 29, 1919, creating and establishing a new Charter and municipal government for the City of Adel, in the County of Cook, and the several Acts amendatory thereof so as to change the length of the term of office of the Mayor and Council for said City, and to provide for the time said terms of office begin, and the time of election therefor. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that an Act approved July 29, 1919, creating and establishing a new Charter and municipal government for the City of Adel, in the County of Cook, and the several Acts amendatory thereof, be and the same is hereby amended as follows: Act of 1919 amended. Section II. That Section 4 of said Charter of the City of Adel (Georgia Laws 1919, page 795) be amended by changing the term of office which the Mayor and five councilmen

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of the said City of Adel shall hold from one year to two years, so that said section as amended shall read as follows: Sec. 4. Section 4. Be it further enacted, that the municipal government of said city shall consist of a mayor and five councilmen, a secretary and treasurer, both of which last named offices may be filled by the same person or by different persons; and whether the said offices be filled by the same person or by different persons, there shall be a bond given of such sum as may be prescribed by council for each of said offices, payable to the City of Adel; all of whom except the secretary and treasurer shall be elected on the day fixed by ordinance. All of which officers shall hold their office for a term of two years, and until their successors are elected and qualified; each of whom shall take an appropriate oath provided by ordinance before entering upon the duties of their respective offices, which may be administered by any person authorized to administer oaths under the laws of this State; that the council may elect or appoint such other subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in pursuance of the rights and powers herein conferred, or which are already in existence, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be lawful officers of this State and the City of Adel. All such subordinate officers shall hold their offices at the will of the council, and receive such salary as may be fixed by the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties, and shall give such bond as the council may require. Term of office, Mayor and Councilmen. Other officers. Section III. That Section 5 of said Charter of the City of Adel (Georgia Laws 1919, page 796) be amended by striking said Section 5 in its entirety, and inserting in lieu thereof a new Section 5 which shall be read as follows: Sec. 5 stricken. Section 5. Be it further enacted that an election shall be held on the third Wednesday in October, 1947, and annually thereafter. At the election to be held on the said third Wednesday in October, 1947, a Mayor and five councilmen shall be elected. The Mayor and

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the two councilmen receiving the highest number of votes shall hold their respective offices for a term of two years from the date of their said election or until their successors are elected and qualified, and the three councilmen receiving the next highest number of votes shall hold their respective offices for a term of one year from the date of their election and until their successors are elected and qualified. On the third Wednesday in October of each succeeding year, an election shall be held to elect the successors to those above named officers whose term expires on the date of said election; said election to be held under the laws of said State applicable, and under such further rules and regulations as may be by ordinance adopted; the date of holding such election may be changed by ordinance, provided such change does not effect to lengthen the terms of office of the officers of said City of Adel at the time the change is made; the day of election may be changed, but the term of office of all officers of said City shall be for the term of two years except as above specified, and until their successors are elected and qualified, except in case of election to fill a vacancy, in which case it shall be until the completion of the term of the office in which the vacancy occurred. New section. Elections. Section IV. That Section 6 of said Charter of the City of Adel (Georgia Laws 1919, page 796) be amended by deleting therefrom the phrase after their election and qualification, and inserting in lieu thereof the phrase after the regular annual election of councilmen, so that said section as amended shall read as follows: Sec. 6. Section 6. Be it further enacted, that at the first meeting of the councilmen, after the regular annual election of councilmen, they shall elect one of their number as mayor pro tem, who shall be the presiding officer of said city council at all deliberations, and he shall be allowed a vote on all questions, whether there be a tie or not, and who shall also, in the absence or disqualification of the mayor, exercise all the functions of the office of the mayor in all and every particular whatever; and all duties, powers, rights, and privileges conferred by this charter on the mayor of said City of Adel, may, and shall be exercised by the mayor pro tem in the

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absence or disqualification of the mayor, without being especially conferred on the mayor pro tem by this charter; that the council, including the mayor pro tem, shall constitute the legislative body of said city; any three of whom shall constitute a quorum for the transaction of all business but no ordinance shall be declared passed and become the law of the said city unless it receives at least three votes in favor of its passage. Mayor Pro Term. Council. Procedure. Section V. That Section 8 of said Charter of the City of Adel (Georgia Laws 1919, page 797) be amended by deleting therefrom the phrase until the next regular election thereafter and inserting in lieu thereof the phrase until the next regular election for the office in which the said vacancy occurs, so that said section, as amended, shall read as follows: Sec. 8. Section 8. Be it further enacted, that if any vacancy should occur in any of the offices provided for in this charter, the council or a majority of them, shall order an election to fill such vacancy, and the person or persons so elected shall hold their offices until the next regular election for the office in which said vacancy occurs and until their successors are elected and qualified. Removal beyond the limits of said city, or conviction of a crime involving moral turpitude, in any of the courts of said State, shall vacate the office of the person so removing or convicted. Vacancies. Section VI. Be it further enacted that all laws or parts of laws in conflict with this amendment be and the same are hereby repealed. Approved February 26, 1947. ATHENS CIVIL SERVICE COMMISSION. No. 43 (House Bill No. 144). An Act to amend an Act entitled An Act to amend the Charter of the town of Athens and the various Acts amendatory thereof, approved August 24, 1872, specifically Section 2 of the Act approved July 31, 1918, amending the Act of August 24, 1872, by striking the

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entire Section 2 of said Act, and substituting the following in lieu thereof: Section 2. Civil Service Commission Election and Qualifications. That the mayor and council of the City of Athens shall elect five (5) registered electors of the City as a Civil Service Commission, one from each ward, and the term of office of each member shall be four (4) years; provided, that the term of office of the incumbents at the time of the passage of this Act shall not be reduced and their successors, when elected, shall enter upon a term of office of four (4) years. It is further provided that the two vacancies created by this Act shall not be filled until September 1, 1947, and the term of office of the Commissioners elected at that time shall be for four (4) years. Members of the Civil Service Commission shall not hold any other office, elective or otherwise under the City of Athens or the County of Clarke. Any vacancy on the Civil Service Commission for the City of Athens that may be created because of the death, resignation, disability, or the removal of a member from the ward from which he is elected, shall be filled by election by the mayor and council for the unexpired term; and by striking Section 4 in its entirety and substituting a new Section 4 in lieu thereof; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 2 of the Act approved July 31, 1918, entitled An Act to amend the Charter of the town of Athens and the various Acts amendatory thereof, so as to provide a Civil Service Commission for the City of Athens, and for other purposes, be, and the same is hereby amended by striking the entire Section as found in pages 528, 529, Georgia Laws 1918, and by inserting in lieu thereof the following which shall read as follows: Act of 1918 amended. Sec. 2. Sec. 2. CIVIL SERVICE COMMISSION ELECTION AND QUALIFICATIONS. That the Mayor and Council of the City of Athens shall elect five (5) registered electors of the City as a Civil Service Commission, one from each ward, and the term of office of each member shall be four (4) years; provided, that the term of office of the incumbents at the time of the passage

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of this Act shall not be reduced and their successors, when elected, shall enter upon a term of office of four (4) years. It is further provided that the two vacancies created by this Act shall not be filled until September 1, 1947, and the term of office of the Commissioners elected at that time shall be four (4) years. Members of the Civil Service Commission shall not hold any other office, elective or otherwise under the City of Athens or the County of Clarke. Any vacancy on the Civil Service Commission for the City of Athens that may be created because of the death, resignation, disability, or the removal of a member from the ward from which he is elected, shall be filled by election by the Mayor and Council for the unexpired term. Civil Service Commission. Election. Term. Disqualification. Vacancies. Section 2. Be it further enacted that the above aforementioned Act in Section 1 be, and the same is hereby amended by striking the entire Section 4 thereof which reads as follows: Section 4. Salaries of Chairman and Members of Commission. The chairman of the commission shall receive a salary not to exceed $300.00 per annum nor to be less than $200.00 per annum, payable monthly. The other members of the commission shall receive salaries not to exceed $200.00 per annum for each commissioner. All of said salaries to be fixed by the mayor and council of the City of Athens, Sec. 4 stricken. and by inserting in lieu thereof the following: Section 4. SALARIES OF CHAIRMAN AND MEMBERS OF COMMISSION. The chairman and the members of the Civil Service Commission shall receive, as compensation for their services, the same salary paid to councilmen of the City of Athens. New section. Compensation. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 27, 1947.

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ATHENS CIVIL SERVICE COMMISSIONREFERENDUM. No. 44 (House Bill No. 146). An Act to amend an Act entitled An Act to amend the charter of the town of Athens and the various Acts amendatory thereof, approved August 24, 1872, so as to provide a Civil Service Commission for the city of Athens, to place the fire department and police department of said city under the said Commission, to provide for the personnel of said Commission, for the rules and regulations governing said Commission, approved July 31, 1918, by striking therefrom Sections 2 and 4, which Sections provide for the election, term of office, method of filling vacancies, and salaries, and to substitute in lieu thereof the following Sections: Section 2. Civil Service Commission Election and Qualifications.That there shall be a Civil Service Commission composed of five (5) commissioners, one from each ward of the city of Athens. The term of office for each commissioner hereafter elected shall be for a period of four (4) years. The term of office of the incumbent commissioners shall be and is hereby extended to expire on December 31st of the year in which his term of office would otherwise expire on August 31st. Election of Commissioners shall be by the qualified voters of the entire city of Athens. The two commissioners added by this Act shall be elected in the December election of 1947 and shall take office on January 1, 1948. All commissioners shall hold office until his successor is elected and qualified and successors shall be elected in the December city election of the year in which the term of the incumbent shall expire. Any vacancy created on the Civil Service Commission by death, resignation, disability, removal of a Commissioner from the ward in which he was elected, or otherwise, shall be filled by appointment by the city council who shall appoint a commissioner from the ward entitled to fill such vacancy and the commissioner appointed to fill such vacancy shall serve until the next regular city election at which time a commissioner shall be elected to serve the unexpired term, provided the vacancy is created more than thirty (30) days prior to the regular

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city election. If a vacancy is created not less than thirty (30) days prior to the regular city election, the commissioner appointed by the city council shall serve until the election held in the following year. When any vacancy occurs on the Civil Service Commission, the council shall appoint a successor within ten (10) days from the date the vacancy was created; Section 4. Salaries of Chairman and Members of the Civil Service Commission. The chairman and the members of the Civil Service Commission shall receive, as compensation for their services, the same salary paid to councilmen of the city of Athens; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, the Act entitled An Act to amend the charter of the town of Athens and the various Acts amendatory thereof, approved August 24, 1872, so as to provide a Civil Service Commission for the city of Athens, to place the fire department and the police department under the said Commission, to provide for the personnel of said Commission, and for rules and regulations governing said Commission, and for other purposes, approved July 31, 1918, be and the same is hereby amended by striking therefrom the entire Section 2 which reads as follows: Act of 1918 amended. Section 2. Civil Service Commission Election and qualifications. That the mayor and council of the City of Athens shall elect three registered electors of the city as a civil service commission, one to serve for two years, one for four years and one for six years, to take office September 1, 1918, or as soon thereafter as elected and qualified. Thereafter the members of the civil service commission shall be elected to serve for six years and until their successors have been elected and have qualified. Members of the civil service commission shall not hold any other office, elective or otherwise, under the city of Athens or the County of Clarke. Any vacancy in said commission shall be filled by the mayor and council for the unexpired term, and by inserting in lieu thereof the following: Sec. 2 stricken. Section 2. CIVIL SERVICE COMMISSION ELECTIONS

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AND QUALIFICATIONS. That there shall be a Civil Service Commission composed of five (5) commissioners, one from each ward of the city of Athens. The term of office for each commissioner hereafter elected shall be for a period of four (4) years. The term of office of the incumbent commissioners shall be and is hereby extended to expire on December 31st of the year in which his term of office would otherwise expire on August 31st. Election of Commissioners shall be by the qualified voters of the entire city of Athens. The two commissioners added by this Act shall be elected in the December election of 1947 and shall take office on January 1, 1948. All commissioners shall hold office until his successor is elected and qualified and successors shall be elected in the December city election of the year in which the term of the incumbent shall expire. Any vacancy created on the Civil Service Commission by death, resignation, disability, removal of a commissioner from the ward in which he was elected, or otherwise, shall be filled by appointment by the city council who shall appoint a commissioner from the ward entitled to fill such vacancy and the commissioner appointed to fill such vacancy shall serve until the next regular city election at which time a commissioner shall be elected to serve the unexpired term, provided the vacancy is created more than thirty (30) days prior to the regular city election. If a vacancy is created less than thirty (30) days prior to the regular city election, the commissioner appointed by the city council shall serve until the election held in the following year. When any vacancy occurs on the Civil Service Commission, the council shall appoint a successor within ten (10) days from the date the vacancy was created. New section. Civil Service Commission. Qualifications. Election. Term. Vacancies. Section 2. Be it further enacted that the above aforementioned Act in Section 1 be, and the same is hereby amended by striking the entire Section 4 thereof which reads as follows: Section 4. Salaries of Chairman and Members of Commission. The chairman of the commission shall receive a salary not to exceed $300.00 per annum nor to be less than $200.00 per annum, payable monthly. The other members of the Commission shall receive salaries not to exceed $200.00 per annum for each commissioner.

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All of said salaries to be fixed by the mayor and council of the City of Athens, and by inserting in lieu thereof the following: Sec. 4 stricken. Section 4. SALARIES OF CHAIRMAN AND MEMBERS OF COMMISSION. The chairman and the members of the Civil Service Commission shall receive, as compensation for their services, the same salary paid to councilmen of the city of Athens. New section. Compensation. Section 3. This Act shall not become effective until the same shall have been approved by a majority of the qualified voters of the city of Athens voting in a special election to be held on a day appointed by the mayor and council of the city of Athens. The election shall be held in not less than thirty (30) nor more than forty-five (45) days from the date of the passage of this Act, and two (2) weeks publication and notice of the date of the election shall be given by publication once each week in a newspaper published in said city, or if no newspaper is published in said city, then in the official organ of Clarke County in which the sheriff's sales are published, and by posting a notice of such election in some prominent place in the city. The rules and laws now governing municipal elections in the city of Athens shall govern. The ballots in said election shall read: For election of Civil Service Commissioners by the people, and Against the election of Civil Service Commissioners by the people. The Mayor shall declare the results of said election which shall be made a matter of record, so as to show the number of votes cast for and against the election of the Civil Service Commissioners by the people. In the event that a majority of the qualified voters at such election shall vote in favor of electing the Civil Service Commissioner by vote of the people, then this Act shall become effective immediately upon the declaration of the results of such election by the mayor, but, in the event a majority of the votes cast are against the election of the Civil Service Commissioners by the people, then this Act shall become void and of no effect. Referendum. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 27, 1947.

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ATHENS CHARTER AMENDMENTSELECTIONS, ABSENTEE BALLOTS. No. 45 (House Bill No. 88). An Act, To amend an Act entitled, An Act to amend the the charter of the Town of Athens and the various acts amendatory thereof, approved August 24, 1872, and acts amendatory thereof, specifically Sections 3 and 4 thereof, by striking from said Section 3 the words nine and four in Line 7, Section 3, Page 128, Georgia Laws 1872, and by inserting therein in lieu of the stricken words, the words seven and six; by adding the following words to Section 4 of the Act approved August 24, 1872, as found on Page 128, Georgia Laws 1872, to-wit: The Mayor and Council or other governing authority of the City may by ordinance or regulation prescribe a method for casting absentee ballots by qualified voters of the City who may be absent at the time of any city election, the conditions under which absentee ballots may be cast and counted; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 3 of the Act approved August 24, 1872, entitled, An Act to amend the charter of the Town of Athens and various acts amendatory thereof be and the same is hereby amended by striking from Line 7 thereof the words nine and four and by inserting therein in the same sequence the words seven and six, so that said section as amended shall read as follows: Act of 1872 amended. That the annual municipal elections shall be held at such place in each ward, in the City of Athens, as the Council may direct, on the first Wednesday in December of each year, for a Mayor and eight aldermen, to serve for one year, or until their successors are elected and qualified; and the polls of said election shall be opened at seven o'clock in the forenoon and closed at six o'clock in the afternoon. No citizen shall vote, except in the ward in which he resides, either for Mayor or Alderman, and shall vote only for Alderman of his own ward; nor shall any person be elected Alderman except for the ward in which he resides. Sec. 3. Annual Elections.

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Section 2. That Section 4 of the Act approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various acts amendatory thereof, be and the same is hereby amended by adding thereto the following words and sentences: The Mayor and Council or other governing authority of the City may by ordinance or regulation prescribe a method for casting absentee ballots by qualified voters of the City who may be absent at the time of any city election, the conditions under which absentee ballots may be cast and counted; so that said section as amended will read as follows: Sec. 4. Be it further enacted that all citizens qualified to vote for members of the General Assembly of Georgia, and who shall have paid all taxes legally imposed and demanded of them by the authorities of the city of Athens, and paid into the treasury of the same, and shall have resided six months in this State, and one month immediately preceding the election within the jurisdictional limits of said city; and no other person shall be qualified to vote at any election in said city for mayor and aldermen. The mayor and council or other governing authority of the City may by ordinance or regulation prescribe a method for casting absentee ballots by qualified voters of the city who may be absent at the time of any city election, the conditions under which absentee ballots may be cast and counted. Absentee ballots. Section 3. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 27, 1947. BALDWIN COUNTY COMMISSIONERSTERM, ELECTIONSREFERENDUM. No. 46 (House Bill No. 5). An Act To amend an Act entitled An Act to amend an Act approved December 22, 1898, providing for the election of Board of County Commissioners by the people of Baldwin County, Georgia, approved August 12, 1921 (Georgia Laws 1921, pages 405, 406), by striking therefrom

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Sections 2, 3 and 4, and by inserting therein a section so as to provide for termination of term of present members and that the members of the Board of Commissioners of Roads and Revenues of Baldwin County shall be elected every two (2) years, and shall hold office for a term of two (2) years, and to provide for the election of a chairman; to provide when the election shall be held; to provide for a referendum on this Act; to provide when the Act shall become effective; to provide for paying the expense of the election; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act approved August 12, 1921, (Georgia Laws 1921, pages 405, 406), entitled An Act to amend an Act approved December 22, 1898, providing for the election of Board of County Commissioners by the People of Baldwin County, Georgia, be, and the same is hereby amended by striking therefrom in their entirety all of Sections 2, 3 and 4, and by inserting in lieu thereof a section to be appropriately numbered and to read as follows: That should this Act be ratified by the people of Baldwin County as herein provided, the term of office of members who are now in office as members of the Board of Commissioners of Roads and Revenues for Baldwin County shall terminate and expire on January 1, 1949. Thereafter the term of office for members on said Board shall be two (2) years. Successors to the members now in office shall be elected at the November General Election in 1948 and shall take office January 1, 1949, and thereafter their successors shall be elected every two (2) years at the regular November General Election. At the first meeting after each election, the members elected shall elect one of their members to serve as chairman. Act of 1921 amended. Secs. 2, 3, 4 stricken. New section. Term. Elections. Section 2. Within thirty (30) days after the passage and approval of this Act, the Ordinary of Baldwin County shall name a date for an election wherein the issue of approval or disapproval of this Act shall be submitted to the voters of Baldwin County. The Ordinary shall give notice of the date of such an election by publishing a notice thereof in the paper wherein the legal notices for Baldwin County are published. The Ordinary shall likewise cause to be prepared

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ballots to be used in said election and shall cause to be printed thereon the words For the Act providing for the election of road commissioners every two (2) years and Against the Act providing for the election of road commissioners every two (2) years. Should a majority of the qualified voters of Baldwin County voting in said election vote in favor of said Act, the Ordinary shall issue his proclamation declaring the Act to have been ratified by the voters and shall enter the same on the minutes of his court, and said Act shall immediately become effective and of full force. Should a majority of the qualified voters of Baldwin County voting in said election vote against said Act, the Ordinary shall make proclamation thereof and shall enter said order on the minutes of his court and said Act shall become null and void and of no force or effect. The expenses of the election, including the advertisement of the notice thereof, shall be paid from county funds by the fiscal authorities handling the county affairs of Baldwin County. Referendum. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 27, 1947. McINTOSH COUNTY COMMISSIONERSACT REPEALED. No. 47 (House Bill No. 109). An Act to repeal in its entirety an Act approved January 25, 1945 (Acts 1945 pp. 496-497) entitled An Act to Amend the Act of February 26, 1876, creating Commissioners of McIntosh County, as amended by an Act Approved July 31, 1913, so as to have said Commissioners elected for a term of two (2) years; to create Commissioner Districts; to provide for qualifications for Commissioners; to provide nominations of candidates from such Districts; provision for voters to vote in Different Districts and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same; Section 1. That an act approved January 25, 1945 (Acts

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1945 pp. 496-497) entitled an Act to amend the Act of February 26, 1876 creating Commissioners of McIntosh County as amended by an Act approved July 31, 1913, so as to have said Commissioners elected for a term of two years; to create Commissioner Districts; to provide for qualifications for Commissioners; to provide nominations of candidates from such Districts; provision for voters to vote in different Districts and for other purposes be and the same is hereby repealed in its entirety. Act of 1945 repealed. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 27, 1947. STATESBORO CHARTER AMENDMENTSELECTIONSRECORDER'S COURTSAFETY COMMISSION. No. 48 (House Bill No. 39). An Act to amend the charter of the City of Statesboro (Ga. Laws 1912, pp. 1331-1374) by changing Section 4 so as to have the general election on the first Friday in December; to amend Section 5 of the said charter by adding thereto a requirement for all candidates for the office of mayor to pay an entrance fee of $25.00, and all candidates for the office of councilmen to pay an entrance fee of $15.00; to amend Section 18 of the said charter by striking and repealing same in its entirety and substituting a new Section 18 providing for the opening and closing of the registration book, and the duties of the clerk thereof; to modify Section 30 of said charter by providing for a recorder's court in lieu of the present mayor's court and to set forth the powers, duties and responsibilities of said court; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the charter of the City of Statesboro (Ga. Laws 1912, pp. 1331-1374) be amended by striking the word Saturday wherever it appears in Section 4, and substituting in lieu thereof the word Friday; and also

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substituting the year 1947 for the year 1912 in the second and fifth lines of said Section 4, so that Section 4 as amended shall read as follows: Act of 1912 amended. Section 4. The general election for Mayor and Councilmen shall be held on the first Friday in December 1947, and on each first Friday in December thereafter as follows: The first election under the charter to be held on the first Friday in December, 1947, shall be for the election of three Councilmen, said Councilmen to be elected for a period of two years from said date, and until their successors are elected and qualified; after which time the Mayor and two Councilmen shall be elected the next year and for a period of two years and three of said Councilmen shall be elected the year thereafter for a period of two years, so that the terms of the Mayor and two Councilmen shall expire one year and the terms of three Councilmen shall expire the year thereafter. Sec. 4. Elections. Mayor and Councilmen. Section 2. Section 5 of the charter of the City of Statesboro is hereby amended by adding thereto a subparagraph to be known as Section 5(a) and reading as follows: Sec. 5(a). Section 5(a). All candidates for the office of Mayor shall pay an entrance fee of $25.00 and all candidates for the office of Councilman shall pay an entrance fee of $15.00, said fees to be paid to the City Clerk at the time of the qualification of said candidate. Entrance fees. Section 3. That Section 18 of said charter of the City of Statesboro (Ga. Laws 1912, pp. 1331-1374) is hereby stricken and repealed in its entirety, and a new Section 18 substituted in lieu thereof to read as follows: Sec. 18. Section 18. That it shall be the duty of the City Clerk to keep the registration book, kept at the Council Chamber for the proper registration of the qualified voters of the City of Statesboro, open from eight o'clock A.M. until 12 o'clock A.M., and from 2 o'clock P.M. to five o'clock P. M. each and every day (Sundays and legal holidays excepted) at all times during the year, with the exception of the period of thirty days before an election, and during said thirty day period said registration book shall remain closed insofar as registration of voters for the pending election are concerned. Registration book.

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Section 4. That Section 30 of the charter of the City of Statesboro (Ga. Laws 1912, pp. 1331-1374) is hereby amended as follows: Sec. 80. There shall be a Recorder's Court established for said city, which shall have all powers now conferred upon the Mayor's Court of said city, which said court shall be presided over by a Police Court Judge or Recorder, which said Police Court Judge or Recorder shall have all powers now conferred on the Mayor under Section 30 of the City Charter, with jurisdiction to try offenses against the laws and ordinances of the municipal government. Said Court shall have the power to enforce its judgment by inflicting such penalties as may be provided by the ordinances; to punish witnesses for nonattendance and also punish all persons who shall counsel or advise, aid or encourage or intimidate a witness whose testimony is material or desired before said court. The present method and procedure of said Court shall continue, with the exception of appeal from the judgment of said Court, which shall be by certiorari to the Superior Court of said county in the manner that appeals are taken from Justice Courts to the Superior Court by certiorari. The Chief of Police is designated as Clerk of said court, who shall attend all sessions and keep such records and documents for the use of said Court as shall be required of him, and to keep and preserve order, to issue summons and subpoenas, and to do all and other things necessary or required by the Police Court Judge or Recorder or by the Safety Commission of said city. In the event of the absence or illness of the Chief of Police, then the acting Chief of Police is designated as Clerk of said Court during the absence of the Chief of Police. Said Court to begin to function upon the completion of the legal requirements setting up said Court. Recorder's Court. Certiorari. Chief of Police. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Statesboro may elect a Police Court Judge or Recorder, as soon as this amendment to the City Charter is made a law, to serve during the fiscal years of 1947 and 1948, and thereafter said Police Court Judge or Recorder may be elected for a period of two years, at the first meeting of the Mayor and City Council for the fiscal years after which said

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Police Court Judge or Recorder's term has expired. Said Police Court Judge or Recorder shall be a citizen of Statesboro who has resided in said City for two years prior to his election, and shall be at least 30 years of age, and a practicing attorney who shall have practiced law for five years before his election. Said Police Court Judge or Recorder shall be subject to removal at any time by a vote of the majority of the Mayor and City Council. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the Mayor and Council. The Recorder must be furnished with a copy of such charges and of the time when same will be heard, which must not be less than 5 days after a copy of such charges have been furnished him. Such hearing shall be public and the Police Court Judge or Recorder shall have the right to be present thereat, and to call the witnesses he may desire in his own defense, but the action of the Mayor and Council in removing or in refusing to remove the Recorder or Police Court Judge after such hearing or after he is given the opportunity to be heard shall be final, and that shall be no appeal from the action of the Mayor and Council. The City Attorney may also be appointed Police Court Judge or Recorder. In case of disqualification, illness, absence from the city, or vacancy in the office of the Police Court Judge or Recorder, the Mayor or any one of the councilmen may act as Recorder or Police Court Judge and have all the power and authority of Recorder or Police Court Judge while acting as such. Police Court Judge or Recorder. Be it further enacted by the authority aforesaid that there shall be a Safety Commission for the City of Statesboro, composed of the Police Court Judge or Recorder and two members of the City Council elected by the Mayor and Council. Said Safety Commission shall be elected at the first meeting of the mayor and council after this amendment to said City Charter becomes a law, and shall serve the balance of the fiscal year of said city, and the two members of the city council serving on said Safety Commission shall be elected at the first meeting of the mayor and council for each succeeding year

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thereafter. Said Safety Commission shall have the same rights and powers in electing a Chief of Police and other members of the Police force and Fire Chief and members of the fire department as now is vested in the Mayor and council of said city, with full power of hiring and discharging any member of said police force or fire department for reason of conduct unbecoming to an officer or for other reasons. Safety Commission. Said Safety Commission shall require the Chief of Police and Fire Chief to make a monthly report of the actings and doing of their respective departments. In addition the Chief of Police shall report of the fines and forfeitures collected during the month, and a list of all stolen property reported or recovered, and such other reports and records as said Safety Commission shall deem necessary to the efficient operation of said police force, and the protection of the person and property of the citizens of said city, and the preservation of order. The date of said monthly reports shall be at the time of the regular monthly meeting of the Mayor and Council of said City, or at such other time or place as the Safety Commission may direct. Monthly reports. Section 5. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 27, 1947. TOWN OF OMEGALIMITS EXTENDED. No. 49 (House Bill No. 106). An Act to amend An Act creating and providing a Charter for the town of Omega approved July 30, 1912, by extending the corporate limits of said Town of Omega and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that an Act entitled An Act Creating and Providing a New Charter for the Town of Omega, Georgia; defining its corporate powers and municipal boundaries; providing for a mayor and council and other officers, prescribing

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their duties, and for other purposes approved July 30, 1912, be and the same is hereby amended by striking from Section 2 of said Act the words One-half in the third line of said section and one mile in last line of said section and inserting in lieu thereof respectively the words Three-fourths for one-half and the words one and one-half miles for the words one mile so that said Section 2 when amended shall read when amended as follows: Act of 1912 amended. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of said town of Omega shall extend three-fourths mile in each and every direction from a point in the center of the tracks of the Atlanta, Birmingham and Atlantic Railroad where the same is crossed by the street known as and designated on the plans of the town of Omega as Oak Street. The town thus laid off being in the shape of a circle one and one-half mile in diameter. Limits extended. Section II. Be it further enacted by the authorities aforesaid that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved February 27, 1947. SURPLUS FINE AND FORFEITURE FUNDS IN CERTAIN COUNTIES. No. 50 (House Bill No. 159). An Act to provide for the distribution of excess or surplus funds in the fine and forfeiture fund of the Superior Court in any of the counties of this State having a population, according to the official census of the United States for the year 1940, or any future official census of the United States, of not less than 11,303 and not more than 11,321 by providing that after all legal costs due to all of the officers bringing the funds into court, any excess funds remaining in the hands of a Solicitor General, or of any of the officers of the Superior Court, shall be distributed equally between the Solicitor General and the Sheriff of the county and the Clerk of the Superior Court of the County; providing also that, if any of the said officers are on salary, the amount which is received by such officer shall inure to the benefit of the county and be accounted

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for to the county Treasurer of said county by the said officer, otherwise, the money so received, in the distribution of such excess funds, shall be and become the property of the officer receiving the 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, as follows: Section 1. That from and after the passage of this Act, in all counties of this State having a population of not less than 11,303 and not more than 11,321, according to the official census of the United States for the year 1940, and any future official census of the United States, if the Solicitor General of the judicial circuit, in which such county may be located, has in his custody, or if any other officer of the Superior Court, in said county, has in his custody, surplus funds derived from costs, fines or forfeitures arising out of the disposition of criminal cases in the Superior Court of said county, after all legal costs have been paid to all of the officers of court, including Justices of the Peace, it shall be and it is hereby made the duty of the Solicitor General to distribute such funds equally among and between the Solicitor General of the judicial circuit, in which such county may be located, and the Sheriff of the said county and the Clerk of the Superior Court of said county, so that each of said officers shall receive one-third of the amount of such surplus or excess funds. If any or all of said officers may be on a salary basis, and not on the fee system, the officer who receives one-third of such surplus or excess funds, and who is on a salary basis, shall account to the Treasurer of the county therefor, and the funds so accounted for shall become the general property of the county for all purposes; as to all officers affected hereby who may be on the fee system, in the counties herein designated, the funds so received by them, in the distribution herein provided for as to such surplus or excess money, shall become the property of the officer receiving the same. Counties effective in. Distribution of surplus funds. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict herewith be, and the same are hereby, repealed. Approved February 27, 1947.

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EVANS COUNTY ORDINARYADDITIONAL SALARY. No. 51 (House Bill No. 154). An Act to authorize and direct the proper authorities of the county of Evans, State of Georgia, having charge of the fiscal affairs of said county, to pay the sum of fifty dollars ($50.00) monthly to the Ordinary of said County, in addition to the fees and compensation now allowed by law; 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 proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county, are hereby authorized and directed to pay the sum of fifty dollars ($50.00) monthly to the Ordinary of said County, in addition to the fees and compensation now allowed by law. Ordinary. Additional salary. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 27, 1947. NELSON CHARTER. No. 52 (House Bill No. 100). An Act to incorporate the town of Nelson, in the counties of Cherokee and Pickens, State of Georgia, and to grant certain powers and privileges to said town; to create a new charter for said corporation; to provide a municipal government therefor; to provide for a Mayor and Council, and to define their powers and duties; to define the special powers and duties of the Mayor; to provide for the election of the Mayor and Council, their oaths and terms of office, for their meetings and method of filling vacancies therein; to provide for the appointment of election managers; their oaths and duty; to define the method of holding all town elections, for the declaration

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of the results of such elections; to provide for the election of a Mayor Pro Tem; to provide for the qualification of voters and electors in said town; to provide for a town Clerk and Treasurer, a Town Marshal, Policemen, Attorney and other officers, their oaths, bonds, and for their compensation; 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; to provide for the taking of appearance bonds, and for forfeiture of the same; to provide for making tax returns 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 same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in said town, and to define its limits, to empower said town to widen its streets; to provide for the removal of obstructions from streets; to provide for the regulation of explosives, and the prevention of 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, business or profession to purchase a license to do so; to provide for the revocation of such licenses; to provide for license ordinances and for the punishment of persons engaging in any trade or business who fail to obtain licenses; to provide for the opening of new streets, and the right to condemn property for such purpose; to provide for the town to construct and operate a system of water works, sewage system, and any other public utility; 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; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for the control of sewers and pipes in said town; to provide for the collection of sanitary taxes; to provide for the abatement and removal of nuisances; to provide for fire districts, for the creation of a fire department, the purchase

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of fire engine and equipment; to provide for the suppression of vice; 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 empower said town to require all male citizens between ages of 18 and 50 to work on the streets of said town, or to pay a commutation tax in lieu thereof, and to provide exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of trains and vehicles and their speed in said town; to provide for the prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to abolish the independent school system of said town; to grant zoning powers to said town; to authorize the Mayor and Council to create restricted zones or districts, to define the limits of such zones or districts, to provide for the classification thereof; to provide for the condemnation of private property, within and without the town, for public purposes; to authorize the Mayor and Council full power and authority to acquire, construct, reconstruct, build, improve and extend revenue producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates fees, tolls and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities and to do all things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof; to provide for the full control over the streets, sidewalks, alleys and lanes of said town by the Mayor and Council, to empower them to require the removal of any building, or other obstruction in any street, alley or lane of said town, by any person, firm or corporation, or any abutting property owner, causing the same, after notice given, and to authorize the removal of same within ten days by said town authorities at the expense of the person placing said obstructions in the street, or other public place, or abutting property owner, as the case may be, and to provide for the issuance of an

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execution for the costs of removal of such obstructions, or the abutting property owner, against the person, firm or corporation causing such obstruction; to empower said Mayor and Council to compel the removal of any telephone, telegraph or electric power poles which interfere with traffic or travel in the streets, sidewalks and public places in said town, previously erected by them in said town, and to remove same to any reasonable location designated by the Mayor and Council, or their representatives, and to authorize said town authorities to remove the same at the expense of said telegraph, telephone, power or electric company, upon their failure to remove such poles within ten days after notice given by said town authorities, at the expense of said company, and to collect the cost of removal from such company by execution; to provide that the present Mayor and Council of said Town of Nelson, who were elected on the first Saturday in January, 1947, shall hold office until the first Saturday in January, 1948, or until their successors are elected and qualified, and that all ordinances heretofore adopted and now in force, not in conflict with this Act, or the Constitution of the United States, or the State of Georgia, remain of force, provided said town authorities may amend, alter or repeal any of said ordinances; to define the corporate limits of said town; to repeal the Acts of 1890-1, Vol. II, page 742, et seq., incorporating the Town of Nelson, and all amendments thereto, and for other purposes. TOWN OF NELSON CHARTER. 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 Nelson, in the Counties of Cherokee and Pickens, State of Georgia, be and the same is hereby incorporated as a town under the name of Nelson. Incorporation. Section 2. That the municipal government of said town shall be vested in a mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of Nelson, and by that name and style shall have perpetual succession; shall be capable of contracting; buying and holding property, suing and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred. The Mayor and Council

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shall hereafter be elected annually on the first Saturday in January in an election to be held where the Council meets in said town between the hours of 10 o'clock A.M. and 3 o'clock P.M., and shall hold office for one year, and until their successors are elected and qualified; said election to be held by any three citizens living in said town who are qualified voters, and who are not candidates in said election, and who shall be appointed by the mayor and council to hold the election. Said election shall otherwise be conducted as are elections for the members of the General Assembly of Georgia, and the qualifications of voters shall be the same as in elections of members of the General Assembly of Georgia, except that no resident of said town may vote in the elections thereof who owes taxes to said town which are past due. Said election managers, before entering on their duties, shall take and subscribe before some officer qualified by law to administer oaths, 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 legally entitled to do so, to the best of our skill and power, so help me God. The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if no contest, the persons declared elected shall at once assume their official duties. Any contest of elections shall be had as now provided by law of Georgia, and any illegal voting to be punished as provided by law of Georgia. All persons qualified to vote at such elections and eligible to hold office according to the Constitution and laws of this State shall be eligible to hold any office in said town. 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. Before entering upon the discharge of their official duties the Mayor and each of the Councilmen shall take and subscribe before some person authorized by law to administer oaths the following oath: I do solemnly swear that I will faithfully

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discharge all the duties devolving on me as Mayor (or Councilman, as the case may be) of the Town of Nelson during my continuance in office according to the best of my ability and understanding, in a fair and impartial manner, so help me God. The Mayor and Councilmen shall elect from the Council a Mayor Pro Tem., who, in the absence of the Mayor, shall act for the Mayor in his stead and be clothed with the powers of the Mayor. The Mayor and Council shall provide for regular meetings, not fewer than one meeting each month. The Mayor and Council may hold such special meetings as the business of said town may require and transact any business and pass any ordinances and resolutions at such special meetings, provided all members of the Council and the Mayor are given notice of such special meetings. At all meetings, regular or special, the Mayor or Mayor Pro Tem. (in the absence of the Mayor) and three Councilmen shall constitute a quorum for the transaction of any business of the Town. The Mayor and Council shall have right to fix rules and regulations to govern themselves. Said Mayor and each Councilman shall receive a salary of $150.00 per annum, to be paid out of the general funds in the town treasury. Mayor and Councilmen. General powers. Election. Procedure. Vacancies. Oath. Mayor Pro Tem. Meetings. Salaries. Section 3. Be it further enacted by the authority aforesaid that the Mayor and Council shall elect a Town Clerk and Treasurer, who shall receive and expend all funds subject to and under the direction of the Mayor and Council, a Town Marshal and as many Policemen as may be necessary, and a Town Attorney, and any other officers or agents as they may deem necessary to carry on the business of the Town, and pay said officers such salaries as the said Mayor and Council may deem proper for their services out of the general funds of the town treasury. Other town officers. Section 4. Be it further enacted by the authority aforesaid that all of the aforesaid officers shall take oath and give bond (if bond required), such as the Mayor and Council shall require and prescribe. Bond. Section 5. Be it further enacted by the authority aforesaid that the Mayor and Council shall have the power to prescribe the duties of all town officers employed by them in accordance with existing law. Duties.

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Section 6. Be it further enacted by the authority aforesaid that the Mayor and Council shall have power and authority to impose, levy and collect taxes annually upon all property, real and personal within the limits of the town of Nelson, or in case of personal property, the owner of which resides in said town, upon banking, insurance and other capital employed therein, as may be deemed necessary by the Mayor and Council for the support of the town government. Exclusive of license, occupation, and other special taxes or charges for which provision is made in this charter, the tax levy shall not exceed Ten Mills. Taxes. Section 7. Be it further enacted by the authority aforesaid that the Mayor and Council shall have power and authority to enforce by execution the collections of any debt or claim due to the town for taxes, sewer rents, water, lights, paving, license, rents, impounding fees, fines and forfeitures, for laying sewers or drains, or for abating nuisances, and for any and all levies, assessments, debts and demands due said town. Said executions shall be issued in the name of the Mayor and directed to the Town Marshal, who is authorized to levy and conduct sales in accordance with the laws governing sheriff's sales in Georgia, such sale to be held at a place designated by the Mayor. Such sales shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The Town of Nelson may buy property sold under execution under the same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. Executions. Sales under. Section 8. Be it further enacted by the authority aforesaid that the Mayor and Council shall have the authority to provide by ordinance when the taxes of said Town 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, including a penalty of increased tax or double tax. Tax procedure. Section 9. Be it further enacted by the authority aforesaid that said Mayor and Council shall have full power and authority to require any person, firm, company or corporation, whether a resident or non-resident of said town, engaged in or carrying on, or who may engage in, prosecute

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or carry on any trade, business calling, vocation or profession within the corporate limits of said town, by themselves or by their agent or agents, to register their names and business, callings, vocation or profession annually, and to require such person, firm, company or corporation to pay for such registration, and to pay a license to engage in, prosecute or carry on such business, callings, 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 Mayor and Council made in reference thereto. Licenses. Punishments. Section 10. Be it further enacted by the authority aforesaid that the Town of Nelson is authorized to own and operate a system of water works for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; the Mayor and Council shall have the power and authority to purchase, maintain, equip and repair such system of water works, sewage, electric lights, all or any of them and said Mayor and Council shall have full power and authority to do any and all things necessary for these purposes; to contract with persons, firms or corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the Town of Nelson, whether lands or easements within or without said Town, and, if necessary, to condemn same as hereinafter provided; said Mayor and Council in the name of said Town shall have full power and authority to purchase water tanks, valves, drains, pipes, plants, machinery and all articles and things that may be necessary or advisable for the establishment and equipment of such water system; for the purpose of extending and enlarging and in any way improving such water system, to build or erect houses or sheds, bore wells, build, shape and furnish the same. Said Mayor and Council in the name of said Town shall have the power and authority to make contracts with the residents of said Town and with consumers whether residents of said Town or residents without the limits thereof

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of, for furnishing of water, electric lights, electric power, sewage, or any or all of such services, at such rates and under such rules and regulations as the Mayor and Council may provide. Said Mayor and Council in the name of said Town shall have the right, power and authority to contract with any other firm, individual or corporation, to light the streets of said Town or the furnishing of any or all of the above described services to such consumers as previously described, under such terms, rules, regulations, conditions, agreements and limitations as may be prescribed by said Mayor and Council; and such contracts shall be enforceable in the courts of the State. The said Mayor and Council shall have the authority to fix a scale of rates for such services, make and enforce rules for collection of rates; adopt rules and regulations with the introduction of water and sewage or other services into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have further power to furnish, place and compel the use of meters, and prescribe the kind, make and use of same on the condition of furnishing such services; and the Mayor and Council, their agents or servants, shall have power to inspect all pipes and other apparatus, including meters, to determine whether they are working properly and economically, to ascertain that such equipment is of the character designated and is installed under the proper conditions. If they deem it proper the Mayor and Council shall have power to require payment in advance for use or rent of water or other services furnished by the Town, and for non-payment when due they may discontinue to furnish such services. Collections for such services may be enforced by issuance of execution, levy and sale, as provided for the collection of Town Tax. Water systems, sewags lights. Contracts. Rates, meters, etc. Payment for services. Section 11. Be it enacted by the authority aforesaid that the Mayor and Council shall be vested with full power and authority to condemn property within or without the said Town limits necessary for public purposes in accordance with the method of procedure of the condemnation of property provided by the laws of Georgia. Power to condemn property. Section 12. Be it further enacted by the authority aforesaid that the said Mayor and Council shall have the full power and authority to require by ordinance that all male residents

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of said Town between the ages of eighteen and fifty who have resided in said Town as long as thirty days, except those who are exempted in Section 13 of this Act, to work upon the streets of said Town not to exceed fifteen days in each year, at such time as the Mayor and Council may require, or to pay a commutation tax in lieu thereof, not exceeding five dollars in any one year, as said Mayor and Council may determine by ordinance. Should any person liable to work the streets fail or refuse to do, and fail or refuse to pay the street tax assessed in lieu thereof, after having received due notice to do so, as said Mayor and Council may require, he shall be deemed guilty of a violation of this section, and on conviction in the Police Court of said Town shall be fined a sum not exceeding fifteen dollars or imprisoned not exceeding twenty days. Said Mayor and Council may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Work on streets or commutation tax. Violations. Section 13. Be it further enacted by the authority aforesaid that all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one of more churches; and all men who have lost one arm or one leg; and all men who are either deaf, dumb or blind, either totally, or partially to the extent that they are unable to perform street work, shall be exempt from the provisions of the preceding section. Persons exempted. Section 14. Be it further enacted by the authority aforesaid that the Mayor and Council shall have the power to control and regulate the running and operating of all automobiles, trucks, buses, locomotives, trains and all vehicles for the transportation of persons or freight, to regulate the speed of such vehicles in said Town, and to prescribe for the punishment violations of such regulations; and to prevent unnecessary noise from steam whistles, automobile horns, bells, or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes. Regulating vehicles and trains. Noises. Section 15. Be it further enacted by the authority aforesaid that the Mayor and Council shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, comfort, prosperity and security of said Town and the inhabitants

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thereof, and that may be necessary to foster virtue and good morals in said Town, to supress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The Mayor and Council shall have authority to pass ordinance and regulations preventing idleness and loitering within the Town limits and to prescribe penalties therefor. General powers, peace, good order, etc. Idleness. Section 16. Be it further enacted by the authority aforesaid that the Town of Nelson shall have a Police Court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the Mayor and Council of said Town. It shall be optional with the Mayor and Council whether they shall have the Mayor as presiding officer of this court or whether they will elect a Recorder and make him presiding officer of the court; power and authority is hereby given to the Mayor and Council to elect a Recorder for such duty if they so desire. The presiding officer of the Police Court shall have jurisdiction and authority to try all offenses against the laws and ordinances of the Town of Nelson, and to punish for violations of the same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish by imposing fines for violations of any law or ordinance of the Town of Nelson, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to imprison offenders in the Town jail to be established by the Mayor and Council for such purpose, for a period not more than ninety days, or sentence such violators to labor on streets or other public works of the Town for not more than ninety days; the said presiding officers shall have power to impose any one or more of these punishments when in the opinion of the court the facts justify such action. The said presiding officer of the Police Court shall have power to preserve order in the court, compel the attendance of witnesses, compel the books and papers to be used as evidence, and to punish for contempt, provided punishment for contempt shall not exceed twenty-five dollars or imprisonment in the Town jail for more than ten days or not more than ten days labor on public works. The Mayor or Recorder, whichever presides in Police Court shall be to all intents and purposes a Justice of the Peace so as to enable him to issue warrants for offenses

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committed within the corporate limits of said Town, which warrant may be executed by the Town Marshal, and to commit offenders to the Town jail, or admit them to bail in bailable cases for appearance of next term of a court of competent jurisdiction to be held in and for said County. The rules of practice in the Police Court shall as far as practicable be the same as rules of practice in the superior courts of the State, including the rules of evidence. All officers shall be legal witnesses. The Mayor and Council shall have full authority to pass all rules, laws, ordinances and regulations necessary and proper to secure the successful and efficient administration of the Court, regulating the cost of appeals and of certiorari, and providing for forfeiture of bonds. Police Court. Rules of practice. Appeals, certiorari, bond forfeiture. Section 17. Be it further enacted by the authority aforesaid that the Town Marshal, or other Town policeman, shall have power and authority to arrest all persons guilty of disorderly conduct or public indecency, all persons violating ordinances, laws or regulations of said Town, and all persons committing or attempting to commit any crime, and confine them in the Town jail to be brought before the Police Court at its next session; providing that all persons desiring to give bail for their appearance in court in bailable cases shall be allowed to do so. The Mayor or any Councilman may take bonds as deemed suitable for the appearance of the persons arrested before the police court, and if the defendant shall fail to appear at time fixed for trial, the bond may be forfeited by the presiding officer of the court at the time and an execution issue by serving the defendant, if any be found, and his sureties with a rule nisi, at least two days before the hearing of the rule nisi. Cash may be accepted in lieu of bond and security for the appearance of offenders at trial, and if such offenders fail to appear at time fixed for trial, the cash so deposited shall be declared forfeited to the Town of Nelson by order of the presiding officer. Town Marshal, policemen. Arrests, jail, trial, bonds, cash bail. Forfeiture. Section 18. Be it further enacted, That said town, by and through its Mayor and Council, shall have the right and full power and authority to acquire, construct, reconstruct, build, improve and extend revenue-producing projects and systems, to maintain and operate the same, to

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prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and Acts amendatory thereof. Revenue-producing projects. Revenues from. Negotiable certificates. Section 19. Be it further enacted, That it shall be the duty of the Mayor and Council of said town to provide fire protection and they shall have power and authority to purchase a fire engine and equipment, and 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 fires. Fire protection. Section 20. Be it further enacted, That the Mayor and Council shall have power and authority to pass and enforce Zoning laws or Districts, and planning laws with respect to said town and shall have power to regulate the use for which said Zones or Districts 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 enact such ordinances, rules and regulations with respect thereto as the general welfare, public health and public safety demand. That the Mayor and Council of said town is authorized to promulgate rules, regulations and ordinances whereby the Town of Nelson, Georgia, may be zoned and districted for various uses, and other or different uses prohibited therein. The zones into which the town is divided may be of such shape and area as the Mayor and Council may deem best suited in the interest of public health, safety and comfort, prosperity and general welfare. Zoning. Section 21. Be it further enacted, That the Mayor and Council of said town shall have power and authority to impose a tax on dogs within said town, not to exceed three dollars each, per annum, and shall have power to enact ordinances providing for the collection of said tax, and

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authorizing the Town Marshal, or other police of said town to kill any dogs running at large in said town whose owners fail or refuse to comply with such ordinances. Dogs. Section 22. Be it further enacted, That said Mayor and Council shall have full control over the streets, sidewalks, alleys and lanes of said town, and shall have power and authority to regulate, widen, change, lay out, close, vacate, direct and control the same, and have full power and authority to condemn property for such purposes; the method of procedure for the condemnation of property being the same as provided by the laws of Georgia in condemnation proceedings. They shall also have power and authority to remove or caused to be removed, any buildings, posts, steps, or any other obstructions in the public streets, lanes, alleys, sidewalks, or public squares, or the abutting property owner to remove same after notice has been given. All costs of removal shall be paid by the persons placing any of said obstructions upon said streets, or other public places, or the abutting property owner, and an execution may be issued for the costs of removal of such obstructions, upon failure of the persons causing such obstructions, or the property owner, to remove same after ten days notice so to do. And where any telephone, telegraph, power or electric poles interfere with traffic or travel in the streets, sidewalks and public places in said town, said Mayor and Council shall have power to compel any telegraph, telephone, power or electric company having previously erected said poles in said town, to remove same to any reasonable location designated by the Mayor and Council, and in case said telegraph, telephone, power or electric company shall fail to remove same within ten days after having been notified to do so, said town shall have the right to remove same at the expense of said company, and collect the cost of removal from such company by execution. Streets, sidewalks, etc. Section 23. Be it further enacted, That the present Mayor and Council of said Town of Nelson, who were elected on the first Saturday in January, 1947, shall continue in office until the first Saturday in January, 1948, or until their successors are elected and qualified. And all ordinances heretofore adopted by the Mayor and Council of the Town of Nelson, and which are now in force and which are not repugnant to this Act, and not in conflict with the

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Constitution of the United States, or the Constitution of the State of Georgia, shall remain in full force and effect, provided that said Mayor and Council may at any time repeal, alter or amend any of said ordinances. Mayor and Council, term. Prior ordinances. Section 24. The corporate limits of the Town of Nelson shall extend one-half () mile in every direction from the marble post behind the mill of the Georgia Marble Company in said town. Corporate limits. Section 25. Be it further enacted, That the Mayor and Council of said town shall have the power to grant franchises, easements and rights of way over, in, under and on the public streets, lanes, alleys, parks and other property of said town. Franchises, easements, etc. Section 26. Be it further enacted that said Mayor and Council shall have the power to regulate and prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, the firing of guns, pistols and other firearms, and to regulate and prevent the storing all combustible or explosive material or substance within the corporate limits of said town. Fireworks, firearms, explosives. Section 27. Be it further enacted, That said Mayor and Council shall have authority to elect a board of tax assessors of said town to be composed of three members, who shall be citizens and qualified voters of said town, and fix the per diem compensation of the members thereof, not to exceed the sum of five 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 said town authorities as they occur. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said town, at its fair market value; and 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, by the time fixed by the Mayor and Council for the return of taxes by property

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owners, 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 tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by said town authorities; when their return is made, said assessors shall appoint a time and place for hearing objections to their assessments, and shall cause written notice to be given to all persons whose property valuation has been raised or double tax assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by them. Residents of said town shall be served personally or by leaving said 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, postpaid, to his, her, or its last known address shall constitute legal notice of such assessment. Taxation. Board of Assessors. Duties. Procedure. Section 28. Be it further enacted, That any person, firm or corporation dissatisfied with the assessment made on any of his, her or its property under the provisions of this Act, shall have the right to appeal from the same to the Mayor and Council of said town, provided said appeal be filed in writing with the Clerk of said town within four days after the hearing before said assessors, setting forth distinctly the items of property which valuation has been raised, the amount at which same has been assessed, and the fair market value as contended by the appellant; said appeal shall be heard by said Mayor and Council at their next regular meeting, unless continued for cause, and their decision shall be final. Assessment appeals. Section 29. Be it further enacted, That the Mayor and Council of said town 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 as duties as the Mayor and Council may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Council may prescribe, and to visit every portion of the town, and to report to the Mayor and Council all nuisances which are likely to endanger the health of the inhabitants thereof; said Mayor and Council shall have power, upon the report of said board of health, to cause such nuisance to be abated,

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and the recommendation of said board to be carried out in a summary manner at the expense of 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 removal of said nuisance, which may be collected by levy and sale as other executions are collected. Board of Health. Nuisances, abatement. Section 30. Be it further enacted, That said Mayor and Council may by ordinance declare what shall be a nuisance in said town and provide for the abatement of the same. Nuisance ordinances. Section 31. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Council of the Town of Nelson, 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 United States, or the Constitution of the State of Georgia, shall remain in full force and effect, subject to amendment or repeal as the Mayor and Council may by ordinance provide, and that the Mayor and Council elected on January 4, 1947, serve to Jan. 3, 1948. Prior ordinances. Section 32. Be it further enacted, That in the event any article, section, paragraph or provision of this Act, in whole or in part, or any isolated portion thereof, 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. If part illegal. Section 33. Be it further enacted, That the Act approved September 10, 1891, entitled an Act to incorporate the town of Nelson, in the counties of Cherokee and Pickens, Acts 1890-1, Vol II, page 742, et seq., and the Act approved August 27, 1907, entitled an Act to amend an Act entitled an Act to incorporate the town of Nelson, in the counties of Pickens and Cherokee, Acts 1907, page 835, et seq., and the Act creating an independent school system in the Town of Nelson, Acts 1907, page 837, et seq., each and all be, and the same are hereby repealed. Prior acts repealed. Section 34. 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 27, 1947.

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RICHMOND COUNTY COMMISSIONERSCLERK. No. 53 (House Bill No. 139). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Richmond, to define their powers and duties, and for other purposes, approved August 19, 1907, (Acts 1907, page 324), as amended by the Act, approved August 16, 1920, (Acts 1920, page 606), and also as amended by an Act, approved August 15, 1927 (Acts 1927, page 649), and also as amended by an Act, approved August 20, 1929, (Acts 1929, page 711), by striking Section 6 of said Act and inserting in lieu thereof the following language to be known as Section 6, to wit: Sec. 6. Be it further enacted, that said Board of commissioners shall have the power and authority to elect a Clerk, who shall have an office at the courthouse and observe from 9:00 A. M. to 2:00 P. M., and from, 3:30 P. M. to 5:00 P. M. as his office hours. Said Clerk shall keep minutes of the proceedings of said board, and perform such other clerical work as the board may require. He shall have authority to administer oaths. Said Clerk shall also serve as ex-officio Purchasing Agent for Richmond County, and ex-officio Custodian of the courthouse of Richmond County. Said Clerk shall be elected for the term of one year, subject to removal at the pleasure of the board. He shall give bond in the sum of $5,000.00, payable to said board and its successors in office, for the faithful performance of his duties as Clerk, ex-officio Purchasing Agent, and ex-officio Custodian of the court-house. Said Clerk shall receive as compensation a sum not to exceed five thousand dollars per annum, payable monthly out of the treasury of Richmond County, Georgia, and to be fixed by the Board of Commissioners of Roads and Revenues of Richmond County. He shall receive no further compensation for any other services rendered the County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act of 1907 entitled An Act to create a board of commissioners

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of roads and revenues for the County of Richmond; to define their powers and duties, and for other purposes, approved August 19, 1907 (Acts 1907, page 324), as amended by the Act, approved August 16, 1920 (Acts 1920, page 606), and also as amended by the Act, approved August 15, 1927, (Acts 1927, page 649), and also as amended by the Act, approved August 20, 1929 (Acts 1929, page 711), be amended by striking Section 6 in said Act at page 715, and inserting in lieu thereof, the following language to be known as Section 6, to wit: Acts amended. Section 6. Be it further enacted, that said Board of commissioners shall have the power and authority to elect a Clerk, who shall have an office at the courthouse and observe from 9:00 A. M. to 2:00 P. M., and from 3:30 P. M. to 5:00 P. M. as his office hours. Said Clerk shall keep minutes of the proceedings of said board, and perform such other clerical work as the board may require. He shall have authority to administer oaths. Said Clerk shall also serve as ex-officio Purchasing Agent for Richmond County, and ex-officio Custodian of the courthouse of Richmond County. Said Clerk shall be elected for the term of one year, subject to removal at the pleasure of the board. He shall give bond in the sum of $5,000.00, payable to said board and its successors in office, for the faithful performance of his duties as Clerk, ex-officio Purchasing Agent, and ex-officio Custodian of the courthouse. Said Clerk shall receive as compensation a sum not to exceed five thousand dollars per annum, payable monthly out of the treasury of Richmond County, Georgia, and to be fixed by the board of commissioners of roads and revenues of Richmond County. He shall receive no further compensation for any other services rendered the County. Sec. 6. Clerk. So that said Section 6 shall read as follows: Sec. 6. Be it further enacted, that said board of commissioners shall have the power and authority to elect a Clerk, who shall have an office at the courthouse and observe from 9:00 A. M. to 2:00 P. M., and from 3:30 P. M. to 5:00 P. M. as his office hours. Said Clerk shall keep minutes of the proceedings of said Board, and perform such other clerical work as the board may require. He shall have authority to administer oaths. Said Clerk shall also serve

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as ex-officio Purchasing Agent for Richmond County, and ex-officio Custodian of the court house of Richmond County. Said Clerk shall be elected for the term of one year, subject to removal at the pleasure of the board. He shall give bond in the sum of $5,000.00, payable to said board and its successors in office, for the faithful performance of his duties as Clerk, ex-officio Purchasing Agent, and ex-officio Custodian of the courthouse. Said Clerk shall receive as compensation a sum not to exceed five thousand dollars per annum, payable monthly out of the treasury of Richmond County, Georgia, to be fixed by the board of commissioners of roads and revenue of Richmond County. He shall receive no further compensation for any other services rendered the County. Section 2. Be it further enacted by the authority aforesaid, that this Act shall be retroactive to January 1, 1947 upon its adoption and approval. Act retroactive. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved February 27, 1947. ECHOLS COUNTY COMMISSIONERSCOMPENSATIONAMENDMENT. No. 54 (House Bill No. 52) An Act to amend an Act Entitled: An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties; and for other purposes, approved December 9, 1893, as amended by an Act approved March 10, 1933, so as to change and increase the per diem compensation of the commissioners; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the above-recited Act, approved December 9, 1893 (Georgia Laws 1893, pages 360, et seq.), as amended

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by an Act approved March 10, 1933 (Georgia Laws 1933, pages 529, et seq.), be amended in the following particulars, to wit: Acts of 1893 and 1988 amended. By Striking from the last line of Section One of said Act as amended the words three dollars and inserting in lieu thereof the words five dollars, so that the last sentence of said Section One when so amended shall read as follows: Increased compensation. Each of said Commissioners shall receive as compensation for services the sum of five dollars per day. Section 2. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Section 3. There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by an affidavit of the author hereof, to the effect that said notice has been published as provided by law. Approved February 27, 1947. FIREWORKS IN CERTAIN COUNTIES. No. 55 (House Bill No. 140). An Act to prohibit and to regulate within the territorial limits of any County in this State having a population of not more than 85,000 and not less than 81,000 according to the United States census of 1940, or by any future census of the United States, the sale, the offering, or the exposing for sale of fireworks; to define the term fireworks as used in this Act; to regulate the manner and the extent to which fireworks may be used in such counties; to provide penalties for the violation of this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; Section 1. That this Act shall be applicable to all Counties in this State having a population of not more than

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85,000 according to the 1940 census of the United States and not less than 81,000 according to the census of the United States, or any future United States census. Where law aplicable. Section 2. The term fireworks, as used in this Act, shall mean and include any combustible or explosive, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flamable compound, or any tablets or other device containing any explosive substance commonly used or sold as fireworks. Fireworks. Definition. Section 3. Except as herein provided, it shall hereafter be unlawful for any person, firm, partnership, or corporation to offer for sale, expose to sale, sell, use, or explode within the territorial limits of any County in this State within the class named in Section 1 of this Act any fireworks; except that the Sheriff of each such county shall have authority, pursuant to reasonable regulations prescribed by him, to issue permits for the sale or for the supervised public display of fireworks by municipalities, fair associations, amusement parks, or other organizations or groups of individuals. Every display so authorized shall be conducted under the supervision of a competent bonded operator, approved by such Sheriff of the county in which such display is to be held and shall be conducted in the manner prescribed by such Sheriff and located exclusively at the place specified in the permit therefor. No permit granted by such Sheriff for any purposes named in this Act shall be transferable and no person, firm, or corporation shall sell, possess, use or distribute any fireworks except at the time and place named in a permit lawfully issued therefor. Anything in this Act to the contrary, notwithstanding it shall be unlawful for any person, or firm or corporation to use or to explode any fireworks within the limit of any public street or alley. Unlawful acts. Exceptions, permits. Public displays. Section 4. Before any permit is granted hereunder and before such Sheriff has jurisdiction to grant such permit,

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the applicant therefor shall furnish bond, with security to be approved by such Sheriff, in an amount of not less than $500.00, conditioned for the payment of all damages which may be caused to either person or property arising from an act of the licensee, his agents, employees, or sub-contracts in connection with the exercise of any privilege authorized by said permit. Bonds. Section 5. Nothing in this Act shall be construed to prohibit any resident wholesaler, dealer, or jobber from selling any kind of fireworks, or the keeping on hand of stocks of any kind of fireworks, for the purposes of sale, provided the same are not sold at retail or for the purpose of being exploded within the territorial limits of any County in this State within the class named in Section 1 of this Act; or the use of fireworks by railroads or other transportation agencies for signal purpose or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. Sales and uses excepted. Section 6. The Sheriff of each such county is authorized and directed at any time, at the expense of the owner, to seize, take or cause to be removed to a place of safety any stock of fireworks or combustibles, used, displayed, sold, offered or exposed for sale, or held in any manner in violation of this Act. Powers of sheriff. Section 7. Any person, firm or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof punished as provided by Section 27-2506 of the Georgia Code of 1933. Misdemeanor. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 27, 1947. OPERATING MOTOR VEHICLE OR MOTORCYCLE. 68-307. No. 56 (House Bill No. 79). An Act to amend Code Section 68-307 of the Code of Georgia of 1933, to make it unlawful for any person to operate

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any motor vehicle or motorcycle upon any private way, private street, or on any private property while intoxicated, or by any persons under 16 years age. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that Section 68-307 of the Code of Georgia of 1933 be amended as follows: By inserting after the word highway on the third (3rd) line of said Code Section the following words: Or any private way, private street, or private property in this state, so that when amended said Code Section shall read as follows: 68-307 amended. Additional places of illegal operation. 1. 68-307. Persons intoxicated or under 16 years old prohibited from operating motor vehicles or motorcycles.No person shall operate a motor vehicle or motorcycle upon any public street or highway, or any private way, private street, or private property in this State, whether as owner or operator of such vehicle, if under 16 years of age, or while under the influence of intoxicating liquors, or drugs; and no person shall take, use, or operate any motor vehicle or motorcycle upon the public streets and highways without the permission of the owner thereof. Provided, however, that nothing herein shall be construed to prevent the running or operation of farm vehicles by any person on a privately owned farm. 2. All laws and parts of laws in conflict herewith shall be and the same are hereby repealed. Approved February 27, 1947. MACON LAND SALESCONFIRMING PRIOR SALES AND TITLE. No. 57 (Senate Bill No. 1) An Act to ratify and confirm sales of certain lands by the City of Macon to W. J. Stribling, as evidenced by deed dated August 18, 1921, and to Cherokee Brick Company, as evidenced by deed dated March 12, 1946, to confirm the title to the properties covered by said deeds in the present owner, W. S. Dickey Clay Manufacturing Company, and for other purposes.

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Whereas, on the 18th day of August, 1921, the City of Macon did by deed which is recorded in Book 257, folio 685, Clerk's Office, Superior Court, Bibb County, Georgia, convey to W. J. Stripling the following described property: Preamble. Deed. All that tract or parcel of land situated, lying and being in the City of Macon, Bibb County, Georgia, and being a part of Seventh Street, and part of Macon Reserve, and more particularly described as follows: Beginning at a point in Seventh Street a distance of 120 feet south of the center line of Ocmulgee Street, and 48 feet east of the center line of Seventh Street, thence run in a southeasterly direction at right angles to the center line of Seventh Street a distance of 25 feet, thence angle left 5200[prime] and run in an easterly direction a distance of 400 feet, thence at right angles and run in a northerly direction a distance of 100 feet, thence at right angles and run in a westerly direction a distance of 311 feet, more or less, to a point within 48 feet of the center line of Seventh Street, thence angle left 3815[prime] and run in a southwesterly direction parallel to the center line of Seventh Street and 48 feet therefrom a distance of 131.5 feet, more or less, to the point of beginning; and Land described. Whereas, the said aforementioned property was by W. J. Stripling conveyed to G. N. Thomas and W. I. Tucker, by deed dated January 7, 1928, and recorded in Book 336, folio 421, and was by G. N. Thomas and W. I. Tucker conveyed to T. T. Packing Company by deed dated December 2, 1930, recorded in Book 380, folio 762, and was by T T Packing Company conveyed to Morris Barnett, George Barnett, Mathews Barnett and Samuel Barnett, by deed dated August 31, 1943, recorded in Book 512, folio 259, and was by George Barnett and Mathews Barnett, individually and as Executors of the Wills of Morris Barnett and Samuel Barnett, conveyed to W. S. Dickey Clay Manufacturing Company by deed dated March 12, 1946, recorded in Book 542, folio 741; and Deeds. Whereas, on the 12th day of March, 1946, the City of Macon did by deed recorded in Book 542, folio 742, convey to Cherokee Brick Company the following described property, to-wit: Deed.

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All that tract or parcel of land situated, lying and being in the City of Macon, Bibb County, Georgia and being part of Seventh Street and part of the Macon Reserve and being more particularly described as follows: Beginning at a point a distance of 120 feet southwest of the center line of Ocmulgee Street and 48 feet southeast of the center line of Seventh Street; thence running 25 feet parallel to Ocmulgee Street in a southeasterly direction; thence angle 4701[prime] left running 601.3 feet, more or less, in an easterly direction to the southwest bank of the Ocmulgee River; thence angle left 13609[prime] running 435.6 feet along the southwest bank of the Ocmulgee River in a northwesterly direction; thence angle left 8650[prime] running 284.3 feet in a southwesterly direction; thence angle left 14200[prime] running in an easterly direction 311.5 feet; thence angle right 9000[prime] running 100 feet in a southerly direction; thence angle 9000[prime] running 400 feet in a westerly direction to the point of beginning; and Land described. Whereas, the aforementioned property was by Cherokee Brick Company conveyed to W. S. Dickey Clay Manufacturing Company by deed dated March 13, 1946, recorded in Book 542, folio 739; Deed. Now, therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, as follows: Section I. Said sale of the two properties hereinbefore described as aforesaid be and the same are hereby ratified and confirmed as of the date of said conveyances, and does hereby declare that the said W. S. Dickey Clay Manufacturing Company is vested, as successor in title under said conveyances, with the fee simple title to the aforementioned properties. Sales and title confirmed. Section II. Be it further enacted that all laws or parts of laws in conflict herewith be and they are hereby repealed. Approved February 27, 1947.

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NEWNANRETIREMENT OF CITY EMPLOYEES. No. 58 (House Bill No. 149). An Act to amend an Act of the General Assembly of Georgia, entitled an Act to create a new charter of the City of Newnan, in the County of Coweta, approved December 8, 1893, and to amend particularly an Act of the said General Assembly approved August 15, 1910, amending said Act approved December 8, 1893, and to amend any Act amendatory to either of said above-described Acts, so as to authorize and empower the City of Newnan by its Mayor and Aldermen 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that there is hereby created a System of Retirement for employees of the City of Newnan, and benefits to such employees due to any accident or illness resulting from occupational hazards, a method for providing a fund for the payment of all such benefits, which shall be deposited with the Clerk of the City of Newnan, who shall be the custodian thereof and who shall keep said fund separate and apart from other funds of said City, and which fund 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. Acts of 1893 and 1910 amended. Retirement plan for employees. Fund. Section 2. From and after the passage and approval of this Act, the City of Newnan shall levy each pay day upon the salaries or per diem of each and every employee of said City to benefit hereunder a tax of four per cent 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

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into the retirement fund hereby created, a sum of money equal to the aggregate amount of said tax on said salaries and per diem of all the employees affected hereby, and shall thereafter underwrite any deficit which may show up in the fund from time to time. Levy on salaries. Retirement fund. 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. 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 Newnan, the City Clerk, one employee to be chosen by majority vote of the city employees affected 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. Retirement Board of Trustees. Terms. Said Retirement Board shall establish reasonable rules and regulations for the purpose of administering this Act. Rules, etc. Any employee dissatisfied with the action of said Retirement Board shall have the right to appeal to a jury in the Superior Court of Coweta 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. Appeals. 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. Member vacancies.

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Section 6. The members of the Retirement Board shall serve without compensation. No compensation. 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 Newnan, I will diligently and honestly administer the affairs of said Board, and will not knowingly or willfully violate or permit to be violated any of the provisions of the law applicable to the Retire-System. The oath may be taken and subscribed to before any officer authorized by law to administer an oath. Oath of members. Section 8. It shall be the duty of all Board Members to 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. Duty, procedure. 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. Withdrawals from fund. Section 10. Retirement Eligibility. (a) To be eligible for retirement an employee must have attained the age of sixty-five 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. Eligibility for retirement. (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. (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, 1947, shall be required to work five years longer unless the sixty-fifth birthday of such person is reached

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during the five-year period, or unless such person becomes totally or permanently disabled. (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 the City Council of Newnan 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 fund for five years before his retirement. (e) Any employee of said City may be permitted to work beyond the age of sixty-five if he or she so desires upon submission of satisfactory health certificate 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. Section 11. Retirement Benefits. (a) Any employee retiring under the provisions 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. For illustration, if the salary received 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 Newnan, 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 bear 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

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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. 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 by the Retirement Board. The monthly payments however shall not exceed the maximum amount fixed in Paragraph (a) of this Section at retirement age. (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. Beneficiaries. (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 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. Section 12. Be it further enacted by the authority aforesaid, that supplementing said pension fund contributed and paid as aforesaid by said employees of the City of Newnan, there shall be an amount appropriated by the Mayor and Aldermen of the City of Newnan, which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this Act. And the said Mayor and Aldermen of the City of Newnan are

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hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing the said pension fund and the paying of pensions to its said employees under the terms and provisions of this Act. Supplementing fund. Section 13. Any employee leaving the service of the City of Newnan 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 per centum, which said five percentum shall remain in said fund; provided, however, that any employee who leaves the service of the City of Newnan 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. Employees leaving service. Section 14. Employees subject to the provisions of this Act shall be all regular employees of the City of Newnan, 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. Employees included. 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. Service records. Person to keep. Salary. 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

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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. Age limit. Section 17. None of said Retirement Funds nor any of the benefits under this Act shall ever be subject to garnishment, nor shall it be subject to assignment for any purpose. No garnishment or assignment. Section 18. No one not now employed by said City shall participate in benefits hereunder or be affected hereby except such as are employed on or after January 1, 1946, for the first time. Persons affected. 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 four 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, 1947, and said City shall pay an equal amount into said retirement fund, so that such returning employees shall stand on the same footing as employees on whose salaries the four 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. Persons in armed forces. Section 20. Be it further enacted that the charter of the City of Newnan be and is hereby amended as provided in this Act. Charter amended. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1947.

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COWETA COMMISSIONERSPENSIONING COUNTY EMPLOYEES. No. 59 (House Bill No. 150). An Act authorizing the Board of Commissioners of Roads and Revenue for Coweta 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 County employees may be classified; to provide the maximum amount of retirement pay or pension that any County employee may receive; to provide how present County employees may apply for retirement pay and how future County employees may be authorized to do so; to provide how qualified widows and minor children of County employees will be eligible for benefits or pensions; to provide for the naming of wives and minor children by County employees as beneficiaries; to provide for the method and manner of how the same shall be raised; to authorize said Board of Commissioners of Roads and Revenue for Coweta County to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of County 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 County Commissioners come under the terms of this Act; to provide that employees of the County School Department and elective officers, and all other employees not under the direct jurisdiction of the County Commissioners, shall be excluded from the terms of this Act; to provide a pension for regular veteran employees of Coweta County, notwithstanding any of the provisions of this Act; to provide that this Act shall take effect immediately on its passage by the General Assembly and approval by the Governor of Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Roads and Revenue for Coweta County, or other lawful County authority,

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in addition to their other duties and responsibilities placed upon them by law, are empowered to establish rules and regulations governing the payment of pensions to County employees of Coweta County, as in this Act set out. Rules and regulations for pensioning employees. Section 2. Be it further enacted by the authority aforesaid, that it shall be the duty of the Governing Authorities of said County to pass on all applications from employees of Coweta County who may be injured, permanently disabled, or incapacitated by old age, or sickness, or otherwise qualified under the terms of this Act, for pension, or retirement pay from Coweta County; and to pay the same in the manner and form and under the conditions and limitations hereinafter set forth, and subject to the rules and regulations for the same which may be adopted by the Commissioners of Roads and Revenue for Coweta County. After granting of such pensions, the pension shall thereafter be paid under the supervision of said County authorities who may discontinue the same in the manner hereinafter set out and prescribed. Duties of authorities. Benefits, applications, payments. Section 3. Be it further enacted by the authority aforesaid, that the County Commissioners, or other lawful County authority of Coweta County, shall be authorized to create a pension fund in the manner and form set out in this Act, and to levy taxes to pay the same, and to discontinue the payment of the same in the manner and form hereinafter set out, and such other rules and regulations prescribed by the Commissioners of Roads and Revenue for Coweta County, Georgia. Pension fund. Levy of taxes. Section 4. Be it further enacted by the authority aforesaid that the following classes of employees of said County shall be eligible to receive pensions or retirement pay under the conditions and limitations hereinafter set out, and the following classes of pensions or retirement pay are hereby established: Employees eligible. (a). Any regular employee of Coweta County (male or female) who has reached the age of sixty (60) years, and who has served well and faithfully for a period of twenty-five (25) years or more (of which said service, five (5) years or more must have been immediately preceding the right of said employee to have benefits under this Act) may, upon application to said Commissioners of Roads and

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Revenue for Coweta County, be retired from active service, on and/or after December 31, 1947, if in the opinion of the Commissioners of Roads and Revenue for Coweta County, such employee is entitled under the terms of this Act to said retirement, and said employee, if retired, shall receive for the remainder of his life one-half the amount of the average monthly salary paid such employee for a period of five years immediately preceding the time of such retirement, as a pension, provided however, that no pension shall exceed the sum of One Hundred 00/100 ($100.00) Dollars per month. Age retirement. Amount. (b). Any regular employee (male or female) of Coweta County who shall be permanently and totally disabled while in the performance of his duty as such employee, may be granted a pension by the Commissioners of Roads and Revenue for Coweta County in an amount not to exceed one-half the average monthly salary paid to such employee by said Coweta County for a period of five years immediately preceding the permanent and total disability; provided however, that such pension shall in no event exceed the sum of One Hundred 00/100 ($100.00) Dollars per month; provided further, that the permanent and total disability aforesaid shall be established by the sworn and written statement of at least two competent, reputable and practicing physicians of Coweta County, one of whom shall be a regularly appointed County Physician; and provided further, that said Commissioners aforesaid in regular meeting assembled, shall vote by a majority of said Board in favor of granting said pension and retirement pay to such employee, and such action of said Board shall be spread upon the minutes of such Board. The pension provided for in this paragraph may be granted irrespective of the term of service of such employee on and/or after December 31, 1947. Disability. Amount. Section 5. Be it further enacted by the authority aforesaid, that all regular employees of Coweta County who may come under this Act as hereinbefore set out and as hereafter set out and who shall be eligible for a pension under the terms hereof, shall from and after the date hereinafter set out contribute four per cent (4%) of his or her monthly salary to the pension fund of said County. Said pension fund shall be paid over to the Treasurer of Coweta

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County as a trust fund for said employees who come under this Act and who may contribute to the same. Said pension fund shall be managed and administered by said Commissioners of Roads and Revenue for Coweta County, Georgia. Contributions to fund. Section 6. Be it further enacted that said pension and retirement fund shall be maintained as follows: beginning on the first day of the month following the passage of this Act, there shall be deducted from the salaries and wages of the regular employees of Coweta County coming under the provisions of this Act the sum of four per cent of the monthly salary of such County employee, but not to exceed $8.00 per month, for each County employee, which shall be paid to the Treasurer of the County. If the pensioner desires that his widow or minor child or children succeed to his 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 and by paying an additional one per cent of his monthly salary, or an amount not to exceed $2.00 per month, in the said fund, which should entitle his widow and minor child or children, as the case may be, to sixty per cent 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 one per cent shall be paid from the time the County employee becomes a member of the said fund. Provided, however, that before his wife or widow shall be eligible to a pension, she must be married to the member or pensioner at least five years before he becomes eligible for retirement. How fund maintained. Payments. Beneficiaries. Section 7. Be it further enacted by the authority aforesaid that should any employee of said County, who has contributed to said fund die, resign or be dismissed from the service of said County, seventy-five (75) per cent of the amount of his contribution to said pension fund shall be returned to said employee, or his estate, provided at the time of such dismissal, resignation, or death, no pension has ever been granted to such employee. And provided further, that said County employee, in case of death, has made no provision under the terms of Section Six (6) of this Act for his widow and minor children to receive other and further benefits. Should any employee of Coweta County, who resigned, or has been dismissed from the service of

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Coweta County, and who has been paid the amount hereby authorized to be paid to such resigned or dismissed employee, he or she shall not be eligible for a pension again unless and until such employee repays into such pension fund the amount that was heretofore withdrawn by him or her from said fund. After an employee is granted and begins to receive a pension, such employee shall no longer be required to contribute to the pension fund. Benefits. Restrictions. Section 8. Be it further enacted by the authority aforesaid, that upon the effective date of this Act it shall be lawful for the said Commissioners of Roads and Revenue of Coweta County to deduct from the monthly salary of the employees who are eligible to receive pensions under this Act four per cent of said monthly salary, and an additional one per cent of said monthly salary provided said employee has designated his wife or minor child or children as beneficiaries to succeed to his right as pensioner upon his death, after retirement on pension, or being eligible to retire, and place the same with the Treasurer of said County as a pension fund aforesaid. The amount or amounts of money which each of said employees thus contributes to said pension fund and which is thus deducted from the salary of said employee shall not be subject to garnishment, or other process, nor shall it be subject to assignment by said employee. Deductions from salaries. No garnishment or assignment. Section 9. (a). Be it further enacted by the authority aforesaid, that upon the death of any County employee who is eligible to receive a pension under the terms of this Act, and who has contributed to said pension fund in this Act set out, that it shall be lawful for the said Commissioners of Roads and Revenue for Coweta County to pay to the duly constituted executor, administrator, or other lawful representative of said deceased person such sum as said employee may have contributed to said pension fund less twenty-five (25) per cent thereof, and provided further said deceased employee has made no provision under the terms of Section Six (6) of this Act for his widow and minor children to receive other and further benefits, and provided said deceased employee has never received any pension or retirement pay under the terms of this Act and the rules and regulations of the Commissioners in carrying out the terms of this Act. Death payments.

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(b). Should a retired employee die without having received in retirement funds, 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, provided that said deceased employee has made no provisions under the terms of Section Six of this Act for his wife and minor child or children to receive other and further benefits. Section 10. Be it further enacted by the authority aforesaid, that supplementing said pension fund contributed and paid as aforesaid by said employees of Coweta County, there shall be an amount appropriated by the Commissioners of Roads and Revenues for Coweta County, which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this Act. And the said Commissioners of Roads and Revenue for Coweta County are hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing the said pension fund and paying pensions to its said employees, their widows and minor children, as provided under the terms and provisions of this Act. Supplementing fund. Levy of taxes, appropriation of money. Section 11. Be it further enacted by the authority aforesaid that nothing in this Act shall be construed to deprive any present employee of the Commissioners of Roads and Revenues for Coweta County of the number of years of service in the employ of said County which he or she has to his or her credit in determining the right of such employee to a pension at any time hereafter. The number of years which any employee of said County who is eligible to a pension and who comes under the provisions of this Act, has heretofore served in the employ of Coweta County, shall be preserved and shall be counted and computed to his credit and in his or her behalf when said employee applies for a pension under the terms of this Act and under any of the classes herein established. Credit for past service.

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Section 12. Be it further enacted by the authority aforesaid, that upon the death of any pensioner of any of the classes set forth in this Act, his or her pension shall cease and determine and shall not continue to be paid to his or her heirs, (provided that said deceased employee has made no provisions under the Terms of Section Six of this Act for his widow and minor child to receive other and further benefits) executors and administrators. Death of pensioner. Section 13. Be it further enacted by the authority aforesaid, that if any regularly appointed and acting County Policeman, or other regular employee of said County, shall be killed in the performance of such employee's duty as such policeman, or such other regular employee, his widow (and in the event he leaves no widow, his dependent minor children) shall be eligible to receive a pension under the existing laws pertaining to pensions for employees of said County, such pension in no event to exceed the sum which said policeman, or other employee, would be eligible to receive under the terms of this Act setting out how such employees are to receive pensions; said sum to be paid to the widow, only so long as she remains unmarried; and in the event it is paid to dependent minor children, it shall be paid only during such dependency and such minority; provided that in no event shall any benefits be paid hereunder to a minor child of such deceased employee, who may have contracted marriage, or who may thereafter contract marriage, before minority ceases. Death in performance of duty. Section 14. Be it further enacted by the authority aforesaid that the County employees who come under the terms of this Act, and who are to receive the pension and retirement benefits under this Act are such regular employees of Coweta County hired by the Board of Commissioners of Roads and Revenue of Coweta County (namely: Warden, deputy warden, guards, and other employees at Public Works Camp; Superintendent and other employees at County Farm; County Police; Clerk of the Board of County Commissioners; Assistant Clerk or clerical employees in the Commissioners' Office; and Janitors at the Court House and County Office (or Welfare) Building) who are under exclusive control and supervision of said County Commissioners and who receive their entire monthly salary or compensation from Coweta County through the Board

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of County Commissioners, and it is intended that this Act shall be mandatory in its application to such employees as in this Section named, that is, the employees directly employed by, and who are under the exclusive control and supervision of the Board of Commissioners of Roads and Revenues for Coweta County, Georgia. Employees under act. Mandatory. Section 15. Be it further enacted by the authority aforesaid that County officers elected by the people, their deputies, and Clerks of the various departments where the heads of such departments are elected by the people; employees of the County School Department, and elective officers; employees in the Welfare Department; and all the other personnel of Coweta County who are not directly under the control of the Board of County Commissioners of Roads and Revenue for Coweta County, are excluded from the terms of this Act. Persons excluded. Section 16. Be it further enacted by the authority aforesaid, that as to any of the employees who come under the terms of this Act, and as to whom the Act is mandatory, upon their reaching the age of sixty (60) years and who have served twenty-five (25) years with the County, whether continuous or not, they may be retired by said Board of Comissioners of Roads and Revenue of Coweta County, Georgia, and receive on such retirement thereafter, for the balance of the term of their natural lives, the same monthly pay that they would be entitled to had they voluntarily applied for retirement. Age limit, service. Retirement. Section 17. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues for Coweta County, shall have authority and power to enact by ordinance, resolution or other formal action, any and all other reasonable rules and regulations which it may deem necessary for the proper administration and enforcement of this Act with reference to pensions and retirement fund. Powers, rules, and regulations. Section 18. Be it further enacted by the authority aforesaid that no employee of Coweta County shall become eligible to receive the benefits of the pension funds, or retirement pay under the terms of this Act (except as hereinafter specifically provided for regular veteran employees who have reach the age of sixty (60) years, and who have served Coweta County well and faithfully for a period

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of twenty-five years continuous service immediately preceding the passage of this Act, and who does not desire to qualify and become eligible to receive pension or retirement pay under the conditions and limitations set forth in Section 4, sub-paragraph (a) and (b) of this Act) until January 1, 1948, at which time the Commissioners of Roads and Revenue for Coweta County are authorized to commence the payment of pensions or retirement pay to employees qualifying under the terms of this Act. When payments commence. Section 19. Be it further enacted by the authority aforesaid that notwithstanding any of the terms, conditions and provisions of this Act, any regular veteran employee of Coweta County having reached the age of sixty (60) years, and who having served Coweta County well and faithfully for a period of twenty-five (25) years, or more, continuous service immediately preceeding the passage of this Act, and who does not desire to qualify and become eligible to receive a pension or retirement compensation under the conditions and limitations as set forth in Section 4, sub-paragraphs (a) and (b) of this Act, shall be entitled to receive a pension or retirement compensation in the sum of Fifty 00/100 ($50.00) Dollars per month, beginning on the first day of the month immediately following the passage of this Act, provided however, said employee's application for pension or retirement pay under this Section of said Act is approved by the Commissioners of Roads adn Revenue for Coweta County and no limitation as to the duration or continuity of service, or any other provisions of this Act as prescribed, laid down, or set forth in this Act shall apply to said regular veteran employee, and provided further however, that nothing in this Section shall be construed as conferring the right to a pension to any dependent of said regular veteran employee, or to his widow and minor child or children after his death, but the benefits conferred by this Section of this Act shall be limited to the said regular veteran employee qualifying under the terms of this Section, personally, for and during his natural life. Veteran employees not desiring to qualify under Act. Commissioners to approve. Benefits only to employee personally. Section 20. Be it further enacted that where the pensioner has designated his wife and/or minor child or children as his beneficiary and at the time of his death his

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wife is dead, then sixty per cent 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 eighteen years. The interest of any minor child or children in such pension shall cease when he reaches the age of eighteen years. Wife, child, or children. Section 21. Be it further enacted that the Commissioners of Roads and Revenue for Coweta County shall have authority to receive gifts or donations of money or property, real or personal, for the pension or retirement fund; to invest the pension or retirement funds in bonds that Executors, Administrators or Guardians are authorized to invest in under the laws of this State. Gifts to fund. Investment. Section 22. Be it further enacted by the authority aforesaid, that this Act shall be liberally construed to effect the purposes hereof. Liberal construction. Section 23. 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. Section 24. Be it further enacted by the authority aforesaid, that this Act shall become effective immediately upon its passage by the General Assembly and approval by the Governor. Date effective. Approved February 28, 1947. NATIONAL SCHOOL LUNCH PROGRAMMEMORIALIZING CONGRESS. No. 3 (Senate Resolution No. 24). A Resolution. Whereas, in initiating, supporting and maintaining the national school lunch program, the government of the United States has rendered invaluable aid to the cause of public education, from which the common school system of Georgia has enjoyed its full participation since this wise legislation was originally fostered and the benefits thereof first became available to the pupils in our public schools; and Preamble.

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Whereas, it is essential to the realization of Georgia's ambitious plans for the full development of its educational program and the adequate instruction of the children of our State, that these Federal grants which were so auspiciously launched and so successfully maintained during recent years, whereby nourishing food at lunch time may be available to the growing generation of America's future citizens, shall continue without interruption; and Whereas, in the movement for retrenchment in national expenditures now so widely advocated, there is grave danger that this essential service shall be placed in jeopardy or sacrificed to the serious detriment of our educational interests. Therefore be it resolved, by the Senate of the State of Georgia, (the House of Representatives concurring) that we hereby memorialize and urgently bespeak the favorable consideration of the Congress of the United States of suitable appropriations that will insure the continuance and maintenance of the national school lunch program upon substantially the same basis which has heretofore represented such an important contribution to the institution of public education as it has come to be recognized among the paramount obligations assumed by the public treasury. Memorializing Congress. School lunch program. Be it further resolved that copies hereof be transmitted at once to the members of Georgia's delegation in the Senate and House of Representatives of the Congress of the United States. Copies to State's delegation. Approved March 3, 1947. EAST DUBLIN CHARTER. No. 60 (House Bill No. 207). An Act to incorporate town of East Dublin, in the County of Laurens, State of Georgia, to define the Corporate limits thereof; to provide for a Mayor and Council, to prescribe their powers, duties and manner of their election;

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to provide for the support of said town by taxation and otherwise; to provide for the qualification of all electors or voters therein and for the registration of same; to provide for a Police Court; and the trial and punishment therein of all offenders against the laws of said town; to provide for Chain gang and working of prisoners; to provide for a Police Department; to authorize the town of East Dublin to own, maintain, and operate a system of water works; sewer, electric light plant; to authorize said town to borrow money and issue bonds, and other evidences of debt for public purposes, to grant, extend and repeal public utility franchises, and to provide for regulation thereof; to provide for streets, avenues, lanes, sidewalks, and crossings and laying out openings, grading, working and paving same; to provide for the assessment, levy and collection of an advalorem tax on all property, real and personal, for general purposes, and for paying principal and interest of any bonded debt of the town; to authorize a tax or licenses of all kinds for businesses, trades, professions, shows, exhibitions and entertainments in said town; to prohibit the sale of all intoxicating liquors, or the keeping or storing of intoxicating liquors; to provide for all other matters and things necessary, proper or incident to a Municipal Corporation, and 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 the inhabitants of the territory hereinafter designated be, and they are hereby constituted and made a body politic under the name and style of Town of East Dublin, and by that name and style shall have perpetual succession with power and authority in and by said corporation to contract and be contracted with, to sue and be sued, to plead and be impleaded in any Court of law or equity in this State, or elsewhere, as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess and retain, to them, their successors and assigns for the use and benefit of said town of East Dublin in perpetuity, or for any term of years, any estate or

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estates, and any and all kinds of property, real and personal, within or without the corporate limits of said town for Corporate purposes; they shall have the right to borrow money and give evidences of indebtedness for the same, to issue bonds, and to do and perform all and every act and acts necessary or incident to the raising of funds for the legitimate use of said town; they shall have the right, power and authority to govern themselves by such rules, bylaws, regulations, resolutions ordinances or other orders as they may deem proper, not to conflict with this Charter, or the Constitution and laws of this State, or of the United States. Town of East Dublin incorporated. Rights and powers. Section 2. Be it further enacted: That the corporate limits of the town of East Dublin shall be as follows: Corporate limits, description. Beginning at a point on the Eastern bank of the Oconee River, and immediately under and in the center of the Railroad tressel, which crosses the Oconee River leading from the City of Dublin, and which tressel is jointly used by the Wrightsville Tennille Railroad Company, and the Macon, Dublin Savannah Railroad Company, and running thence Northerly along the center of Railroad tracks 67 degrees 30 Minutes, East 1231 feet to a point; thence from said point along the center of the track of Macon, Dublin Savannah Railroad North 79 degrees 15 Minutes East 650 feet; thence South 61 degrees 30 Minutes East 750 feet; thence continuing along the center of said Railroad tracks South 35 degrees East 1300 feet to a point; thence South 78 degrees East 1550 feet; thence South 52 degrees 45 Minutes East 220 feet; thence South 65 degrees 50 Minutes East 2860 feet; thence South 58 degrees 40 Minutes East 1300 feet; thence North 71 degrees 30 Minutes East 1785 feet; thence North 59 degrees East 720 feet to the point in center of River road; thence North 40 degrees 30 Minutes East 1193 feet; thence South 68 degrees East 267 feet; thence North 24 degrees East 1550 feet; thence North 77 degrees; 30 Minutes West 1517 feet; thence North 24 degrees West 2145 feet along a Spring Branch; thence continuing along Spring Branch North 19 degrees East 1850 feet; thence North 79 degrees 30 Minutes West 5120 feet to a point in Buckeye Road; thence North 62 degrees West 2500 feet to Eastern Bank of Oconee River;

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thence South 15 degrees West along the banks of said Oconee River 2000 feet; thence continuing along the Bank of said River South 41 degrees West 1650 feet; thence continuing South 52 degrees West 2310 feet to a point; thence continuing along the banks of said River South 16 degrees West 1000 feet; thence continuing South 26 degrees East 1030 feet to the point of beginning. Section 3. Be it further enacted that the Municipal Government of said town shall be vested in a Mayor and five Councilmen. Mayor and Councilmen. Section 4. That said Mayor and Council shall constitute the Legislative Department of said City, and as such shall have full power and authority to establish such rules, laws, ordinances, regulations and orders as they deem proper, respecting any and all Municipal affairs, and which they may consider necessary or proper, or incident to the good Government of said town, and to the peace, security, health happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order and dignity of said Government. Powers. Section 5. The Mayor and Council of said town may elect a Town Clerk and Treasurer, who shall hold office for such period of time and receive such compensation as may be provided by said Mayor and Council. Said Mayor and Council likewise may elect a Chief of Police, and such other Policemen as may be needed and such other City employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by said Mayor and Council, and shall receive such compensation as may be provided at the time of election. Town officers. Section 6. Be it further enacted that any person, resident of said town of East Dublin, and who has been a bona fide resident for six months prior to the time of the election, and who shall be twenty-one years of age, and a qualified voter of said town, shall be eligible to hold the office of Mayor or Councilman of said town. Should the Mayor or any Councilman remove his residence from the limits of said town, during his term of office, his office shall thereby become vacant. Mayor and Councilmen. Qualifications. Section 7. Be it further enacted that in the case of a

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vacancy in office of Mayor, or any member of the Council from death, removal, disability, or any cause whatever said vacancy shall be filled by an election ordered by the Council of said town, to take place not more than sixty days from the time such vacancy occurred, and to be held under the same rules and regulations that govern other elections in said town. Vacancies. Election. The City Clerk, or such other officer as may be designated by the Council, shall cause notice of the holding of said election and the time and purpose thereof, to be given by posting at three different public places within the limits of said town. Notice. Section 8. Be it further enacted that before entering upon their duties as Mayor and Council, of said town, the Mayor and Council shall take the following oath: Oath. I do solemnly swear that I will faithfully discharge the duties devolved on me as Mayor or Councilman (as the case may be) of the town of East Dublin. That I will faithfully execute and enforce the laws of said town to the best of my ability, skill and knowledge, SO HELP ME GOD. Section 9. The Mayor shall be the Chief executive officer of said town, and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said town are enforced. He shall preside at meetings of the Council, but he shall not be allowed to vote except in cases of a tie vote by the Council on any question or measure. The Mayor shall have the veto power and may veto any ordinance, order or resolution of the City Council, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least three Councilmen duly recorded on the Minutes. Unless the Mayor shall file in writing with the City Clerk his veto of any measure passed by said Council, together with his reason for disapproval within three days after its passage, said measure shall become law, as though approved by him. Mayor. Duties, powers. Section 10. The Mayor shall have full authority and power to pardon, suspend, or commute the sentence of any person for a violation of any ordinance of said city. Power over sentences. Section 11. The Mayor and Council of East Dublin shall have full power to fix the time, place and rules of procedure

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of their regular sessions. The Mayor shall have power to convene the City Council in special sessions whenever he deems it proper, and the Mayor and Council shall have full authority and power to perform any of their duties or powers at a special or called session. Procedure, sessions. Section 12. At the first meeting of the elected Council under this Charter, they shall elect one of their members as a Mayor Pro tempore, who shall, in the absence, disability or disqualification of the Mayor, perform all of the duties and execute all of the rights, powers and privileges of the office of Mayor. Such elected Mayor pro tempore shall hold until the first regular meeting of the Mayor and Council of the town of East Dublin on the January following such election, and at such meeting Council of the town of East Dublin shall again elect. Mayor Pro Tempore. Section 13. The salary of the Mayor shall not exceed $25.00 per month. Members of Council shall receive $2.00 per meeting, PROVIDED, however, they shall not receive more than $2.00 for any one month, regardless of the number of meetings. Salaries. Section 14. The Mayor and Council are empowered to elect a Chief of Police, and such other Policemen and such other Police officers as they may by ordinance prescribe, their term of office, compensation, eligibility, and qualifications shall be prescribed by the Mayor and Council. Chief of Police. Policemen. Section 15. The Mayor and Council shall likewise have the right to establish a Fire Department, with such officers and employees and at such salary as the Mayor and Council may determine. Fire Department. Section 16. The Mayor and Council are empowered to name and elect such other employees of said town as in their opinion they deem proper, and to fix their salaries and provide for the term of office. Other employees. Section 17. Be it further enacted that on the first Wednesday in May, 1947, there shall be held an election in said Town of East Dublin for the purpose of electing a Mayor and five Councilmen, and the Mayor and Council so elected shall hold office until the first day of January, 1949, and until their successors are elected and qualified. On the first Wednesday in December, 1948, and each two years thereafter, there shall be held an election for Mayor and

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Council of said town and the Mayor and Council so elected shall hold office for a period of two years from January 1st following their election, and until their successors are elected and qualified. Elections of officials. Terms. Section 18. At the election on the first Wednesday in May, 1947, all residents within the corporate limits of said town, who are qualified to vote for the General Assembly from Laurens County, shall be eligible to vote. The Managers of said election shall be a Justice of Peace or a Notary Public Ex Officio Justice of Peace of the Militia District in which said Town of East Dublin is located, and two freeholders who reside within the limits of the Town of East Dublin and who are qualified voters. The Tax Collector of Laurens County, Georgia, is directed to deliver to the managers of such election a list of the qualified voters residing within the limits of said town, and at the election to be held on the first Wednesday in May, 1947, all names appearing upon such list shall be eligible voters. This list shall be furnished to the Managers of the election two days before the date of the election, and the Ordinary of Laurens County, Georgia, is directed to name a Justice of Peace, or Notary Public Ex Officio Justice of Peace, and the two freeholders, who shall be Managers of such election. Eligibility to vote. Election procedure. Section 19. The Managers of such election shall count the votes, declare and certify the results and the Mayor and Council so certified by said Managers as having been elected, shall immediately enter upon their duties and hold office until January, 1949. The certificate of election signed by such Managers shall be filed with the Mayor and Council. Counting votes. Certifying results. Section 20. On the first Wednesday in 1948, and each two years thereafter, there shall be an election held in said town for the purpose of electing a Mayor and Council. Both the Mayor and Council shall hold office for a period of two years from January 1, 1949, and until their successors are elected and qualified. Such election shall be held in the manner hereinafter provided for. Elections. Terms. Section 21. All residents of the Town of East Dublin who had bona fide residence within the limits of said town six months prior to any election, and who are otherwise qualified to vote for members of the General Assembly of the State of Georgia, (or who will be at the time such election

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may be held), shall be eligible to vote, provided, however, that they be properly registered as hereinafter provided for. Qualification to vote. Section 22. The Mayor and Council of the town of East Dublin shall provide for and supervise any elections and shall name the managers thereof. Such Managers may be a Justice of Peace and two freeholders, who are qualified voters of said town, or three freeholders, who are qualified voters of said town. They shall hold such election, count the votes, declare and certify the result to the Mayor and Council of the town of East Dublin, who shall in turn certify to the election of Mayor and Council. Election procedure. Section 23. All managers of any election provided for in this Charter, shall take the following oath: Managers' oath. All and each of us do swear that we will faithfully supervise this day's election; that we are qualified to hold such election under the Charter of the town of East Dublin, and that we will make a just and true return thereof, and we will not permit anyone to vote in this election, who is not entitled to vote, according to the laws of said town. The polls in all elections shall be open from 8:00 o'clock A. M. Eastern Standard Time, to 5:00 o'clock P. M. Eastern Standard Time, when they shall be closed, when the managers shall proceed to count the ballots, consolidate the returns and certify the results. They shall keep a list of voters and tally sheets, and shall deliver said list of voters and tally sheets, sealed, to the Clerk of the Board of Mayor and Council, or to any other designated officer, and the Mayor and Council shall meet within five days after the election and declare the result. In all elections the party receiving plurality of votes shall be declared elected Mayor, the five parties receiving plurality of votes shall be declared elected Councilmen. Election procedure. Section 24. Be it further enacted that within thirty days after the first election of a Mayor and Council, such Mayor and Council shall provide suitable books for the permanent registration of qualified voters of said town. Said registration books shall carry the following oath: Registration books. Voters' oath. I do solemnly swear that I am 21 years of age, and qualified under the Constitution and laws of the State

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of Georgia, to vote for members of the General Assembly from the County of Laurens, and that I have been a bona fide and continuous resident in the Town of East Dublin for a period of six months (or will have by the time of the next City election). Each party registering shall take such oath, and the town Clerk, or the Custodian of the Registration book, is authorized to administer said oath, and all persons registering shall sign their full name in the registration book entering the sex, age, race of person registering. No person registering as herein provided shall be required to again register as a qualified voter of said town so long as he remains a resident thereof, and does not become otherwise disqualified. Whenever an election is to be held for said town, the Clerk shall close the registration book 15 days before such election. The Clerk, or other designated officer, shall for the purpose of this Act be the Registrar. He shall be a resident of the town and before entering on his duties shall be sworn to faithfully and impartially perform his duties of the office. It shall be the duty of the Registrar to make from said Registration books a list of qualified voters in said election. No name of any registered person, who is a resident of the town, shall be stricken from said list, or excluded therefrom as being a disqualified voter without serving such person with notice to show cause why his name should not be excluded. Such notice shall state the time and place of a hearing as to his disqualification and shall be served on such person at least 12 hours before the time of such hearing; such person shall be allowed to appear and submit evidence as to his qualification, and after completion of any such hearing such Registrar shall strike from the permanent Registration books and from the Voter's list the names of all persons found to be deceased, or disqualified to vote. Registration. Notice and hearing. Section 25. The Mayor and Council of said town shall have full authority and power to provide for the punishment of illegal registration and illegal voting, and to provide additional regulations covering the registration of voters. Illegal acts. Section 26. Be it further enacted that the Mayor and Council of said town are authorized and empowered to

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provide by ordinance for the assessment, levy and collecting of advalorem taxes not exceeding 10 mills on the dollar on all property, real and personal, within the corporate limits of said town. They shall likewise have power and authority to levy and collect a specific tax on any and all professions, trades, calling, or business of any nature whatsoever. Taxes. Section 27. Be it further enacted that the Mayor and Council of said Town shall have the right to provide for the annual return of property, both real and personal for taxes, by the citizens and tax payers of said town, and shall have the right to supervise all the returns for taxes and, in their discretion, place a proper valuation on such property, subject to taxation, when they are satisfied that said property has not been returned at its proper valuation by the owner, or agent in charge of same; Provided, however, that they give the owner or agent of said property three days notice of their intention to revise said tax returns prior to the time of doing so. The Mayor and Council of said Town shall by ordinance provide the time for the making of such tax returns, and the time when taxes shall be paid to said town. Tax returns. Section 28. The Mayor and Council of said town have power to issue tax executions against all persons who have not paid their taxes by the time fixed, and defined by ordinance. All Tax executions and special licenses and all processes for the collection of taxes or money due to the town of East Dublin shall be signed by the Clerk of said town, or by other designated officer. It shall be the duty of the Marshal, or Deputy Marshal to levy and collect all executions for taxes, or other money due the town, to advertise and conduct all sales of property under execution or other process, execute deeds, and other conveyances usual in such cases, and to perform such other services as the Mayor and Council may direct. All sales of property, both real and personal, under tax executions issued for taxes owing to the town of East Dublin shall be advertised and sold as now provided by law with reference to the sale of property under tax executions issued for taxes by Laurens County, Georgia. Tax executions. Sales, [Illegible Text] Section 29. The town of East Dublin is authorized and empowered to issue bonds for any Municipal purposes within

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the limits provided by the Constitution and laws of the State of Georgia, and in accordance therewith. Bonds. Section 30. There shall be a Police Court established by said town, which shall have jurisdiction to try offenses against the laws and ordinances of the Municipal Government, and shall be presided over by the Mayor of said town, or the Mayor Pro tempore in the absence or disqualification of the Mayor. Police Court. Section 31. The Mayor, as the presiding officer of said Police Court, shall have power to impose fines for the offense of breaking the laws or ordinances of said town in an amount not to exceed $200.00, or to imprison offenders in the City Barracks for a period of not more than thirty days, or to labor on the public works or the streets of said town for ninety days. He shall have the power to punish for contempt by a fine not to exceed $50.00, or imprisonment in the town barracks not to exceed thirty days. He shall have the power of a Justice of Peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the town, which warrants may be executed by any member of the Police force, and to try to commit the offender to jail in Laurens County, or admit them to bail, for their appearance at the next term of a Court of competent jurisdiction to be held in and for said County. Fines and imprisonment. Warrants, commitment, bail. Section 32. The Chief of Police or some other member of the Police force, to be designated by him, shall attend the session of said Court, and act as Clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said Court. Police officer. Duties. Section 33. In the absence, sickness, or disqualification of the Mayor, the Mayor Pro tempore of said Town shall be clothed with all powers of the Mayor and shall hold said Police Court. Mayor Pro Tempore. Section 34. There shall be no appeal from the judgments or decisions of the Police Court of said town, except by Writ of Certiorari to the Superior Court of Laurens County, Georgia, and such Writ of Certiorari shall be obtained in the manner now provided by the general laws of the State of Georgia. No appeal, but certiorari. Section 35. The Mayor and Council of said town shall

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have the right and power to abate any nuisance likely to endanger the health of said town, and may abate such nuisance in a summary manner. Where the nuisance is caused by the Act of negligence of any individual, firm or corporation, the expenses of such abatement shall be charged against the party causing the same, and payment thereof enforced by fine, or imprisonment, or both, in the discretion of said Mayor and Council. Nuisances. Section 36. Said Town of East Dublin, by and through its Mayor and Council, shall have full power and authority to grade, pave and otherwise improve for travel and drainage any street, sidewalks, public lanes, and alleys in said town. They shall have full power and authority to assess 2/3 of the cost of paving, and otherwise improving sidewalks on the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved. The cost of such improvements assessed against the abutting property shall be a lien on such property and collection thereof may be enforced by execution and sale. Streets, sidewalks, lanes, alleys. Section 37. Said Town of East Dublin, through its Mayor and Council, is vested with full power and authority to establish, equip and maintain a system of sewerage and drains in said town. Sewerage. Section 38. Be it further enacted that the Town of East Dublin shall have the power of eminent domain, to condemn public or private property for the use of said town in accordance with the general laws of this State. Condemnation of property. Section 39. Be it further enacted that the Mayor and Council of said town shall have full power and authority to establish and fix fire limits within said town, and from time to time in their discretion to extend and enlarge same. When said limits are so established the Mayor and Council shall have the power and authority to make it unlawful for anyone to erect within said fire limits any building or structure of any material, other than brick, stone, or other non-combustible material, and such other materials as shall be authorized by the Mayor and Council of said Town. Fire limits. Building control. Section 40. Said Mayor and Council shall likewise have the power to prescribe by ordinance rules and regulations for the erection or improvement of any building of any kind within the limits of said town, with authority to require

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building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said town. Buildings. Permits. Plumbing. Section 41. Be it further enacted that the Mayor and Council, of said town, may by proper ordinance from time to time give full force and effect to all the powers contained in this Charter, and may by ordinance make a violation of any rules or regulations of said Mayor and Council, an offense punishable as hereinbefore provided in this Charter. Ordinances. Offenses. Section 42. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1947. DUBLIN BOARD OF TAX ASSESSORS. No. 61 (House Bill No. 91). An Act to amend an Act entitled an Act to create a new charter for the City of Dublin, in the County of Laurens, and to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937, Pages 1771-1818), and any and all Acts amendatory thereof, by repealing in its entirety Section 5 of Article III of said Charter, as amended by an Act Approved March 27, 1941 (Georgia Laws 1941, Pages 1360-1365), which section as amended provided for a Tax Commissioner in lieu of a board of three tax assessors, and provides for his election, prescribes his duties, provides for appeal from his decision, and for his compensation, and for other purposes; to enact a new section in lieu of the section herein and hereby repealed, same to be known as Section 5, Article III, and providing therein for a Board of Tax Assessors to make tax assessments on all real and personal property in said City of Dublin, said Board of Tax Assessors to be composed of not less than one (1) nor more than five (5) persons, prescribing their duties, and qualifications, providing for appeal from their decision on any tax

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assessment, providing for their compensation and for their terms of office and the manner and method of their removal from office, providing for their election by the Mayor and Board of Aldermen of said City; and for other purposes; and, to amend Section 6 of Article III of said Charter, as amended, by striking therefrom after the words Deputy Marshal in line ten (10) of said section the words or tax commissioner; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, as follows: Section 1. Section 5 of Article III of the Act to create a new Charter for the City of Dublin in the County of Laurens, to reincorporate said City and define its territorial limits, and for other purposes, approved March 31, 1937 (Georgia Laws 1937, Pages 1771-1818), appearing on Pages 1800-1801 of Georgia Laws 1937, as amended by an Act approved March 27, 1941 (Georgia Laws 1941, Pages 1360-1365), which, as amended, reads as follows: Section 5. Tax Commissioner. The value for taxation of all real and personal property in said City subject to taxation shall be determined by a Tax Commissioner, who shall be a resident and freeholder of said City, and shall be elected biannually by the Mayor and Board of Aldermen at the same time that the other officers and employees of said City are elected, and shall serve for a term of two years and until his successor is elected and qualified, unless removed for cause in the same manner that other city officers and employees may be removed. Ga. L. 1937, pp. 1771-1818, sec. 5, art. III as amended by Ga. L. 1941, pp. 1360-1365, repealed. The Tax Commissioner shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the Tax Commissioner any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the Tax Commissioner shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof on the returns or attach the same to the returns. It shall be the duty of the Tax Commissioner to see that all taxable property within the City is assessed and returned at its

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just and fair valuation and that valuation as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes and equalizations shall have been made by the Tax Commissioner, the Tax Commissioner shall immediately give notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business, or, in case of nonresidents of the City, by sending said notice through the United States mails to his last known place of address. This notice shall be served by the marshal or deputy marshal of said City, except in case of mailed notices to nonresidents. The Tax Commissioner shall fix regular office hours, which shall be stated in said notice, for hearing complaints, and any taxpayer dissatisfied with the action of the Tax Commissioner, may within five days from the receipt of such notice in case of residents, and within ten days in case of nonresidents, appear before and be heard by the Tax Commissioner as to any objection, protest or other cause why such increase, equalization or change in the valuation of his property should not be made. When the Tax Commissioner has completed the valuations and assessments on all tax returns as herein provided, he shall report same to the Mayor and Board of Aldermen for their approval and ratification. If any taxpayer is dissatisfied with the final action of the Tax Commissioner, he may within ten days thereafter appeal in writing to the Mayor and Board of Aldermen by filing such appeal with the City Clerk, and may appear before and be heard by that body at the next regular meeting after the filing of such appeal, or at such other time as the Mayor and Board of Aldermen may fix; and it shall be their duty to carefully review the valuations and assessments made by the Tax Commissioners and either approve, decrease or otherwise change same; and the decision of the Mayor and Board of Aldermen thereon shall be final. In addition to his duties as Tax assessor, the Mayor and Board of Aldermen may by proper ordinance authorize and empower the Tax Commissioner to collect taxes and executions for taxes or other money due the City; to advertise and conduct sales of property under tax executions or other

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process, execute deeds, and other conveyances provided by law in such cases; and perform such other services as the Mayor and Aldermen shall by ordinance prescribe in connection with the assessment, levy and collection of ad valorem taxes, special taxes and licenses. The Tax Commissioner shall be paid such compensation for his services as may be fixed by the Mayor and Board of Aldermen. Provided however, that nothing herein contained shall prohibit the Mayor and Board of Aldermen from consolidating and combining the offices of city marshal, deputy marshal and Tax Commissioner, and electing the same person to fill all or any two of said offices. Provided further, that nothing herein contained shall prohibit the Mayor and Board of Aldermen from consolidating and combining the offices of city clerk and Tax Commissioner, and electing the same person to fill both offices. Provided further, that the Mayor and Board of Aldermen are expressly authorized to adopt either one of the foregoing alternatives if in their judgment they deem such action to be for the best interest of the City government, be, and the same is hereby repealed. Section 2. Be it further enacted by the authority aforesaid, that the said Act to create a new Charter for the said City of Dublin be, and the same is hereby further amended by substituting in lieu of the Charter provisions and section above repealed, a new Section of said Charter to be hereafter known as Section 5 of Article III, providing as follows: New sec. 5. Section 5. Tax Assessors, Board of. The value for taxation of all real and personal property in said City of Dublin subject to taxation shall be determined by a Board of Tax Assessors. The said Board of Tax Assessors shall be composed of not less than one (1) nor more than five (5) persons, but shall be composed of either one (1) or three (3) or (5) persons. The said Board shall be composed of freeholders of said City of Dublin who have been residents of said City for not less than five (5) years immediately preceding their election to said Board, and who are above the age of twenty-one (21) years. The members of said Board shall be elected annually by the Mayor and Board of Aldermen of said City

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and shall serve for a period of one year and until their successors are chosen and qualified, unless sooner removed for cause. Any member of said Board may, at any time, be removed from said Board for cause in the same manner that other officers and employees of said City may be removed. The said Board members shall take and subscribe to an oath to assess all property in said City subject to taxation at a fair market value, to the best of their skill, ability and knowledge, and without fear or favor. And should they desire, or deem it proper, to increase or decrease or otherwise change the value or assessment of real or personal property from the value or assessment given in by the taxpayer, they shall give written notice, directed to the person whose taxes they desire or deem it proper to increase, decrease or otherwise change, such notice to be served personally on the taxpayer by the marshal or deputy marshal, or by leaving same at the taxpayer's residence or place of business within said City, evidence of which shall be an entry of service thereon by the marshal or deputy marshal, or such notice may be served by mail. Provided, such notice to non-residents shall be served by sending said notice through the United States mails directed to the taxpayer's last known address. Such notice shall state the date, the place and the hour that the taxpayer may, if he so desires, appear before the Board of Tax Assessors to offer any objections that he might have to the increase, decrease or other change in the value or assessment of real or personal property, or both, before the same is presented by the Board of Tax Assessors to the Mayor and Board of Aldermen for their approval and ratification. Each notice of an increase or decrease or other change in the value or assessment of real or personal property from that given in by the taxpayer shall allow such taxpayer not less than five (5) days in the case of a resident of said City, and not less than ten (10) days in the case of a non-resident of said City, to appear before the Board of Tax Assessors for the purpose of presenting to said Board his objections to such increase, decrease, or other change. In case any taxpayer shall be dissatisfied with the final action of said Board of Tax Assessors, he may then appeal to the Mayor and Board

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of Aldermen, who shall review the same, and whose decision thereon shall be final. If any taxpayer desires to appeal to the Mayor and Board of Aldermen from the final action of the Board of Tax Assessors on any valuation or assessment of his real and personal property, or any part of the same, he shall within ten (10) days thereafter appeal to the Mayor and Board of Aldermen by filing such appeal in writing with the City Clerk, and may appear before and be heard by that body at the next regular meeting of said body after the filing of such appeal, or at such other time as the Mayor and Board of Aldermen may prescribe; and it shall be the duty of the Mayor and Board of Aldermen in such cases to carefully review the valuation(s) and assessment(s) in such cases made by the Board of Tax Assessors, and to carefully review the objections of the taxpayer, and either approve or disapprove the valuation(s) and assessment(s) made by the Board of Tax Assessors, or make such increase, decrease or other change or adjustment as to said Mayor and Board of Aldermen shall appear meet, right and just in each such case; and the decision of the said Mayor and Board of Aldermen thereon shall be final. The Board of Tax Assessors shall examine all returns of both real and personal property of each and every taxpayer, and if in the opinion of the said Board any taxpayer has omitted from his returns any property that should be returned, or has failed to return any of his property at a just and fair valuation, the said Board shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof on the returns or attach the same to the returns. It shall be the duty of the Board of Tax Assessors to see that all taxable property within the City is assessed and returned at its just and fair valuation and that assessments and valuations are as fairly and justly equalized as may be arrived at by said Board. The members of the Board of Tax Assessors shall be paid such compensation for their services as may be fixed by the Mayor and Board of Aldermen, the same to be paid from the City treasury and not to exceed the sum of Six dollars ($6.00) per day to each for every day actually engaged in said work. When the Board of

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Tax Assessors completes the valuations and assessments on all tax returns as herein provided, they shall report the same to the Mayor and Board of Aldermen for approval and ratification. Board of Tax Assessors. Powers, duties, procedure. Section 3. Be it further enacted by the authority aforesaid that Section 6 of Article III of the Act to create a new charter for the City of Dublin, appearing on Page 1801, Georgia Laws 1937, as amended by an Act approved March 27, 1941 appearing on Pages 1364-1365 Georgia Laws 1941, pertaining to tax executions and the collection of certain taxes, be and the same is hereby amended by striking therefrom after the words deputy marshal in line ten (10) the words or tax commissioner, so that the said Section as amended shall read as follows: Sec. 6, art. III, amended. Words stricken. Section 6. The Mayor and Board of Aldermen shall have the power to issue tax executions against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions and special licenses issued by the City of Dublin or the Mayor and Board of Aldermen or any and all process for the collection of taxes or money due the City of Dublin shall be signed by the Clerk and issued by the Clerk of the said Mayor and Board of Aldermen of the City of Dublin. And it shall be the duty of the city marshal or deputy marshal to levy and collect all executions for taxes or other money due the City; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and to perform such other services as the Mayor and Aldermen shall by ordinance require. Provided, that nothing herein contained shall prevent the Mayor and Aldermen from consolidating and combining the offices of Chief of Police and City Marshal, and electing the same person to fill both offices. Tax executions, collection, sales. Chief of Police, City Marshal. Section 4. Be it further enacted by the authority aforesaid that this Act amending the charter of the said City of Dublin as aforesaid, shall be and become effective immediately upon its enactment by the General Assembly and approval by the Governor. Date effective. Section 5. Should any provision, phrase, clause or part of this Act be held unconstitutional or invalid for any reason,

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it is hereby declared the intent and purpose of the General Assembly that the remaining portions of this Act shall not be affected thereby but shall remain in full force and effect. If part invalid. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 3, 1947. LAURENS COUNTY OFFICERSSALARIES, FEES, TAX. No. 62 (House Bill No. 30). An Act To place the sheriff of Laurens County, and his deputies, and the clerk of the Superior Court of Laurens County, and his deputies, on a salary basis; to fix the salary of said sheriff and clerk and to provide that said salaries shall be paid from county funds; to provide that the fees now paid such officers shall be collected and paid into the county treasury; to authorize the levying of a tax to pay the salary of such officers; to make provisions regulating and carrying out this Act; to provide that the salaries herein fixed for such officers shall be for services rendered in the Superior Court of said county and the city court of Dublin; to provide that said sheriff and clerk shall receive no other costs, fees or remuneration except the salary herein provided; to provide that the county fiscal authorities of Laurens County shall fix the salaries to be paid to deputy sheriffs and deputy clerks and shall fix the number of such deputies; to provide that the county fiscal authorities of Laurens County shall fix and determine the mileage fee to be paid the sheriff and his deputies for necessary travel in the performance of their duties; and to prescribe rules and regulations relating to such mileage fee for necessary travel; and for other purposes. Be it enacted by the General Assembly of Georgia, and it it is hereby enacted by authority of the same:

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Section 1. That from and after the passage and approval of this Act the sheriff of Laurens County, Georgia, and his deputies, and the clerk of the Superior Court of Laurens County, Georgia, and his deputies, shall be paid salaries in lieu of and in the place and stead of fees under the general fee system. The fees now collected by said officers shall become the property of the County of Laurens, Georgia, and shall be paid to the county officer entitled to receive county funds as hereinafter provided. Officers. Salaries in lieu of fees. Fees, County funds. Section 2. The county fiscal authorities of Laurens County, Georgia, are hereby authorized and directed to pay to the sheriff a salary which is hereby fixed at five thousand ($5,000.00) dollars per annum, said salary to be paid monthly from county funds. Salary of Sheriff. Section 3. The county fiscal authorities of Laurens County, Georgia, are hereby authorized and directed to pay to the clerk of the Superior Court of Laurens County a salary which is hereby fixed at four thousand and two hundred ($4,200.00) dollars per annum, said salary to be paid monthly from county funds. Salary of Clerk of Superior Court. Section 4. The salaries hereinbefore named for the sheriff of Laurens County and the clerk of the Superior Court of Laurens County shall be for services rendered as such officers in the Superior Court of said county and the city court of Dublin. The sheriff and clerk of the Superior Court of said county shall receive no other costs, fees or remuneration other than said salaries as herein provided. No other remuneration. Section 5. The sheriff and the clerk of the Superior Court of Laurens County shall at the first meeting held by the county fiscal authorities of said county after the approval of this Act, and at the first January meeting of said county fiscal authorities of each year after the approval of this Act, make known to the county fiscal authorities the name or names of persons who are to serve as deputy sheriffs and deputy clerks. At such meeting the county fiscal authorities shall in their sole discretion fix the number of persons to serve as deputy sheriffs and as deputy clerks and shall fix the salaries to be paid to each of said deputies. The salaries so fixed for deputy sheriffs and deputy clerks of the Superior Court shall be paid monthly by the county authorities from county funds. Deputies. Salaries.

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Section 6. In addition to salaries herein provided for the sheriff and his deputies, the county fiscal authorities of Laurens County shall fix and determine a mileage fee to be paid to the sheriff and his deputies for necessary travel in the performance of their duties. The county fiscal authorities of Laurens County shall furnish to the sheriff and to the clerk of the Superior Court offices in the county courthouse and shall pay from county funds all necessary expense to which said officers are to put in the performance of their duties, such expenses to be first approved by the county fiscal authorities. Said county fiscal authorities shall also furnish to said officers all necessary office supplies and equipment. The county authorities shall set up rules for paying mileage fees to sheriff and deputies. Mileage fee. Other expenses. Office supplies and equipment. Section 7. All fees which are now payable to the sheriff and clerk of the Superior Court of Laurens County, Georgia, for services rendered by such officers shall be collected by said officers and shall by them be paid over to the county authorities entitled to receive county funds. All fees, costs, percentages, forfeitures, penalties, allowance, and all other perquisites of whatever kind, which are now or many herafter be allowed by law as compensation for services rendered by the sheriff and the clerk of the Superior Court of Laurens County, shall be received and collected by said officers, and each of them, for the sole use and benefit of the county of Laurens, and said sheriff and clerk of the Superior Court shall pay all such funds to the county officer entitled to receive county funds, said funds to be transmitted to such officer monthly, and by the county officer entitled to receive county funds be held by him as public monies belonging to the county to be disbursed on orders passed by the county fiscal authorities. With each monthly payment of collections of fees to the county officer entitled to receive county funds the sheriff and clerk of the Superior Court collecting and remitting same shall make a detailed itemized statement under oath, showing the amount of collection, the source from which collected, and the county officer entitled to receive same shall keep a separate account showing the amount and source from which said funds were paid. Fees to be paid into county funds. Section 8. The sheriff of Laurens County, Georgia, while acting as ex officio sheriff of the City Court of Dublin

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and the clerk of the Superior Court of Laurens County, while acting as ex officio clerk of the City Court of Dublin shall receive no costs or fees for the transaction of business in said City Court of Dublin, but shall collect all such fees and costs and shall pay same over to the officer entitled to receive the county funds of Laurens County, in the same manner and at the same time and under the requirements as hereinbefore made applicable to items arising from the transaction of business in the Superior Court of said county. All such items of costs arising to said officers in the City Court of Dublin are hereby declared to be county funds. City Court of Dublin. Fees on like basis. Section 9. That the county fiscal authorities of Laurens County be and they are hereby authorized, empowered and directed to levy a sufficient tax for the payment of the salaries and expenses herein provided for. Tax levy. Section 10. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 3, 1947. CRIMINAL COURT OF ATLANTASALARIES. No. 63 (Senate Bill No. 46). An Act To amend an Act entitled An Act to establish the Criminal Court of Atlanta, approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as amended by other Acts amendatory thereof, so as to increase and fix the annual salaries of the Judges and the Solicitor General of said Criminal Court of Fulton County; and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing the Criminal Court of Atlanta, approved September 6, 1891, and the Act amending said Act approved February 23, 1935, and the Act further amending said Act approved March 28, 1935, and other

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Acts amendatory to said Act establishing the Criminal Court of Atlanta, be and the same are hereby amended by providing as follows: Acts of 1891 and 1935 amended. From and after the passage of this Act the annual salary of the judges of said court shall be Ten Thousand Dollars ($10,000) each, payable monthly out of the treasury of Fulton County. The annual salary of the Solicitor General of said court shall be Ten Thousand Dollars ($10,000), payable monthly out of the treasury of Fulton County. Salaries. Section II. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1947. STATESBORO CITY COURT JUDGE'S SALARY. No. 64 (House Bill No. 23). An Act To amend Section 2 of an Act approved August 10, 1903, creating the City Court of Statesboro, as amended by the Acts approved August 1, 1906, and August 1, 1922, and the several Acts amendatory thereof so as to increase the salary of the Judge of said Court. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 2 of the Act creating the City Court of Statesboro, approved August 10, 1903, as amended by an Act of the General Assembly approved August 1, 1906 and August 1, 1922, be and the same is hereby amended as follows by striking from said Section 2 of said Act approved August 10, 1903, as amended by the Act approved August 1, 1906 and August 1, 1922, the following language. The Judge of said City Court shall receive a salary of $1800.00, and said salary shall not be increased nor diminished during the term of office of said Judge, and inserting in lieu thereof the following: Said Judge of said City Court shall receive a salary of $2000.00 per annum; so that said Section, when amended shall read as follows: Be it enacted by the authority aforesaid, That there shall be a Judge of

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said City Court of Statesboro, whose election, term of office and qualifications, shall be and remain as now fixed by law, and who shall receive a salary of Two Thousand dollars per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch or other proper authorities having charge of said County funds, and it shall be the duty of the Commissioners of Roads and Revenues of said County, or other proper Officers, to make provisions annually in levying taxes for this purpose. The Judge shall receive no other compensation but may practice law in any Court except his own. Act of 1922 amended. Salary, Judge of City Court. Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall be retroactive as of January 1, 1947. Effective date. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved March 3, 1947. GWINNETT COUNTY TREASURER'S SALARYREFERENDUM. No. 65 (House Bill No. 209). An Act to amend an Act entitled An Act to fix the salary of the Treasurer of Gwinnett County in lieu of commissions, as paid, to pay premiums on his bonds from funds of the county treasury, as amended by the Act of the General Assembly of Georgia, as set out on pages 861 and 862, Georgia Laws 1941, and to provide for a referendum to be submitted to the people before ratification of same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section One of the act to fix the salary of the Treasurer of Gwinnett County as set out on pages 861 and 862 of Georgia Laws 1941, be amended by striking from said Act the words One Hundred and Fifty ($150) Dollars and substituting in lieu thereof wherever said words

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appear in said Act, the words Two Hundred ($200.00) Dollars, so that said section when amended shall read as follows: Act of 1941 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the approval of this Act, and annually thereafter, the compensation or salary of the Treasurer of Gwinnett County shall be Two Hundred ($200.00) Dollars per month, in lieu of the compensation now received in commissions and any and all other compensation now received by the Treasurer of said county. Said sum of Two Hundred ($200.00) Dollars to be paid out of the Treasury of Gwinnett County, monthly upon the warrant of the County Commissioners of said County. Treasurer's salary. Section 2. Be it further enacted by the authority aforesaid that section two of said Act as amended by the Act of 1941 as set out on page 862, Georgia Laws 1941, be and the same is hereby stricken in its entirety. Sec. 2 stricken. Section 3. Be it further enacted by the authority aforesaid that this Act will not go into effect until the same has been submitted to the qualified voters of Gwinnett County in an election to be held in not less than 60 nor more than 6 months from the date of the approval of this Act, which said election shall be called by the Ordinary of said county within the time above specified and the said Ordinary shall furnish said voters with ballots upon which shall be printed For Increase of Salary of the County Treasurer, and Against Increase of Salary of the County Treasurer. The returns of said election, after the managers have consolidated same, shall be made to the Ordinary of said county who shall declare the results of said election. If a majority of those voting in said election vote for increase of salary of the Treasurer, this Act shall become effective immediately after the consolidation of the returns. Referendum. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this act, be and the same are hereby repealed. Approved March 3, 1947.

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BULLOCH COUNTY TAX COMMISSIONERCLERICAL HELP. No. 66 (House Bill No. 25). An Act to amend Section 8 of an Act approved March 24, 1937, to abolish the offices of Tax Receiver and Tax Collector of Bulloch County and to create the office of Tax Commissioner, as amended by the Acts approved February 22, 1943, and the several acts amendatory thereof so as to provide the sum of five hundred dollars ($500.00) to the County Tax Commissioner from the County Treasury for aid in securing clerical help. 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 8 of the Act to abolish the offices of Tax Receiver and Tax Collector of Bulloch County, Georgia, and to create the office of Bulloch County Tax Commissioner, as amended by an Act of the General Assembly approved February 22, 1943, be and the same are hereby amended by striking from said Section 8 of said Act approved March 24, 1937, as amended by the Act approved February 22, 1943, the following language: And whatever clerical help it may be necessary for him to have to perform the duties of said office and adding to Section 8 of said Act the following: The Tax Commissioner is to receive the sum of five hundred dollars ($500.00) for aid in securing clerical help, to be paid from the County Treasury, so that said Section 8 as amended by this Act shall read: That said Bulloch County Tax Commissioner shall receive and be paid, as full compensation for all duties performed by him as Receiver and Collector of County, School District, School, and School bonds, and any and all similar taxes, and performing any and all duties required as Receiver or Collector of County Taxes, the sum of fifteen hundred dollars ($1500.00) per annum, payable in equal monthly installments. The Tax Commissioner, out of his salary, fees, and commissions provided for in this Act, shall pay his bond to the State. The Tax Commissioner is to receive the sum of five hundred dollars ($500.00) for aid in securing clerical help, to be paid from the County Treasury. Said salary to be paid by

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the Commissioners of Roads and Revenues of said County from the funds in the County Treasury. Said Tax Commissioner shall give his full time to the duties of his office. Sec. 8, amended act of 1937, amended. Clerical help for Tax Commissioner. Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall be retroactive as of January 1, 1947. Effective date. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved March 3, 1947. ELBERTON CHARTER AMENDMENTS. No. 67 (House Bill No. 103). An Act to amend an act incorporating the City of Elberton approved December 19, 1896, by prescribing the duties of the Mayor; by providing for a City Recorder and a Recorder's Court, and to further provide for amending an Act approved August 5, 1921, authorizing the Mayor and Council of the City of Elberton to divide said City into Wards and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act, an Act incorporating the City of Elberton, approved December 19, 1896 (Acts of 1896, page 148) be, and the same is hereby amended by striking therefrom Section 6, 9, 10 and 11 in their entirety, and inserting in lieu thereof the following new Sections 6, 9, 10, 11. Act of 1896 amended. Old sections stricken. Section 6. Be it further enacted by the authority aforesaid that at the first meeting of City Council after their election and qualification, they shall elect one of their number as mayor pro tem, and shall also fix the salary of the Mayor of the City for the ensuing year. The Mayor shall be the presiding officer of said City Council at all of its deliberations, and he shall name such standing committees from the members of Council as the City Council shall prescribe. In the absence or disqualification

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of the Mayor, the mayor pro tem shall exercise all of the functions of the office of Mayor. When presiding, said mayor pro tem shall be allowed a vote on all questions whether there be a tie or not. The Council, including the Mayor pro tem, shall constitute the legislative body of said city, any three of which shall constitute a quorum for the transaction of any and all business, but no ordinance shall be declared passed and become a law of the City unless it receives at least three votes in favor of its passage. New sec. 6. Mayor Pro Tem. Mayor and Council. Section 9. Be it further enacted by the authority aforesaid that after the passage of this Act, the Mayor's Court for the trial of offenders against the laws of the City shall be known as the Recorder's Court, and at the first meeting of the City Council after their election and qualification, they shall elect a City Recorder for the ensuing year, and until his successor is elected and qualified, to hold said court. His salary shall be fixed by said City Council, and he shall take such oath as may be prescribed by that body. Any vacancy in the office of City Recorder shall be filled by the City Council. Such Recorder, and in his absence the Mayor, and in the absence of the Recorder and the Mayor, then the mayor pro tem, and in the absence of all three, any one or more members of the Council may hold said court, and may exercise all the powers conferred by law upon the Recorder, and may punish for any violation of a City law by a fine not exceeding One Hundred Dollars, imprisonment in the City jail, or imprisonment in the County jail by permission of the County authorities, not exceeding sixty days, or work on the street chain-gang, or other public work under the supervision of the Chief of Police or the Superintendent of the Street Department, not exceeding sixty days, any one or more, or all of these, at the discretion of the trial court. When sitting as a court for the trial of offenders the said court shall have the power to punish for contempt by fine not exceeding Fifty Dollars, imprisonment or work in the manner already prescribed in this section for not exceeding fifty days, one or both, at the discretion of the trial court. There may be an appeal in any case from the Recorder's Court to Council,

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and judgment therein may be reviewed by certiorari to the Superior Court of Elbert County. New sec. 9. Recorder's Court. Certiorari. Section 10. Be it further enacted by the authority aforesaid that the Recorder of said City shall be authorized to issue warrants for offenses committed within the corporate limits of said City against any law or ordinance of said City or this State, and when the offense is against the State the Recorder may hear evidence and commit to jail or take bond for appearance before the State Court having jurisdiction of the offense, as a Justice of the Peace could do. If the offense charged in the warrant be one against the laws or ordinance of the City, the arresting officer shall carry the case before the Recorder's Court and none other, and same shall there be disposed of as other cases of arrest not made under warrant. All warrants issued by the Recorder, or those acting in his stead, shall be directed to the Chief of Police of Elberton, any policeman or marshal thereof, and to all and singular the Sheriffs, Deputy-Sheriffs and Constables of this State, and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. New sec. 10. Jurisdiction of Recorder's Court. Warrants. Section 11. Be it further enacted by the authority aforesaid that the Recorder, or those holding the Recorder's Court in his stead, shall have the power and authority to subpoena witnesses to attend the Recorder's Court under the same rules and regulations that regulate and govern the Superior Courts of this State, to compel their attendance, and to punish any witness who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this Charter. New sec. 11. Power to subpoena witnesses. Section 2. Be it further enacted by the aforesaid authority that an Act of the General Assembly of Georgia approved August 5, 1921 (Acts 1921, page 932) entitled An Act to authorize and direct the Mayor and Council of the City of Elberton, Georgia to divide said City into five Wards, and for other purposes stated therein, be, and the same is hereby amended by striking from Section 1 of said Act, beginning in line four on page 934, the following, to wit: Provided, however, that each Councilman shall be nominated

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by a vote of the qualified voters of said City residing within the Ward from which such Councilman is to be nominated, and voting at a precinct within such Ward. Act of 1921 amended. Nomination of Councilmen by wards. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 3, 1947. HALL COUNTY CITY COURTAMENDMENTS. No. 68 (House Bill No. 195). An Act to amend An Act to establish a City Court in the County of Hall, and to provide for the appointment of a judge and solicitor thereof, designated as Act No. 291, contained on pages 939 to 947, inclusive, of Volume II of Georgia Laws 1890-1891; to repeal all laws and parts of laws amendatory thereto which are in conflict herewith, so as to fix the salaries of the judge and solicitor of said Court at the sums of $2,400 and $1,800 respectively; providing the time and manner of paying said salaries; establishing the same rules of practice in said Court as those established for Superior Courts; establishing the effective date of this Act; repealing all laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that An Act to establish a City Court in the County of Hall, and provide for the appointment of a judge and solicitor thereof, designated as Act No. 291, contained on pages 939 to 947, inclusive, of Volume II of Georgia Laws, 1890-1891, and all amendments thereto which are in conflict herewith, be and the same are hereby amended by fixing the salary of the judge of said Court at $2,400 per annum, and the salary of the solicitor of said Court at $1,800 per annum, said salaries to be paid monthly by the proper authorities of Hall County. Act of 1890-91 amended. Salaries of Judge and Solicitor. Section 2. Be it further enacted by the authority aforesaid that Section XII of said Act be and the same is hereby amended to read as follows: Sec. XII, act of 1890-91, amended.

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Section XII. In all civil cases 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 the 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 serving of the petition and process. If the period of time between the appearance day of the case and the day on which the next regular term of court is scheduled by law to begin is thirty days or more, the same shall be deemed 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 thirty 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. New section. Process. Section 3. Be it further enacted by the authority aforesaid that Section XXI of said Act be and the same is hereby deleted from said Act. Sec. XXI deleted. Section 4. Be it further enacted by the authority aforesaid that the effective date of this Act shall be April 1, 1947. Effective date. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 3, 1947. COLUMBUSCONVEYANCE OF CERTAIN LAND TO EELBECK MILLING COMPANY. No. 69 (House Bill No. 142). An Act to vest the title, in fee simple, to parts of Blocks Numbers Fifty-Three (53) and Fifty-Four (54) and to the land lying between said parts of said blocks, said land lying between said blocks having been originally mapped, but never opened, as a public street (Seventh Avenue) of the City of Columbus, Muscogee County, Georgia, and all of said land being a part of the Commons

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Lands in the City of Columbus, in Eelbeck Milling Company, its successors or assigns: to ratify and confirm the acts of the City of Columbus, taken by resolutions adopted at regular meetings of the Commission of the City of Columbus, held on November 20, 1945, and March 19, 1946, in granting to Georgia Midland Railway Company and Southern Railway Company the right and authority to convey said lands, in fee simple, to Eelbeck Milling Company, and to ratify and confirm the warranty deed so conveying said land, dated March 8, 1946, and recorded on April 16, 1946, in Deed Book 228, folio 514, in the office of the Clerk of the Superior Court of Muscogee County, Georgia; and to amend or repeal Section I of the Act of the General Assembly of the State of Georgia, approved October 24, 1887 (Ga. Laws 1887, page 613) and Section 6 of the Act of the General Assembly of the State of Georgia, approved July 24, 1929 (Ga. Laws 1929, Page 975 et seq.), to the extent necessary to permit the passage of this Act, and otherwise such Sections of said Acts to remain in full force and effect; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Whereas, by Act of the General Assembly of the State of Georgia, approved December 24, 1827 (Ga. Laws 1827, page 182 et seq.), the Town of Columbus, Georgia, was created from land located in Muscogee County, Georgia, and belonging to the State of Georgia, and said land was laid off into residence and business lots, streets, public squares and commons; Preamble. Whereas, by Act of the General Assembly of the State of Georgia, approved February 18, 1873 (Ga. Laws 1873, pages 127 and 128,) title in fee simple, but in trust for the purposes prescribed by said Act, to the lands known as the Commons of the City of Columbus, Georgia, was vested in a Board of Commissioners of Commons of the City of Columbus, and said Commissioners were authorized and empowered at the request of the Mayor and Council of the City of Columbus,... to reserve or set aside... so much of said Commons as they may deem proper for railroad purposes;

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Whereas, at the request of the Mayor and Council of the City of Columbus, the Board of Commissioners of Commons of the City of Columbus, by resolution adopted May 1, 1886, did set aside, reserve and grant unto The Georgia Midland and Gulf Railway Company, for railroad purposes, along with other Commons lands, that part of the Commons of the City of Columbus described herein; Whereas, the General Assembly of the State of Georgia, by Act approved October 24, 1887 (Ga. Laws 1887, page 613), amending the aforesaid Act of 1873, authorized or empowered the Board of Commissioners of Commons of the City of Columbus, at the request of the Mayor and Council of the City of Columbus, to grant to any railroad company holding Commons lands for railroad purposes,... the right, privilege and authority to sell, or lease, any portion of said lands so held or set apart, and said lands... may be conveyed by said railroad companies, and the title thereto be vested in the purchasers, provided the railroad companies... will and shall pay into the treasury of the City of Columbus one-half of the purchase money received from the lands so sold, and said Act also provided, that whenever an extension of any one of the public streets of the City of Columbus if prolonged to the corporate line would be located through or on any land heretofore set aside for railroad purposes or which may hereafter be so set aside, then title to so much and such part of said land as is necessary for the extension of said street of same width as the original street shall not vest in the railroad company, for whose use the same is set aside, nor shall that part of such land as is necessary for such extension of any one of said streets ever be sold or leased; Whereas, by Act of the General Assembly of the State of Georgia, approved July 24, 1929 (Ga. Laws 1929, page 975 et seq.), the Board of Commissioners of Commons of the City of Columbus, created by Act of the General Assembly of Georgia, approved February 18, 1873, and Acts amendatory thereof, was abolished, and the fee simple title to all lands in the City of Columbus known as Commons lands, and not theretofore conveyed, and

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all reversionary interests in any of said Commons lands theretofore disposed of, was vested in the City of Columbus, as a municipal corporation, and, by Section 6 of said Act, the City of Columbus was empowered to grant to any railroad company then or thereafter holding such Commons lands for railroad purposes the right to sell and convey said Commons lands, and the title thereto was vested in purchasers when so sold, provided one-half of the purchase money received for such lands was paid to the City of Columbus, and provided also that whenever an extension of any one of the public streets of the City of Columbus, if prolonged to the corporate line, would be located through or on any land heretofore set aside for railroad purposes, or which may hereafter be so set aside, the title to so much and such part of said land as is necessary for the extension of said street of same width as the original street shall not vest in the railroad company for whose use the same is set aside, nor shall that part of such land as is necessary for such extension of any one of said streets ever be sold or leased; Whereas, The Georgia Midland and Gulf Railroad Company was reorganized and became Georgia Midland Railway Company and on June 18, 1896, said Georgia Midland Railway Company, among other Commons lands, leased the Commons lands herein described to Southern Railway Company; Whereas, the Commission of the City of Columbus, by resolutions adopted at regular meetings held on November 20, 1945, and on March 19, 1946, did grant to Georgia Midland Railway Company and Southern Railway Company the authority and right to convey to Eelbeck Milling Company, a Georgia corporation, the fee-simple title to the lands herein described for a consideration of $11,000.00, one-half of which sum, by said resolution, was required to be paid to the City of Columbus when and as collected by said railroad companies; Whereas, by warranty deed dated March 8, 1946, recorded on April 16, 1946, in Deed Book 228, folio 514, in the office of the Clerk of the Superior Court of Muscogee County, Georgia, Georgia Midland Railway Company

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and Southern Railway Company, as grantors, conveyed the lands herein described to Eelbeck Milling Company, as grantee; Whereas, the lands herein described constitute a part of the Commons lands in the City of Columbus, and contain parts of Blocks Numbers Fifty-Three (53) and Fifty-Four (54) of said Commons lands, and land lying between said Blocks Numbers Fifty-Three (53) and Fifty-Four (54), which, if the streets of the City of Columbus were prolonged to the corporate line, would be an extension of one of the public streets of said city, to wit, Seventh Avenue; Whereas, the extension or prolongation of Seventh Avenue in the City of Columbus over and across the land herein described has never been opened or used as a public street in said city, and public welfare and convenience does not demand that Seventh Avenue be extended across or over the lands herein described, and so far as can now be foreseen no necessity for extending said public street across or over said lands will arise; and Whereas, in order to vest the fee-simple title to the lands herein described in Eelbeck Milling Company, its successors or assigns, it is hereby enacted as follows: Section 1. That title, in fee simple, in and to All that certain tract, piece or parcel of land situate in the City of Columbus, in the County of Muscogee and State of Georgia, and lying and being on the south side of 5th Street between 6th and 8th Avenues, north of Southern Railway loop track (No. 98-4) being bounded on the north by the south line of 5th Street, on the west by the east line of 6th Avenue, and on the southeast, south and southwest by a line twenty (20) feet distant from the center line of said Southern Railway loop track (No. 98-4) and being more particularly described as follows: Fee-simple title to certain lands vested in Eelbeck Milling Company. Beginning at the intersection of the south line of 5th Street with the east line of 6th Avenue; and running thence eastwardly along the south line of 5th Street, a distance of six hundred forty (640) feet, more or less, to a point twenty (20) feet distant northwestwardly from center line of said Southern Railway loop track (measured on radius of curve therein); thence in a general

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westerly direction, by a curved line concentric with and at all points twenty (20) feet distant (northwestwardly, then northwardly, then northeastwardly) from center line of said Southern Railway loop track, a distance of eight hundred five (805) feet, more or less, to the east line of 6th Avenue; thence northwardly, along the east line of 6th Avenue, a distance of thirty-seven (37) feet, more or less, to the point or place of beginning; containing 105,400 square feet, or 2.42 acres, more or less, and being located as shown in red outline on blueprint of Drawing No. 1-3193, dated August 13th, 1945, revised December 4th, 1945, prepared in the office of the Chief Engineer, M.W. S., Southern Railway Company, at Knoxville, Tennessee; said blue print being annexed to general warranty deed from Georgia Midland Railway Company and Southern Railway Company to Eelbeck Milling Company, Inc., dated March 8, 1946. Said land comprises parts of Blocks Numbers Fifty-three (53) and Fifty-Four (54) of what is known as the Commons Lands in the City of Columbus, Georgia, and the land lying between said parts of said blocks, and the land lying between said parts of said blocks was originally mapped as a public street (Seventh Avenue) in said city but was never laid out or opened. Said land is a part of the lands granted to Georgia Midland and Gulf Railway Company by the Board of Commissioners of Commons of the City of Columbus by a resolution adopted on January 8, 1886, and recorded in the office of the Clerk of the Superior Court of Muscogee County, Georgia, on June 14, 1886, in Deed Book Z, page 44. Description. be and it hereby is vested in Eelbeck Milling Company, its successors or assigns. Section 2. That the action of the City of Columbus, Georgia, by resolutions adopted at the regular meetings of the Commission of the City of Columbus, held on November 20, 1945, and March 19, 1946, and granting to Georgia Midland Railway Company and Southern Railway Company the right and authority to convey the lands herein described to Eelbeck Milling Company, its successors or assigns, and the warranty deed, dated March 8, 1946, recorded on April 16, 1946, in Deed Book 228, folio 514, in the office of the Clerk of the Superior Court of Muscogee

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County, Georgia, from Georgia Midland Railway Company and Southern Railway Company to Eelbeck Milling Company, its successors or assigns, executed under authority of said resolutions of the Commission of the City of Columbus and conveying, in fee simple, the lands herein described, be and the same hereby are ratified and confirmed. Action of City, conveying title to described lands, ratified. Section 3. Section I of the Act of the General Assembly of the State of Georgia, approved October 24, 1887 (Ga. Laws 1887, page 613) and Section 6 of the Acts of the General Assembly of the State of Georgia, approved July 24, 1929 (Ga. Laws 1929, page 975 et seq.) be and the same hereby are amended or repealed only to the extent necessary to the passage of this Act; and that said Sections of said Acts shall otherwise remain in full force and effect. Prior acts, how affected. Section 4. That all laws and parts of laws in conflict with this Act be and the same hereby are repealed. Approved March 3, 1947. ABBEVILLE CHARTER AMENDMENTSREFERENDUM No. 70 (House Bill No. 178). An Act To amend an Act entitled An Act to create a new charter for the City of Abbeville in the County of Wilcox, approved December 2, 1897 (Acts 1897, page 131) and all acts amendatory thereto, by striking from said Act all of Section 12 in its entirety and by enacting a new Section 12 to provide for the raising of revenue for supporting and maintaining the city government and giving the mayor and city council of Abbeville full power and authority to prescribe by ordinance for the assessment, levy and collection of any ad valorem tax on all real and personal property within the incorporate limits of said county to defray ordinary annual expenses of the city government, a tax not to exceed one and one-half percentum; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That the Act entitled An Act to create a new charter for the City of Abbeville in the County of Wilcox, approved December 2, 1897 (Acts 1897, page 131) and all acts amendatory thereto, being the same is hereby amended by striking from said Act all of Section 12 in its entirety and by enacting in lieu thereof a new Section 12 to read as follows: Sec. 12, act of 1897, stricken. Section 12. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the city government, the mayor and city council of Abbeville shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of any ad valorem tax on all real and personal property within the incorporate limits of said city, to defray the ordinary annual expenses of the city government, a tax not to exceed one and one-half per centum. New section. Tax assessment, levy, and collection. Section 2. That a special election shall be held in the City of Abbeville on the first Tuesday in March for the purpose of submitting to the qualified voters thereof the question as to whether or not this Act providing for the levy and collection of ad valorem tax shall become effective. The Mayor of said city shall cause to be prepared ballots to be used in said election, and the ballots shall have printed thereon: In favor of the Act amending the city charter of Abbeville to provide for the raising of revenue for support of the city government, and Against the act amending the city charter of Abbeville to provide for the raising of revenue for support of the city government. And in the event a majority of the voters voting in said election vote in favor of this Act then the same shall become effective and shall become a part of the charter of the city of Abbeville, but if a majority do not vote in favor of this amendment, the same shall be null and void and shall not become effective. Only qualified voters shall be entitled to vote in said election and any person desiring to vote in said election shall register with the city clerk of Abbeville at least three days before the election as herein provided for. The Mayor of the City of Abbeville shall canvass the returns of said election and shall declare the results thereof. The order or resolution declaring the results of said election

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shall be entered upon the minutes of said City of Abbeville. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith, be and are hereby repealed. Approved March 25, 1947. DeKALB COUNTY SCHOOL DISTRICT BOND COMMISSION CREATED. No. 71 (House Bill No. 128). An Act to create a bond commission for DeKalb County school district of DeKalb County, Georgia; to provide for its membership and duration; to define its duties; to provide compensation for its members and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that from and after the passage of this Act, there is created in and for DeKalb County School District a Bond Commission to be composed of eleven members, which Bond Commission is given the sole and exclusive power in performing the duties hereinafter provided. Bond Commission created. Section 2. The first members of said Bond Commission shall be the following: J. D. Chestnut, W. E. Cobb, Kelly Cofer, Dr. J. Sam Guy, Kelsey D. Howington, John W. Johnson, Samuel L. Jones, Reese Livsey, D. N. McCurdy, A. P. Milam and Hiram Stubbs. Members. The members of said commission shall serve for a term of four (4) years beginning January 1, 1947 and until their successors shall be named as hereinafter provided or until the purposes of this Act have been completed. In case a vacancy in the Commission shall result from death, resignation or otherwise, it shall be filled by election at the first session of the Grand Jury of said County following said vacancy. Terms. The Grand Jury convening next before the expiration of the terms of the members of said Bond Commission shall

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elect successors to those in office and such successors shall take office on January 1st of the year following such election. Election of successors. Section 3. Be it further enacted by the authority aforesaid that it shall be the duty of the Bond Commission and it is empowered to supervise and control the expenditure of all monies raised by the issuance and sale of all direct obligation bonds of DeKalb County School District and shall approve the execution of any and all contracts and the employment of architects and engineers; approve the compensation therefor; to determine the buildings to be constructed and repaired; the location of any new buildings to be acquired, constructed or improved; to do any and all acts for the expenditure of said funds for the best interests of said school district. General powers and duties. Section 4. That said Bond Commission is also authorized and empowered to invest any and all monies raised by the issuance and sale of said bonds which cannot be immediately used for the purposes for which said bonds were voted, in any securities which are now legal investments for sinking fund purposes. Investment of surplus monies. Section 5. Said Commission shall keep full and accurate minutes of all meetings of said Commission and shall exercise the powers herein authorized by resolutions duly and regularly adopted at such meetings, which resolutions shall have binding effect upon the Superintendent of Schools of said County and any other officers of said County who may be affected thereby. Said Commission shall provide the time and place for its regular meetings and the means and methods of calling special meetings and a majority of the Commission shall constitute a quorum and the actions at any meeting where such a quorum is present shall be binding upon the entire Commission. Said Commission shall elect one of its number as Chairman, one as Vice Chairman and one as Secretary, who shall perform the usual duties of such offices and such other duties as may be prescribed by the Commission. Meetings and procedure. Officers. Section 6. Each member of said Bond Commission shall receive per diem compensation for his services to be fixed by the Commission not in excess of Ten ($10.00) Dollars for each meeting of said Commission which he attends;

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however, said Commission is authorized to pay not in excess of Ten ($10.00) Dollars per day for any actual services rendered by any member of said Commission, who renders such service upon direction by said Commission. Compensation of members. Section 7. The powers and authority herein granted to said Bond Commission shall terminate when all monies arising from the sale of the bond issue voted on October 29, 1946 has been completely expended, unless within said time additional bond issues have been voted. In which event, if the Grand Jury of said County, which convenes next after the passage of such bond issue, shall so recommend in its presentments, the power and authority of said Bond Commission shall be extended until all monies arising from the sale of such additional bond issues shall have been expended. Termination of authority of Commission. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1947. ATTORNEY'S FEES IN CITATIONS FOR CONTEMPT FOR FAILURE TO PAY ALIMONY. No. 72 (House Bill No. 17). An Act to provide for the payment of Attorney's fees in all citations for contempt, upon the hearing of such contempt action, against any defendant in any divorce suit or alimony suit for failing to pay alimony that may have been awarded by the court, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act in all cases wherein alimony has been awarded to any wife or to any children against any defendant in any suit for divorce, or for alimony without divorce, and the defendant shall have failed to pay such alimony and he shall be cited for contempt before the court for having failed to make payment of such alimony, if upon the hearing of such proceedings it is found that the husband has failed to pay the alimony awarded against him, either temporary or permanent,

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for no justifiable reason, the court shall award to the attorney for the wife or children or the wife and children in such proceedings a reasonable fee of not less than $25.00 against the defendant, to be enforced as any award of attorney's fees may be enforced in any suit for divorce and alimony or for alimony alone. Attorney's fees. Minimum. Enforcement. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. TAX RECEIVER'S COMPENSATION IN CERTAIN COUNTIES. No. 73 (House Bill No. 48). An Act To authorize the Commissioners of Roads and Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than 10,240 nor less than 10,230, according to the Federal Census of 1940, and all future Federal Census, to pay to the Tax Receivers of said counties the sum of Three Hundred Fifty Dollars per year, payable annually on or before December 20th of each year, in addition to the fees and compensations now paid to said officers; to provide the effective date; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage and approval of this Act, the Commissioners of Roads and Revenues and/or other proper officers of all counties in the State of Georgia, having a population of not more than 10,240 nor less than 10,230 according to the Federal Census of 1940, and all future Federal Census, to pay to the Tax Receivers of said counties the sum of Three Hundred Fifty ($350.00) Dollars per year, payable annually on or before December 20th of each year, in addition to the fees and compensations now paid to said officers. Additional compensation to Tax Receiver.

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Section 2. This Act shall take effect as of January 1, 1947 and expire on January 1, 1949. Effective date. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1947. AUTOMOBILE DRIVERS' LICENSES5-YEAR PERIOD. No. 74 (House Bill No. 86). An Act to amend an Act approved March 19, 1937, page 322, creating the Department of Public Safety, providing for the organization thereof, and for other purposes, and as amended by an Act approved March 17, 1939, Georgia Laws 1939, page 135 and as further amended by an Act approved January 30, 1941, Georgia Laws 1941, page 279, by striking therefrom Section 5 of Article 4, page 344, Georgia Laws 1937, of the Act approved March 19, 1937, as amended by Section 6, page 139, Georgia Laws 1939, of the Act approved March 17, 1939 which reads, Be it further enacted that the expiration date of all licenses, as first issued under this Act, shall be June 30, 1939; all licenses issued after the expiration date, shall expire on the 30th day of June each year thereafter; provided that any license granted not more than sixty days before the nearest annual expiration date shall be valid until the following expiration date. It is further provided that in the event any license is suspended, revoked, or cancelled for cause, that the applicant shall not be entitled to the return of any application or examination fee. Any person, so desiring, may apply for a two year license which shall expire on the 30th day of June of each two years, provided that the fee, in such case, will be equivalent to two one-year licenses, and provided that no part of the fee shall be returned to the applicant if for any reason the applicant should cease using said license, and inserting in lieu thereof the following words and sentences: Be it further enacted that the expiration date of all licenses, as first issued under this Act shall be June 30,

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1939; all licenses issued after the expiration date shall be for a period of one year or five years, the expiration date being on the 30th day of June of the year in which the license expires; provided that any license granted not more than sixty days prior to the 30th day of June of any year shall be valid until the following expiration date as shown by said license. Any person so desiring may apply for a five-year license provided that the fee in such case shall be equivalent to five one-year licenses and provided further that no part of the fee shall be returned to the applicant if for any reason the applicant should cease using said license; be it further provided that in the event any license is suspended, revoked or cancelled for cause, that the applicant shall not be entitled to the return of any application fee. Applications for licenses shall be made on forms furnished by the Director of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and any further information required by the Director, by inserting in Section 1, page 282, Georgia Laws 1941, line 11 of the Act approved January 30, 1941, which amended Section 8, Article 4 of the Act approved March 19, 1937, immediately after the words fifty cents, the following words and phrases provided that where the license for said spouse is for a period of five years, the fee shall be two dollars and fifty cents ($2.50); by inserting in Section 1, page 282, Georgia Laws 1941, line 18 of the Act approved January 30, 1941, which amended Section 8, Article 4 of the Act approved March 19, 1937, immediately after the words twenty-five cents, the following words and phrases, except where the license is for a period of five years, the fee shall be one dollar and twenty-five cents ($1.25); and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 5 of Article 4, page 344, Georgia Laws of 1937, of the Act approved March 19, 1937, as amended by Section 6, page 139, Georgia Laws 1939, of the Act approved March 17, 1939, be, and the same is hereby stricken in its entirety and a new section 5 substituted in

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lieu thereof, so that Section 5 of Article 4 of said Act, as amended, will read as follows: Sec. 5, art. 4, act of 1937, and sec. 6, act of 1939, amended. Be it further enacted that the expiration date of all licenses, as first issued under this Act shall be June 30, 1939; all licenses issued after the expiration date shall be for a period of one year or five years, the expiration date being on the 30th day of June of the year in which the license expires; provided that any license granted not more than sixty days prior to the 30th day of June of any year shall be valid until the following expiration date as shown by said license. Any person, so desiring, may apply for a five-year license provided that the fee in such case shall be equivalent to five one-year licenses and provided further that no part of the fee shall be returned if for any reason the applicant should cease using said license. It is further provided that in the event any license is suspended, revoked or cancelled for cause, that the applicant shall not be entitled to the return of any application fee. Application for license shall be made on forms furnished by the Director of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and any other information required by the Director. New section. Expiration of drivers' licenses. 5-year period. Section 2. That Section 8, Article 4 of the Act approved March 19, 1937, as amended by Section 1 of the Act approved January 30, 1941, be, and the same is hereby further amended by inserting in line 8 after the words fifty cents, the following words and phrases provided that where the license for said spouse is for a period of five years, the fee shall be two dollars and fifty cents ($2.50) and by inserting in line 15 after the words twenty-five cents, the following words and phrases, except where the license is for a period of five years, the fee shall be one dollar and twenty-five cents ($1.25), so that said Section as amended shall read as follows: Sec. 8, art. 4, act of 1937, and sec. 1, act of 1941, amended. Section 8. Every application for an operator's license under this Act, whether a renewal license or a new license, shall be under oath and shall be accompanied by a fee of one ($1.00) dollar, which shall entitle the applicant to an operator's license upon his passing the examination

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if one is required, and shall entitle the spouse of every applicant who is head of a family to a license upon the payment of an additional fee of fifty cents, provided that where the license for said spouse is for a period of five years, the fee shall be two dollars and fifty cents ($2.50), provided such spouse is otherwise qualified to be licensed and is not living in a state of bona fide separation from such applicant. The minor dependent children of each such licensed head of a family who are actually living with such licensed head of the family and who are otherwise qualified shall be entitled to operators' licenses upon the payment of an additional fee of twenty-five cents, except where the license is for a period of five years, the fee shall be one dollar and twenty-five cents ($1.25) for each such minor dependent child. In every case, the licenses issued to operators shall be separate and the Department of Public Safety shall prescribe distinctive colorings for licenses issued to heads of families, their spouses and minor dependent children; and each license so issued shall be subject to all of the rules and regulations prescribed by this Act or under this Act, and subject to revocation as provided by this Act, but the license of no member of such family shall be revoked or suspended on account of any violation of this Act by another member of the family. Application for driver's license. Fees. 5-year period. Head of family, spouse, children. Section 3. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 27, 1947. CORONER AND INQUEST JURORS IN CERTAIN COUNTIESCOMPENSATION. No. 75 (House Bill No. 240). An Act To provide for the fees of Coroner; to provide for pay for jurors in Coroner's inquest; in the counties in this State having a population of not less 12,751 and not more than 12,758 according to the United States Census of 1940 and any future census; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That from the passage of this Act, in such counties in Georgia having a population of not less than 12,751 and not more than 12,758 according to the United States Census of 1940 and any future census the Coroner of such County shall be paid the following fees: For summoning an inquest on a dead body and returning an inquisition $15.00. Counties where effective. Coroner's fees. Section 2. Be it further enacted that the jurors serving as now provided by law in an inquest in such county shall receive $2.00 each as jurors in each inquest. Jurors' compensation. Section 3. Be it further enacted that all laws and parts of laws in conflict with this act be, and they are, hereby repealed. Approved March 25, 1947. DISPENSING WITH BRIEFS OF EVIDENCE AND ASSIGNMENTS OF ERROR UPON FINAL JUDGMENT IN CERTAIN CASES. No. 76 (House Bill No. 19). An Act to provide that a brief of evidence in all motions for new trial shall be dispensed with and shall not be required in certain cases; to provide that assignments of error in bills of exceptions shall not be required upon the final judgment in certain cases, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That a brief of the evidence shall not be required to be filed with any motion for new trial where the assignments of error made in the motion for new trial, or the amended motion for new trial, do not require the consideration by the court of the evidence in said case, and that should such assignments of error require the consideration of any portion of the evidence in the case that the failure of the movant to file a brief of the evidence, properly approved as required by law, shall be held and deemed a waiver of all such grounds of the original or amended motion for new trial, and neither the trial court, upon the hearing

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of said motion, nor the Appellate Court, upon a review of the ruling of the trial court thereon, shall be required to pass upon any assignment of error which may be made involving a consideration of the evidence, but shall only be required to pass upon all questions of law made which do not require a consideration of the evidence in the case, such as disqualification of the Judge or jurors, rulings of the court preserved by exceptions pendente lite upon the pleadings or motions made in the case which do not require a consideration of the evidence, and like questions, the specifications above being illustrative and not exclusive. What briefs of evidence dispensed with. Effect as to courts. What shall be passed on. Section 2. Be it further enacted by the authority aforesaid that in all cases wherein a brief of the evidence shall not be required under Section 1 of this bill, no assignment of error need be made upon the final judgment of the court rendered in said case upon the motion for new trial but the plaintiff in error shall recite in his bill of exceptions that such final judgment was entered. No assignment of error upon final judgment. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1947. MARIETTA CHARTER AMENDMENTSBUSINESS, LICENSE AND USE TAXESSANITARY AND HEALTH SERVICES. No. 77 (House Bill No. 226). An Act To amend an Act of the General Assembly of Georgia, approved August 15, 1904, (Acts of 1904, Page 519), entitled, An Act to create a new charter for the city of Marietta in the County of Cobb and to consolidate and declare the rights and powers of said Corporation and for other purposes, and the acts amendatory thereof, by repealing and revoking Sections 26 and 27 of the Act to create a new charter for the City of Marietta, approved August 15, 1904, and the Acts amendatory thereof, providing for License and Business Taxes, in their entirety, and by inserting in the place and stead of said Sections

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26 and 27 and the Acts amendatory thereof, new Sections 26 and 27, providing for Business, License, Occupation and Use Taxes, and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that Sections 26 and 27 of the Act to create a new charter for the City of Marietta, approved August 15, 1904, and the Acts amendatory thereof, providing for license and Business Taxes, be and the same are, hereby repealed and revoked in their entirety, and by inserting in the place and stead of said Sections 26 and 27, and the Acts amendatory thereof, new Sections 26 and 27, providing for Business, License, Occupation and Use Taxes, in the following words, to-wit: Business Licenses, Occupation and Use Taxes. Ga. L. 1904, p. 519, secs. 26 and 27 stricken. Section 26. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Marietta shall have full power and authority to make such fair and reasonable business, license, occupation and use assessments and lay such Business, License, Occupation and Use Taxes on the inhabitants of said City, both individual and corporate, and those who transact or offer to transact business therein, as said Corporation may deem expedient for the safety, benefit, convenience and advantage of said City and may enforce the payment of such assessments and taxes in such manner as said Mayor and Council may prescribe. The right of said Mayor and Council to levy and collect such Business, License, Occupation and Use Taxes shall apply to and include all individuals, firms and corporations, of every character, transacting business of any sort, in said City except such as may be exempted by law. They, the said Mayor and Council, shall also have full power and authority to assess and levy such fair and reasonable Business, License, Occupation and Use Taxes against all persons, individual or corporate, granted a franchise or franchises by the City of Marietta, or any other governmental authority, except such as may be exempted by law, for the use, for business purposes, of the streets, lanes, highways and sidewalks of said City, or the land below or the area above such streets, lanes, highways and sidewalks of said City. New sec. 26. Business, License, Occupation and Use Taxes.

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SANITARY AND HEALTH SERVICE. Section 27. Be it further enacted that they, the said Mayor and Council shall also have full power and authority to levy and collect the costs of sanitary and health services, necessary in the operation of said City, from all individuals, firms and corporations residing in or doing business in said City, benefiting from such service. New sec. 27. Costs of sanitary and health services. Section II. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Marietta, Cobb County, are authorized and empowered to enact such ordinance and ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers hereinbefore conferred and to make the necessary assessments and provide for the collection of the taxes, assessments and charges hereinbefore stipulated. Powers of Mayor and Council. Section III. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective July 1, 1947. Date effective. Section IV. Be it further enacted by the authority aforesaid that in the event any section, paragraph, or part of this Act should be declared illegal, void or unconstitutional, the illegality, invalidity or unconstitutionality of the same shall not affect the remaining provisions of this Act. Illegality of part. Section V. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved March 25, 1947. BROOKS COUNTYCOMPENSATION TO LAW-ENFORCING OFFICERS PERMANENTLY DISABLED IN LINE OF DUTY. No. 78 (House Bill No. 92). An Act To authorize and direct the Commissioners of Brooks County Georgia, or the governing authorities that may have charge of the fiscal affairs of said county, to pay compensation to any lawful or law-enforcing officer who

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is or hereafter permanently disabled in line of duty the sum of $100.00 per month: To define total disability: To define qualifications for retirement: To limit the effective date of this Act: To repeal conflicting laws: and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, or whatever governing authority that may have control of the fiscal affairs of the County, is authorized and directed to create and/or continue the job of inactive county policemen for any person who has served as a law-enforcing officer in Brooks County, Georgia, and has been totally disabled in line of duty. Inactive county policemen. Total disability. Section 2. Blindness is construed to mean total disability for the purpose of this Act. Blindness. Section 3. Any law-enforcing officer who is or has been totally and permanently disabled in line of duty shall receive a sum of $100.00 per month until such time as such law-enforcing officer shall become qualified to receive and receives compensation or benefits under any act of the General Assembly of Georgia, providing benefits for the Peace Officers of Georgia. Monthly payments. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. EUGENE TALMADGE MONUMENT COMMISSION. No. 4 (House Resolution No. 27-103a). A Resolution. Resolved, by the House of Representatives, the Senate concurring; That a commission be, and the same is hereby created, to consist of the Governor, the Secretary of State, the Comptroller-General, the State Librarian and the Superintendent

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of Buildings and Grounds, and their successors in office, and designated Commission created. THE EUGENE TALMADGE MONUMENT COMMISSION. That said Commission be authorized and directed to act in conjunction with Eugene Talmadge Memorial Commission, a corporation of Fulton County, to place upon the Capitol grounds a fitting monument to commemorate the late Eugene Talmadge. Designation. To act in conjunction with Memorial Commission. That said commission be authorized to receive from Eugene Talmadge Memorial Commission, on behalf of this state, any monument considered by it to be appropriate to commemorate the life and public service of one of Georgia's great Governors, and to select a site on the Capitol grounds whereon such monument may be placed. Authority. Approved March 27, 1947. TIFT COUNTY COMMISSIONERSCOMPENSATION CHANGED. No. 79 (House Bill No. 135). An Act to amend an Act approved August 9, 1917, Georgia Laws 1917, p. 396, entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Tift, etc., as amended by an Act approved August 19, 1927, Georgia Laws 1927, p. 682, by striking from Section 9 of the Act of August 9, 1917, as amended by the Act of August 9, 1927, the following words as found in line 9, page 684, Section 1, Georgia Laws 1927, to wit: the sum of one hundred and fifty dollars ($150.00) per month, and by inserting in lieu thereof the following: a sum of not less than twenty four hundred dollars ($2400.00) nor more than thirty six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the Grand Jury, beginning with the March term, 1947; and for other purposes. Be it enacted by the General Assembly of Georgia: and it is hereby enacted by authority of same:

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Section 1. That Section 9, Act approved August 9, 1917, Georgia Laws 1917, page 400, as amended by Section 1, Act approved August 19, 1927, Georgia Laws 1927, page 682, be and the same is hereby further amended by striking therefrom the following words of line 9, Section 1, page 684, Georgia Laws 1927, of the Act approved August 9, 1917, to wit: the sum of one hundred and fifty dollars ($150.00) per month and by inserting therein the following words, a sum of not less than twenty-four hundred dollars ($2400.00) nor more than thirty-six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the Grand Jury, beginning with the March term, 1947, so that said Section as amended shall read as follows: Ga. L. 1917, pp. 396, 400, as amended by Ga. L. 1927, pp. 682, 684, amended. Change of compensation. Section 9. Be it further enacted, that the Board of Commissioners shall hold their regular session on the first Monday in each month in the courthouse of said county, and may adjourn from day to day until their business is finished; and extra session may be held at any time on the call of the Chairman, of any two members of the Board when in the judgement of the Board the interest of the county demands it; that the present chairman of said board, to wit, Honorable N. L. Coarsey, shall continue to act as Chairman thereof until the first day of January 1929; that at the December term 1928, of Tift Superior Court, and at the same term of such court each two years thereafter, the Grand Jury of such court shall select a chairman of the Board of Commissioners to serve for a period of two years from the first day of January following such election; such chairman to be selected from the members of the board. That the Chairman of the Board shall be sole purchasing agent for the County of Tift, and no contracts for the payment of materials or supplies for any offices or departments of public work of said county shall be binding against the County of Tift if made by any other person than the Chairman of the Board of County Commissioners, and such Chairman shall receive as compensation thereof a sum of not less than twenty-four hundred dollars ($2400.00) nor more than thirty-six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the Grand Jury. Said Board may

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make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees, not inconsistent with this Act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minute-book kept for such purposes, a book of receipts and disbursements, a general ledger, and a warrant-book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with law. Said Board shall also keep on file all paid warrants and vouchers, and other papers necessary to show a complete record of all the transactions of said County. Election of Chairman of Board. To be purchasing agent. Contracts. Salary. Records. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 25, 1947. NON-RESIDENT MOTORISTSJURISDICTION OF COURTS OVER. Code 68-803. No. 80 (House Bill No. 53). An Act to amend Section 68-803 of the Code of Georgia of 1933, to provide for jurisdiction of the courts of this State over non-resident motorists using the highways of this State, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that Code Section 68-803 of the Code of Georgia of 1933, be, and the same is hereby repealed in its entirety, and the following section is hereby enacted in lieu thereof: Old 68-803 repealed. Section 2. All suits or causes of action brought under the Acts approved March 30, 1937, and appearing in Georgia

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Laws of 1937 on pages 732-734, relating to the use of the highways of this State by non-resident motorists shall be brought in the county in which the accident, injury, or cause of action originated, or in the county of the residence of the plaintiff therein, as the plaintiff in such suit may elect, if the plaintiff in such suit is a resident of the State of Georgia; and if the plaintiff in such suit is a non-resident of the State of Georgia, then in that event, such suit shall be brought in the county in this State in which the accident or injury occurred or the cause of action originated; and the courts in said counties having jurisdiction of tort and criminal actions shall have jurisdiction of all such non-resident users in actions arising under this Act. New section (Ga. L. 1937, pp. 732-734). Non-residents using highways. Courts with jurisdiction. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved March 27, 1947. INSANE EMPLOYEESPAYMENT OF WAGES TO WIVESEXEMPTION OF FUND. No. 81 (House Bill No. 57). An Act To make it lawful for any person, firm, partnership, or corporation doing business in this state, upon the adjudication of insanity of any employee having a wife with whom he is living at the time of such adjudication to pay over whatsoever wages that may be due said employee not to exceed any amount due said employee to said wife and to exempt said wages to the amount of any amount due said employee from garnishment. 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 it shall be lawful upon the adjudication of insanity of any person employed by any person, firm, partnership, or corporation doing business in this state who may have wages due him by said person, firm, partnership or corporation and who may have a wife with whom he was living at the time of such adjudication to pay all of said wages when they do

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not exceed any amount due said employee, and in case such wages exceed any amount due said employee to pay the sum of any amount due said employee to said wife and said funds to the amount of any amount due said employee after the adjudication of insanity of said employee, shall be exempt from any and all process of garnishment. Wages due insane persons. Payment to wives. Section 2. Be it further enacted by the authority aforesaid that such person, firm, partnership, or corporation be and are hereby required to pay over said funds on the demand of said wife upon satisfactory proof that she is the wife of said insane employee and was living with him at the time of the adjudication of insanity. Wife's proof. Section 3. Be it further enacted by the authority aforesaid that said person, firm, partnership or corporation paying over said fund as aforesaid shall be and are hereby protected and released from all claims whatever against said fund by any guardian of said insane employee or the creditors of said insane employee or other claims that may be brought against said fund. Protection of payers from other claims. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. CITY COURT OF STATESBOROSOLICITOR'S SALARY INCREASED. No. 82 (House Bill No. 26). An Act to amend an Act to create the City Court of Statesboro, approved August 10, 1903 as amended by an Act approved August 14, 1906; and as amended by an Act approved August 27, 1931; and as amended by an Act approved March 23, 1937; so as to increase the salary of the Solicitor of said Court. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 10, 1903, creating

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and establishing the City Court of Statesboro as amended by an Act of the General Assembly approved March 23, 1937, be and the same is hereby amended by striking from Section 1 of said Act approved March 23, 1937, by striking from said Section the expression sixteen hundred dollars ($1600.00) wherever it may appear in said Section and inserting in lieu thereof the expression eighteen hundred dollars ($1800.00) per annum so that said Section when amended shall read as follows: The salary of said Solicitor shall be the sum of eighteen hundred dollars ($1800.00) per annum to be paid out of the treasury of Bulloch County which shall be in full for all services [Illegible Text] by him, and for which he shall receive no other compensation than a salary of eighteen hundred dollars ($1800.00) per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures and insolvent costs. Salary made $1800.00 Section 2. Be it further enacted by the authority aforesaid, that the provisions of this Act shall be retroactive as of January 1, 1947. Retroactive to January 1, 1947. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved March 25, 1947. ACWORTH CHARTER AMENDMENTS. No. 83 (House Bill No. 187). An Act To amend an Act approved August 17, 1903, pages 413, 421, Georgia Laws 1903, entitled An Act to establish a new charter for the town of Acworth, in Cobb County, etc., as amended by an Act approved July 20, 1920, page 654, Georgia Laws 1920, and as amended by an Act approved July 14, 1927, pages 754,763, Georgia Laws 1927, by striking therefrom Section 2 of the Act approved August 17, 1903, as reads Be it enacted by the authority aforesaid, that the municipal government of the city of Acworth shall be vested in a mayor and a board of aldermen, consisting of five (5) members, and

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the term of office of each shall be one (1) year and until his (or their) successors shall have been chosen and qualified. Any male person shall be eligible to the office of mayor and alderman who is a bona fide resident of said city at the time of his election and is a qualified voter of said city, and inserting in lieu thereof the following: Be it enacted by the authority of the aforesaid, that the municipal government of the city of Acworth shall be vested in a mayor and a board of aldermen, consisting of five (5) members, one each being elected from each ward of the city. The term of office of the mayor and alderman shall be two (2) years and until his (or their) successors shall have been chosen and qualified; provided however, that the board of aldermen first elected at the regular election in October 1947, shall be elected for a term of office as follows: Aldermen from wards 1, 3 and 5 shall be elected for a term of one (1) year and aldermen from wards 2 and 4 shall be elected for a term of two (2) years. All succeeding aldermen beginning with the regular election in October 1948 shall be elected for a term of two (2) years. Any male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said city, and ward in case of alderman, at the time of his election and who is a qualified voter of said city; provided that any candidate for an office of the city shall register with the city clerk by October 15th next prior to the general election as a candidate for said office and paying an entrance fee of $5.00 if a candidate for mayor, or a fee of $2.50 if a candidate for alderman; by adding the following Section to be known as Section 2A which shall read as follows: Section 2A. Be it enacted by the authority of the aforesaid and the same is hereby enacted, that the mayor and aldermen of the city of Acworth do and are hereby required to divide the city of Acworth into five (5) wards, numbered 1, 2, 3, 4, and 5. Said division of the city into wards shall be accomplished after the passage of this Act and prior to a period beginning thirty (30) days before candidates for election to the office of alderman are required to qualify as candidates in the regular election in October 1947; by striking from Section 3 of the Act approved August 17, 1903, as amended by the

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Act approved July 26, 1920, the first sentence thereof as reads: Be it further enacted, that said mayor and aldermen shall be elected on the last Saturday of October of each year, and inserting the following words, in lieu thereof, Be it enacted by the authority of the aforesaid, that a regular election shall be held on the last Saturday of October of each year to elect an alderman to fill any vacancy created by the expiration of a term of office of any alderman then in office whose term shall expire in January next after said regular election and for the election of a mayor to fill a vacancy created by the expiration of the term of office of the then mayor whose term shall expire in January next after said election. There shall be one (1) alderman elected from each ward of the city of Acworth who shall be elected by the qualified voters of the entire city to represent the ward from which he is a candidate; by adding the following sentences to Section 8 of the Act approved August 17, 1903, Provided further that the city, upon the petition of two-thirds of the land owners of any unpaved street to do so, shall cause said street to be paved and the land owners abutting thereon shall pay two-thirds of the cost of said paving, one-third by the property owners abutting each side, and that the city shall pay the remaining one-third of the cost of said paving. That the city may allow said property owners to pay their proportionate share in three (3) equal, annual installments; by striking from Section 7, sub-section (4), of the Act approved July 14, 1927, page 761, amending the Act approved August 17, 1903, the following words of the first sentence, That fifteen (15) days prior to, and by inserting in lieu thereof the following words, That on October 10th next before; by adding a new Section to the city charter to be known as Section 25 of said charter, approved August 17, 1903, so as to enlarge the powers of the mayor and aldermen of the city of Acworth that they may, when it is deemed to be in the best interest of the city, elect a city manager, fix his salary, prescribe his duties and powers, and term of ofice; by striking from Section 8, paragraph (8), page 763, Georgia laws 1927, of the Act approved July 14, 1927, amending the Act approved August 17, 1903, the following words in lines 2 and 3

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thereof and during the same period every two years thereafter; and for other purposes: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 2 of an Act approved August 17, 1903, Georgia Laws 1903, page 413, be, and the same is hereby amended by striking therefrom the entire Section as reads: Be it enacted by the authority aforesaid, that the municipal government of the city of Acworth shall be vested in a mayor and a board of aldermen, consisting of five (5) members, and the term of office of each shall be one (1) year and until his (or their) successors shall have been chosen and qualified. Any male person shall be eligible to the office of mayor or alderman who is a bona fide resident of said city at the time of his election and is a qualified voter of said city, and by inserting in lieu thereof the following: Be it enacted by the authority aforesaid, that the municipal government of the city of Acworth shall be vested in a mayor and a board of aldermen, consisting of five (5) members, one each being elected from each ward of the city. The term of office of the mayor and aldermen shall be two (2) years and until his (or their) successors shall have been chosen and qualified; provided however, that the board of aldermen first elected at the regular election in October 1947, shall be elected for a term of office as follows: Aldermen from wards 1, 3 and 5 shall be elected for a term of one (1) year, and aldermen from wards 2 and 4 shall be elected for a term of two (2) years. All succeeding aldermen beginning with the regular election in October 1948, shall be elected for a term of two (2) years. Any male person shall be eligible for the office of mayor or alderman who is a bona fide resident of said city, and ward in case of alderman, at the time of his election and is a qualified voter of said city; provided that any candidate for an office of the city shall register with the city clerk by October 15th next prior to the general election as a candidate for said office and paying an entrance fee of $5.00 if a candidate for mayor, or a fee of $2.50 if a candidate for alderman; so that said Section 2 of said Act as amended shall read as follows, to wit: Ga. L. 1903, p. 413, sec. 2, amended. [Illegible Text] [Illegible Text] [Illegible Text] Be it enacted by the authority aforesaid, that the

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municipal government of the city of Acworth shall be vested in a mayor and a board of aldermen, consisting of five (5) members, one each being elected from each ward of the city. The term of office of the mayor and aldermen shall be two (2) years and until his (or their) successors shall have been chosen and qualified; provided however, that the board of aldermen first elected at the regular election in October 1947, shall be elected for a term as follows: Aldermen from wards 1, 3 and 5 shall be elected for a term of one (1) year, and aldermen from wards 2 and 4 shall be elected for a term of two (2) years. All succeeding aldermen beginning with the regular election in October 1948, shall be elected for a term of two (2) years. Any male person shall be eligible for the office of mayor or alderman who is a bona fide resident of said city, and ward in case of alderman, at the time of his election and is a qualified voter of said city; provided that any candidate for an office of the city shall register with the city clerk by October 15th next prior to the general election as a candidate for said office and paying an entrance fee of $5.00 if a candidate for mayor, or a fee of $2.50 if a candidate for alderman. Mayor and Aldermen. Section 2. That an Act approved August 17, 1903, Georgia Laws 1903, page 413, be, and the same is hereby amended by adding the following new Section to be known as Section 2A of said Act which shall read as follows: Ga. L. 1903, p. 413, sec. 2A, added. Section 2A. Be it enacted by the authority aforesaid and the same is hereby enacted, that the mayor and aldermen of the city of Acworth do and are hereby required to divide the city of Acworth into five (5) wards, numbered 1, 2, 3, 4 and 5. Said division of the city into wards shall be accomplished after the passage of this Act and prior to a period beginning thirty (30) days before candidates for election to the office of alderman are required to qualify as candidates in the regular election in October 1947. Wards. Section 3. That Section 3 of the Act approved August 17, 1903, Georgia Laws 1903, page 414, as amended by the Act approved July 20, 1920, Georgia Laws 1920, page 654, be, and the same is hereby amended by striking therefrom the first sentence of said Section 3 which reads: Be it

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further enacted that said mayor and aldermen shall be elected on the last Saturday of October of each year, and by inserting in lieu thereof the following sentences and words: Be it further enacted by the authority aforesaid, that regular election shall be held on the last Saturday of October of each year to elect an aldermen to fill any vacancy created by the expiration of a term of office of any alderman then in office whose term shall expire in January next after said regular election, and for the election of a mayor to fill a vacancy created by the expiration of the term of office of the then mayor whose term shall expire in January next after said election. There shall be one alderman elected from each ward of the city of Acworth who shall be elected by the qualified voters of the entire city to represent the ward from which he is a candidate, so that said Section 3 of said Act, as amended by the 1920 Act and as hereby amended, shall read as follows, to wit: Sec. 3 amended. Elections. Be it further enacted by the authority aforesaid, that a regular election shall be held on the last Saturday of October of each year to elect an alderman to fill any vacancy created by the expiration of a term of office of any alderman then in office whose term shall expire in January next after said regular election, and for the election of a mayor to fill a vacancy created by the expiration of the term of office of the then mayor whose term shall expire in January next after said election. There shall be one alderman elected from each ward of the city of Acworth who shall be elected by the qualified voters of the entire city to represent the ward from which he is a candidate. All elections for mayor and alderman and elections of any question submitted to the voters of said city shall be held at the courthouse and at such places as may be established by law or the ordinances of said city. All elections shall be held by three (3) persons qualified to hold elections for members of the General Assembly of this State and said election shall be held under and governed by the same rules and regulations as are elections for members of the General Assembly of this State, and in addition thereto residence in the corporate limits of said city for the period of six (6) months next preceding the election and the payment

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of all taxes legally required of them by said corporation. Election procedure. Section 4. That Section 8 of the Act approved August 17, 1903, Georgia Laws 1903, page 416, be, and the same is hereby amended by adding thereto the following sentences and words: Provided further that the city, upon the petition of two-thirds of the land owners of any unpaved street to do so, shall cause said street to be paved and the land owners abutting thereon shall pay two-thirds of the cost of said paving, one-third by the property owners abutting each side, and that the city shall pay the remaining one-third of the cost of said paving. That the city may allow said property owners to pay their proportionate share in three (3) equal, annual installments, so that said Section 8 of said Act as hereby amended shall read as follows, to wit: Sec. 8 amended. Be it enacted by the authority aforesaid, that the city council shall have the right, authority and power to condemn and appropriate private property for public use; to widen, extend or straighten any street, lane or alley for the convenience of the public; to grade and change all streets, sidewalks, avenues, or other ways; to regulate the width of same, to keep in good order or repair the same, and to contract and keep in repair drains, sewers, and gutters; to keep all public grounds, sidewalks, alleys, lanes or other ways free from obstruction of any kind; to require land owners or lessees to curb, pave or improve sidewalks at their own expense and under direction of the city authorities; and upon the failure of land owners to do so, the city authorities may proceed to have said work done and collect the cost of same as other taxes are collected; provided the city authorities have given the land owner thirty (30) days notice before proceeding to curb, pave or improve said property. Provided further, that the city, upon the petition of two-thirds of the land owners of any unpaved street to do so, shall cause said street to be paved and the land owners abutting thereon shall pay two-thirds of the cost of said paving, one-third by the property owners abutting each side, and that the city shall pay the remaining one-third of the cost of said paving. That the city may allow said property

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owners to pay their proportionate share in three (3) equal annual installments. Street, sidewalks, etc., improvements. Expense. Section 5. That Section 7, sub-section (4) of the Act approved July 14, 1927, Georgia Laws 1927, page 761, amending the Act approved August 17, 1903, be amended by striking therefrom the following words of the first sentence, That fifteen (15) days prior to, and by inserting in lieu thereof, the following words: That on October 10th next before so that said Section 7, sub-section (4) of said Act, as hereby amended, shall read as follows, to wit: Ga. L. 1927, p. 761, sec. 7(4), amended. That on October 10th next before the general city elections wherein any member of the governing body the city is to be elected, the city clerk shall, insofar as registration of voters for that particular election is concerned, close the registration book, and within five (5) days thereafter shall deliver custody of the registration book to the registrars, together with a list of such names as appear on said book, who for non-payment of any taxes or for any other cause known to the clerk, are not entitled to vote in the election with respect to which the books are closed; and within ten (10) days after the receipt of said books and said list the registrars shall prepare a complete list of all persons whose names appear on said book, and who are entitled to vote at said election, arranged alphabetically, with white and colored voters and wards listed separately, and showing all other entries appearing on said books except `remarks', and said list shall be prima facie evidence of the right to vote on the part of the persons listed; and persons whose right to be entered on said list is questioned by or before the registrars shall, before being eliminated, be given at least one day's notice and an opportunity to be heard as provided in paragraph 7 of this section; and said registrars shall, at the expiration of ten (10) days, file with the city clerk the list so made up by them, certified, and shall, before or at the opening of the polls, furnish the managers a certified copy of the same, and no person shall be allowed to vote at said election unless his name appears thereon, and the election managers shall be so governed, and shall enclose said list with their returns of the election, and in all special elections held in and

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for the city the same procedure and requirements shall be followed, except that the clerk shall close said book five (5) days after the call or order for said special election, and within five (5) days after said closing shall furnish the registrars said book and list, and the list of voters shall be made up within ten (10) days after its receipt, and delivered to the managers as aforesaid; provided further that where precincts are opened in the wards of the city for ward election the registrars shall furnish the managers at such precinct with a list of the voters of that ward only, under the same terms and requirements as herein provided; provided, that where a voter has at the time of the election removed into a ward different from that in which he registered, he may vote in the ward in which he moved without re-registering, if he will make an oath, on challenge, that he has not voted in any other ward in that election. Registration. Book, list of voters. Section 6. That the Act approved August 17, 1903, Georgia Laws 1903, page 413, be, and the same is hereby amended by adding a new Section thereto to be known as Section 25 of said Act, which shall read as follows: Ga. L. 1903, p. 413, sec. 25 added. Be it enacted by the authority aforesaid and the same is hereby enacted, that the mayor and aldermen, when in their discretion and for the best interest of the city, may elect a city manager and they are hereby empowered to prescribe his duties, powers, salary, term of office, and determine such other functions of his position as may be necessary. New section. City Manager. Section 7. That the Act approved July 14, 1927, Georgia Laws 1927, page 761, amending the Act approved August 17, 1903, Georgia Laws 1903, page 413, be, and the same is hereby amended by striking the following words from lines 2 and 3 of Section 8, paragraph (8), page 763, Georgia Laws 1927, to wit: and during the same period every two (2) years thereafter, so that said Section 8, paragraph (8) of said Act, as hereby amended, shall read as follows, to wit: Ga. L. 1927, pp. 761, 763, sec. 8, par. 8, amended. That the registrars shall between July 1st and September 1st of each year purge the registration book of all names of voters who at the time have become disqualified under Section 2, article 2 of the Constitution of

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Georgia of 1877, or who no longer reside within the city or who are dead, or who are defaulters in the payment of taxes lawfully demanded of them, for a period of two years. Purging registration book. In all cases where the right of a person to have his name upon the registration book is questioned, the registrars shall notify such person as in paragraph 7 of this section provided, and when final decision is made that any person's name shall be purged from said book, the registrars shall enter the word `purged' on and over the name to be purged, and the cause, and sign their name thereto; and no name so purged shall thereafter be entered upon any list of voters prepared by the registrars as in this Act provided, until after the voter has reregistered. Notice. Entries. Names purged. Section 8. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 25, 1947. ABBEVILLE CHARTER AMENDMENTREFERENDUM. No. 84 (House Bill No. 179). An Act to amend an Act entitled An Act to reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers of said corporation; and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville, and granting a new charter to the said Town, under the name of the City of Abbeville, and for other purposes; so as to provide that the term of the office of the Mayor and Aldermen of the City of Abbeville shall be for one year instead of two years and that the salary of the City Clerk and Treasurer shall be Thirty-five Dollars per month, and to further provide for a referendum by the voters of the City of Abbeville as to whether or not this Act shall become effective, and provide when and where said election shall be held and who shall be eligible to vote therein, and further provide in the event this Act is approved by such referendum,

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when an election shall be held for Mayor and Aldermen of the said City of Abbeville and when the new term of office 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: Section 1. That an Act entitled An Act to reincorporate the Town of Abbeville as the City of Abbeville, and to confer additional powers on said corporation, and to codify, amend and supersede all previous Acts incorporating the Town of Abbeville, and granting a new charter to said town, under the name of the City of Abbeville, and for other purposes; and all Acts amendatory thereto be, and the same are hereby amended, and superseded insofar as they conflict with this Act, in the following particulars, to wit: Prior acts amended and superseded. Section 2. That there shall be a Mayor and six Aldermen of said City of Abbeville. The Mayor and Aldermen shall be elected at an election to be held for that purpose in the City of Abbeville, which election shall be held on the first Tuesday in April, 1947, and the present Mayor and Aldermen shall hold office until such election is held, at which time the Mayor and Aldermen so elected at such election to be held on the First Tuesday in April next shall become the duly elected and qualified Mayor and Aldermen of the City of Abbeville and shall hold such office of Mayor and Aldermen until the fifteenth of April, 1948, and the present Mayor and Aldermen shall cease to hold such office unless re-elected in said election. All the regulations which are now in force for holding of an election for Mayor and Alderman so far as voting and registration are concerned shall remain in full force and effect except that voters who desire to register to vote in said election or any future elections hereunder shall be permitted to do so up until five days before said election and in determining the number of days only the first or last days shall be counted. Any person desiring to run for Mayor and Aldermen, however, shall have the right to qualify in such election to hold said office by filing a written notice of candidacy with the City Clerk on or before on day before said election. There shall be held annually on the first Tuesday in April an election for Mayor and Aldermen of the City of Abbeville, which

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Mayor and Aldermen shall take office on the fifteenth day of April following his election and shall hold the same for one year and the first Mayor and Aldermen to be elected hereunder shall likewise assume office on the fifteenth day of April, 1947. If for any reason said election is not held as herein provided for, then an election shall be called by the authorities of the City of Abbeville for such purpose, which election shall be held no earlier than fifteen days or not later than thirty days from the date of the call. Any Mayor and Alderman elected hereunder shall hold office until his successor is elected and qualified. Mayor and Aldermen. Election. Terms. Section 3. That the salary of the City Clerk and Treasurer of said City shall be Thirty-five Dollars per month, and that this shall be all the compensation that said Clerk and Treasurer shall receive from said city as such. Salary, Clerk and Treasurer. Section 4. Be it further enacted by the authority aforesaid that a special election shall be held in the City of Abbeville on the first Tuesday in March for the purpose of submitting to the qualified voters thereof the question as to whether or not this amendment shall become effective and the ballot shall have printed thereon: For the amendment to the Charter of the City of Abbeville and Against the amendment to the Charter of the City of Abbeville, and in the event a majority of the voters voting in said election vote in favor of this amendment then the same shall become effective and shall become a part of the charter of the City of Abbeville, but if a majority do not vote in favor of this amendment, the same shall not become effective. It is mandatory that the election be held at the time and place herein fixed, and in the event of the failure of the proper authorities to provide for said election, any ten citizens of the City of Abbeville can hold said election at said time and place and shall be managers thereof and shall declare the result thereof. Only qualified voters shall be entitled to vote in said election and any person desiring to vote in said election shall register with the City Clerk of the City of Abbeville at least three days before the election herein provided for, and the City Council of the City of Abbeville shall canvass the returns of said election and by proper resolution declare the result thereof. If for any reason said City Council fails and refuses to perform their duty in this respect then they may be required to do so by

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mandamus or other appropriate remedy and the limitation of time of holding said election shall not prevent holding the same at some future date, however, if for any reason it is not held at the time and place herein providef for, then any ten citizens of the City of Abbeville can act for all purposes herein if for any reason the City Council fails to act. Referendum. Election procedure. Section 5. Be it further enacted by authority aforesaid that if this act is approved by a majority of the voters in said election then the same shall become effective and all laws and parts of laws in conflict with this act shall be and the same are hereby repealed. Approval by majority of voters. Approved March 25, 1947. AUGUSTA CITY CHARTER. No. 85 (House Bill No. 51).

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An Act to provide a charter for the City of Augusta; amending an Act assented to January 31, 1798, entitled An Act to incorporate Augusta and improve the public roads in the neighborhood thereof (Marbury Crawford's Digest, pages 669-672); repealing certain acts amendatory thereof and supplemental thereto; and for other purposes. TABLE OF CONTENTS. A. Title, Chapter I Incorporation and Powers. II Boundaries. III Elections. IV The Council. V The City Manager. VI Budget. VII Financial Administration. VIII Personnel. IX Pensions. X Police. XI Fire. XII Department of Inspections. XIII Public Works XIV Water Works and Canal. XV Department of Recreation. XVI Recorder's Court. XVII Miscellaneous Provisions. B. Repealers. C. Transitional Provisions. D. Severability. E. Adoption. Be it enacted by the General Assembly of the State of Georgia, and its is hereby enacted by authority of the same: Section A. The act entitled An Act to incorporate Augusta and improve the public roads in the neighborhood thereof, assented to January 31, 1798 (Marbury Crawford's Digest, pages 669-672), is hereby amended by striking out from the second paragraph of section 1 the words one year within the said town, and having a freehold or lease, for years, of a lot within the same or the village of Springfield, or between the said village and town, and inserting in lieu thereof the words in the City of Augusta as the boundaries thereof now are or may hereafter be; by striking out in said second paragraph of section 1, beginning with the words and shall be divided into the following districts to the end of such section; by striking out the whole of section 2; by renumbering section 3 as section 2, and striking out from the beginning of said section to and including the words any five of whom, with the Intendant, and inserting in lieu thereof the words The members elected to the city council as hereinafter provided; by striking out from the same section the words under their common seal; by striking out from the same section, the words carriages, wagons, carts, drays, pumps, buckets and inserting in lieu thereof the words all manner of vehicles; by striking out from the same section the word negroes,; by striking out from the same section beginning with the words and they are hereby authorized to the end of the section; by striking out sections 4 and 5; and by adding to said Act the provisions hereinafter set forth; so that said Act as amended shall read as follows: Act of 1798 amended. CHAPTER I. INCORPORATION AND POWERS. Section 1. Incorporation. Whereas, from the extent and population of the Town of Augusta, its growing importance,

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both with respect to increase of inhabitants and diffusive commerce, it is indispensably necessary that many regulations should be made for preservation of peace and good order within the same; And whereas, From the many weighty and important matters that occupy the attention of the Legislature at their general meeting, it has hitherto been found inconvenient, and may hereafter be found more so, for them to devise, consider, deliberate on, and determine all such laws and regulations as emergencies or the local circumstances of the said town may from time to time require: Incorporation. Be it therefore enacted, That from and immediately after the passage of this Act, all persons, citizens of the United States, and residing in the City of Augusta as the boundaries thereof now are or may hereafter be, shall be deemed, and they are hereby declared to be, a body politic and corporate; and the said town shall hereafter be called and known by the name of City of Augusta. Section 2. General Powers. The members elected to the city council as hereinafter provided shall be known by the name of, and they are hereby declared to be The City Council of Augusta. And they and their successors, hereafter to be appointed, shall have a common seal, and shall be capable, in law, to purchase, have, hold, receive, enjoy, possess, and retain to them and their successors for the use of the City of Augusta, in perpetuity, or for any term of years, any estate or estates, real or personal, messuage, lands, tenements, hereditaments of what kind or nature soever, within the limits of said City; and to sell, alien, exchange, or lease the same, or any part thereof, as they shall think proper; and by the same name to sue and be sued, implead and be impleaded, answer and be answered unto, in any court of law or equity in this State; and they shall also be vested with full power and authority, from time to time, to make and establish such bylaws, rules, and ordinances, respecting the harbor, streets, public buildings, workhouses, markets, wharves, public houses, all manner of vehicles, fire engines, the care of the poor, the regulation of disorderly people, and in general every other bylaw or regulation that shall appear to them requisite and necessary for the security, welfare and convenience of the said City,

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or for preserving peace, order, and good government within the same; and the said City Council shall also be vested with full power and authority to make such assessments on the inhabitants of Augusta, or those who hold taxable property within the same, for the safety, benefit, convenience and advantage of the said City, as shall appear to them expedient, and to affix and levy fines for all offences committed against the bylaws of the said City. General powers. Section 3. Additional Powers. In addition to and not in derogation of the powers conferred by the preceding sections and elsewhere in this Act, the City Council of Augusta, hereinafter called the council, shall have power to: Other powers. (1) Acquire by purchase, gift or devise, construct, alter, maintain, control and operate, within or without the city, lands, buildings, docks, wharves, bulkheads, warehouses and other port facilities, bridges, ferries, tugs, vessels, canals, spur tracks, and their appurtenances, drainage ditches, dams, levees, waterworks, aqueducts, reservoirs, water mains and pipes, hydro-electric plants and electrical transmission and distribution systems, airports, and their accessories, market houses, comfort stations, parks, playgrounds, field houses, swimming pools, bath houses, other recreational facilities, hospitals, clinics, infirmaries, libraries, museums, and other institutions, cemeteries, jails, penal institutions, prison farms, and other works and structures necessary or convenient for the exercise of any of the powers of the city or for supplying within the city or in the area adjacent thereto any utility or service, and make reasonable charges for the same enforceable by execution or otherwise. (2) Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle, and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds and squares, viaducts, underpasses, subways, tunnels, sewers and drains, within or without the corporate limits. (3) Employ, for the execution of any of its powers within and without the city, the right of eminent domain as provided in Title 36 of the Code of Georgia.

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(4) Exercise police jurisdiction over all property owned or used by the city but situated outside the limits thereof, and make regulations with regard thereto. (5) Accept or refuse gifts, donations and bequests, and take and hold property within or without the city or State upon trust, and administer trusts for the public benefit. (6) Prescribe the manner in which real and personal property within the city, except property assessed through the office of the State Revenue Commissioner, shall be assessed for taxation. (7) Determine how and when owners of taxable property shall file returns of the same and prescribe a penalty for failure to make such returns by the time specified. (8) Prescribe how and when taxes, fines, license fees, and assessments are to be collected and impose a penalty in the form of an additional per centum on all taxes, fines, license fees, and assessments not paid within the time fixed for payment. (9) Enforce the collection of all taxes, fines, license fees, assessments, and penalties and all other moneys due the city under any ordinance or resolution of the council, except as provided in Section 3 of Chapter XIV with respect to money due for water rents, by issuing execution for the same to be enforced by the city collector and ex officio sheriff. (10) Require any person, firm or corporation to pay a license tax upon any occupation, profession, trade or business followed or carried on within the city, whether or not such person, firm or corporation resides or has its home office or principal place of business within the city, except occupations, professions, trades or businesses required by general law to be taxed exclusively by the State. (11) Prescribe limits within which businesses, occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained.

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(12) Require, wherever necessary in the exercise of its powers, permits and licenses, and fix the amount to be paid therefor. (13) Incur indebtedness by the issuance of bonds or notes subject to the limitations prescribed by the Constitution and laws of Georgia; provided that no bonds shall be issued for the purpose of financing any public work or improvement for a term longer than the estimated life of the work or improvement; and provided that all bonds shall be in serial form payable as consecutively numbered in substantially equal amounts each year beginning one year from the date of issue. (14) Provide for the support of a free public library or libraries. (15) Grant franchises to or make contracts with any person, firm or corporation, including railroad companies, for the use of the streets or other public ways of the city for railroad lines or for the purpose of rendering other services and utilities to the people, upon such conditions with regard to rates, charges and character of service to be rendered as the council may by ordinance prescribe, subject in all cases to the general laws relating to public service corporations. (16) Remove or cause to be removed any obstruction or encroachment on the streets and public alleys in the city at the expense of the person or persons causing the same. (17) Prescribe the location, in, under and above the streets and other public ways and grounds, of all pipes, conduits, poles and wires, and order before laying permanent pavement in any street the relaying, renewal, and repair of pipes and conduits therein, and establish the conditions under which pavements may be cut for the renewal, repair, relocation or removal of pipes and conduits. (18) Regulate traffic in the streets and public ways of the city, including the parking of vehicles therein; determine the conditions under which owners of property must provide parking space thereon; regulate the operation of parking lots and parking garages; own and operate

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parking lots and other off-street parking facilities and in the council's discretion make a reasonable charge for the use thereof. (19) Regulate the transportation of goods and passengers across the Savannah river to and from the city. (20) Regulate the construction of buildings and the plumbing and electric wiring therein. (21) Regulate and restrict the height, number of stories, size and bulk of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes; provide for the hearing of appeals from the enforcement of such regulations and for the granting of exceptions therefrom in cases of hardship. (22) Establish a city planning commission and define its powers and duties, which may include a provision that plats of all subdivisions within the limits of the city and within six miles thereof shall be approved by said commission before they are received for filing and recording by the clerk of the superior court of Richmond county. (23) Make such requirements concerning the use of stoves, furnaces, boilers and engines as may be necessary to prevent the emission of dense smoke from any chimney or stack. (24) Protect the public health, except that nothing in this Act shall be deemed to affect the Act approved August 22, 1931, entitled An Act to repeal an Act entitled, `An Act to authorize the City Council of Augusta to create a Board of Health for said city,' approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined Body to be known as the `Richmond County Department of Health', the jurisdiction of said body to extend over both the city and county; and for other purposes, as amended. (25) Collect and dispose of drainage, sewage, offal,

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ashes, garbage and refuse by discharging the same into streams and rivers or otherwise. (26) Inspect, test, measure and weigh any article of consumption or use within the city, and charge reasonable fees therefor; provide standards of weights, tests and measures; establish, regulate, license and inspect weights and measures. (27) Regulate, tax, license or suppress the keeping or going at large of animals within the city; impound the same and, in default of redemption, sell or kill the same. (28) Advance money, duly appropriated for the purpose, to the United States of America or any department or agency thereof in accordance with federal statutes and regulations, when necessary to secure federal cooperation in projects beneficial to the city or its inhabitants. (29) Provide for punishing the violation of any ordinance, bylaw, rule or regulation of the city by fine, imprisonment, labor on the city's public works, or any combination thereof, but no fine shall exceed three hundred dollars and the term of imprisonment and labor taken together shall not exceed ninety days; establish fees and costs to be assessed in the Recorder's Court; affix penalties for the violation of ordinances and regulations to be enforced by civil action in any court of competent jurisdiction, and any person, firm or corporation violating any ordinance or regulation of the city shall be further liable to the city in a civil action for damages caused by or arising out of such violation. (30) Have and exercise, in addition to all powers specifically granted, all powers fairly implied in or incident to the powers expressly granted and all other powers appropriate to the management of the property, government and affairs of the city the exercise of which is not expressly forbidden by the Constitution and general laws of Georgia. Section 4. Construction of Grants of Power. The enumeration of particular powers in this Act is not exclusive of others, nor restrictive of general words or phrases granting powers, and whether powers, objects or purposes

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are expressed conjunctively or disjunctively, they shall be construed so as to permit the city to exercise freely any one or more such powers as to any one or more such objects for any one or more such purposes. CHAPTER II. BOUNDARIES. Section 1. Present City Boundaries Confirmed. The full power and authority of the City of Augusta and all its corporate rights, privileges and obligations under this act shall extend to the boundaries of the said city as the same were constituted at the effective date of this act, to wit: Present boundaries confirmed. (1) Beginning with the intersection of the east side of East Boundary Street, prolonged, and the boundary line between the State of Georgia and the State of South Carolina on the Savannah River; Description. (2) Thence along the east side of East Boundary Street to the south side of Gwinnett Street; (3) Thence along the south side of Gwinnett Street, to a point on the south side of Gwinnett Street opposite to the west side of Fifth Street, and in the center of Beaver Dam Ditch, and running thence south 18 degrees west 1,020 feet; (4) Thence north 68 degrees 19 minutes west 1,605 feet, to a point on the east line of the right of way of the Central of Georgia Railway; (5) Thence in a southwardly direction alongside east line of the Central of Georgia Railway's right of way 4,572 feet, to a point; (6) Thence further in a southwardly direction still along said east line of the Central of Georgia Railway's right of way 2,968 feet, to a point on said right of way line; (7) Thence north 31 degrees 45 minutes west 2,704 feet, to a point on the western property line of the Savannah Road, 150 feet south of the south line of Turpin Street (formerly Fifth Avenue extended); (8) Thence north 31 degrees 45 minutes west along

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a line parallel to and 150 feet from the south of the south line of Turpin Street to a point 150 feet from the south line of Milledgeville Road; (9) Thence north 66 degrees 45 minutes east along a line parallel to and 150 feet from the south side of Milledgeville Road 1,060 feet; (10) Thence north 28 degrees 55 minutes west along the north side of Sunset Avenue 1,240 feet to angle in street; (11) Thence along the north side of said street, north 70 degrees 18 minutes west 700 feet to the east side of Fifteenth Street; (12) Thence along the east side of Fifteenth Street north 20 degrees east 44 feet; (13) Thence north 55 degrees 54 minutes west along the north side of the public road, known as Sunset Road, formerly Little Hill street, 1,915 feet to an angle in said road; (14) Thence north 46 degrees 27 minutes west along the north line of said road 1,960 feet, more or less, to the point of intersection with the boundary line of the former Village of Summerville; (15) Thence, from the said point of intersection on the north side of Sunset Road north 84 degrees 30 minutes west to a point on west side of Wheeless Road; (16) Thence southwesterly along the west side of Wheeless Road, 2,934 feet more or less; (17) Thence north 83 degrees west 623 feet, more or less; (18) Thence south 45 degrees 35 minutes west 531.4 feet, more or less; (19) Thence north 74 degrees 10 minutes west 824 feet, more or less; (20) Thence south 42 degrees 55 minutes west 509.7 feet to the Georgia Railroad right of way; (21) Thence northwest along said Georgia Railroad right of way 623 feet;

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(22) Thence north 15 degrees 45 minutes east 3,843 feet, more or less; (23) Thence south 80 degrees east 435 feet, more or less; (24) Thence north 6 degrees 10 minutes east 96 feet, more or less; (25) Thence south 85 degrees east 262 feet, more or less; (26) Thence north 6 degrees 10 minutes east 223 feet to Wrightsboro Road; (27) Thence easterly along the south side of Wrightsboro Road 1,709 feet to a point opposite the southwest corner of the city waterworks property; (28) Thence north 3 degrees 54 minutes east along the western property line of the waterworks property to the northeast corner of said waterworks property; (29) Thence easterly along the northern property line of said waterworks property to the west side of Peachtree Road Extended; (30) Thence northerly along the west side of Peachtree Road and Peachtree Road Extended to the junction with the Wheeler Road; (31) Thence easterly along the south line of the Wheeler Road to the junction of the same with the eastern property line of Westover Cemetery extended; (32) Thence northerly along the east property line of Westover Cemetery in a direct line to the southwest corner of the Country Club property; (33) Thence north 8 degrees east along the line of the Country Club grounds 2,916 feet to Rae's Creek; (34) Thence in a generally easterly direction along the south bank of Rae's Creek to the intersection of Broad Street, excluding the bridge across Rae's Creek; (35) Thence across the head of Lake Olmstead to the northwestern side of said lake; (36) Thence along the high-water or flow line of said Lake Olmstead to the southern line or berme bank of the Augusta Canal;

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(37) Thence along said berme bank or flow-line of said Augusta Canal to the boundary line between the counties of Richmond and Columbia; (38) Thence along said boundary line between the counties of Richmond and Columbia to the boundary line between the State of Georgia and the State of South Carolina on the Savannah River; (39) Thence in a southeasterly direction along the boundary line between the State of Georgia and the State of South Carolina to the point of beginning. CHAPTER III. ELECTIONS. Section 1. Qualified voters; lists; wards. All voters who, thirty days before each city election are registered and qualified to vote in state and county elections and reside within the city shall be deemed to be registered and qualified to vote in said city election. At least twenty days before each city election the clerk of council shall procure and publish once as a paid advertisement in a daily newspaper published in the city the names of all such voters in each ward. The council shall make a contract with the board of commissioners of roads and revenues of Richmond County and the officer or officers of said county whose duty it is to prepare and furnish, to election managers holding county elections, lists of voters qualified to vote therein, with identifying data about such voters, whereunder said county officer or officers, for a consideration fixed in such contract or, if the parties cannot agree, by arbitration pursuant to Chapter 7-2 of the Code of Georgia, shall in the same manner prepare and furnish to election managers holding city elections, like lists of voters qualified to vote in city elections, with like identifying data about such voters, as well as the names for publication hereinbefore required. The election managers shall make no mark or notation on such lists except in accordance with instructions from said county officer or officers. The council shall have power from time to time by ordinance to divide the city into wards for election purposes; provided, that no such ordinance shall become effective on the day of any state, county

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or city election nor within thirty days prior thereto; and provided further that until the adoption of such an ordinance the wards shall continue as established at the effective date of this Act. Voters, lists, wards. Section 2. Regular Elections. Except as hereinbefore provided, a regular election for city councilmen shall be held on the first Wednesday in December, 1948, and biennially thereafter. The seven councilmen elected at the regular municipal election of 1946 shall continue to serve as members of the Council from their respective Wards after the effective date of this charter as follows: Four of such councilmen to be determined by lot held at the regular council meeting in January 1948 and conducted by the clerk or acting clerk of Council, as the case may be, shall serve as councilmen until the first Monday in January 1949, and the remainder shall serve until the first Monday in January, 1951. The fact and results of said lot shall be entered on the minutes of said Council meeting by said clerk. Beginning with the regular election of 1948, a successor shall be elected to the councilman from each Ward whose term expires on the first Monday in January following, for a full term of four years. All councilmen shall be elected at large, but the position of councilman from each Ward shall be a separate office, and no person shall be a candidate from any Ward at any election, unless he shall have been such a resident for a period of six months prior to said election and unless he shall file with the Clerk of Council at least thirty days, but not more than forty days before said election a written declaration of his candidacy, stating his full name, his address, and the number of the Ward from which he is to be a candidate, accompanied by a statement, or statements, signed by at least twenty-five qualified electors of the said Ward indicating they support the candidacy of the person named in said declaration. The clerk shall give if requested a written acknowledgement of the receipt of such declaration and statement or statements. If the number of such candidates from any Ward does not exceed one, no election shall be held for such Ward and such candidate shall be deemed elected Councilman from that Ward; otherwise an election shall be held in accordance with the applicable general laws

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of the state and in the same manner as regular elections for county officers; provided, that the clerk of council shall have the powers and duties of the mayor thereunder and that the managers and clerks at such election need not be ordinaries nor justices of the peace and shall make two copies of the tabulation of the votes cast in each ballot box, and shall forthwith seal such ballots and one copy of said tabulation in a package plainly marked with the number of the box and ward and transmit the same, together with the duplicate copy of said tabulation to city council, which shall meet at noon on the day following the election to canvass said votes and declare the results. The ballots and all other papers relating to the election shall be preserved by the clerk of council for at least ninety days thereafter. Each candidate shall have the right to appoint by written certificate one watcher at each polling place in his ward, and the election managers thereat shall permit the bearer of such certificate to witness the voting and counting; but no such watcher shall in any manner solicit votes for or against any candidate or proposition being voted on. Each voter shall be entitled to cast one vote for each of as many candidates as there are councilmen to be elected, and the candidate from each ward receiving the most votes throughout the city shall be elected. Ties shall be decided by lots prepared and drawn under the direction of the Superior Court judge of the circuit in which the city lies. Councilmen shall take office at noon on the first Monday of January next following their election. No councilman who has completed a full term of four years shall be eligible to succeed himself. Elections. Terms. Procedure. Section 3. Vacancies in Council. Each vacancy in the city council shall be filled for the remainder of the unexpired term by a resident with six months residence in the same ward as his predecessor, chosen by a majority vote of the remaining councilmen, or if the majority be unable to agree within thirty days after the occurrence of such vacancy, by the superior court judge of the circuit in which the city lies; provided that if a regular city election date shall occur more than forty days after the occurrence of the vacancy and more than two years before the expiration of said term, then the person so chosen shall serve only until the first Monday in January next following said election date,

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and on said election date the position shall be filled for the remainder of the unexpired term as provided in section 2 of this chapter. Council, vacancies. CHAPTER IV. THE COUNCIL. Section 1. Powers of the City Vested in the Council. Except as otherwise provided in this act, all powers and duties of the city shall be exercised and performed by or under the direction of the city council of Augusta, henceforth referred to as the council. Council, powers. Section 2. Composition. The council shall consist of seven members elected as provided in Chapter III of this act. Each councilman shall receive compensation at the rate of fifty dollars per month. No member of the council shall hold any office of profit or employment under the government of the United States, the State of Georgia or any civil division thereof, except that of notary public, nor shall he, during the term of office for which he was elected and for two years thereafter, be appointed to any office of profit or employment in the government of the city of Augusta. A councilman shall at the time of his election be a registered elector of the ward from which he was elected and if during his term of office he shall cease to be a resident of said ward he shall be deemed to have vacated his position. Councilmen. Section 3. Mayor. On the first Monday of January, 1948, and biennially thereafter, the council shall elect by majority vote of all its members one of its own number to be mayor for a term of two years and until his successor is appointed and qualified. The mayor shall preside over the meetings of the council and have the same right to speak and vote therein as any other member. He shall be recognized as the head of the city government for all ceremonial purposes, for the service of civil process and by the governor for purposes of military law, and shall receive such reimbursement for his actual expenses incurred in the entertainment of guests of the city and in representing it in Augusta and elsewhere as shall be provided by ordinance. At the same time that it elects the mayor the council shall by majority vote of all its members elect one of its own number to be mayor pro tempore who shall in case of the

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absence or disability of the mayor act as mayor, and if a vacancy shall occur in the office of mayor shall become mayor for the unexpired portion of the term. Mayor. Mayor Pro Tempore. Section 4. Clerk of Council. The council shall appoint a clerk of council for an indefinite term. He shall attend upon all meetings of the council and keep its journal and other records. Upon request of the chairman of any committee of council he shall act as clerk of such committee or assign an employee of his office to do so. He shall perform such other duties as may be required by this act or by ordinance or resolution of the council. He shall receive a compensation to be fixed by ordinance and any fees received by him shall be paid into the city treasury. Clerk of Council. Section 5. Meetings. The council shall meet in the council chamber in the city hall on the first Monday of January following each regular municipal election, at twelve o'clock noon. Such meeting shall be called to order by the clerk of council, or if he be absent or fail to act, by the councilman first arriving at the meeting, and the oath of office shall be administered to newly elected members of the council by the retiring mayor or by any judicial officer of Richmond county. Other regular meetings shall be held not less frequently than once a month, at a time to be fixed by ordinance. Special meetings may be held at such times as the city council may by resolution direct. Special meetings may also be called on forty-eight hours' notice by the city manager, the mayor, or any three members of the council. The notice of special meetings shall be in such form and delivered in such manner as shall be prescribed by ordinance. The resolution or notice calling each special meeting shall contain a statement of the specific item or items of business to be transacted and no other business shall be transacted at such meeting. All meetings shall be open to the public. Council, meetings. Section 6. Journal. The clerk of council shall keep a journal which shall be the official record of the council's proceedings and shall be open to public inspection in his office during regular business hours. Council, journal. Section 7. Rules of Procedure. The council shall have power, subject to the provisions of this act, to adopt its own rules of procedure. Procedure.

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Section 8. Voting. No ordinance, resolution, motion or vote shall be adopted by the council, except motions of a purely procedural nature, unless it shall have received the affirmative votes of at least four members. All voting, except on procedural motions, shall be by roll call and the ayes and noes shall be recorded in the journal. Voting. Section 9. Ordinance, When Required. In addition to such acts of the council as are required by other provisions of this act to be by ordinance, every act creating, altering or abolishing any department, office or employment in the city government, assigning or reassigning offices or employments to departments, fixing the compensation of any officer or employee of the city, making an appropriation, authorizing the borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by ordinance. Ordinances. Section 10. Form of Ordinances. All ordinances shall be introduced in typewritten form. The enacting clause of all ordinances shall be, The City Council of Augusta hereby ordains. Every ordinance, except the annual budget ordinance and an ordinance making a general codification of ordinances, shall be confined to a single subject which shall be clearly expressed in its title. All ordinances which amend or repeal existing ordinances shall set forth in full the section or subsection to be amended or repealed, and if it is to be amended shall indicate matter to be omitted from the revised section or subsection by enclosing the same in brackets and new matter by underscoring. When published prior to enactment strike-out type may be used in place of brackets and italics in place of underscoring. Unless another date is specified therein an ordinance shall take effect on the tenth day following its final passage. Their form. Section 11. Procedure for the Passage of Ordinances. An ordinance may be introduced at any regular meeting by any member of the council, any committee thereof, or the city manager. It shall then be read a first time and a day and hour set, not earlier than the seventh day thereafter, at which the council or a committee thereof shall hold a public hearing on such ordinance. It shall be the duty of the clerk of council to cause each ordinance introduced to be

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published, except as hereinafter provided, within three days, as a paid advertisement once in a daily newspaper published in the city of Augusta, together with a notice of the time and place of public hearing. Newspaper publication may be dispensed with in the case of any ordinance exceeding three newspaper columns in length when printed in six-point type without leads, provided such ordinance has been printed or mimeographed in suitable form for distribution. In such case a description of the ordinance, prepared by the clerk of council, shall be published once in a daily newspaper with the notice of hearing as above provided. Procedure for their passage. No ordinance, except an emergency ordinance, shall be read a second time and finally passed until the next regular meeting following the conclusion of the public hearing thereon, nor until it has been examined by the city attorney and he has filed with the clerk of council a report on its form and legality. If on second reading an ordinance, other than an emergency ordinance, is amended, notice of such amendment shall be published in the same manner as a newly introduced ordinance, and it shall not be finally passed until the next regular meeting of the council. Section 12. Emergency ordinances. Emergency ordinances, for the immediate preservation of the public peace, health and safety, may be introduced at any regular meeting or at a special meeting, provided the subject thereof has been included in the notice of such special meeting. An emergency ordinance shall be read a first time and published as provided in the case of other ordinances but may be read a second time and passed, with or without amendment, at any regular or special meeting subsequent to such publication. An emergency ordinance shall contain a specific statement of the nature of the emergency and five affirmative votes hall be necessary for its passage. Emergency ordinances. Section 13. Record of Ordinances and Publication after Passage. The clerk of council shall give each ordinance as finally passed a serial number and enter the ordinance in a book to be kept for the purpose, which shall be properly indexed and open for inspection during regular business hours. As soon as practicable after the first Monday in January, 1948, there shall be prepared under the direction

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of the city attorney, by a competent legal publishing house employed by the city, a codification of all ordinances in force, which codification shall be passed by the council without prior publication. Upon its passage it shall be printed or otherwise reproduced in convenient form and copies shall be made available to the public at a price to be fixed by the council. Copies of all ordinances adopted which relate to the organization, powers and duties of the city government or any officer or employee thereof, or which regulate the conduct of persons or corporations, shall be printed or otherwise reproduced as soon as possible after passage, in similar form, and distributed to purchasers of the code and others. A reasonable fee, to be fixed by the council, shall be charged for this service. Record and publication of ordinances. Section 14. Powers of the Council over the Organization and Operation of the City Government. The council shall have the power to provide by ordinance, not inconsistent with the provisions of this act, for the organization, conduct and operation of the departments, offices and agencies established by this act, for the creation of additional offices and agencies, for their alteration or abolition, for their assignment and reassignment to departments; and for the number, titles, qualifications, powers, and duties and compensation of all officers and employees of the city, subject in the case of the titles and qualifications of members of the classified service to the provisions of Chapter VIII of this act; for the forms of oaths and the amount and conditions of surety bonds to be required of certain officers; and for the making of rules and regulations necessary to the control, management and operation of all public buildings, grounds, parks, cemeteries or other property of the city. Council, powers over city government. Section 15. Appointments and Removals. In making appointments and removals the council shall act by the affirmative vote of at least four members. It may remove any officer or employee appointed by it, provided the officer or employe shall have been served with a written notice of the intention of the council to remove him, containing a clear statement of the grounds for such removal and of the time and place, not less than ten days after the service of such notice, at which he shall be given an opportunity to be heard thereon. Witnesses whose testimony shall be

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pertinent to the charges shall be subpoenaed by the council at the request of the defending officer. After the hearing, which shall be public at the option of the officer or employee, and at which he may be represented by counsel, the action of the council shall be final. Appointments. Removals. Section 16. Power of Investigation. The council, or any committee thereof, when so authorized by the council, shall have power to investigate the official conduct of any department, agency, officer or employee of the city government. For the purpose of conducting such investigations and hearings relating to removals, any member of the council shall have power to administer oaths and the council or authorized committee thereof may compel the attendance of witnesses and require the production of books and papers. Any person who refuses to obey the subpoena of the council or an authorized committee thereof shall be guilty of a misdemeanor and shall be punishable by a fine of not more than fifty dollars, by imprisonment of not more than thirty days or by both. Investigations of official conduct. Section 17. Annual Audit. The council shall designate annually a certified public accountant or firm of certified public accountants to make an independent audit of the books and accounts of the city, whose report shall be a public record and be open to inspection in the office of the clerk of council during regular business hours. Annual audits. CHAPTER V. THE CITY MANAGER. Section 1. Appointment and Qualifications. The council shall appoint, and may remove, as provided in section 15 of Chapter IV of this act, a city manager, which appointment shall be made solely on the basis of his actual experience in or knowledge of accepted practice in respect of the duties of his office. Appointment, qualifications. Section 2. Acting City Manager. In case of the temporary absence or disability of the city manager or in the event of the office becoming vacant the council shall designate the head of one of the departments of the city to act as city manager until the city manager returns to duty or a successor is appointed and qualified. Acting City Manager.

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Section 3. Chief Executive Officer. The city manager shall be the chief executive officer of the city and shall be responsible to the council for the administration of all departments, offices, and agencies of the city government, except those the heads of which are appointed by the council, and shall have power to direct and control the operation of all the departments, offices and agencies under his jurisdiction. Neither the council nor any of its members shall direct or recommend the appointment of any person to or his removal from office by the city manager or by any of his subordinates, or give orders to subordinates of the city manager, either publicly or privately. City Manager. Duties, Powers. Section 4. Power of Appointment and Removal. The city manager shall appoint the heads of all departments and such other officers and employees of the city as this act or any ordinance enacted in accordance therewith may provide. He shall have power to remove any officer or employee appointed by him, except members of the classified service, who shall be removed in accordance with section 6 of Chapter VIII of this Act, provided that the officer or employee shall have been served with a written notice of the intention of the city manager to remove him, containing a clear statement of the grounds for such removal and of the time and place, not less than ten days after the service of such notice, at which he shall be given an opportunity to be heard thereon by the city manager. After such hearing, which shall be public at the option of the officer or employee, the action of the city manager shall be final. The city manager may suspend from duty for not more than thirty days any such officer or employee pending final action on his removal. Appointments. Removals. Section 5. Temporary Transfers of Personnel Between Departments. The city manager shall have power, whenever the interests of the city may require, to assign any employee of one department to the temporary performance of similar duties in another department. Temporary transfers of personnel. Section 6. Duties. It shall be the duty of the city manager: Particular duties. (1) To attend all meetings of the council, with the right to speak but not to vote;

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(2) To keep the council informed of the financial condition of the city and of all other matters pertaining to its proper administration, and to make recommendations concerning action to be taken by the council; (3) To prepare and submit to the council the annual budget estimates as provided in Chapter VI of this act; (4) To prepare and submit to the council not later than the first Monday in February in each year a concise and comprehensive report of the financial transactions and administrative activities of the city government during the fiscal year ending on the preceding thirty-first day of December in suitable form for publication; (5) To act as city purchasing agent until such time as the council may by ordinance establish the office of purchasing agent as a separate position; (6) To perform such other duties as may be prescribed by this act or required of him by the council. CHAPTER VI. BUDGET. Section 1. Fiscal year. The fiscal year of the City of Augusta shall begin on the first day of January and end on the last day of the succeeding December. Fiscal year. Section 2. Department Estimates. The head of each department of the city government and of every office or agency for the support of which the city makes appropriations shall, not later than the thirty-first day of October, file in the office of the city manager estimates of the cost of operating said department, office or agency, or in the case of agencies partially supported by the city the amount of the appropriation desired. These estimates and requests shall be submitted on forms furnished by the city manager and shall contain such information in such detail and with such supporting schedules as he may require. Department estimates. Section 3. Submission of the Budget. Not later than the fifteenth day of January in each year the city manager shall submit to the council at a special meeting called by him for the purpose: (1) a tentative annual or current expense budget, including debt service, for the fiscal year

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ending on the thirty-first day of December next, hereafter in this act referred to as the budget; (2) a budget message containing a summary of the contents of the budget and an explanatory statement concerning all major increases or decreases in recommended expenditures or estimated receipts as compared with the preceding year, which budget message shall be caused to be printed by the city manager for general distribution; (3) a tentative draft of an ordinance fixing the tax levy. Budget. Its submission. Section 4. Contents of the Budget. The budget shall contain: Its contents. (1) Estimates of expenditure as follows: (a) Debt service requirements, to wit, the sums necessary to pay the interest on all outstanding bonds, notes or certificates of indebtedness, and the principal of such obligations maturing during the fiscal year, together with the sums required to be paid into the sinking fund in respect of any issues of term bonds. (b) A sum equal to any deficit incurred in the preceding fiscal year through the failure of the actual cash receipts to equal the total expenditures for such year, including current obligations payable but not yet paid. (c) The cost of operating the several departments, offices and agencies of the city government. (d) Expenditures for any other purpose for which the city may legally appropriate money. (2) Estimates of receipts as follows: (a) Receipts from executions on real and personal property, estimated at no greater proportion of the total of such executions not more than seven years old outstanding at the beginning of the current fiscal year than the proportion of the actual cash receipts from executions in the preceding fiscal year to the total of executions not more than seven years old outstanding at the beginning of that fiscal year. (b) Receipts from special property assessments for street, sidewalk, sewer and other improvements, estimated at not more than thirty-three and one-third per cent of the total of unassigned valid assessments for the

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year in which the assessments are levied, and at not more than eighty per cent of the unassigned current maturing installments payable in each succeeding year respectively. (c) Receipts from all other sources except current taxes on property locally assessed but excluding all non-recurring receipts, estimated at no greater amount than the amount in dollars actually received from the same sources in the preceding fiscal year. (d) The whole or part of the unencumbered cash surplus, excluding all trust and other special fund cash, at the end of the preceding fiscal year. (e) The sum necessary to be raised by current taxes on property, excluding taxes based on assessments made through the office of the State Revenue Commissioner in order to balance the budget, assuming that the proportion of the tax levy which will be collected in the current fiscal year will be no greater than the proportion of the levy of the preceding year collected in that year. All estimates shall be in detail, showing receipts by sources and expenditures by organization units, activities, character and object. The budget shall be so arranged as to show comparative figures for receipts and expenditures for prior years. Section 5. The Budget a Public Record. The budget shall be a public record and a copy of it shall be open to public inspection in the office of the clerk of council during regular business hours. Sufficient copies shall be made for the use of the members of the council and representatives of the press. Budget, a public record. Section 6. Public Hearing. A public hearing shall be held by the Council one week after its submission and notice thereof shall be published within three days after its submission in the manner provided by this act for the publication of ordinance. The hearing on the budget shall be taken to be the hearing on the ordinance making the tax levy. Public hearing on. Section 7. Adoption of the Budget. Upon the completion of the public hearing but not later than the first Monday in March the council shall adopt the budget. In adopting the budget the council have power to correct any mistakes in computing the estimates of the city manager but shall not

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otherwise reduce the sums estimated to be necessary to provide for debt service requirements or to meet a deficit of the preceding year or increase the estimated receipts from any source except by increasing the sum necessary to be raised by current taxes. It may increase or decrease the estimated expenditures for the operation of the departments, offices and agencies of the city government and for the other lawful purposes for which the city may appropriate money referred to in item (d) of subsection (1) of section 4 of this chapter but if it increase the total of such expenditures it shall increase the sum to be raised by current taxes and if it decrease the total of such expenditures it may reduce such sum but in either case proportionately to the amount of such increase or decrease. If for any reason the council shall fail to adopt the budget by the first Monday in March the budget as submitted by the city manager shall be deemed to be the budget for the fiscal year. Its adoption. Section 8. Tax Levy Ordinance. Following the adoption of the budget, and not later than the first Monday in March, the council shall adopt the tax levy ordinance levying a tax in mills on the dollar of assessed valuation of all taxable property in the city sufficient, assuming the same ratio of collection as in the preceding year, as provided in section 4 of this chapter, with other receipts estimated as provided in that section, to balance the budget. Tax-levy ordinance. Section 9. Appropriations. The adoption of the budget shall have the effect of appropriating for expenditure during the fiscal year the sums set forth therein for debt service and for meeting a deficit of the preceding year, if any; the total of the sums set forth therein for (1) salaries and wages, (2) supplies and materials, (3) contractual services and (4) equipment and other capital outlays for each department, or major division thereof for which said sums are separately totalized, and for each independent office or agency of the city government; and the sums set forth therein for other agencies in whole or in part supported by city funds. Appropriations. Section 10. Work Program and Allotments. After the submission of the budget the head of each department, office or agency of the city government shall submit to the city manager in such form as he shall prescribe a work program

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which shall show their requested allotments of appropriations, based on the budget as submitted, for the entire fiscal year by quarterly periods. Upon the adoption of the budget the city manager shall determine the allotments to be made which shall not exceed the corresponding items of the budget as finally adopted, and shall file the same with the comptroller. An allotment may be revised at any time during the fiscal year by the city manager. If at any time during the fiscal year the city manager shall ascertain that the cash available for meeting budgeted expenditures is likely to be less than the total of the sums appropriated he shall at once revise the allotments so as to forestall a deficit. Work program. Allotments. Section 11. Transfer of Appropriations. The city manager may at any time authorize the transfer of any unencumbered balance or portion thereof from one classification of expenditure to another within the same department, office or agency. At the request of the city manager, but only within the last three months of the fiscal year, the council may be resolution transfer any unencumbered balance of any appropriation from one department to another, provided that no such transfer shall diminish the sums appropriated for debt service. Appropriations. Transfer. Section 12. Additional Appropriations. Appropriations in addition to those contained in the budget, except for the purpose of meeting a public emergency as hereinafter provided, shall be made only on the recommendation of the city manager and only if the comptroller certifies to the council, which certificate shall be spread upon the journal, that there is available an unencumbered and unappropriated cash surplus available for and sufficient to meet the proposed appropriation. In case of conflagration, flood or other disaster constituting a public emergency, the council may by an ordinance in which the nature of such disaster shall be set forth recommended by the city manager and passed by not less than five affirmative votes, appropriate such sums of money as may be necessary to meet such emergency, not exceeding the sum of two hundred and fifty thousand dollars, provided that said sum shall be included in the budget for the next fiscal year beginning more than three months after the adoption of such ordinance unless provision shall have been made for financing such expenditure

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by a bond issue in accordance with Section VII of Article VII of the constitution of the State of Georgia. Additional appropriations. Section 13. Enforcement of Appropriations and Allotments. No payment shall be made from or obligation incurred against any appropriation or allotment thereof unless the comptroller shall first certify that there is an unexpended and unencumbered balance in such appropriation or allotment to meet the same. Every expenditure or obligation authorized or incurred in violation of the provisions of this act shall be void. Every appropriation, allotment, or payment made in violation of this act shall be deemed illegal and every councilman or other officer or employee of the city who shall knowingly authorize or make or take part in authorizing or making such appropriation, allotment or payment, and every person who shall knowingly receive any such payment or any part thereof, shall be jointly and severally liable to the city for the full amount so paid or received, at the suit, in any court of competent jurisdiction, of the city or of any taxpayer thereof in the name of the city, and shall likewise be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than thirty days nor more than six months or by fine of not less than two hundred and fifty dollars nor more than five hundred dollars or by both. Appropriations and allotments. Enforcement. Violations. Section 14. Authorization to Spend Money Pending Adoption of the Budget. Expenditures pending the adoption of the budget are hereby authorized as follows: Expenditures pending budget adoption. (1) for debt service the actual debt service requirements for such period shall be deemed to be appropriated for expenditure therein; (2) for all other purposes one-twelfth of the appropriation for the preceding year shall be deemed to be appropriated for each month of such period, subject to the power of the city manager to allot a less sum for expenditure in each month of such period. CHAPTER VII. FINANCIAL ADMINISTRATION. Section 1. Comptroller. There shall be a comptroller who shall be appointed and removed by the city manager

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as provided in Section 4 of Chapter V of this act. It shall be the duty of the comptroller: Comptroller. His duties. (1) To set up and conduct a general accounting system for the city and each of the departments, offices and agencies thereof in conformity with the best recognized practice in municipal accounting, keep for the purposes of budgetary control a separate account for each item of appropriation as defined in Chapter VI of this Act and of the allotments thereof, encumber such items of appropriation and their respective allotments with the amount of each purchase order payroll or contract to be met from such appropriation and allotment immediately upon his approval of the same as hereinafter provided, and keep such accounts so as to show at all times for each of them the amount of the appropriation and the allotment thereof, the amounts of all payments made therefrom, the unexpended balance, all encumbrances thereof and the unencumbered balance of the appropriation and its allotments. (2) To prescribe the form of receipts, vouchers, bills and other financial forms to be used and of accounts to be kept by each department, office and agency of the city government, and the times at and the manner in which officers and employees of the city receiving money for the city shall report the same to the comptroller and deposit the same in a city bank account to be designated by him. (3) To inspect and audit the records of receipts and other financial transactions in each department, office and agency of the city government. (4) To examine all contracts, purchase orders, payrolls and other documents which involve financial obligations against the city and approve the same only after ascertaining that moneys have been legally appropriated and allotted for the purpose and that an unexpended and unencumbered balance is available in such appropriation and allotment to meet the same. (5) To submit to the city manager and council, not later than the tenth day of each month, or if the tenth is a Sunday or holiday, by the next business day, a statement

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showing the amount of each appropriation, transfers to and from the same, and the allotments thereof to the end of the preceding month; the payments made from and encumbrances charged to each appropriation and allotment during the preceding month; the total of such charges for the year to the end of the preceding month; and the unencumbered balance remaining in such appropriation and in the allotments thereof. (6) To submit at the same time as the above a statement showing the receipts estimated to be received from each source in the budget; the actual receipts from each source for the preceding month; the total receipts from each source for the year to the end of the preceding month; and the uncollected balance of the estimate. (7) To furnish to the head of each department, office and agency a copy of the portion of the above statements relating to his department, office or agency, and copies of the complete statements to each daily newspaper published in the city. (8) To assist the city manager in the compilation of the budget and prepare, prior to the twentieth day of January in each year, a report of the financial transactions of the city for the preceding fiscal year for inclusion in the annual report of the city manager. (9) To appoint and remove, subject to the provisions of Chapter VIII of this Act, a deputy comptroller and such other employees of his office as may be provided by ordinance. Section 2. Comptroller's Records to be Open to Public Inspection. All books kept in the comptroller's office except those in which receipts, payments and encumbrances are being currently entered and all files including those of purchase orders, payrolls, vouchers and contracts shall be open to public inspection at any time during regular business hours. The books in which receipts, payments and encumbrances are being currently entered, and the purchase orders, payrolls, vouchers and contracts from which entries are being made, shall be open to public inspection by representatives of any daily newspaper published in the city at any time and by other citizens or authorized representatives of citizen organizations subject to such regulations as

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the comptroller may establish, provided that in no event shall such opportunity of inspection be delayed for more than forty-eight hours from the time of first application. His books and records. Section 3. City Collector. There shall be a city collector appointed and removed by the city manager as provided in Section 4 of Chapter V of this Act. He shall be responsible for the collection of all taxes, license fees and special assessments on property for street, sidewalks, sewer and other purposes which may be imposed by the council, and, subject to the provisions of Chapter VIII of this Act, shall appoint and remove such other employees in his office as may be provided by ordinance. He shall be ex officio city sheriff and as such shall issue and levy all executions for sums due to the city in respect of taxes, license fees and special assessments, and in the enforcement thereof sell property and convey title to the same and put purchasers in possession. Before entering upon the duties of his office he shall give a surety bond in favor of the city council in a sum to be fixed by the council conditioned upon the faithful performance of his duties as collector and sheriff. His fees as sheriff and the method of the performance of his duties as such shall be prescribed by ordinance. He shall receive a salary to be fixed by ordinance in full compensation of all his services, and all fees received by him shall be paid over to the city. The position of city sheriff as a separate office is hereby abolished. City Collector. His duties. Surety bond. Section 4. Assessment of Property for Taxation. For the purpose of assessing property for taxation there shall be a city assessor appointed by the city manager as provided by Section 4 of Chapter V of this Act and, until the council shall otherwise provide by ordinance, a board of real estate assessors and a board of personalty assessors appointed annually by the council whose composition, powers, duties and compensation shall be as now or hereafter provided by ordinance. The city assessor shall, subject to the provisions of Chapter VIII of this Act, appoint and remove such other employees in his office as may be provided by ordinance. The council shall have power to prescribe the methods, procedures, forms, records and equipment to be used in the assessment of all real and personal property not assessed through the State Revenue

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Commissioner and in the preparation of the tax digest and tax bills. The council may by ordinance abolish the board of real estate assessors and the board of personalty assessors and provide for the fixing of all valuations by the city assessor subject to the action of a board of tax review to be established in such ordinance, and confer upon such board the powers now possessed by the city council of Augusta to adjust the amount of assessments. Tax assessments. City Assessor. Boards of Assessors. Section 5. Assumption of Responsibility for Assessment and Collection of Taxes by Richmond County. Whenever the qualified electors of Richmond County shall adopt a measure consolidating the assessment and collection of taxes for Richmond County and the City of Augusta, the offices of the city assessor, his deputies and assistants, and the boards of real estate and personalty assessors shall become vacant as of the effective date of such consolidation and thereafter the city shall not assess property for taxation and the city collector shall no longer be responsible for the collection of taxes. County taxes. Consolidation. Section 6. Determination of Amount of License Fees. In determining the amount of any license fee or tax imposed by the council upon any occupation, trade or business, the council shall have authority to require by ordinance each person, firm or corporation subject to such tax to file such returns as in the judgment of the council may be necessary to provide adequate information for such determination, and such ordinance may also require each such person, firm or corporation to open his books of account to examination of the city collector or his deputy and establish suitable penalties for refusal to file such returns or for obstructing the city collector or his deputy in the performance of their duties. License fees. Section 7. Purchasing. All supplies, materials, equipment, and contractual services required by any department, office or agency of the city shall be purchased or contracted for through the purchasing agent, who shall be the city manager until such time as the Council may by ordinance establish the office of purchasing agent as a separate position, in which event he shall be a member of the classified service appointed by the city manager. The purchasing agent shall: Purchasing Agent.

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(1) Establish, after consulation with the heads of departments, and enforce standard specifications for all supplies, material and equipment required by the city government. Duties and powers. (2) Prescribe the time of making requisitions for such supplies, material, and contractual services and the periods such requisitions are to cover. (3) Inspect or cause to be inspected all deliveries of such supplies, materials and equipment, and cause tests to be made of their quality, quantity and conformance to specifications. (4) Supervise and control such central storerooms as may be established by ordinance. (5) Transfer between departments, offices and agencies or sell supplies, materials and equipment determined after consultation with the head of the department, office or agency to be surplus, obsolete or unused. (6) Maintain or provide for maintaining an inventory of all supplies materials and movable equipment belonging to the city. (7) Purchase such surety bonds as may be required by law or ordinance of any city officer or employee, and such policies of insurance against liability, loss or damage on the part of the city as the council on the recommendation of the city manager may authorize. Surety bonds. Insurance. Section 8. Accounting Control of Purchase. All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition in the form prescribed by the comptroller, signed by the head of the department, office or agency whose appropriation is to be charged. Nothing herein, however, shall be taken to prevent the purchasing agent from making purchases from a stores revolving fund, if one be created by ordinance, nor from making sales from stores to the several departments, offices and agencies to be charged to their appropriations in the same manner as other purchases. Purchases. Procedure. Section 9. Competitive Bidding. Before making any purchase, excepting surety bonds and insurance, the purchasing agent shall give opportunity for competitive bidding

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under such rules and regulations not inconsistent with this Act as may be prescribed by ordinance. All single purchases of less than one thousand dollars shall whenever possible be based on at least three competitive bids and shall be awarded to the lowest responsible bidder. All single purchases or contracts involving an expenditure of one thousand dollars or more shall be made or let by the city manager upon the basis of sealed bids as provided in Section 10 of this Chapter for contracts for public work. The above provisions shall apply to sales of city property except that the sale shall be to the highest responsible bidder. Bids. Section 10. Contracts for Public Works and Improvements. Whenever any public work or improvement the cost of which is to exceed one thousand dollars is to be undertaken, plans and specifications therefor shall be prepared by the department of public works and when approved by the city manager, the purchasing agent shall advertise for bids. Such advertisement shall state the time within which bids shall be received at the office of the city manager; that the plans and specifications are on file in the office of the director of public works; the amount of the certified check to accompany each bid as security for the execution of a formal contract by the successful bidder; the amount of the bond to be required for the faithful performance of the contract; and the time and place at which bids shall be opened. The bids shall be opened and tabulated by the city manager at a regular or special meeting of the city council and the contract shall be awarded to the lowest responsible bidder; provided that upon the recommendation of the city manager the council may reject any or all bids, order the manager to readvertise for bids, or direct him to construct the proposed work or improvement by the direct employment of city labor and equipment. The names of the bidders, the amounts of their bids, and the action of the council thereon shall be entered in the journal. Public works and improvements. Plans, specifications, advertisement, bids, contracts. Section 11. Evasion Prohibited. No transaction which is essentially a unit shall be divided for the purpose of evading the intent of sections 9 and 10 of this Chapter. Evasions. Section 12. Records of Competitive Bidding. A record of all informal bids received on purchases or contracts for less than one thousand dollars showing the names of the

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bidders, the amount of their bids, and indicating in each case the successful bidder, and the originals of all sealed bids shall be kept in the office of the purchasing agent and shall be a public record open to inspection during regular business hours. Bids. Public record. Section 13. Sinking Fund. The council shall by ordinance establish a sinking fund commission to manage and control the city's sinking fund in accordance with Chapter 87-7 of the Code of Georgia. Sinking fund commission. Section 14. Reserve Fund. The existing Post War Reserve Fund of the city shall be deemed to be a reserve fund under the terms of the Act designated Reserve Funds of Counties and Municipalities, approved March 9, 1945, (Georgia Laws 1945, pages 393-394); provided that appropriations and transfers may be made to said fund in the same manner as appropriations, and transfers for other purposes; and provided that said fund shall be used only to replace old, obsolete and depleted equipment and property of the city, including automobiles, trucks of every nature, other rolling stock, machinery, tools, supplies necessary to the proper conduct of municipal affairs and to the proper maintenance of its public buildings and other properties, and to repair, improve, pave or repave the city streets; and provided that the council may invest all or part of said fund in bonds or securities of the United States Government or the State of Georgia, or any county or municipality, and may sell the same at public or private sale. Reserve fund. CHAPTER VIII. PERSONNEL. Section 1. Personnel Board. There shall be a personnel board consisting of three electors of the city, appointed by the city council for terms of six years. Of those first appointed one shall be appointed to serve for two years, one for four years, and one for six years from the first Monday in January 1948. Thereafter one member shall be appointed every two years for the full term of six years. Vacancies shall be filled by the council for the unexpired portion of the term. One member of the board shall be appointed from a list of three members of the classified

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service, nominated by the members of that service at a meeting to be held at the call of the city manager. The other two members of the board shall be known to be in sympathy with the merit system of appointment and promotion in the city service and shall neither hold nor be a candidate for any other public office and shall not be a member of any local, state or national committee of a political party, or an officer in any partisan club or organization. Board. Section 2. Organization. The personnel board shall elect one of its own number as chairman for a term of two years. It shall appoint, subject to the provisions of this chapter, an executive secretary who shall be a member of the classified service and need not at the time of his appointment be a resident of Augusta or the State of Georgia, and such other regular employees as may be provided by ordinance. Within the limits of its appropriation it may also employ in its discretion personnel and salary standardization experts and qualified persons to set, conduct, and grade examinations, who need not be residents of the City of Augusta. For the purpose of examining candidates for the position of executive secretary a special examining committee of three members shall be appointed by the board at least two of whom shall be persons experienced in personnel administration, which shall certify to the personnel board the three applicants, if there be that many, standing highest in such examination, who have satisfactorily passed the same, and the appointment shall be made from the names so certified. Its organization. Section 3. Powers and Duties. It shall be the duty of the personnel board: Its powers and duties. (1) To hold, with the assistance of its secretary and other persons designated by it, competitive examinations for all original appointments in the classified service and, whenever practicable, for promotion in such service, and it may restrict any examinations to persons reasonably qualified by education and experience to perform the duties of the position for which the examination is given. (2) To maintain eligible lists, based on such examinations, for each class of position in the classified service and, whenever a vacancy is to be filled, to certify to the

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appointing officer the names of the three persons standing highest on the applicable eligible list, unless after a duly advertised examination therefor there are fewer than three persons on such eligible list, in which case the personnel board shall certify the names of all persons on such list, and no appointment, except a temporary appointment as hereinafter provided, shall be made except from the names so certified; in the creation of any eligible list preference shall be given to honorably discharged veterans of any war as provided in paragraph XXIV of section VII of Article III of the Constitution of Georgia. (3) To authorize by resolution spread on its minutes temporary appointments to positions for which there is no eligible list, provided that no such temporary appointment shall be for a longer period than three months or subject to renewal. (4) To maintain a roster of all persons in the city's service, in which there shall be set forth as to each such person (a) the class title of the position held, (b) the salary or pay (c) any change in class title, pay or status and (d) such other data as may be deemed useful in producing significant facts pertaining to personnel administration. (5) To certify all pay rolls and no payment for personal service shall be made unless the pay roll vouchers bear the certificate of the personnel board or its authorized agent that the persons mentioned therein have been appointed and are employed in accordance with the provisions of this chapter. (6) To hear appeals from any order of the city manager or other officer of the city suspending, reducing, fining or removing, any member of the classified service as hereinafter provided and to report its findings and decision in writing to the city council, affirming, modifying, or rescinding such order. Section 4. Rules. The personnel board shall have power to make and amend, subject to approval of the city council, rules for the purpose of giving effect to the provisions of this chapter and which when consistent with such provisions shall have the force of law. Among other

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things they shall provide for the method of holding competitive examinations; the method of certifying eligibles for appointment; the establishment, maintenance, consolidation and cancellation of eligible lists; administration of the classification plan and the pay plan; methods of promotion and the application of service ratings thereto; probationary periods of employment; transfer of employees within the classification plan; hours of work; vacations, sick leaves and other leaves of absence; overtime pay; the order and manner in which layoffs shall be effected; reductions, fines, suspensions and removals, and appeals therefrom. Rules of Board. Section 5. Unclassified service. The service of the city is hereby divided into the unclassified and classified service. The unclassified service shall include members of the city council, officers appointed by the council, members of boards and commissions, persons temporarily employed in a professional or scientific capacity, employees of the University Hospital, the comptroller, the city collector, city assessor, and the heads of the departments of police, fire, public works, waterworks and canal, and recreation, provided that if the chief of police or the chief of the fire department at the time of his appointment to such position were a member of the classified service he may return at any time, unless removed for official misconduct or disqualified by age, infirmity or otherwise from continuing in the employ of the city, to the rank or grade in the classified service held by him at the time of appointment as chief. Unclassified service. Section 6. Classified Service. The classified service shall comprise all positions in the service of the city not specifically included in the unclassified service. All appointments to and promotions in the classified service shall be made according to merit and fitness ascertained so far as practicable by competitive examinations as provided in this chapter. No member of the classified service shall be suspended, reduced in rank, fined or removed except after notice in writing of the grounds of the proposed disciplinary action and an opportunity to be heard thereon by the personnel board at a hearing which may be public at his option and at which he may be represented by counsel, to be held not less than five nor more than ten days after the service of such notice, at a time and place to be specified therein. Classified service.

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Section 7. Classification Plan. The personnel board shall prepare and maintain an up-to-date record of the authority, duties and responsibilities of each position in the classified service, including an indication of the ordinary lines of promotion from one class to another, and shall from time to time make necessary changes therein, provided that any employee affected by any change in the classification plan shall, upon application to the personnel board, be given a reasonable opportunity to be heard thereon. The class titles set forth in the classification plan shall be used to designate such positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been established by the personnel board. Classification plan. Section 8. Pay Plan. It shall be the duty of the personnel board to prepare a pay plan consisting of a salary range for each class in the classification plan, which shall become effective when adopted by the council by ordinance. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of respective positions or classes, the minimum qualifications required, the prevailing rate paid for similar work outside the city service and any other factors having a bearing on the fairness or adequacy of the range. The pay scales in force at the effective date of this act shall remain in force until a pay plan has been prepared by the personnel board and adopted by the council. Changes in the pay plan once established shall be made from time to time by the council on the recommendation of the personnel board. Pay plan. Section 9. Promotions. Vacancies in higher positions in the classified service shall so far as practicable be filled by promotion from lower classes following competitive examinations. The personnel board, however, may direct, when in its opinion the good of the service requires, that the examinations for any such position shall be open to qualified persons outside the classified service. Vacancies. Promotions. Section 10. Present Employees to Retain Positions. At the effective date of this act, all permanent employees, as defined in an act approved December 31, 1937 (Georgia

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Laws 1937-8, pages 938-943) as amended, whose positions are included in the classified service as defined in this Act, unless such positions are abolished by some specific provision thereof, shall immediately become members of the classified service and shall retain such positions until promoted, transferred, reduced in rank or removed in accordance with the provisions of this Act. All other persons in the service of the city at the effective date of this Act, whose positions are not abolished thereby, shall retain such positions pending action by the council or appropriate officer of the city charged by this Act with the power of appointment and removal. Present permanent employees. Section 11. Veterans, Restoration to Service. Any person who shall have received an honorable discharge from the armed forces of the United States and who before his induction into the same was a permanent employee of the city or a regular fireman or policeman thereof shall on application to the personnel board be restored to his former position without loss of seniority or, if such position shall have been abolished during his absence, then to such office or position as he is best qualified to fill of like seniority, status and pay; provided, that he has not voluntarily extended his service in said armed forces beyond twelve months from the date of peace as officially declared by the United States Government, is physically and mentally qualified to perform the duties of said position or office as determined by said board, and makes such application within sixty days from the date of said discharge. Veterans restored to service. Section 12. Prohibited Practices. No person in the classified service or seeking admission thereto shall be appointed, promoted, reduced in rank, removed, or in any way favored or discriminated against because of his religious or political views or affiliations. No person shall wilfully or corruptly make any false statement, certificate, mark, rating or report in regard to any examination, certification, promotion, reduction in rank or appoointment held or made under the provisions of this chapter or in any way commit or attempt to commit any fraud preventing the impartial execution thereof or of the rules made in accordance therewith. No member of the classified service shall continue in his position after becoming a candidate for nomination or election to any public office. No person seeking appointment to

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or promotion in the classified service of the city shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with any examination, appointment, promotion or reduction in rank in which he is concerned. No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service. No person holding a position in the classified service of the city shall make any contribution to the campaign funds of any political party or any candidate for nomination or election to a public office or take part in the management, affairs or campaign of any political party or candidate further than in the exercise of his rights as a citizen to express his opinion privately and to cast his vote. Any person who by himself or with others wilfully or corruptly violates any of the provisions of this section shall upon conviction thereof be punished by a fine of not more than five hundred dollars or by imprisonment for a term of not exceeding six months or by both. Any person convicted under this section shall for a period of five years be ineligible for appointment to or employment in a position in the city service and shall, if he be an officer or employee of the city, immediately forfeit the office or position he holds. Prohibited practices. CHAPTER IX. PENSIONS. Section 1. Retirement Allowances for Present City Employees. All persons legally receiving at the effective date of this Act retirement pay or pensions in accordance with any law then in force shall continue to receive such retirement pay or pensions in accordance with the provisions of the respective laws under which they were retired. All persons in the service of the city at the effective date of this Act, then actually contributing to the firemen's pension fund, the policemen's pension fund or the city employees' pension fund shall continue to have the rights and duties in respect of pensions provided by the respective acts relating to such funds then in force; provided that any such

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employee separated from the service of the city by resignation, discharge or the abolition of his office, if re-employed by the city after the effective date of this act shall be considered a future employee as hereinafter defined. Retirement allowances. Present employees. Section 2. Retirement System for Future Employees. There are hereby repealed except as their provisions relate to the pensions of persons in the service of the city after the effective date of this Act: An Act approved February 23, 1945, 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 an Act approved August 17, 1925 (Georgia Laws 1925, pages 867-872, inclusive), designated as `Augusta Firemen's Pensions; Act of 1923 amended', as amended by an Act approved March 23, 1933 (Georgia Laws 1933, pages 866-868), designated as `Augusta Policemen's Pensions', as amended by an Act approved March 3, 1943 (Georgia Laws 1943, pages 1234-1256), designated as `Augusta Charter Amendments', and as amended by the various other amendatory Acts thereof, so as to strike and repeal from Section 4 of the Act approved August 17, 1925 (Georgia Laws 1925, pages 867-872), the following words: `or that may hereafter by employed by the Fire Department of the City of Augusta'; to require that three per cent (3%) of the salary, wage or remuneration of each fireman and policeman that is employed by the City of Augusta after the effective date of this Act be deducted from his pay and paid into the Firemen's and Policemen's Pension Funds; to require said City to pay into said Fund as part thereof, a sum equal to the amount deducted from said firemen's and policemen's salaries, wages and remunerations; to provide authority to The City Council of Augusta to increase or reduce from time to time such withholdings from firemen's and policemen's salaries, wages or remunerations that are employed after the effective date of this Act and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such firemen's and policemen's salaries, wages or remunerations; to specifically exclude from the provisions of Section 3 of this Act firemen and policemen of the City of Augusta regularly employed before the effective date of this Act; to provide for the Commissioner of Public Safety of the City of Augusta to be retired

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under the provisions of said charter as amended on one-half () of his salary, wage or remuneration and emoluments of his office; to repeal all laws in conflict herewith; and for other purposes' (Georgia Laws 1945, pages 782-786); and an Act approved February 28, 1945, 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) and the several amendatory acts thereof, as amended by an act as appears in Georgia Laws 1943, pages 1256 to 1258, inclusive, designated `Augusta Charter Amendments', and as amended by an Act appearing in Georgia Laws 1943, pages 1259 to 1263, inclusive, designated `Augusta Officers and EmployeesFurloughs'; to amend, ratify and confirm said charter and the amendments thereto approved December 31, 1937, designated as `Augusta Officers and Employees Tenure', appearing in Georgia Laws Extra-Session 1937-38, pages 938 to 943, inclusive, as amended by an Act approved February 19, 1941, appearing in Acts of General Assembly of Georgia, 1941 (Ga. Laws, 1941, pages 1071-1072), and designated `Augusta City Attorney'; so as to provide a permanent city employee pension fund for permanent employees of the City of Augusta; define permanent employees, totally and permanently disabled and other terms; require that three (3%) per cent of the salary, wage or remuneration of each employee of said City be deducted from his pay check and paid into said fund as part thereof; require said City, each three months, to pay into said fund as part thereof, a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority to the City Council of Augusta to increase or reduce from time to time such withholdings from such employees' salary, wage or remuneration and to increase or reduce from time to time the sum to be paid by said City Council of Augusta in matching said withholdings from such employees' salary, wage or remuneration; exclude from provisions of this act certain officers and employees of said City; require said City and certain employees and officials thereof to perform duties and obligations in connection with said fund; provide for payments to a permanent employee from said funds; a retirement pension when his total service amounts to twenty-five (25) years; a retirement pension

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upon his reaching 65; a retirement pension when after twenty years' service he is separated therefrom; a total permanent disability pension for total and permanent disability incurred while in discharge of his duties; a temporary disability pension; to provide for a refund of 50% of deductions from said salary, wage or remuneration in event of voluntary separation from service or separation from service by discharge, less deductions provided; to provide a refund upon separation from service by death of 100% of deductions from said salary, wage or remuneration, less deductions; to further provide all retirement pensions and total disability pensions shall increase in proportion to salary, wages or remunerations held; to declare the City Attorney a permanent employee of the City Council of Augusta; to further provide punishment under the Criminal Law for persons who violate the terms of this Act; and for other purposes; and to repeal the following acts amending the charter of the City of Augusta to wit: An Act appearing in Georgia laws of 1923, pages 443 to 445, inclusive, designated `Augusta City of; payment of retired Employees'; and an Act appearing in Georgia Laws of 1924, pages 450 and 451, amending said act of 1923, designated `Augusta, Pension of Retired Employees, additional increase of'; and an act appearing in Georgia Laws of 1933, pages 868 and 869, designated `Augusta; Retirement of Employees'; provided specifically, however, that the repeal of the above designated acts shall in no way affect the Augusta Firemen's pension fund or the Augusta Policemen's pension fund and the several laws and amendments relating to said funds or either of them; nor any way affect any pension from The City Council of Augusta now being paid or due or that becomes due before the effective date of this Act by reason of any existing ordinances or act; and to repeal all laws and parts of laws in conflict with this Act; and for other purposes. (Georgia Laws 1945, pages 813-829). Retirement for future employees. All persons entering the service of the city as regular employees, including employees of the police and fire departments and the hospital authority, whose age at the time of their employment does not exceed thirty-five years, and hereinafter referred to as future employees, shall contribute

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to and participate in the benefits of a pension fund to be known as the General Retirement Fund. Section 3. Privilege of Present Employees to Join General Retirement Fund. Any regular employee of the city who entered its service prior to the effective date of this Act, including employees of the police and fire departments and of the hospital authority, may, within one year after such effective date, elect to join the general retirement fund, and shall henceforth be regarded as future employees within the meaning of this chapter, by filing a notice of such election with the comptroller and paying into the general retirement fund such sum in respect of arrears of contributions, not to exceed 2% of his salary for each year of service subsequent to March 1, 1945, as may be fixed by the pension committee hereinafter established in accordance with such rules and regulations as the council may establish; provided that the accumulation of the employee's contributions in any other pension fund shall be transferred from such fund to the general retirement fund and that all sums paid by the city into the fund in respect of such employee, to which the employee formerly contributed, shall be transferred therefrom to the general retirement fund as a portion of the city's contribution. General retirement fund. Privilege of present employees. Section 4. Administration of General Retirement Fund. The general retirement fund shall be kept in a separate account and a separate permanent record shall be kept by the comptroller of such fund and of the contributions of each employee thereto. No warrant shall be drawn upon such fund except as provided in this chapter. The comptroller shall be the custodian of such fund and shall deposit the same in a bank or banks and shall invest any portion thereof not immediately needed for the payment of pensions in securities approved by law for the investment of trust funds. Withdrawals from the fund shall be made only by vouchers signed by the comptroller or deputy comptroller and countersigned by the city manager or acting city manager. There shall be maintained in the office of the comptroller a record of the age, length of service and contributions of each future employee. All applications for retirement or the return of contributions shall be made in writing on forms prescribed by the comptroller and filed in his office. In the case of an

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application for retirement for disability the city manager or hospital authority if the applicant is an employee of the authority, shall immediately designate a physician to examine the applicant and no such retirement shall be allowed unless the physician so appointed files with the city manager his affidavit that he has examined the applicant and found him totally and permanently incapable of pursuing any gainful occupation; provided that the applicant if aggrieved by the decision of the city's or authority's physician may designate a physician on his own part who together with the city's or authority's physician shall designate a third and the decision of the majority of said three physicians shall be final. All applications for retirement shall be reviewed by the pension committee consisting of the city manager, superintendent of the University Hospital, and executive secretary of the personnel board. The last named shall be the secretary of the committee and shall keep a careful record of all its proceedings. Upon certification by the secretary that a majority of the pension committee have determined that the applicant is entitled to retirement on a pension of a given amount the comptroller shall include his name on the pension list and shall draw monthly vouchers for the payment of his pension. The city council may adopt further reasonable rules and regulations for the purpose of carrying out the provisions of this chapter. Administration of such fund. Section 5. Contributions. There shall be deducted by the comptroller or by the hospital authority, as the case may be, from the salary, wages or remuneration due each such future employee at each pay period a sum equal to five per cent thereof which deductions shall be paid at once into the general retirement fund. The city and the hospital authority, respectively, shall contribute annually to the said fund sums sufficient on sound actuarial principles, with the contributions of their respective future employees, to provide future pensions for such future employees based on services rendered by them. The comptroller shall certify to the city manager and to the hospital authority the sums necessary to be appropriated each year upon the basis of the actuarial survey and valuation hereinafter provided. The sums so appropriated shall be paid into the general retirement fund at such times as the comptroller shall require. It shall be the duty of the city manager to cause to be made within six

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months after the effective date of this Act, and at intervals of not less then five years thereafter, an actuarial survey and valuation of each of the several pension systems of the city. Contributions. Section 6. Retirement. Any employee contributing to the general retirement fund shall be entitled to retire on a pension to be paid from said general retirement fund as follows and not otherwise: Retirement on pension. Rules. (1) On his own motion upon attaining the age of sixty years if a fireman or policeman or sixty-five years if employed in any other capacity, provided such employee has had at least twenty-five years of continuous service with the city or hospital authority. (2) Automatically upon attaining the age of sixty-five years if a policeman or fireman or seventy years if employed in any other capacity, provided such employee has had at least twenty-five years of continuous service with the city or hospital authority. (3) Upon becoming, irrespective of the duration of his employment, totally and permanently disabled from engaging in any gainful employment as the result of illness or injury incurred in the performance of duty. (4) Upon becoming, after ten years of service, totally and permanently disabled from engaging in any gainful employment as the result of illness or injury from any cause arising, provided that no employee shall be entitled to a pension on account of disability caused by his own wilful misconduct or intoxication. (5) The continuance of disability shall be determined at intervals of not more than one year by medical examination as provided in section 4 of this chapter. Section 7. Continuity of Service. Periods of absence of not more than ninety days in any one calendar year or absence in the armed forces of the United States in time of war shall not be considered as breaking continuity of service. Other absences of more than ninety days by reason of leave of absence granted by the city council or the hospital authority or by reason of disability established by the evidence of the attending physician and/or a physician appointed by the city manager or hospital authority shall not

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be considered as breaking continuity of service but shall not be counted in determining the amount of the pension. Service, continuity. Section 8. Amount of Retirement Allowance. After retirement in accordance with the provisions of this chapter a future employee shall receive during his lifetime a pension, payable monthly, at an annual rate amounting to one and two-thirds per cent of his average annual rate of pay for the last five years of his service, multiplied by the number of years of such service, provided that a pension for disability incurred in the performance of duty shall not be less than fifty per cent of such average annual rate of pay, and provided further that any amount or amounts received by way of a workmen's compensation award, excluding that portion of the award specifically covering medical, nursing and hospital expenses, shall be deducted from the amount of any pension arising out of such disability. Retirement allowance. Amount. Section 9. Alternative Form of Retirement Allowance. Any future employee may, subject to such rules and regulations as the city council may from time to time establish, elect to receive a reduced retirement allowance with the provision that such reduced retirement allowance, or such part thereof as may be specified by such person in his notice of election, shall be continued after his death to his spouse named in such election, for so long as his spouse lives. The reduced retirement allowance shall be in such amount as shall be determined by the pension committee to be the actuarial equivalent of the retirement allowance that would have been payable had not the election been made. Unless the member files a written notice of his election of this option with the comptroller at least three years before he becomes eligible for retirement he shall be required to pass a satisfactory physical examination at the time of making such election. Alternative form. Section 10. Withdrawal of Contributions. Any future employee leaving the employment of the city before becoming eligible for retirement may withdraw on request to the comptroller the total of all contributions made by him, without interest, provided if no such request is made within ten years such contribution shall revert to the fund. In case of the death of a future employee before retirement, or after retirement without having made the election provided in the preceding section, or in case of the death of the survivor of

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a member who has made such election and his spouse after his retirement, his contributions to the fund, without interest, less any retirement allowance paid to him or his spouse, shall be paid from the fund on the order of the pension commission to the beneficiary or beneficiaries, if any, named by such member. If no named beneficiaries survive the member, or the survivor of the member and his spouse, payment shall be made to the executors or administrators of such member or his spouse, as the case may be. Withdrawal of contributions. Section 11. Assignment Prohibited. Any assignment by a member or beneficiary of any allowance or benefit payable under the terms of this Chapter shall be null and void. Each such allowance and benefit shall be for the support of the member or beneficiary entitled thereto and shall be exempt from the claims of creditors of such member and beneficiary; provided, if the provisions of this section are contrary to the laws governing a particular set of circumstances, as to that set of circumstances, any allowance or benefit payable hereunder shall be exempt to the maximum extent permitted by law. Assignment prohibited. Section 12. Effect of Extension of the Federal Social Security Act. If and when the terms of the Federal Social Security Act are extended to include municipal employees the city council shall have power to reduce pro tanto the contributions of future employees and the amounts of the pensions to which they may become entitled hereunder, provided that no reduction shall be made in the amount of the pension paid to any such future employee already retired at the date the said Social Security Act is so extended. Federal Social Security Act. Effect. CHAPTER X. POLICE. Section 1. Department of Police. There shall be a department of police which shall consist of the chief of police and such other officers and employees of such ranks and grades as may be prescribed by ordinance. The department shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, and enforcement of the laws of the State, the ordinances of the city and all rules

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and regulations made in accordance therewith. In the performance of these duties all police officers shall have power to make arrests of any persons violating the ordinances of the city, with or without summons or warrant, and the power to make arrests for violation of the laws of the State of Georgia conferred on officers by chapter 27-2 of the Code of Georgia. They shall perform such other duties as may be imposed by the laws of the State and ordinances of the council, and the rules and regulations of the department. Department created. Duties and powers. Section 2. Chief of Police. The chief of police shall have complete control, management and jurisdiction of the department of police. Subject to the provisions of Chapter VIII of this Act he shall appoint and remove all other officers and employees of the department. He shall assign all members of the department to their respective posts, shifts, details and duties. He shall make rules and regulations, subject to the approval of the city manager, in conformity with the ordinances of the city, concerning the operation of the department and the conduct of all officers and employees thereof. He shall be responsible for the efficiency, discipline and good conduct of the department and for the care and custody of all property used by the department. Disobedience to the lawful orders of the chief or to the rules and regulations aforesaid shall be ground for dismissal or for other appropriate disciplinary action taken in accordance with the provisions of Chapter VIII of this Act. Chief of Police. CHAPTER XI. FIRE. Section 1. Fire Department. There shall be a department of fire which shall be responsible for the protection from fire of life and property within the city and, except as otherwise provided in this Act, for the enforcement of all laws, ordinances and regulations relating to fire prevention and fire safety. The department shall consist of a chief engineer, assistant chief engineer, and such other officers and employees of such ranks and grades as may be prescribed by ordinance. Department created. Section 2. Chief Engineer. The chief engineer shall have complete control, management and jurisdiction of the

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department of fire. Subject to the provisions of Chapter VIII of this Act he shall appoint and remove all other officers and employees of the department. He shall assign all members of the department to their respective posts, shifts, details and duties. He shall make rules and regulations, with the approval of the city manager, in conformity with the ordinances of the city, concerning the operation of the department and the conduct of all officers and employees thereof. He shall be responsible for the efficiency, discipline and good conduct of the department and for the care and custody of all property used by the department. Disobedience to the lawful orders of the chief engineer or to the rules and regulations aforesaid shall be ground for dismissal or for other appropriate disciplinary action taken in accordance with the provisions of Chapter VIII of this Act. The chief engineer shall have further powers to make regulations with the force of law, with the approval of the city manager, implementing and giving effect to the laws and ordinances relating to fire prevention and fire safety. Chief Engineer. Section 3. Two-platoon system. The hours of labor of the members of the fire department, who receive regular salaries and devote their entire time to the department, shall be regulated as follows. Two-Platoon System. The department shall be organized under the Two-Platoon System by which the number of men in the department shall be divided into two shifts of an equal number of men each and to be known as the first and second shifts. Each shift shall work twenty-four hours and rest twenty-four hours. Each shift shall commence work at eight o'clock A.M. and end at eight o'clock A.M. the next day. The officers of the fire department shall change shifts on the first and fifteenth day of each month; the purpose of this section being that the officers in the first shift in one month shall serve in the second shift the next month. The chief or other person in charge or command of the fire department, in the event of great threatening or unusual conflagration or other emergency, shall have the power and authority to summon all the men on both shifts until the emergency has passed.

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CHAPTER XII. DEPARTMENT OF INSPECTIONS. Section 1. Department of Inspections. There shall be a department of inspections the jurisdiction of which shall extend to building, plumbing, weights and measures inspection, the maintenance and operation of the fire alarm and police telegraph systems, the maintenance of the white way lighting system, the general supervision of street lighting, the maintenance of electrical work in city buildings and structures, and such other duties as may be assigned to the department by ordinance. Department created. Section 2. Head of the Department. The head of the department of inspections shall be known as chief inspector, and this office shall be combined with that of city manager until such time as the council shall by ordinance establish the position of chief inspector as a separate position. The city manager shall appoint and remove, subject to the provisions of Chapter VIII of this Act, the following officers and employees all of whom shall be members of the classified service: an electrical inspector and superintendent of the fire alarm and police telegraph system; an inspector of weights and measures; and such inspector or inspectors of building and plumbing and such other employees of the department as may be provided by ordinance. They shall perform such duties as may be prescribed by law or ordinance or required of them by the city manager. Head of Department. Section 3. Fees. The fees to be charged for permits issued by this department shall be fixed by the council on such a basis as to make the department as nearly as possible self-sustaining. All such fees shall be paid to the city collector and no permit issued by any officer or employee of the department of inspections shall be valid unless it shows on its face the amount of the fee charged and bears the stamp of the city collector showing that such fee has been paid. Fees. CHAPTER XIII. PUBLIC WORKS. Section 1. Department of Public Works. There shall be a department of public works which shall consist of the

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divisions of engineering, streets and drains, and stockade. The head of the department shall be the city engineer who shall also be ex officio head of the division of engineering. He shall be a civil engineer licensed to practice his profession in the State of Georgia and shall have had at least five years' experience in the administration of public works. The city engineer shall be responsible for the efficiency, discipline and conduct of the department and, subject to the provisions of Chapter VIII of this Act, shall appoint and remove the superintendent of streets and drains and the superintendent of the stockade, and all other employees of the department. Department created. Section 2. Division of Engineering. The division of engineering shall design, prepare plans and specifications for, and supervise the construction of all buildings, structures, works and improvements undertaken by the city or any department thereof; provided, that the council, upon the recommendation of the city manager, may employ when necessary consulting engineers and architects. The division of engineering shall also make all surveys, maps, plans and drawings required in the work of any department, office or agency of the city. It shall have custody of all official maps and records, and shall keep and maintain the same, relating to the streets, alleys, bridges, parks, cemeteries, and other public properties of the city, or showing the location of sewers, gas mains, water mains, conduits, poles, and wires used by the city or others in supplying the city with utilities or services. Division of Engineering. Section 3. Division of Streets and Drains. The head of the division of streets and drains shall be the superintendent of streets and drains. He shall be a civil engineer licensed to practice his profession in the State of Georgia and shall have had at least five years' experience in highway construction and maintenance or in other public works. He shall be in direct charge of all street cleaning and maintenance, drain and sewer maintenance, sewage disposal, the collection and disposal of garbage and other refuse, and the maintenance of the levees. Division of Streets and Drains. Section 4. Division of Stockade. The head of this division shall be the superintendent of the stockade. He shall be responsible for the maintenance of the city stockade and

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the custody, care and feeding of the prisoners therein, and for the operation of the city's farm. He shall be responsible for the maintenance of good order among the prisoners, for the discipline of the other employees under his direction, and for the enforcement of all rules and regulations for the government of prisoners and their visitors. He shall receive a salary as fixed by ordinance, in full compensation for his services, and he shall not engage in any personal farming or other operations on city property. Division of Stockade. Section 5. Special Assessments. The council may by ordinance provide for grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or public alleys of the city; for paving or otherwise improving the sidewalks, including necessary curbing for the same, for renewing or repairing the pavement on such streets, alleys or sidewalks; and for constructing or laying down drains and sewers along such streets or alleys and through and over private property; and it may in such ordinance assess the cost of such improvements on the real estate benefited thereby, as provided in section 6 of this chapter, and by ordinance revise such assessments. Each assessment on property hereunder shall be a lien on such property from the effective date of the ordinance providing for the work and making the assessment. Said lien may be enforced by execution and sale thereunder, as provided by ordinance. The defendant shall be entitled to dispute the legality and amount of the assessment by filing with the city collector and ex officio sheriff an affidavit of illegality accompanied by a tender of the amount of the assessment which he admits to be correct. Thereupon the said city collector shall suspend all further proceedings on such execution and return the same to the next term of the Superior Court of Richmond County, and the true amount of such assessment shall be determined in the said court at the first term thereof, as in other cases of illegality. Special assessments. Section 6. Assessments for Street Paving. From the cost of grading, paving, macadamizing or otherwise improving for travel or drainage a street or alley or portion thereof, or renewing or repairing any such pavement, shall be first deducted the portion of said cost required to improve the part of said street or alley lying between any railroad

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track or tracks and three feet on each side of every line of such tracks, which portion of said cost shall be assessed upon said tracks; of the remaining cost, two-thirds shall be assessed against abutting property, one-third to be prorated on the real estate abutting on each side of the street or alley so improved according to its frontage on such street or alley. In addition to bearing one-third of said remaining cost, the city, as owner of the streets and public alleys intersecting the street or alley so improved, shall bear its pro rata share of the assessable cost of the improvement according to the abutting frontage of such intersecting streets and alleys. The existence of a contract preventing the enforcement of this Act against any owner of railroad tracks shall not hinder or prevent its enforcement against any other such owner. Other assessments. Street paving. Section 7. Assessments for Sidewalk and Curbing. The total cost of paving and otherwise improving sidewalks and installing curbing and renewing or repairing the same shall be assessed against real estate abutting on the side of the street on which such sidewalks and curbing are installed or improved, according to its frontage thereon. Sidewalks and curbing. Section 8. Assessments for Drains and Sewers. No drain or sewer shall be constructed or laid down by the city except upon the recommendation of the Richmond County Department of Health, and said Department shall direct and supervise the construction of the same by the city. Whenever any drain or sewer is constructed or laid down, fifty cents per lineal foot shall be assessed upon the real estate abutting on each side of said drain or sewer or, if the drain or sewer be in a street or public alley, then upon the real estate abutting on each side of said street or alley; provided, that after any parcel or tract of real estate fronting on two different streets or public alleys has been assessed by the city for a sewer or drain along one of such frontages, one hundred lineal feet of the other frontage shall be exempt from assessment for any drain or sewer. In consideration of such assessment the owner of real estate so assessed and his successors in right, title or interest shall have the right to connect drains from said abutting property for the purpose of discharging sewage into the said drain or sewer

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upon such terms and conditions as the Richmond County Department of Health and the council may prescribe. Drains and sewers. Section 9. House Numbering. The council may establish by ordinance a method for the proper street numbering of all houses in the city, require all unnumbered houses to be numbered in accordance therewith, and require all erroneous numbers to be removed and replaced by correct numbers; all such numbering or renumbering shall be done by the owner of the houses so numbered or renumbered or by the city engineer at the expense of such owner, and if done by the council the cost may be collected by execution as taxes are collected. Records relating to the numbering of houses shall be maintained in the office of the city engineer who shall be responsible for the execution of the street numbering ordinance. House numbering. CHAPTER XIV WATER WORKS AND CANAL Section 1. Department of Water Works and Canal. There shall be a department of water works and canal which, subject to the provisions of this Act and ordinances of the council, shall be responsible for the maintenance and operation of the water works and canal and the collection of water rents and other charges in connection therewith. The head of such department shall be a civil engineer licensed to practice his profession in the State of Georgia with at least five years' experience in water works management. He shall appoint and remove, subject to the provisions of Chapter VIII of this act, such other employees of the department of water works and canal as may be provided by ordinance, including those employed in billing and collecting charges for the use of water from the water works system and the canal. It shall be his duty to enforce all rules and regulations established by the council relating to the use of water and the collection of charges therefor. Department created. Section 2. Water Works. The council may construct, own, maintain and operate, for the benefit and advantage of the city and its inhabitants, water works and water appliances, to be located within or without the city limits, and may purchase and hold all lands necessary for the location

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of its basins, its pumping stations, reservoirs, rights of way for its water mains, and such other property, real or personal, as may be necessary or useful in the establishment and maintenance thereof. It may lay water mains and supply pipes over, under or across any property, public or private, and along, under or across any of the public roads in Richmond county or in any municipality therein, and under the right of way of any and all railroads; provided, that in so doing it shall comply with such reasonable regulations as may be prescribed by the authorities of said county or municipality and shall hold said authorities harmless against the claim or claims of any person for damages incurred by reason of the laying of said mains and pipes in said streets and roads. It shall have police authority upon and around any and all property occupied by its basins, reservoirs, and pumping stations, and any person or persons maliciously injuring or interfering with said reservoirs, basins, pumping stations or water mains shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 27-2506 of the Code of Georgia. Water Works. Section 3. Sale of Water. The council shall have full power to contract with any and all persons, within and without the limits of the city, including any incorporated municipality, for the use of water from its water mains, and for this purpose may make rules and regulations which it may deem necessary in connection with the tapping of its mains and the use of the water, and for the charges to be made for such tapping and the price of all water used. All charges for the use of water shall be solely against the person, firm or corporation contracting for the use thereof, except that the council may provide by ordinance penalties for the use of water in the absence of a contract for the use thereof. The council shall not enforce the collection of charges for water by execution except after suit and judgment against the user thereof, nor require a deposit before the use of water unless the charge therefor is expected to exceed $1.25 monthly. In addition to the accounts kept by the comptroller as provided in section 1 of Chapter VII, the comptroller shall also keep accounts of the revenues and expenditures of the water works and canal on an accrual basis. As to the water works such accounts shall be itemized in accordance

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with the standard classification for water works accounts of the American Waterworks Association. Water, sale. Section 4. Canal. The council may construct, own, alter, improve, maintain and operate for the benefit and advantage of the city and its inhabitants a canal or canals and appurtenances thereof, including dams, within and without the city limits, and in so doing shall have the right to enter upon private property and take the same in accordance with Title 36 of the Code of Georgia. It shall exercise police jurisdiction over the whole extent of said canals outside the limits of the city and one hundred feet on either side thereof. It shall have power to use the water of said canals for the purpose of operating a water works pumping station and for the production of electric energy and to make contracts with persons, firms and corporations permitting them to draw water from said canals for manufacturing and other purposes. It may by ordinance prescribe the rates to be charged for such water and for electric energy produced by the city, the conditions under which such water and energy may be used, the method of collecting such charges, and the enforcement thereof by execution or otherwise. Canal. Section 5. Valuation. It shall be the duty of the council to cause to be made as soon as practicable after the effective date of this act a valuation of the water works and of the canal on the basis of reconstruction cost less depreciation. Such valuation shall be made by the city engineer with the advice of such consulting engineers as the council may provide. After the completion of such valuation it shall be the duty of the superintendent of water works and canal, in cooperation with the city engineer, to make a report to the city manager at the close of each fiscal year showing the amount added to such valuation of each of said enterprises on account of the cost of all repairs, reconstruction, extensions and improvements during the year and the amount of depreciation for such year at the same rates employed in such valuation, as well as the effect of such additions and depreciation upon the total valuation of each of said enterprises. Valuation, Water Works and Canal. Section 6. Annual Profit and Loss Statement. It shall also be the duty of the comptroller to transmit to the city manager and council annually a profit and loss statement for

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the water works and canal as separate enterprises, as of the close of such fiscal year. Such profit and loss statement shall assume the valuation of each of the two enterprises to be as reported in accordance with the preceding section and shall include on the debit side thereof: (1) operating expenses, (2) reconstructions, extensions and improvements made from current income, (3) principal of indebtedness paid, (4) interest paid, and (5) depreciation reported as provided in the preceding section less items 2 and 3 above; and on the credit side (1) revenues from sales, (2) miscellaneous revenue, (3) in the case of the water works, the fair value of hydrant rental and of water furnished free to city departments, other public authorities and private institutions, and (4) in the case of the canal, the fair value of power supplied from the canal to the water works, as well as the net profit, which shall be derived by subtracting the debits from the credits, and the rate of return, which shall be derived by dividing the net profit by the valuation as reported in the preceding section. Profit and loss statement. CHAPTER XV. DEPARTMENT OF RECREATION. Section 1. Organization. There shall be a department of recreation which shall consist of the director of recreation and such other officers and employees organized into such divisions and bureaus as may be prescribed by ordinance. Organization. Section 2. Director, Qualifications and Duties. The director of recreation shall be the head of the department of recreation. He shall be a man trained and experienced in the conduct of community recreational activities. Subject to the provisions of Chapter VIII of this act he shall appoint and remove all officers and employees of the department. He shall be responsible for the efficiency, discipline, and good conduct of the department and for the care and custody of all property of the city used by the department. He shall have immediate supervision and management of all public grounds, parks, parkways, boulevards, driveways, playfields, playgrounds, golf courses, stadia and auditoria of the city, both within and without its corporate boundaries, all

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buildings and other structures, recreational facilities, museums, zoological and other gardens, collections, observatories, monuments, statues, fountains, rest rooms, restaurants and refreshment stands situated on lands under his jurisdiction; all concerts, entertainments and recreational activities carried on in the same; and the setting out, care and removal of street trees, vines and shrubs; provided that on the recommendation of the city manager the council may transfer the construction, reconstruction, and maintenance of parks, parkways, boulevards, driveways, and the care and removal of street trees, shrubs and vines, from the department of recreation to the department of public works. Director. Section 3. Rules and Regulations. On recommendation of the director of recreation, the council shall have power by ordinance to adopt all needful rules and regulations relating to the use of public grounds, parks, parkways, boulevards, driveways, playfields, playgrounds, golf courses, auditoria and stadia, whether within or without the corporate boundaries of the city, and for the preservation of order, safety and decency therein. For the purpose of enforcing such rules and regulations all such public grounds, parks, parkways, boulevards, driveways, playfields, playgrounds, golf courses, auditoria and stadia shall be under the police jurisdiction of the city. Any member of the police force of the city, or park employee appointed as a special policeman, shall have power to arrest without warrant in any such public grounds, parks, parkways, boulevards, driveways, playfields, playgrounds, golf courses, auditoria or stadia, any person who has violated any such rule or regulation or committed any offense therein, and the recorder's court of the city shall have jurisdiction in all such cases. Rules and regulations. CHAPTER XVI. RECORDER'S COURT. Section 1. Recorder's Court. There shall be a Recorder's Court in the city to be held daily by a recorder or, in case of his absence or disability, by a recorder pro tem. The recorder and recorder pro tem. shall be appointed by the council and may at any time be removed as provided in Section 15 of Chapter IV of this act. The clerk of the Recorder's

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Court and such other employees thereof as the council may by ordinance provide shall be appointed by the recorder subject to the provisions of Chapter VIII of this act. The recorder shall receive a salary, and the recorder pro tem. shall receive a per diem compensation for each day on which he actually holds court; the amount of such salary and per diem compensation shall be fixed by the council in lieu of all fees, costs and fines. Recorder. Officers. Compensation. Section 2. Recorder's Powers and Duties. The recorder shall have exclusive jurisdiction of all violations of city ordinances, bylaws, rules and regulations, with power to try and determine the same, to enforce judgments by attachment of the person or execution, to punish witnesses for non-attendance, and to punish other contempts as courts of record do, but the penalty for contempt shall not exceed ten dollars or ten days' imprisonment, either or both. He shall also have the powers conferred upon recorders with respect to criminal cases and the trial and abatement of nuisances in sections 27-423, 69-705, 72-401, and 72-402 of the Code of Georgia. He shall have exclusive power to modify the terms of any sentence imposed by him. The recorder pro tem. when holding court shall have all the powers of the recorder pursuant to this and the following sections. Recorder's powers, duties. Section 3. Clerk's Powers and Duties. The clerk of the Recorder's Court shall keep a regular docket and book of minutes, in the latter of which each day's proceedings shall be signed by the recorder. Said clerk shall collect all fines, fees and costs and keep such accounts of the same and pay them over to the city at such times and in such manner as the comptroller shall prescribe. Said clerk shall sign and issue all process, summons, attachments and executions, which shall bear teste in the name of the recorder. All mesne and final process shall be directed, in the alternative, to the police officers of the city. Clerk's powers, duties. CHAPTER XVII. MISCELLANEOUS. Section 1. City Attorney. There shall be a city attorney to be chosen by the council on the first Monday in January, 1948, and biennially thereafter, for a term of two years. He

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shall be a registered elector of the city and an attorney with at least five years of actual practice in the courts of this state. He shall be the legal adviser of the council and the city manager, and of all departments, officers, boards, commissions and agencies of the city government, including the hospital authority and the Richmond County department of health, and upon request by any of them shall furnish a writen opinion on any question of law involving its powers and duties. He shall appear for and protect the rights of the city in all actions, suits, or proceedings brought by or against it or any of its departments, officers, boards, commissions or agencies. He shall have power, with the approval of the city manager, to appeal from orders, opinions or judgments in such cases, and with the approval of the council to compromise and settle any claims by or against the city. He shall prepare or approve all contracts and other instruments to which the city is a party or in which it has an interest. He shall attend all meetings of the council. He shall have power, within the limits of the appropriation therefor, to employ counsel to aid him in special matters and, subject to the provisions of Chapter VIII of this Act, to appoint and remove such other employees of his office as may be provided by ordinance. He shall receive a salary to be fixed by ordinance in full compensation of all services rendered by him to the city, including the hospital authority and the Richmond County department of health, and shall be allowed his necessary expenses in representing the city outside of Augusta. City Attorney. Section 2. Hospital Authority. There shall continue to be a hospital authority as established by ordinance in accordance with an Act of the General Assembly of Georgia, approved March 27, 1941, known as the Hospital Authorities Law (Georgia Laws 1941, pages 241-250 and all Acts amendatory thereof and supplemental thereto, with which the council shall contract for the administration of the city hospital, known as the University Hospital. Such authority shall be constituted as may be provided by ordinance and shall have all the powers and duties provided in said act. Hospital Authority. Section 3. Cemeteries. There shall be a superintendent of cemeteries who shall be responsible for the maintenance and administration of all cemeteries owned by the city. He shall be appointed and removed by the city manager

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as provided in Section 4 of Chapter V of this Act. It shall be the duty of the superintendent of cemeteries to keep adequate records of the location of all graves and lots and of the names of the owners thereof and of the persons buried therein; to carry on the sale of lots, the making and execution of perpetual care contracts, opening of graves, constructing of vaults and other services, in accordance with the rules and regulations therefor established by the council; and to appoint and remove, subject to the provisions of Chapter VIII of this Act, such other cemetery employees as may be provided by ordinance, to assign them their duties, and direct and control their activities. Cemeteries. Superintendent. There shall continue to be a Commission for the Management of Funds for Perpetual Care of Graves in the City Cemeteries as now or hereafter established by ordinance, whose members shall serve as such without compensation. It shall be the duty of the commission to administer the funds already accumulated and such sums as may be received from the sale of perpetual care contracts as a trust fund for the perpetual care of the graves covered by perpetual care contracts. Cash in such fund shall be deposited in a separate bank account under the control of the comptroller. Disbursements therefrom for the purpose of investment in securities approved by law for the investment of trust funds shall be made when ordered by the commission. Other disbursements shall be made to the general fund on vouchers signed by the superintendent of cemeteries stating the amount and character of the work done. Commission for funds. Section 4. Farmers' Market. The city council shall have power to provide for the operation of a farmers' market as the same now is or hereafter may be established by ordinance. Farmers' Market. Section 5. Airports, Port Facilities and other Enterprises. The council, subject to the provisions of this Act, shall have power to provide by ordinance for the improvement, development and administration of all airports owned or leased by the city, of port facilities on the Savannah River, or of any project for supplying any utility or service to the inhabitants of the city or the adjacent area which may hereafter be undertaken by the city, including the power to contract with any corporation or authority organized under

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the laws of the United States or of the State of Georgia for the operation or joint use of any airport, port facility, utility or service enterprise owned by the city. Airports, Port Facilities, etc. Section 6. Short Title. This Act may be cited as Augusta City Charter. Short title of Act. Section B. The Acts and portions of Acts described in the immediately following paragraphs numbered (1) through (193) shall be and the same are hereby repealed: Acts and parts of Acts repealed. (1) Section 3 of the Act assented to December 4, 1799, entitled An Act to extend and enlarge the jurisdiction of the Mayor and Aldermen of the city of Savannah; and to limit and define certain powers heretofore vested in the corporation of the city of Augusta (Georgia Laws 1799, vol. II, pages 9-10); (2) the Act assented to December 10, 1805, entitled An Act to amend and explain an act, entitled `An Act to revise and amend an Act, supplementary to an Act for regulating the town of Augusta;' and to amend an act, entitled `An Act for regulating the town of Savannah, and hamlets thereof, and for other purposes' (Clayton's Comp., pages 141-142), so far as the same relates to the city government of Augusta; (3) the Act assented to December 1, 1809, entitled An Act to amend an act, entitled `an act to incorporate Augusta, and improve the public roads in the neighborhood thereof' (Clayton's Comp., pages 518-519); (4) the Act assented to November 23, 1814, entitled An Act to prevent encroachments on the streets and highways in the city of Augusta, and to remove such as now exist (Georgia Laws 1814, pages 36-38); (5) the Act assented to December 12, 1816, entitled An Act to repeal an act, entitled an act, respecting Vendue Masters, so far as the same restricts and limits the number of Vendue Masters for the city of Augusta (Georgia Laws 1816, pages 73-74); (6) the Act assented to December 19, 1817, entitled An Act to establish a Mayor's court in the City of Augusta and to add an additional member to the City Council thereof (Georgia Laws 1817, pages 70-71);

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(7) The Act assented to December 19, 1817, entitled An Act for the relief of certain Lot-holders in the City of Augusta (Georgia Laws 1817, pages 79-80); (8) the Act assented to December 17, 1818, entitled An Act to extend the jurisdiction and powers of the Mayor and City Council of Augusta (Georgia Laws 1818, pages 97-99); (9) the Act assented to December 17, 1818, entitled An Act to amend an act, entitled `An act to establish a Mayor's Court in the City of Augusta, and to add an additional member to the city council thereof,' passed the 19th day of December, 1817 (Georgia Laws 1818, pages 114-122); (10) the Act assented to December 13, 1820, entitled An Act to vest the government and regulation of the courthouse and jail of Richmond county in the Mayor and City Council of the city of Augusta, and appointing them sole commissioners of the courthouse and jail of said county (Georgia Laws 1820, pages 45-46); (11) the Act assented to December 21, 1820, entitled An Act to alter and amend an act entitled an act to incorporate Augusta, and improve the public roads thereof, and to limit the powers of the Council of said City (Georgia Laws 1820, pages 50-51); (12) the Act assented to December 9, 1822, entitled An Act to amend the several acts establishing a Mayor's Court in the city of Augusta, and also the several laws incorporating said city (Georgia Laws 1822, pages 35-36); (13) the Act assented to December 8, 1823, entitled An Act to repeal the proviso of the first section of an act passed the ninth day of December, eighteen hundred and twenty-two, entitled an act to amend the several acts establishing a Mayor's court in the city of Augusta, and also the several laws incorporating said city, and to restore certain parts of former laws upon the subject (Georgia Laws 1823, page 49); (14) the Act assented to December 19, 1823, entitled An Act for the relief of that portion of the inhabitants of Richmond county, who reside or own property within

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three miles of the city of Augusta, and without the corporate limits of said city (Georgia Laws 1823, pages 135-136); (15) the Act assented to December 20, 1824, entitled An Act to amend an act entitled an act to amend the several acts establishing a mayor's court in the city of Augusta, and also the several laws incorporating said city (Georgia Laws 1824, page 139); (16) the Act assented to June 11, 1825, entitled An Act to authorize the City Council of Augusta to negotiate a loan (Georgia Laws 1825, Extra Sess., pages 16-17); (17) the Act assented to December 24, 1825, entitled An Act to authorize the establishment of a new market-house in the city of Augusta (Georgia Laws 1825, pages 182-183); (18) the Act assented to December 20, 1826, entitled An Act to amend an act appointing Vendue Masters for the City of Augusta passed the twenty first of December, eighteen hundred and nineteen (Georgia Laws 1826, page 477); (19) the Act assented to December 21, 1826, entitled An Act for the better organization of the Mayor's Court of the City of Augusta, and for changing the name of the same (Georgia Laws 1826, page 69; (20) the Act assented to December 24, 1827, entitled An Act to authorize the City Council of Augusta to appoint vendue masters for said cityto prescribe their dutiesto regulate the form and amount of their bondsand for other purposes (Georgia Laws 1827, page 190); (21) the Act assented to December 19, 1828, entitled An Act to regulate the jurisdiction of the Court of Common Pleas for the city of Augusta, the fees of the Attorneys, Clerk, and Sheriff thereof, for diminishing the number of its terms from twelve to four during the year, and for other purposes (Georgia Laws 1828, pages 69-70); (22) the Act assented to December 4, 1829, entitled An Act for the relief of the Butchers and Venders of meats in the city of Augusta (Georgia Laws 1829, pages 134-135);

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(23) the Act assented to December 21, 1829, entitled An Act to amend the several acts, respecting the Court of Common Pleas of the city of Augusta (Georgia Laws 1829, pages 34-35); (24) the Act assented to December 2, 1830, entitled An Act to repeal an act, entitled `An act, for the relief of the Butchers and Venders of meats in the city of Augusta,' passed on the fourth day of December, one thousand eight hundred and twenty-nine (Georgia Laws 1830, pages 168-169); (25) the Act assented to December 21, 1830, entitled An Act, to amend an act, entitled an act, to amend the several acts respecting the Court of Common Pleas of the City of Augusta (Georgia Laws 1830, page 53); (26) the Act assented to December 26, 1831, entitled An Act to amend the several acts regulating the Courts of Common Pleas, for the city of Augusta (Georgia Laws 1831, pages 93-95); (27) the Act assented to December 24, 1832, entitled An Act to give jurisdiction to the Court of Common Pleas of Augusta, of certain cases of insolvent debtors, and to alter sessions of said court (Georgia Laws 1832, pages 115-116); (28) the Act assented to December 22, 1834, entitled An Act to amend the several acts in relation to the Court of Common Pleas of Augusta (Georgia Laws 1834, pages 92-93); (29) the Act assented to December 24, 1835, entitled An Act to amend the act incorporating the city of Augusta, and the several acts amendatory thereof (Georgia Laws 1835, pages 30-32); (30) the Act assented to December 30, 1836, entitled An Act to amend the several acts in relation to the city of Augusta, and the Court of Common Pleas of said city (Georgia Laws 1836, pages 116-118); (31) the Act assented to December 22, 1837, entitled An Act to alter and amend the several acts, in relation to the city of Augusta, and the Court of Common Pleas in said city (Georgia Laws 1837, pages 58-59);

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(32) the Act assented to December 29, 1838, entitled An Act to alter and amend the several acts in relation to the City of Augusta, and the Court of Common Pleas of said City, to exempt the members of the Fire Company of said City from Jury duty; to regulate officer's fees in certain cases, and to authorize the Justices of the Peace to require cost to be paid or secured before suits are commenced (Georgia Laws 1838, pages 64-66), so far as the same relates to the city government of Augusta; (33) the Act assented to December 23, 1840, entitled An Act to amend the Rent Laws of this State, so far as relates to the city of Augusta; to confirm the purchase of Bridges across the Savannah River, at Augusta, by the City Council of Augusta, and to legalize the scrip issued in payment for the same; to confirm to the said City Council certain privileges relative to said Bridges; further to define the qualifications and disabilities of members of said City Council; to change the times of holding the summer and fall sessions of the Court of Common Pleas of the City of Augusta; to authorize the Clerk of the City Council of Augusta, in certain cases, to act as Clerk of the said Court of Common Pleas; and to exempt the Mayor and members of the City Council of Augusta, and the members of the Augusta Independent Fire Company, from the performance of certain duties therein specified; and for other purposes in said act contained (Georgia Laws 1840, pages 163-165), so far as the same relates to the city government of Augusta; (34) Sections 1 through 9 of the Act assented to December 11, 1841, entitled An Act to amend the several acts in relation to the City of Augusta, the Court of Common Pleas thereof, and the Bridge across Savannah river; and to revive an act therein specified, for the benefit of certain persons therein mentioned (Georgia Laws 1841, pages 45-47); (35) the act assented to December 24, 1842, entitled An Act to alter and amend the several acts in relation to the City of Augusta (Georgia Laws 1842, page 49); (36) Sections 2 and 3 of the Act assented to December 27, 1842, entitled An Act to amend an Act to amend an act entitled an act to alter and amend the several acts

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relating to the Court of Common Pleas, and of Oyer and Terminer, of the City of Savannah, assented to 7th December, 1841; and to amend the several laws regulating the Court of Common Pleas, in the City of Augusta, and to change the time of holding the Court of Common Pleas in the City of Augusta (Georgia Laws 1842, pages 68-69); (37) Section 6 of the Act approved December 26, 1845, entitled An Act to amend an Act entitled an act to incorporate the Irwinton Bridge Company, and to regulate the rates of toll thereof, to grant to Elizabeth Jones the right to keep a Ferry on the Savannah river, and to extend the authority of the City Council of Augusta, in relation to Ferries and Bridges in said City (Georgia Laws 1845, pages 64-65); (38) Section 3 of the Act approved December 27, 1847, entitled An Act to amend an act to amend and consolidate the several acts which have been passed in relation to the powers and privileges of the corporation of the city of Savannah and the hamlets thereof, assented to the 24th December, 1825; and also to amend an act entitled an act to alter the time for the election of the Mayor and Aldermen of the city of Savannah, and for other purposes therein mentioned, passed the 25th December, 1845; and to confer on the Mayor of Augusta certain powers herein mentioned (Georgia Laws 1847, pages 25-26); (39) the Act approved December 19, 1849, entitled An Act to amend the several acts in relation to the city of Augusta, and to amend the act passed on the 27th day of December, 1845, to incorporate the Augusta Canal Company (Georgia Laws 1849-50, pages 85-86); (40) Section 2 of the Act approved February 5, 1850, entitled An Act to repeal the act incorporating the town of Springville in the county of Cobb, passed December 29th, 1838, and to fix the amount of auctioneer's bonds when appointed by the City Council of Augusta (Georgia Laws 1849-50, page 95); (41) Sections VI through X of the Act approved December 30, 1851, entitled An Act to incorporate the

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town of Antioch, in Troup county, and to provide for the election of Intendant and Commissioners for the same, and to define their powers, and for other purposes therein mentioned. Also, to amend the several Acts in relation to the city of Augusta, and in relation to elections therein (Georgia Laws 1851-2, pages 415-417); (42) Section V of the Act approved January 9, 1854, entitled An Act to alter and change the times of holding the Superior Courts for the counties of Meriwether and Laurens, and to regulate the same, and to change the sessions of the Court of Common Pleas of Augusta (Georgia Laws 1853-4, pages 61-62); (43) Section IX of the Act approved January 31, 1854, entitled An Act to authorize the Wills Valley Rail Road Company, incorporated by the Legislature of the State of Alabama, and any Rail Road Company incorporated by the Legislature of the State of Alabama, that may be associated with the Wills Valley Rail Road Company, to construct a Rail Road, through the county of Dade, to some point on the Nashville and Chattanooga Rail Road, in said County of Dade and State of Georgia, and for other purposes therein specified. Also to incorporate a Rail Road or Plank Road Company, for the purpose of constructing a Road from Augusta, to a point on Savannah River, opposite to the mouth of Stevens Creek, or within ten miles thereof (Georgia Laws 1853-4, pages 464-466); (44) Section VI through VIII of the Act approved February 7, 1854, entitled An Act to incorporate the Town of Holmesville in the County of Appling, and to render the County site of said County permanent at that place; also to amend the several Acts in relation to the City of Augusta, and the Augusta Canal Company, and to confer certain powers relative thereto (Georgia Laws 1853-4, pages 252-253); (45) Section XVI of the Act approved February 17, 1854, entitled An Act to amend an Act incorporating the Town of Calhoun, in Gordon County, approved, January 12th, 1852, and to extend the corporate limits of the City of Augusta (Georgia Laws 1853-4, pages 217-220);

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(46) all sections except Section 23 of the Act approved February 15, 1856, entitled An Act to organize the Court of Common Pleas for the city of Augusta, and to change the name thereof and give it criminal jurisdiction in certain cases; also to authorize and confer certain jurisdiction upon a Recorder's Court in said city; to authorize the City Council to subscribe for stock in certain rail-road companies, and provide for the payment of the amounts subscribed; to authorize the connection of Rail-roads in Augusta; to authorize the Savannah Valley Rail Road company to cross the Savannah river and be continued to Augusta, with certain privileges; to provide for the registry of the names of all persons entitled to vote in elections in said city, to prevent persons whose names are not registered from voting; to prescribe an oath for voters, and to punish violations of this act in regard to said elections and voters (Georgia Laws 1855-6, pages 246-251); (47) Section II of the Act approved February 18, 1856, entitled An Act to authorize the City Councils of Savannah and Augusta each to elect, or appoint, ten Auctioneers or Vendue Masters (Georgia Laws 1855-6, page 548); (48) the Act approved December 22, 1857, entitled An Act to authorize the City Council of Augusta and Savannah, to establish workhouses in their respective cities, and to empower them to affix imprisonment and labor in said workhouses as a penalty for violation of the city ordinances, and for other purposes (Georgia Laws 1857, pages 166-167), so far as the same relates to the city government of Augusta; (49) the Act approved December 20, 1859, entitled An Act to amend an act to provide for the registry of votes, c. in the city of Augusta, approved Feb. 15th, 1856, and to extend the powers of the Recorder of said city, in relation to free negroes; and for other purposes (Georgia Laws 1859, pages 129-130); (50) the Act assented to November 26, 1861, entitled An Act to authorize the City Council of Augusta, to issue one hundred thousand dollars in Treasury notes,

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and for other purposes (Georgia Laws 1861, pages 25-26); (51) the Act assented to December 17, 1861, entitled An Act to authorize the City Council of Augusta to fix the salary of the Judge of the City Court of said city (Georgia Laws 1861, page 91); (52) the Act assented to December 7, 1863, entitled An Act to confer certain powers upon the Judge of the City Court of Augusta (Georgia Laws 1863-4, pages 90-91); (53) the Act assented to March 9, 1865, entitled An Act to extend the civil jurisdiction of the City Court of Augusta, to abolish the tax or Court fee, and to make the fees of the officers of that Court the same as in the Superior Courts of this State (Georgia Laws 1864-5, page 61); (54) the Act approved February 6, 1866, entitled An Act to amend an Act assented to March 9th, 1865, entitled an Act to extend the civil jurisdiction of the City Court of Augusta, to abolish the tax or Court fee, and to make the fees of the officers of that Court the same as in the Superior Courts of this State (Georgia Laws 1865-6, page 73); (55) the Act approved February 28, 1866, entitled An Act to authorize the City Council of Augusta, to change, alter, equalize, or create new wards, in said City, and to change the mode and manner, of the elections of Mayor and Councilmen of Augusta; and also, to change, and increase, the fees and salaries of any of the officers in said City, and the terms and time of their election (Georgia Laws 1865-6, page 269); (56) the Act passed September 23, 1868, entitled An Act to reorganize the municipal government of the city of Augusta (Georgia Laws 1868, pages 117-119); (57) the Act approved October 12, 1870, entitled An Act to abolish appeals in the City Court of Augusta, and for other purposes (Georgia Laws 1870, page 483); (58) the Act approved October 25, 1870, entitled An Act to extend the present limits of the city of Augusta, and for other purposes (Georgia Laws 1870, pages 477-478);

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(59) the Act approved October 26, 1870, entitled An Act to amend an act to incorporate the Augusta Summerville Railroad Company, approved March 20, 1866, and the act amendatory thereof, approved December 28, 1866; also to confirm the contract made by said corporation with the City Council of Augusta and certain of the ordinances of said council relative to said corporation, and for other purposes (Georgia Laws 1870, page 293); (60) the Act approved December 12, 1871, entitled An Act to amend an Act `to incorporate the proprietors of the Augusta Canal, and to confirm certain ordinances of the City Council, therein mentioned, and to punish those who may injure their property, approved December 27th, 1845;' and to extend the provisions of said Act, and to confirm a certain resolution of the City Council of Augusta relating to said canal (Georgia Laws 1871-2, pages 204-207); (61) the Act approved December 13, 1871, entitled An Act to extend the jurisdiction of the City Court of Augusta, and for other purposes (Georgia Laws 1871-2, page 66); (62) the Act approved August 24, 1872, entitled An act to amend an act entitled an act to extend the present limits of the city of Augusta, and for other purposes, approved October 25, 1870 (Georgia Laws 1872, page 139); (63) the Act approved August 24, 1872, entitled An act to authorize the city council of Augusta to open, change, widen or extend streets in said city, and to provide for the assessment of damages for the same (Georgia Laws 1872, page 140); (64) the Act approved August 24, 1872, entitled An act to extend the jurisdiction of the City Court of Augusta, and for other purposes (Georgia Laws 1872, pages 141-142); (65) the Act approved February 21, 1873, entitled An Act to amend the Act creating a City Court for the City of Augusta, and the several Acts amendatory thereof, and for other purposes (Georgia Laws 1873, page 121);

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(66) the Act approved February 21, 1873, entitled An Act to allow the Recorder of the City of Augusta to charge and collect the same fees as are allowed by law to Magistrates, in certain cases (Georgia Laws 1873, pages 121-122); (67) the Act approved February 22, 1873, entitled An Act to amend an Act entitled an Act to extend the present limits of the City of Augusta, and for other purposes, approved October 25th, 1870 (Georgia Laws 1873, page 121); (68) the Act approved February 24, 1874, entitled An Act to repeal section twelve of an act entitled an act to reorganize the municipal government of the city of Augusta (Georgia Laws 1874, page 178); (69) the Act approved February 26, 1874, entitled An Act to amend the act of the General Assembly of this State, approved August 24, 1872, entitled an act to authorize the City Council of Augusta to open, change, widen, or extend streets, in said city, and to provide for the assessment of damages for the same, and for other purposes (Georgia Laws 1874, pages 204-205); (70) the Act approved February 26, 1874, entitled An Act to authorize the City Council of Augusta to affix a penalty for failure to make tax returns or pay the same, and to enforce the collection of the same by execution (Georgia Laws 1874, pages 205-206); (71) the Act approved February 28, 1874, entitled An Act to amend an act approved December 20, 1859, entitled an act to amend an act to provide for registry of votes, etc., in the city of Augusta, approved February 15, 1856, and for other purposes (Georgia Laws 1874, page 205); (72) the Act approved February 28, 1874, entitled An Act to authorize the City Council of Augusta to take down and remove from its present location the market house in the city of Augusta known as the Upper Market, and for other purposes (Georgia Laws 1874, page 206); (73) the Act approved March 2, 1875, entitled An Act to authorize the City Council of Augusta to enter upon and use the ground or soil under any railroad, road,

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highway, street, lane, alley, or private lot or premises, for the purpose of laying water pipes and enlarging, extending or improving the water works of the city of Augusta, and to provide for the assessment and payment of damages for the same, and for other purposes (Georgia Laws 1875, pages 155-156); (74) the Act approved March 5, 1875, entitled An Act to amend an act entitled an Act to organize the Court of Common Pleas for the city of Augusta, and for other purposes, approved February 15, 1856, by striking from the 20th section thereof, the words `Marshal and Deputy Marshal,' and inserting in lieu thereof, the words `Chief of Police,' and `Lieutenants of Police,' (Georgia Laws 1875, pages 80-81); (75) the Act approved February 23, 1876, entitled An Act to regulate the time for which the Mayor of the city of Augusta shall hold office, and for other purposes (Georgia Laws 1876, page 157); (76) the Act approved February 28, 1876, entitled An Act to abolish the City Court of Augusta, and for other purposes (Georgia Laws 1876, page 97); (77) the Act approved February 28, 1876, entitled An Act to require the Mayor of the city of Augusta to discharge the duties of the Recorder of said city; to limit the salary of said Mayor, and for other purposes (Georgia Laws 1876, page 176); (78) the Act approved February 19, 1877, entitled An Act to regulate the elective franchise in municipal elections in the city of Augusta, and for other purposes (Georgia Laws 1877, page 144); (79) the Act approved August 23, 1879, entitled An Act to amend an Act to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city; to limit the salary of said Mayor, and for other purposes (Georgia Laws 1878-9, page 313); (80) the Act approved August 23, 1879, entitled An Act to regulate the publication of the registered voters of the city of Augusta (Georgia Laws 1878-9, pages 313-314);

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(81) the Act approved August 26, 1879, entitled An Act to create a Board of Police Commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes (Georgia Laws 1878-9, pages 311-313); (82) the Act approved September 14, 1881, entitled An Act to amend an Act to create a Board of Police Commissioners for the City of Augusta, in this State, to define its powers and duties, and for other purposes, approved August 26th, 1879, by extending the terms of office of the present incumbents by changing the mode of electing the members of said board, and by making the Mayor of the city of Augusta an ex-officio member of said board, and for other purposes (Georgia Laws 1880-1, pages 369-371); (83) the Act approved September 16, 1881, entitled An Act to amend an Act to regulate the time for which the Mayor of the city of Augusta shall hold office, and for other purposes, approved February 23rd, 1876, by striking from the second section of said Act the words following, to wit: That no person, except one elected to fill an unexpired term, shall be eligible to re-election to said office, until after the expiration of one term, or the lapse of three years' (Georgia Laws 1880-1, page 371); (84) the Act approved December 9, 1883, entitled An act to extend the limits of the city of Augustato regulate taxation within said extended limits, and for other purposes (Georgia Laws 1882-3, page 258); (85) the Act approved December 9, 1882, entitled An Act to authorize the city council of Augusta to exercise police control over city property at the head of the Augusta canal, and the dam across the Savannah river, and for other purposes (Georgia Laws 1882-3, pages 264-265); (86) the Act approved September 8, 1882, entitled An Act to extend the limits of the city of Augusta, and for other purposes (Georgia Laws 1882-3, page 323); (87) the Act approved September 12, 1883, entitled An Act to regulate the time for which the members of

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the city council of Augusta shall hold office, and for other purposes (Georgia Laws 1882-3, pages 332-333); (88) the Act approved September 13, 1883, entitled An Act to authorize the city council of Augusta to fix and regulate the salary of the mayor of said city, and for other purposes (Georgia Laws 1882-3, page 335); (89) the Act approved September 26, 1883, entitled An Act to amend the Act entitled an Act to create a board of police commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes, approved August 26, 1879, as altered September 14, 1881, by an Act amendatory of the Act aforesaid, extending the terms of office of the present incumbents by changing the mode of electing the members of said board, and by making the mayor of the city of Augusta an ex-officio member of said board, and to entitle him to and invest him with all the privileges and powers incident to membership proper, by changing the method of electing the members of said board, and for other purposes (Georgia Laws 1882-3, pages 469-470); (90) the Act approved September 21, 1887, entitled An Act to confirm an ordinance of the city council of Augusta, entitled an ordinance to prescribe the time and conditions under which the water power of the Augusta Canal shall be let and rented, and for other purposes, passed March 4th, 1886, and for other purposes (Georgia Laws 1887, page 518); (91) the Act approved September 21, 1887, entitled An Act to amend an Act entitled an Act to regulate the time for which the members of the city council of Augusta shall hold office, and for other purposes (Georgia Laws 1887, pages 519-520); (92) the Act approved October 22, 1887, entitled An Act to authorize the city council of Augusta to grade, pave, macadamize and otherwise improve the streets of the city of Augusta, and to authorize said body to assess and collect one-half the cost of said improvements out of the real estate fronting on said streets so improved, and to authorize said city council to construct sewers and drains in said city, and to assess the cost of

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the same on real estate abutting on the streets through which sewers may be constructed and placed, and on the real estate through which sewers may pass, and to authorize sewers and drains to be constructed through private property on the payment of damages, and for other purposes (Georgia Laws 1887, pages 565-568); (93) the Act approved October 22, 1887, entitled An Act to authorize the city council of Augusta to collect by execution, to be enforced and to have the same lien upon the premises in or upon which the water may be used, as executions for city taxes, all sums due the city council for water rents, wash-paves or openings of any kind through which water is used, and all sums that may be assessed against each and every improved lot lying on any street through which the pipes of the Augusta water-works may pass, and for other purposes (Georgia Laws 1887, page 568); (94) the Act approved November 4, 1889, entitled An Act to amend the Act of December 24, 1835, amending the charter of the city of Augusta (Georgia Laws 1888-9, vol. II, pages 922-923); (95) the Act approved December 4, 1890, entitled An Act to prevent any person holding any office or appointment, Federal, State or county, from being mayor or a member of council of the city of Augusta (Georgia Laws 1890-1, vol. II, page 459); (96) the Act approved December 4, 1890, entitled An Act to make the mayor and members of `the City Council of Augusta,' of the city of Augusta, ineligible to re-election for the period of one term of said offices, and for other purposes (Georgia Laws 1890-1, vol. II, page 459); (97) the Act approved December 26, 1890, entitled An Act to authorize the City Council of Augusta to tear down and remove the Lower Market House and to build a market at any place in the city of Augusta, and for other purposes (Georgia Laws 1890-1, vol. II, page 461); (98) the Act approved December 27, 1890, entitled An Act to amend an Act entitled an Act to establish a

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Mayor's Court in the City of Augusta, and to add an additional member to the City Council thereof, passed December 17, 1818, so as to authorize the City Council of Augusta to prescribe, by ordinance, the fees which the City Sheriff of Augusta shall receive for the collection, enforcement and settlement of tax fi. fas. issued by the City Council of Augusta, and for other purposes (Georgia Laws 1890-1, vol. II, pages 461-462); (99) the Act approved August 6, 1891, entitled An Act to amend an Act creating a Board of Police Commissioners for the city of Augusta, in this State, approved August 26th, 1879, as amended respectively by Acts approved September 14th, 1881 and September 26th, 1883, by striking from said original Act (1879) all of section 7 of said Act, and for other purposes (Georgia Laws 1890-1, vol. II, page 462); (100) the Act approved September 2, 1891, entitled An Act to authorize the City Council of Augusta to provide by ordinance for a registration of voters in each ward of the city; for a Registry Clerk in each ward; to limit the time for registering and closing of said registry; to regulate the same, and for other purposes (Georgia Laws 1890-1, vol. II, pages 462-463); (101) the Act approved September 11, 1891, entitled An Act to authorize the City Council of Augusta to appoint the Orderly Sergeant of Police, or such other person which council may see fit to select clerk of the Recorder's Court of the City Council of Augusta, and to repeal so much of section 19 of the Act approved February 15th, 1856, as requires that the clerk of council shall be the clerk of said Recorder's Court; said Act being entitled as Act to organize the Court of Common Pleas of the city of Augusta, and to change the name thereof, and give it criminal jurisdiction in certain cases (also to confer certain jurisdiction upon a Recorder's Court in said city); to authorize the City Council to subscribe for stock in certain railroad companies, and provide for the payment of the amount subscribed; to authorize the connection of railroads in Augusta; to authorize the Savannah Valley Railroad Company to cross the Savannah river and be continued to Augusta with certain

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privileges; to provide for the registry of the names of all persons entitled to vote in the elections in said city; to prevent persons whose names are not registered from voting, to prescribe an oath for voters and to punish violators of this Act in regard to said election and voting (Georgia Laws 1890-1, vol. II, pages 464-465); (102) the Act approved October 9, 1891, entitled An Act to amend `an Act to create a Board of Police Commissioners for the city of Augusta, in this State, to define its power and duties, and for other purposes,' approved August 26, 1879, as amended by an Act approved September 14, 1889, by extending the term for which the officers and privates of said police force shall be elected, and to fix the time when the police commissioners shall determine the number of officers and privates who shall serve during said term, and for other purposes (Georgia Laws 1890-1, vol. II, pages 465-466); (103) the Act approved December 22, 1892, entitled An Act to confirm certain ordinances of the city council of Augusta, and for other purposes (Georgia Laws 1892, pages 197-201); (104) the Act approved November 29, 1895, entitled An Act to authorize the city council of Augusta to increase its water supply by constructing water-works beyond the corporate limits of the city of Augusta; to purchase and hold property for such purposes; to lay water mains and exercise the right of eminent domain beyond the corporate limits of said city; to contract with persons or corporations for using water beyond the city limits; to ratify the purchase of land already made beyond the corporate limits of said city, and for other purposes (Georgia Laws 1895, pages 127-129); (105) the Act approved December 13, 1895, entitled An Act to authorize the city council of Augusta to enlarge, open, and construct a canal or ditch beyond the limits of said city, commencing at any point on the southern or southeastern boundary of the city of Augusta to any point on Rocky Creek or the Savannah river in the county of Richmond for drainage purposes, and to authorize and empower the city council of Augusta to

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condemn private property for the purpose of constructing, enlarging, or opening such ditch or canal (Georgia Laws 1895, pages 126-127); (106) the Act approved December 17, 1896, entitled An Act to define the powers of the recorder of the city of Augusta as to fines and penalties to be imposed by him for violation of the rules, regulations, by-laws and ordinances of the city council of Augusta, and punishment for contempt, and for other purposes (Georgia Laws 1896, page 119); (107) the Act approved December 17, 1896, entitled An Act to amend the charter of the city of Augusta by authorizing the city council of Augusta to impose license taxes upon all occupations, trades and business carried on within said city by resident or non-resident persons, firms or corporations, and for other purposes (Georgia Laws 1896, pages 119-120); (108) the Act approved December 23, 1896, entitled An Act to authorize the city council of Augusta to grant the use of the streets of the city of Augusta to any railroad company or corporation, by steam-locomotive or other power, longitudinally or otherwise, and for other purposes (Georgia Laws 1896, pages 120-121); (109) the Act approved December 23, 1896, entitled An Act to authorize the city council of Augusta to improve the sidewalks of the city of Augusta, including all necessary curbing for the same, and assess and collect the cost for such improvement and curbing on the real estate abutting on the street, and for other purposes (Georgia Laws 1896, pages 121-122); (110) the Act approved December 20, 1897, entitled An Act to authorize and empower the city council of Augusta to extend Cumming street, or Tenth street, in the city of Augusta, across the right of way of the Georgia Railroad and Banking Company, between Walker and Fenwick streets, in said city, and for other purposes (Georgia Laws 1897, pages 154-155); (111) the Act approved December 6, 1898, entitled An Act to authorize the city council of Augusta to affix

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a penalty for failure to make tax returns, and to provide for the enforcement of such penalty (Georgia Laws 1898, page 135); (112) the Act approved December 9, 1898, entitled An Act to authorize the city council of Augusta to impose a penalty for failure to pay taxes, assessments, fines, license fees, and any sums due for the use of water through the water pipes of said city within a fixed time (Georgia Laws 1898, page 126); (113) the Act approved December 10, 1898, entitled An Act to authorize the city council of Augusta to enforce the collection of all taxes, assessments, fines, license fees, and any sums due for the use of water through the water pipes of said city, and all penalties and other sums that may be due the said city council, by execution (Georgia Laws 1898, page 127); (114) the Act approved December 15, 1898, entitled An Act to authorize the city council of Augusta to change in whole or part, the location of the dam now extending across the Savannah river at the head of the Augusta canal; to construct a dam from any point on the Georgia side of said river or from any point of the present dam up the stream of said river; to raise the height of said dam; to condemn any property necessary for said purposes; and for other purposes (Georgia Laws 1898, pages 128-129); (115) the Act approved December 15, 1898, entitled An Act to authorize the city council of Augusta exclusively to fix within prescribed limits all fines and punishments for violation of any rules, by-laws, and ordinances established by said city council (Georgia Laws 1898, page 130); (116) the Act approved December 19, 1898, entitled An Act to amend the charter of the city of Augusta (Georgia Laws 1898, pages 131-132); (117) the Act approved December 20, 1898, entitled An Act to authorize the city council of Augusta to fix the number of its members necessary to constitute a quorum (Georgia Laws 1898, page 128); (118) the Act approved December 22, 1898, entitled

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An Act to make the boundary line between the States of Georgia and South Carolina, along the entire river front of the City of Augusta, the northern boundary of said city (Georgia Laws 1898, page 126); (119) the Act approved December 22, 1898, entitled An Act to amend an Act entitled an Act to incorporate Augusta and to improve the public roads in the neighborhood thereof, approved January 31st, 1798, and the several Acts amendatory thereof, so as to authorize the city council of Augusta to construct drains and sewers, to provide a better system of drain and sewer assessments, and for other purposes (Georgia Laws 1898, pages 133-135); (120) the Act approved November 29, 1899, entitled An Act to authorize the City Council of Augusta, upon the written petition of the owners of one-half of the property having a frontage along the sidewalk of each and every block to be benefited to establish by ordinance, or ordinances, and to maintain upon any and all of the streets of said city, or upon any part or portions thereof, a uniform system of sprinkling; and to charge the cost therefor against the abutting property and the owners thereof along the street or streets, or portions of streets, upon which the sprinkling may be done, and also against any person or corporation using the streets, or portions of streets by railroad tracks, or other permanent structures placed in the street or streets; the charge or cost of said sprinkling to be a lien of the same dignity as taxes due said city against the abutting property and owners, and against the corporations or other persons using the said street or streets as aforesaid, from the date of the passage of the ordinance or ordinances providing for said sprinkling, in such portion as the ordinance or ordinances may prescribe, and the cost may be collected by execution the same as other taxes due said city, and the said city council is authorized to pay such portion of the cost of said sprinkling at the intersection of streets, and at such other points, as the city council by ordinance may prescribe, and for other purposes (Georgia Laws 1899, pages 129-131); (121) the Act approved December 20, 1899, entitled

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An Act to amend the charter of the city of Augusta (Georgia Laws 1899, pages 131-132); (122) the Act approved November 20, 1901, entitled An Act to amend the charter of the city of Augusta (Georgia Laws 1901, pages 314-316); (123) the Act approved November 26, 1901, entitled An Act to amend the charter of the city of Augusta (Georgia Laws 1901, page 313); (124) the Act approved December 14, 1901, entitled An Act to amend the charter of the city council of Augusta; to authorize said city council to assess property for public improvements to the extent of special benefits by reason thereof; to provide for the collection of such assessments, and for a hearing to determine the correctness thereof, and for other purposes (Georgia Laws 1901, pages 313-314); (125) the Act approved December 6, 1902, entitled An Act to amend `an Act entitled an Act to create a board of police commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes, `approved August 26, 1879, and as subsequently amended; by prescribing the length of time for which privates and officers elected at other times than regular triennial elections shall hold office; and by investing the president or acting president of said board of police commissioners with authority to administer oaths or affirmations to witnesses appearing before the commission; and by providing that any person swearing or affirming falsely after the administration of said oath or affirmation shall be guilty of perjury; and by providing that the members of said commission shall be elected one from each ward of said city; and to provide for compensation for the members of said commission, and for other purposes (Georgia Laws 1902, pages 342-344); (126) the Act approved July 24, 1903, entitled An Act to authorize the city council of Augusta to lay out and maintain boulevards, driveways, parks and parkways, outside the limits of said city and within five miles thereof, within the county of Richmond, in said State; to authorize the taking or damage of private property for the same; to provide for a board of park commissioners

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and authorize said council to levy taxes and make appropriations for the same, and for other purposes. (Georgia Laws 1903, pages 428-429); (127) the Act approved August 13, 1903, entitled An Act to amend the charter of the city of Augusta, in said State, so as to provide a way by which may be retired from active service on part pay, certain members of the police and fire departments of the city of Augusta, and for other purposes (Georgia Laws 1903, pages 428-429); (128) the Act approved August 15, 1903, entitled An Act to amend the charter of the city of Augusta, in this State, so as to prescribe the mode of conducting any primary or other such election in said city of Augusta, held for the purpose of nominating or electing a person to be afterwards a candidate at a subsequent regular election held to fill any office of the city of Augusta as now or may be hereafter provided by the charter, or any amendments thereto, of the city of Augusta; to prescribe penalties for violations of this Act, and for other purposes (Georgia Laws 1903, pages 425-428); (129) the Act approved August 9, 1904, entitled An Act to provide a mode of registration for voters in municipal elections in the city of Augusta, said State; to prescribe the oath to be taken upon registration, and for other purposes (Georgia Laws 1904, pages 363-364); (130) the Act approved August 22, 1905, entitled An Act to amend the charter of the city of Augusta, in said State, so as to provide a way by which may be retired from active service on part pay certain members of the police and fire departments of the city of Augusta, and for other purposes (Georgia Laws 1905, pages 619-620); (131) the Act approved August 7, 1907, 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

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of such position for the next ensuing term, and for other purposes (Georgia Laws 1907, pages 413-414): (132) the Act approved July 27, 1909, entitled An Act to authorize the city council of Augusta to acquire by condemnation or other proceedings fee simple title to any real property in the city of Augusta, or the county of Richmond, which may be necessary for the laying of water pipes, or for enlarging, extending or improving the water system of said city, or for the protection of said city or county from damage by floods and freshets, and for other purposes (Georgia Laws 1909, pages 554-556); (133) the Act approved July 27, 1909, entitled An Act to create a river and canal commission for the protection of the city of Augusta, to define its powers, duties, and authority, and to provide for the election of members of said commission, and for other purposes (Georgia Laws 1909, pages 556-558); (134) the Act approved August 19, 1911, entitled An Act to amend the charter of the city of Augusta; extend its corporate limits so as to include therein territory now embraced in other municipal corporations, and other territory; to provide for the indebtedness of said municipal corporations so included, and for other purposes (Georgia Laws 1911, pages 641-650); (135) the Act approved July 15, 1912, entitled An Act to provide a method of fixing the valuation upon the power producing canal and municipal waterworks of the City of Augusta as required in the amendment to Paragraph 1 and Section 7, Article 7, of the Constitution of the State of Georgia; to provide for allowing the City of Augusta to increase its bonded indebtedness, the Act of the General Assembly providing for which was approved August 16, 1909, as appears in the published laws of 1909, pages 77-80 inclusive, and which was proclaimed by the Governor of the State of Georgia on the 20th day of October, 1910, to have been adopted by the people of the State, and for other purposes (Georgia Laws 1912, pages 586-589); (136) the Act approved August 16, 1912, entitled An Act to amend an Act entitled an Act to create a

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board of police commissioners of the City of Augusta, in this State, to define its powers and duties, and for other purposes, increasing the board of police commissioners of the City of Augusta from five to six members, one from each ward (Georgia Laws 1912, pages 589-590); (137) the Act approved August 4, 1913, entitled An Act to amend an Act entitled `an Act to amend the charter of Augusta in said State so as to provide a way by which may be retired from active service on part pay, certain members of the Police and Fire Departments of the City of Augusta, and for other purposes,' approved August 13th, 1903, by providing that certain members of either department having continuously served for twenty-five years in either or both departments may retire, and for other purposes (Georgia Laws 1913, pages 618-619); (138) the Act approved August 5, 1913, entitled An Act to create a Board of Civil Service Commission, for the City of Augusta in this State, to have entire control and management of the Police and Fire Departments of said city; to define its powers and duties, and for other purposes (Georgia Laws 1913, pages 612-618); (139) the Act approved August 15, 1913, 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 for other purposes (Georgia Laws 1913, pages 604-611); (140) the Act approved July 10, 1914, entitled An Act to authorize the city council of Augusta to acquire by condemnation or other proceedings, any real property in the city of Augusta or the county of Richmond, which may be necessary for the protection of said city or county from damage by floods and freshets (Georgia Laws 1914, page 427); (141) the Act approved August 18, 1916, entitled

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An Act to amend the charter of the City of Augusta, so as to extend the corporate limits of the City of Augusta, so as to include therein other territory, and for other purposes (Georgia Laws 1916, pages 548-549); (142) the Act approved August 19, 1916, entitled An Act to authorize the City Council of Augusta to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or public alleys of the City of Augusta, to make and collect assessments for the same, and for other purposes (Georgia Laws 1916, pages 549-551); (143) the Act approved August 17, 1918, entitled An Act to authorize and empower the city council of Augusta to extend Cumming street, or Tenth Street, in the City of Augusta, across the right of way of the Georgia Railroad and Banking Company, between Walker and Fenwick streets, in said city, and for other purposes (Georgia Laws 1918, page 539); (144) the Act approved August 19, 1918, entitled An Act to amend an Act of the General Assembly of Georgia, approved August 5, 1913, entitled an Act to create a board of civil service commission for the City of Augusta to have entire control and management of the police and fire departments of said city; to define its powers and duties, and for other purposes; so as to provide for the raising of the age limit of policemen and firemen, and for other purposes (Georgia Laws 1918, pages 540-541); (145) the Act approved August 16, 1920, entitled An Act to amend an Act entitled `An Act to amend the charter of the City of Augusta in said State, so as to provide a way by which may be retired from active service on part pay certain members of the police and fire departments of the City of Augusta,' approved August 22, 1905, by adding immediately after the word `continuously' in the sixth line of Section 1 of said Act, the words, `or who has not been out of service for longer than six months continuously at any one time,' and for other purposes (Georgia Laws 1920, pages 734-735); (146) the Act approved July 25, 1921, entitled An Act to promote the efficiency and improve the condition

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in the fire department of the City of Augusta, incorporated as the City Council of Augusta, Georgia, by installing therein what is known as the two-platoon system, and for other purposes (Georgia Laws 1921, pages 686-687); (147) the Act approved August 1, 1922, entitled An Act to amend the Act approved July 29, 1921, Acts of 1921 page 686, entitled `An Act to promote the efficiency and improve the condition in the Fire Department of the City of Augusta incorporated as the City Council of Augusta, Georgia, by installing therein what is known as the two-platoon system, and for other purposes' by striking and repealing Section 1 and substituting therefor a new section to be known as Section 1 so as to provide for the enforcement of said Act and for other purposes (Georgia Laws 1922, pages 589-590); (148) the Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia, and for other purposes (Georgia Laws 1923, pages 443-445); (149) the Act approved July 31, 1923, entitled An Act to amend an Act approved August 1, 1922, Acts of 1922, page 589, entitled An Act to amend the Act approved August 1, 1922, Acts of 1922, page 589, entitled `An Act to amend the Act approved July 29, 1921, Acts of 1921, page 686, entitled An Act to promote the efficiency and improve the condition in the fire department of the City of Augusta, incorporated as the City Council of Augusta, Georgia, by installing therein what is known as the two-platoon system, and for other purposes, by amending the caption of said Act by striking the word and figure Section 1 in the sixth and seventh lines of said caption and inserting in lieu thereof the word and figure Section 2 and for other purposes' (Georgia Laws 1923, pages 445-446); (150) the Act approved August 2, 1924, entitled An Act to amend an Act entitled `An Act to amend the charter of the City of Augusta to extend its corporate limits so as to include therein territory now embraced in other

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municipal corporations and other territory; to provide for the indebtedness of said municipal corporations so included; and for other purposes, approved August 19, 1911, and for other purposes (Georgia Laws 1924, pages 449-450); (151) the Act approved August 11, 1924, entitled An Act to amend an Act approved July 31, 1923, entitled `An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay, any employee of the City of Augusta, Georgia, and for other purposes,' so as to provide that as the salary of the respective positions the retired employees once held increases, the amount paid to such retired employees as pensions shall increase in a like degree; and at the time of the payment of the pension the amount paid to such retired employees shall be one-half () of the salary of the position he or she once held, and for other purposes (Georgia Laws 1924, pages 450-451); (152) the Act approved August 20, 1925, entitled An Act to amend an Act establishing a charter for the City of Augusta approved January 31, 1798, and the several Acts amendatory thereof, so as to provide a City Planning Commission for the City of Augusta, and for other purposes (Georgia Laws 1925, pages 863-867); (153) the Act approved August 15, 1927, entitled An Act to amend the charter of the City Council of Augusta; to provide for the permanent registration of voters in the city of Augusta; to authorize the appointment by council of a registrar; to provide the duties and compensation of such registrar; to punish false registration; to provide for the purging of the list of voters; and for other purposes (Georgia Laws 1927, pages 806-808); (154) the Act approved August 19, 1927, entitled An Act to amend an Act establishing a charter for the City of Augusta, approved January 31, 1798, and the several acts amendatory thereof, so as to provide a City Planning Commission for the City of Augusta, and for other purposes (Georgia Laws 1927, pages 808-812); (155) the Act approved July 19, 1929, entitled An Act to amend an Act of the General Assembly of Georgia,

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approved August 19, 1918, entitled `An Act to amend an Act of the General Assembly of Georgia, approved August 5, 1913, entitled an Act to create a board of civil service commission for the City of Augusta to have entire control and management of the police and fire departments of said city; to define its powers and duties, and for other purposes;' so as to provide for the lowering of the age limit of policemen and firemen, and for other purposes (Georgia Laws 1929, pages 861-862); (156) the Act approved July 20, 1929, entitled An Act to amend an Act entitled `An Act to promote the efficiency and improve the condition in the fire department of the City of Augusta, incorporated as the City Council of Augusta, Georgia, by installing therein what is known as the two-platoon system, and for other purposes,' approved July 25th, 1921, as amended by the Act approved August 1st, 1922, and to provide for a first and second shift of twenty-four hours each, instead of a day shift with ten hours' service and a night shift of fourteen hours' service (Georgia Laws 1929, pages 851-852); (157) the Act approved July 20, 1929, entitled An Act to amend an Act establishing a charter for the City of Augusta, approved January 31, 1798, and the several acts amendatory thereof, by extending the limits of said city beyond the limits as now defined, so as to take in the territory known as Daniel Aviation Field and Municipal Golf Course (Georgia Laws 1929, pages 859-861); (158) the Act approved July 27, 1929, entitled An Act to reduce the representation in the city council of Augusta from three to two members from each ward in the city; and for other purposes (Georgia Laws 1929, page 856); (159) the Act approved August 15, 1929, entitled An Act to amend the charter of the City of Augusta so as to authorize the city council of Augusta to construct, maintain, and operate a municipal lighting plant; to construct or acquire by purchase all transmission lines and distribution systems necessary for the effectual use of such plant; to electrify the waterpower in the Augusta Canal; to issue bonds for the purpose of paying the cost

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thereof; and for other purposes (Georgia Laws 1929, pages 857-859); (160) the Act approved August 24, 1929, entitled An Act to amend an Act entitled `An Act to create a Board of Civil Service Commission for the City of Augusta in this State, to have entire control and management of the police and fire departments of said city; to define its powers and duties, and for other purposes', approved Aug. 4, 1913, Acts 1913, page 612, by striking from line nineteen of section 1 the word `five,' and the letter `s' from the word `years' in said line, and inserting between the word `year' and the word `but' in said line, the following words: `Provided, however, that the office of one of the members of said commission as now constituted shall expire on the first of January, 1930, one on the first of January, 1931, one on the first of January, 1932, one on the first of January, 1933, one on the first of January, 1934, and his successor elected as provided for herein, the member to be retired to be determined by lot as follows: On the second Monday in November, 1929, there shall be a meeting of the board as now constituted, and members shall place five numbers in a hat, each drawing one number therefrom, and the member drawing number one shall be the member to retire on the first of January, 1930, and his successor shall be elected by city council at its first meeting in December. And on the second Monday in November thereafter there shall be a like meeting of said board, and for each old member left thereon there shall be placed in a hat numbers, from 1 to 4, and the one drawing number 1 therefrom shall be elected by said city council at its first meeting in December for the succeeding year; and so on until each of the old members shall have been retired from said board. The terms of the members to be elected shall be five years, except for the member who might draw the number which would expire him before the expiration of his present term; and so on throughout the terms of the present members. Provided, however, that no member of such board shall be eligible to succeed himself thereon;' and for other purposes (Georgia Laws 1929, pages 852-856); (161) the Act approved August 13, 1931, entitled

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An Act to repeal an Act entitled `An Act to amend the charter of the City of Augusta, so as to authorize the City Council of Augusta to construct, maintain, and operate a municipal lighting plant; to construct or acquire by purchase all transmission lines and distribution systems necessary for the effectual use of such plant; to electrify the water-power in the Augusta Canal; to issue bonds for the purpose of paying the cost thereof; and for other purposes,' approved August 15, 1929 (Georgia Laws 1931, pages 685-686); (162) the Act approved August 22, 1931, entitled An Act to amend the charter of the City of Augusta so as to provide for and create the Augusta Canal Commission with authority and jurisdiction over the Augusta Municipal Canal; to provide for the adoption by said commission of a comprehensive plan for the electrification of the waterpower in the Augusta Municipal Canal for the effectual use of said waterpower, by means of hydro-electric and stand-by plants, to generate, to transmit, and to distribute electric power and current; to provide by contract or otherwise for the construction, purchase, or other acquisition of the hydro-electric and stand-by plants, and necessary transmission lines and distribution system, and to maintain and operate the same; to authorize said commission, the Mayor and City Council of Augusta to make and enter into needful and appropriate contracts and/or issue revenue bonds or certificates for the purpose of accomplishing the said objects; to provide for the creation and maintenance of a sinking fund for the payment of said bonds or certificates, and for the management of said fund; to provide security for said bonds or certificates and for the registration and sale of same; to repeal laws in conflict herewith; and for other purposes (Georgia Laws 1931, pages 673-683); (163) the Act approved August 27, 1931, entitled An Act to amend an Act approved August 17, 1925 (Acts 1925, pages 867-872), entitled `An Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired

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from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes, as amended by the Act approved August 11, 1924 (Acts 1924, pages 450 and 451), entitled An Act to amend an Act, approved July 31, 1923, entitled `An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes,' so as to provide for total permanent disability pensions and retirement pensions for the firemen of the City of Augusta, Georgia, and for other purposes,' so as to extend the application of the Act approved August 17, 1925, as above entitled, to all officers and employees of the City of Augusta, including the Police department, and for other purposes (Georgia Laws 1931, pages 683-685); (164) the Act approved August 27, 1931, entitled An Act to amend the Act creating a charter for the City of Augusta, approved January 31st, 1798, and the several acts amendatory thereof; and for other purposes (Georgia Laws 1931, pages 686-691); (165) the Act approved March 22, 1933, entitled An Act to amend the charter of the City of Augusta, providing that the city attorney shall be ex-officio attorney for Richmond County Department of Health for said city and county, without any extra compensation (Georgia Laws 1933, pages 860-861); (166) the Act approved March 23, 1933, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, Georgia; and for other purposes (Georgia Laws 1933, pages 868-869); (167) the Act approved March 23, 1933, entitled An Act to repeal an Act approved August 27, 1931, entitled `An Act to amend an Act approved August 17, 1925 (Acts 1925, pages 867-872), entitled An Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled `An Act to amend the charter of the City of Augusta,

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incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part-pay any employee of the City of Augusta, Georgia; and for other purposes,' as amended by the Act approved August 11, 1924 (Acts 1924, pages 450 and 451) entitled, `An Act to amend an Act approved July 31, 1923, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service, on part pay any employee of the City of Augusta, Georgia; and for other purposes; so as to provide for total permanent disability pensions and retirement pensions for the firemen of the City of Augusta, Georgia; and for other purposes, so as to extend the application of the Act approved August 17, 1925, as above entitled, to all officers and employees of the City of Augusta, including the police department; and for other purposes' (Georgia Laws 1933, pages 870-871); (168) the Act approved February 15, 1935, entitled An Act to amend the charter of the City of Augusta so as to abolish the office of Mayor of the City of Augusta; to repeal all laws in conflict with this Act; and for other purposes (Georgia Laws 1935, page 911); (169) the Act approved February 15, 1935, entitled An Act to amend the charter of the City of Augusta so as to provide for a mayor of the City of Augusta; to fix the salary of the Mayor of the City of Augusta; to provide for a special election for Mayor of the City of Augusta; to fix the date for the holding of said election and provide the rules and regulations thereof; to authorize the City Council of Augusta to provide for a Mayor Pro Tempore to serve from the passage of this Act until said election shall be held; to prescribe the qualifications of candidates for the office of Mayor of the City of Augusta in said election; to repeal all laws in conflict with the provisions of this Act; and for other purposes (Georgia Laws 1935, pages 911-914); (170) the Act approved March 13, 1935, entitled An Act to amend an Act entitled: An Act creating a Board of Civil Service Commission for the City of Augusta, approved

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August 3, 1913, as amended by an Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties and authority of said board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the methods of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the Chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes (Georgia Laws 1935, pages 897-911); (171) the Act approved March 26, 1935, entitled An Act to provide that the City Council of Augusta shall not be authorized to collect, by execution to be enforced against the premises in or upon which the water may be used, sums due the City Council of Augusta for water rents; to provide that said the City Council of Augusta shall not have any lien or liens upon the premises in or upon which water may be used nor against the owner or owners thereof nor against the one that contracts for water for sums due it for water rents, and that all claims of the City Council of Augusta for water rents shall be solely against the person, firm or corporation that contracts for water; to provide for penalty to users of water without contracting for it; to provide that nothing herein contained shall prevent the attachment of liens for water rent due the City Council of Augusta by suit and judgment to establish liens as provided by law, nor the enforcement thereof by execution; to prohibit requirement of deposit by contractors for water and/or by the owner of the premises where water is furnished, when the average monthly amount of water used, or to be used, shall or does exceed $1.25 monthly; to repeal an Act of the General Assembly of the State of Georgia approved October 22, 1887, entitled `An Act to authorize the City Council of Augusta to collect by execution, to be enforced and to have the same lien upon the premises in or upon which the water may be used, as execution for city taxes,

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all sums due the city council for water rents, wash-paves, or openings of any kind through which water is used, and all sums that may be assessed against each and every improved lot lying on any street through which the pipes of the Augusta waterworks may pass, and for other purposes;' and for other purposes (Georgia Laws 1935, pages 915-917); (172) the Act approved February 25, 1937, entitled An Act to amend an Act approved February 15, 1935, amending the charter of the City of Augusta so as to provide for a mayor of the City of Augusta; and for other purposes (Georgia Laws 1937, page 1514); (173) the Act approved December 31, 1937, entitled An Act to amend an Act granting a charter to the City of Augusta, incorporating it as the City Council of Augusta (Georgia Laws 1798) approved January 31, 1798 and the several Acts amendatory thereof so as to provide for the permanent tenure for certain officers and employees of the City Council of Augusta; to exempt certain officers and employees from the operation of this Act; to provide for rules of probation of present and future officers and employees affected by this Act; to provide that certain present employees and officers, on the conditions and at the time herein fixed, shall become permanent employees under the terms of this Act; to provide terms of employment; to provide rules and regulations for such employees and officers; to provide a manner of terminating such permanent employment; to authorize the City Council of Augusta to adopt certain rules and regulations relevant to such employees and officers hereunder, and for other purposes (Georgia Laws 1937-8, pages 938-943); (174) the Act approved March 3, 1939, entitled An Act to amend the Charter of the City of Augusta so as to provide and create a Board of Trustees to be known as `Trustees of the University Hospital,' with authority and jurisdiction over the University Hospital in Augusta; to provide for the management and control of said hospital and to define the duties and powers of said Board of Trustees; to provide for the appointment of the first members of said Board of Trustees and provide for the appointment

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of their successors; to repeal laws in conflict herewith; and for other purposes (Georgia Laws 1939, pages 871-873); (175) the Act approved March 16, 1939, entitled An Act to amend the Charter of the City of Augusta and the several Acts amendatory thereof, so as to provide and establish an annual municipal budget; to regulate and control the expenditure of City funds; to provide penalties for violations of this Act; to repeal laws in conflict herewith, and for other purposes (Georgia Laws 1939, pages 865-871); (176) the Act approved March 24, 1939, entitled An Act to amend the charter of the City of Augusta so as to authorize the City Council of Augusta to make temporary loans and provide for their repayment; to authorize the City Council of Augusta to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Augusta, and to provide the terms of their issue; and for other purposes (Georgia Laws 1939, pages 873-875); (177) the Act approved March 24, 1939, entitled An Act to amend an Act approved August 27, 1931 (Acts 1931, pages 686-691) entitled `An Act to Amend the Act Creating a Charter for the City of Augusta, approved January 31, 1798 and the Several Acts Amendatory Thereof, and for Other Purposes', so as to provide that the city council of Augusta may delegate to the city planning commission, power and authority to permit exceptions to and variations from the zoning regulations and to administer said zoning regulations in whole or in part, and for other purposes (Georgia Laws 1939, pages 876-877); (178) the Act approved February 19, 1941, entitled An Act to amend an Act entitled `an Act to amend an Act granting a Charter to the City of Augusta, incorporating it as the City Council of Augusta (Georgia Laws 1798) approved January 31, 1798 and the several acts amendatory thereof so as to provide for the permanent tenure for certain officers and employees of the City Council of Augusta; to exempt certain officers and employees from the operation of this Act; to provide for rules of

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probation of present and future officers and employees affected by this Act; to provide that certain present employees and officers, on the conditions and at the time herein fixed, shall become permanent employees under the terms of this Act; to provide terms of employment; to provide rules and regulations for such employees and officers; to provide a manner of terminating such permanent employment; to authorize the City Council of Augusta to adopt certain rules and regulations relevant to such employees and officers hereunder, and for other purposes;' so as to provide for said act to be applicable to the City Attorney of the City Council of Augusta as other employees of the City Council of Augusta, and for other purposes (Georgia Laws 1941, pages 1071-1072); (179) the Act approved February 19, 1941, entitled An Act to amend an Act approved March 13th 1935 (Georgia Laws 1935 pages 897-911) entitled: `an Act to amend an Act entitled: an Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by an act approved August 24, 1929, so as to prescribe the qualifications, powers, duties and authority of said board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe the rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this act; and for other purposes, so as to amend Section 3 (J) to provide that no disability received by members of the police and fire Departments in line of duty shall prevent their promotion and for other purposes (Georgia Laws 1941, pages 1072-1073); (180) the Act approved February 19, 1941, entitled An Act to amend an Act entitled: `An Act to amend an Act entitled: An Act creating a board of civil service commission for the City of Augusta, approved August 3, 1913, as amended by an Act approved August 24, 1929, so

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as to prescribe the qualifications, powers, duties and authority of said board and its members: To fix the compensation of its members and employees: To designate the place of meeting and office: To fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes; so as to provide for a commissioner of public safety of the city of Augusta; to provide for the power and authority of said commissioner; to provide for his duties, for his election, the manner and method of discipline; to provide for elimination of certain officers in said department; to provide a salary thereof; and for other purposes (Georgia Laws 1941, pages 1076-1082); (181) the Act approved March 27, 1941, entitled An Act to amend an Act entitled `An Act to amend an Act entitled `An Act to amend an Act entitled: `An Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by An Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties, and authority of said Board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of removal of commissioners from office; to prescribe rules and regulations governing said Board; to fix the age limit of all firemen and policemen, including the Chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes; `as amended by an Act approved January..... 1940, so as to change the Status of the Secretary of the Civil Service Commission from that of Secretary of the Commission to Secretary of the Chief of Police of the City of Augusta; to amend Section 3 (n) of said Act as amended, so as to place

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the Chief, Captain and Lieutenants of Police in the same grade; to strike that portion of Section 4 of said Act as amended which provides for the vote of four members of said commission in order to discharge, discipline, demote or suspend the Chiefs of either department; to strike the rank of Lieutenant of Detectives from Section 3(n) of said Act; and for other purposes (Georgia Laws 1941, pages 1073-1076); (182) the Act approved February 16, 1943, entitled An Act to amend the charter of the City Council of Augusta incorporated as the City Council of Augusta, approved January 31, 1798 (Georgia Laws, 1798) as amended by an Act approved December 31, 1937 (Georgia Laws, extraordinary session, 1937, pages 938-943) as amended by Act approved February 19, 1941, pages 1071-72) and the several other amendatory acts thereof so as to provide furloughs for all officers and employees of the City Council of Augusta covered by said Acts, also including all regular firemen and policemen, while in the Armed Forces of the United States during the present war; to provide for their tenure of office during their absence and to provide for the time such officers and employees are in said Armed Forces to be included as time being served with said City of Augusta in computing the time of employment for retirement purposes; and for other purposes (Georgia Laws 1943, pages 1259-1263); (183) the Act approved February 16, 1943, entitled An Act to amend the Charter of the City of Augusta incorporated as the City Council of Augusta, approved January 31, 1798 (Georgia Laws, 1798, as amended by an Act approved March 16, 1939, Georgia Laws, 1939, pages 865-870), and the several amendatory Acts thereof, so as to authorize the establishment of post war reserve funds and to authorize the use of such funds in the replacement of worn out, depleted and obsolete equipment and property by said City; and or outright purchase of machinery, tools and rolling stock of every nature and for maintenance of public buildings and property of said City, as well as paving, repaving, repairing and improving of streets of the City of Augusta; and for other purposes (Georgia Laws 1943, pages 1263-1266);

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(184) the Act approved March 3, 1943, 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 the various amendatory acts thereof, so as to create a Board of Civil Service Commission for the city Council of Augusta, a Commissioner of Public Safety of the City of Augusta; and to prescribe the qualifications, powers, duties and authority of said board and its members; to prescribe the qualifications, powers, duties and authority of said commissioner of Public Safety; to fix the compensation of the members of said Board and the Commissioner of Public Safety; to fix the method of appointment and/or election of the members; to prescribe the method of procedure or removal of said Civil Service Commissioners from office; to prescribe the rules and regulations governing said Board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of the police and fire department and provisions in reference to their retirement; to provide for the election of said commissioner of public safety, also all other officers and employees of the police and fire departments of the City of Augusta; and for other purposes (Georgia Laws 1943, pages 1239-1256); (185) the Act approved March 4, 1943, 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), and the several amendatory acts thereof, so as to provide for recall to duty in any branch of the service of the City of Augusta any officer or employee, including members of Police and/or Fire Department, that may have retired from service under the various pension acts applying to the City Council of Augusta; to further define the persons who shall be entitled to pensions; and for other purposes (Georgia Laws 1943, pages 1256-1258); (186) the Act approved March 4, 1943, entitled An Act to repeal an Act entitled `An Act to create a Board of Civil Service Commission, for the City of Augusta in this State, to have entire control and management of the Police and Fire departments of said City, to define its powers

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and duties, and for other purposes'; approved August 5, 1913 (Georgia Laws, 1913, pages 612-18), as amended by an Act approved August 24, 1929 (Georgia Laws, 1929, page 852), as amended by an Act approved March 13, 1935 (Georgia Laws, 1935, page 897), as amended by an Act approved February 19, 1941 (Georgia Laws, 1941, page 1072-73), as amended by an Act approved February 19, 1941 (Georgia Laws, 1941, page 1076-1082) as amended by an Act approved March 27, 1941 (Georgia Laws, 1941, page 1073-1076), and all other amendatory acts thereof, so as to abolish the Civil Service Commission of the City of Augusta and all other offices and positions held under said acts; and for other purposes (Georgia Laws 1943, pages 1258-1259); (187) the Act approved February 23, 1945, entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta (Georgia Laws, 1798), as amended by an Act approved December 4, 1890 (Georgia Laws, 1890, page 459), so as to strike from Section 1 of the amendment to said charter approved December 4, 1890 (Georgia Laws, 1890, page 459) the word `Mayor' wherever it may appear, and to strike Section 3 of said amendment approved December 4, 1890 (Georgia Laws, 1890, page 459), so as to repeal said Section, and to provide for the Mayor of the City of Augusta to be eligible to succeed himself; and for other purposes (Georgia Laws 1945, pages 728-729); (188) the Act approved February 23, 1945, 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 an Act approved September 13, 1883 (Georgia Laws, 1883), said amendment being entitled `An Act to authorize the city council of Augusta to fix and regulate the salary of the Mayor of said city, and for other purposes', by striking from Section One of said amendment the words and figures `nor exceed the sum of $5,000.00', so as to repeal that part of Section One of said amendment; to repeal all laws in conflict herewith; and for other purposes (Georgia Laws 1945, pages 729-730); (189) The Act approved February 23, 1945, entitled

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An Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Georgia Laws, 1798), as amended by an Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), designated as `Augusta Charter Amendments', and as amended by the various other amendatory Acts thereof so as to strike and repeal from Section 11 of the Act approved March 3, 1943 (Georgia Laws, 1943, pages 1239-1256), the last sentence, which reads as follows: `That this Section shall not apply to officers of the Police Department or officers of the Fire Department; to provide for permanent rank of captain for drivers of the automobile of the Commissioner of Public Safety of the City of Augusta; to provide for leaves of absence in the Police and Fire Department in the City of Augusta so that members of said departments may accept other positions with the City Council of Augusta, and to provide for the pension rights of such members that may be granted leaves of absence for such purposes, and for other purposes (Georgia Laws 1945, pages 735-737); (190) the Act approved February 23, 1945, entitled An Act to provide that, while not fixing a ceiling, the minimum salaries or wages that shall be paid officers and men on the Police Department of the City of Augusta, shall not be less than those fixed on February 7th 1944; to repeal conflicting laws; and for other purposes (Georgia Laws 1945, page 779); (191) the Act approved March 6, 1945, entitled An Act to provide that, while not fixing a ceiling, the minimum salaries or wages that shall be paid officers and men on the Fire Department of the city of Augusta, shall not be less than those fixed on July 1st, 1944; to repeal conflicting laws; and for other purposes (Georgia Laws 1945, pages 865-866); (192) the Act approved January 31, 1945, entitled 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

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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 (Georgia Laws 1946, pages); and (193) Any other Act or portion thereof in conflict with the provisions of this Act. Section C. Transitional Provisions. Transitional provisions. (1) Abolition of Certain Offices. The offices of the commissioner of public safety, the city sheriff (as a separate position), the city registrar, the civil service commission, the auditorium commission, the levee commission, the recreation commission, the inspector of water works, the license inspector and special officer to the mayor, the mayor's secretary, the stenographer to the mayor, and the auditor are hereby abolished as of the first Monday of January 1948 at twelve o'clock noon. Offices abolished. (2) Termination of the Terms of Councilmen. The terms of the Mayor and members of the city council of Augusta in office at the effective date of this Act, excepting as provided in Section 2 of Chapter III hereof, are hereby terminated as of the first Monday of January 1948 at twelve o'clock noon. Mayor and Councilmen. Terms. (3) Continuance in Effect of Present Ordinances, ByLaws, Rules, Regulations, and Orders. All ordinances hitherto adopted by the city council of Augusta, and all by-laws, rules, regulations and orders legally made by any department, officer, board, commission or agency of the city, in force at the effective date of this Act and not in conflict therewith, shall remain in force until amended, repealed or superseded as provided in said Act. What present ordinances, etc., are continued.

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(4) Preliminary Meeting of Council. The council-designate, consisting of the seven councilmen elected at the regular city election of 1946, as provided in section 2 of Chapter III of this Act, shall meet on the first Tuesday in June 1947 at eight o'clock P.M. in the council chamber in the City Hall, for the sole purpose of appointing a city manager, a clerk of council, a city attorney, and three members of the personnel board, to hold office from the first Monday of January 1948, and of considering the preliminary drafts of ordinances necessary to effect the changes in the form of government of the city provided in this Act. The said meeting shall be called to order by the then clerk of council and the council-elect shall organize by electing one of its number to be acting chairman until the first Monday of January 1948, and by electing a secretary. It shall before adjournment fix the times at which subsequent meetings prior to the first Monday of January 1948 shall be held. The expenses of the council-designate, including the expenses of advertising for and receiving applications for the position of city manager and interviewing such applicants in Augusta and elsewhere shall be paid by the city on vouchers signed by the chairman. All actions by the council-elect shall be subject to ratification by the council at its first regular meeting on the first Monday in January 1948. Preliminary meeting of Council. (5) Preliminary Action by the Personnel Board. To facilitate the early appointment by the council-elect of the three members of the personnel board, the employee representative on such board to be first appointed shall be chosen from a list of three names submitted by a meeting of the employees entitled under the terms of this Act to become members of the classified service, to be called by the council-designate at any time after the first Tuesday in June 1947. Upon its appointment the personnel board shall forthwith appoint, as provided in section 2 of Chapter VIII of this Act, a special examining committee, and from the names certified by said committee an executive secretary to take office on the first Monday in January 1948 at twelve o'clock noon. Preliminary action by Personnel Board. (6) Preparation of the Budget for the Fiscal Year 1948. It shall be the duty of the comptroller in office on the first

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of October 1947 to proceed to assemble departmental and other requests for appropriations and necessary comparative data as required by this Act for use in the preparation of the budget for the year 1948, and to arrange the same as nearly as may be in the form and detail prescribed by this Act. Budget for fiscal year 1948. Section D. Severability. If any provision of this act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Act and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby. If a part of Act invalid. Section E. Adoption, Effective Dates. On the first Wednesday in May 1947 a referendum election shall be held in the city of Augusta for the purpose of submitting to the qualified voters thereof as hereinafter provided the question of the adoption of the provisions of this act. Said referendum election shall be held in the same manner as general elections for mayor and council are now held in said city and under the same laws, including sections 34-1914 and 34-1915 of the Code of Georgia, except as provided in this section. Half of the managers and clerks holding such referendum election in each ward shall be chosen by the mayor of the city, and the remainder jointly by the representatives from Richmond County in the Georgia House of Representatives. The expense of holding said referendum election shall be borne by the city and provision for paying the same shall be made by the city council thereof. Immediately after the effective date of this section, the city council shall make a contract with the board of commissioners of roads and revenues of Richmond County and the officer or officers of said county in charge of preparing lists of registered voters for county elections, whereunder said officer or officers, for a consideration to be fixed in said contract or, if the parties cannot agree, by arbitration pursuant to Chapter 7-2 of the Code of Georgia, shall prepare for each ward of the city a voters' list including the names of all persons residing in said ward who as of the date said list is closed are registered and qualified to vote in county elections, and no others. Said lists shall be completed and closed not later than the last Wednesday in April, 1947, and the clerk of council shall immediately thereafter publish said lists once as a paid

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advertisement in a daily newspaper published in the city, and no person shall be permitted to vote in said referendum election unless his name is on said list for the ward in which he votes. On that portion of the official ballot used in said referendum election which the voter marks shall be printed the words For city manager government, and immediately thereunder the words Against city manager government. Those favoring the adoption of this act shall mark out or strike the words Against city manager government. Those opposing the adoption of this act shall mark out or strike the words For city manager government. After the polls have been closed, the managers holding said referendum election at each polling place shall open the ballot boxes used thereat, and count the ballots therein; when they have completed counting the ballots in each box, they shall forthwith seal such ballots and their certificate of the count thereof in a package, plainly marked with the number of the box and ward, and transmit the same, together with a duplicate copy of such certificate, to a special meeting of the city council which shall be held at noon on the day following said referendum election to determine and declare the result thereof. This section shall take effect immediately, and if the majority of the votes cast at said referendum election be in favor of the adoption of this act, then the further provisions of this act shall take effect as follows: those of Chapter III relating to the election of councilmen, those of Chapter IX relating to pensions, and those of subsections (4), (5) and (6) of Section C shall take effect immediately upon such adoption; and all other provisions shall take effect at twelve o'clock noon on the first Monday in January 1948. Referendum. Procedure. Effective dates. Approved March 24, 1947. BULLOCH COMMISSIONERSSALARY; CLERICAL HELPAMENDMENTS. No. 86 (House Bill No. 24). An Act To amend Section 5 and Section 13 of an Act approved August 11, 1924, creating the Board of County Commissioners for the County of Bulloch, as amended by

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the Acts approved March 23, 1937, and the several Acts amendatory thereof, so as to increase the salary of the two members of said Board, provide the sum of fifteen hundred dollars ($1500.00) to the Chairman of the Board of County Commissioners for clerical help, and provide for the vesting in the Board of County Commissioners the right to provide additional help for the Clerk of the Superior Court of Bulloch County, to fix their salaries, and to raise the minimum salaries of his chief deputy clerk and assistants. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 11, 1924, creating the Board of County Commissioners of Bulloch County, as amended by the Acts approved March 23, 1937, and the several Acts amendatory thereof, be amended as follows: By striking from Section 5 of said Act the last sentence of Section 5 to-wit: The salary of the other two members of said Board shall be three hundred dollars ($300.00) per year, and inserting in lieu thereof the following: The salary of the other two members of said Board shall be five hundred dollars ($500.00) per year and provide that the Chairman of said Board shall have the right to expend the sum of fifteen hundred dollars ($1500.00) per year for clerical help, to be paid from the County Treasury, so that said Section 5 as amended by this Act shall read as follows: Acts of 1924 and 1937 amended. Salary, $500 per year; clerical help $1,500 per year. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the salary of the Chairman and Clerk of said Board shall be three thousand dollars ($3000.00) per annum. The Chairman and Clerk is hereby required to devote all his time to the duties of his Office, and at his own expense provide his means of transportation over the county. The salary of the other two members of said Board shall be five hundred dollars ($500.00) per year. The Chairman of said Board shall have the right to expend the sum of fifteen hundred dollars ($1500.00) per year for clerical help, to be paid from the County Treasury. Salary and help. Section 2. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 11, 1924, creating the Board of County Commissioners of Bulloch County, as amended by the Acts approved March 23, 1937, and the several Acts amendatory thereof be amended as follows: By adding to Section 13 of said Act the following: And to vest in the Board of County Commissioners the right to provide additional help for the Clerk of the Superior Court of Bulloch County, to fix their salaries, and to raise the minimum salaries of his chief deputy clerk and assistants, so that said Section 13 as amended by this Act shall read: Acts of 1924 and 1937 amended. Amended sec. 13. Be it further enacted by the authority aforesaid, that said Board shall have full authority to employ such overseers, agents, guards, and other employees as they may find necessary to properly carry on the public work of the County, and shall fix and pay the salaries of such employees by proper warrants upon the County Treasury. And to vest in the Board of County Commissioners the right to provide additional help for the Clerk of the Superior Court of Bulloch County, to fix their salaries, and to raise the minimum salaries of his chief deputy clerk and assistants. Board's authority as to employees. Additional help for Clerk of Superior Court; salaries. Section 3. Be it further enacted by the authority aforesaid, That the provisions of this Act shall be retroactive as of January 1, 1947. Act retroactive. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are, hereby repealed. Approved March 25, 1947. JASPER NEW CHARTERPRIOR ACTS SUPERSEDEDREFERENDUM. No. 87 (House Bill No. 247). An Act to amend, consolidate and supersede the several Acts incorporating the Town of Jasper, in the County of Pickens, State of Georgia, and all amendments in respect

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thereto; to create a new charter of said corporations; to provide for a municipal government therefor; to provide for a Mayor and Council, a Recorder and Recorder's Court; to define their powers and duties; to provide for the election of the Mayor, Council and Recorder; to provide for their oaths, terms of office, meetings and method of filling vacancies therein; to provide for their compensation; to define the method of holding all town elections, the appointment of election managers, their oaths and duties, and for their compensation; 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, Mayor Pro Tem; and recorder; 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, Town Policemen, Attorney and other officers, their oaths, bonds and for their compensation; 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 appearance 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 all persons owning property; 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 and other debts and obligations due said town by execution, levy and sale of property; to provide for an ad valorem tax on property in the town, and to define its limits; to empower said town to widen its streets, and open new streets; to provide for the removal of obstructions from streets, alleys or sidewalks, parks, squares or other public places in said town; to require railroad companies to make, repair,

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grade and pave all grade crossings in said town; to provide for the regulation of storage of explosives, and to prevent the sale or use of fireworks within the limits of said town, and to prevent the discharge of firearms at all times within said town, except in the defense of person or habitation, or the destruction of mad dogs or other public enemies; 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 of trade of any kind to purchase a license to do so, before beginning any such profession, trade or business, and to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the revocation of such licenses; to provide for the regulation of animals and for the power to impound and sell 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 and sidewalks 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, sewer or gas lines with town lines; to provide for the prorating of assessments; to provide for the costs and procedure of improving streets and sidewalks; to provide for a lien for all street and sidewalk improvements; to provide for the issuing of executions for street and sidewalk improvements and the levy and sale of abutting property thereunder; to provide for affidavits of illegality to street and sidewalk executions and the trial of such; to provide for street or sidewalk improvements abutting county property; to provide for a sewage and drain system for said town and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of sanitary lots; to authorize the town to maintain and operate a system of waterworks, and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties for failure so to do; to provide for a general policing of all police law; to provide for all matters and

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things necessary, proper or incident to a municipal corporation and the well-being of the inhabitants thereof; to provide for the passage of all necessary ordinances, regulations and orders, and for the extension of jurisdiction and territorial limits; to provide for condemnation of lands either within or without the limits of said town for water rights; to provide for the control of sewers and pipes of all kinds in said town; to provide for the collection of water and sewer taxes; to provide for a board of health, and to define a nuisance, and to provide for the removal and abatement of nuisances; to provide for fire districts, for the creation of a fire department, the purchase of fire engine and equipment; to provide for the construction of a town hall, fire station, or any other public building necessary or useful in carrying on the business of the town; to provide for the suppression of vice; to provide for executions in favor of said town for all debts or obligations due it by any person, firm of corporation, for water, lights, sewer rent, or other indebtedness of any kind whatsoever, including taxes and assessments of all kinds; to provide for the advertisement and sale of property thereunder, the execution of deeds to property sold, and the placing of the purchaser in possession; to empower said town to require all male citizens between the ages of 18 and 50 to work on the streets of said town, or to pay a commutation tax in lieu thereof, and to provide exemptions therefrom and for punishment of those failing to work streets or pay commutation tax; to provide for the regulations of the operation of trains and vehicles and their speed in said town; to provide for the prevention of idleness and loitering in said town; to provide for the collection of a tax on dogs, and to provide for the killing of all dogs running at large whose owner has failed to pay said tax; to grant zoning powers to said town, and authorize the Mayor and Council to enact ordinances to create restricted zones or districts, to provide for the classification thereof, and to prevent the use of real estate in such zones for certain purposes; to provide for the condemnation of private property within or without the limits of said town for public purposes; to authorize the Mayor and Council to acquire, construct, erect, build, improve and extend revenue producing projects

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of all kinds, 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 revenue therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities and to do all things and acts authorized by the Revenue Anticipation Laws of 1937, of this State, and Acts amendatory thereof; to provide for the full control over the streets, alleys, lanes and sidewalks, and parks of said town, by the Mayor and Council of said town, and to authorize them to require the removal of any obstruction placed therein by any person, or abutting property owner, at the expense of such person or abutting property owner, after notice given, or cause the same to be done, and to collect the costs of removal by execution; to provide that the present Mayor and Council who were elected on the first Saturday in December, 1946, for a term of two years, to hold office until the first Saturday in December, 1948, and until their successors are elected and qualified, and that all ordinances heretofore adopted and now of force, not in conflict with this Act, or the Constitution of the United States, or the State of Georgia, remain of force, subject to amendment or repeal by proper ordinance; to define the corporate limits of said town, to provide for a referendum vote by a majority of the legally qualified voters of said town, voting in said election, for the adoption or rejection of this charter, in a special election called for said purpose by the Mayor and Council of said town within 90 days after the approval of this Act by the Governor, to provide for the notice, time and place of holding same, the manner in which it shall be held; to provide for the repeal of all former Acts incorporating the Town of Jasper; to provide that if any portion of this Act shall be held invalid 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; to provide that all persons who are legally qualified voters may participate in the special referendum election called for the adoption or rejection of this charter, who reside within the new territory embraced

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in the extended corporate limits of said town, to repeal conflicting laws, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Jasper, County of Pickens, and State of Georgia, be and are hereby incorporated under the name and style of the Town of Jasper. Town of Jasper incorporated. Section 2. Said town shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, and all property, rights and easements within or without the corporate limits of said town shall be and remain vested in said Town of Jasper as created by this Act, and said town may in its corporate name sue and be sued, plead and be impleaded, have and use a common seal, make and enact through its Mayor and Council such ordinances, bylaws rules and regulations for the transaction of its business and the welfare and proper government of said town as may seem best, pursuant to this charter, and not in conflict with Constitution of the United States, the State of Georgia, or the laws thereof. Said town shall have the right and power to purchase, hold, rent, lease, sell or exchange any property, real or personal, within or without the limits of said town and for corporate purposes, and shall succeed to all the rights of and is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said Town of Jasper and its Mayor and Council as heretofore incorporated. General rights, powers, etc. Succession to preceding body corporate. Section 3. Be it further enacted, That the municipal government of the Town of Jasper shall consist of and be vested in a Mayor and five Councilmen; that said Mayor and Council shall have full power and authority to make and establish rules, laws, ordinances, regulations and orders as to them may seem proper respecting drainage, bridges, streets, sidewalks, railroad crossings, automobiles, and vehicles of every character, livery or sales stables, airships, warehouses, sleeping apartments, restaurants, cafes, operahouses, theatres, picture shows, all kinds of shows and circuses, and all other places of amusement, storehouses, markets,

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garages, shops, mills, ginneries, factories, barbershops, soda founts, telegraph, telephone and electric and gas companies, filling stations, business establishments, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary, proper or incident to good government of said town, and to the peace, security, health, protection or convenience of the inhabitants thereof, and for the preservation of peace and good order; and said Mayor and Council shall have full power and authority to pass all laws and ordinances necessary to preserve order, suppress crime and immorality in said town, not in conflict with the Constitution and Laws of the United States or the State of Georgia, and to prescribe punishment for the commission of different acts of crime and violations of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor and Councilmen. Powers. Section 4. Be it further enacted, That the Town of Jasper shall have a Police Court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the Mayor and Council of said town. It shall be optional with the Mayor and Council whether they shall have the Mayor as presiding officer of this court or whether they will elect a Recorder and make him the presiding officer of the court; power and authority is hereby given to the Mayor and Council to elect a Recorder for such duty if they so desire. The presiding officer of the Police Court shall have jurisdiction and authority to try all offenders against the laws and ordinances of the Town of Jasper, and to punish for violations of the same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish by imposing fines for violations of any law or ordinance of the Town of Jasper, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to imprison offenders in the common jail for a period of not more than ninety days, or sentence

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such violators to labor on the streets or other public works of the town, either or all, in the discretion of the Court, the presiding officer of the Police Court shall have power to preserve order in the court, compel attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt, provided said punishment shall not exceed twenty-five dollars, or imprisonment in the common jail for more than ten days, or not more than ten days labor on the streets, or public works. Police Court. Presiding officer. Section 5. Be it further enacted, That the Mayor or Recorder whichever presides in Police Court shall be to all intents and purposes a Justice of the Peace so as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrant may be executed by the Town Marshal or any Policeman of said town anywhere within the limits of this State any person charged with violating any of the ordinances of said town, or the laws of this State, to the same extent as Sheriffs of this State. In the absence of the Mayor, Mayor Pro Tem, or Recorder, any member of Council may preside in Police Court, try any person for a violation of the ordinances of said town, and impose penalties within the limits prescribed for punishment of such offender, and may also act as Justice of the Peace in issuing warrants as provided herein against persons charged with the violation of any ordinance of said town, or the laws of this State. The Town Marshal or any Policeman may take bonds for the appearance of any person arrested by them, for appearance before the Police Court for trial, and all such bonds may be forfeited as hereinafter provided for foreitures of appearance bonds by the Mayor, Mayor Pro Tem, Recorder, or any member of Council presiding in Police Court, in the absence of either of the above named officials. His powers. Trials. Warrants, arrests, bonds, forfeitures. Section 6. Be it further enacted, That the present Mayor and Council of said Town of Jasper who were elected on the first Saturday in December, 1946, for a term of two years, shall continue in office until the first Saturday in December, 1948, and until their successors are elected and qualified, and shall exercise all the powers and authorities conferred by this charter. Former town officers continued. Section 7. Be it further enacted, That on the first Saturday

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in December 1948, and biennially thereafter, there shall be elected a Mayor and five Councilmen for said town, to serve two years, commencing on the first day of January next after their election, and until their successors are elected, or appointed and qualified as herein provided. Before entering upon their duties, the Mayor and Councilmen shall severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to-wit: I do solemnly swear, or affirm, that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor; so help me God. Said Mayor and Council shall hold monthly meetings, and may hold special or called meetings, as the business of the town may require, and pass ordinances at said called meetings, provided notice is given to all members of Council of the time of said meeting, and the Mayor and three members of Council shall constitute a quorum for the transaction of all business. Elections, Mayor and Councilmen. Term. Oath. Meetings. Section 8. Be it further enacted, That in the event of a vacancy in the office of Mayor or any member of Council, 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 a vacancy in the Council, and by the Councilmen in the case of a vacancy in the office of Mayor, and the persons so selected shall be duly qualified to fill such vacancies. Vacancies. Section 9. Be it further enacted, That all election of officers under this charter, and all elections in which any subject or question is submitted to the qualified voters of said town, shall be managed by any three freeholders, citizens of said town, and said managers before entering on their duties shall take and subscribe before some officer authorized 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 not prevent any one from voting who is entitled to do so according to law, and prevent all legal voting, to the best of our skill and power, so help us God. Said elections to be held under the general election laws of this State. The polls to be opened at 7 o'clock, a.m., and closed at 6 o'clock, p.m. The managers of all elections held under this Charter shall be

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appointed by the Mayor and Council, and shall be paid the sum of $3.00 per day, each, out of the general funds in the treasury for their services, and they shall be allowed not exceeding three clerks, who shall be paid a like sum. A majority vote shall be necessary to elect any officer, or to carry any issue submitted to the voters of said town, and the result shall be immediately declared by the election managers after counting all ballots cast on the day of such election. In the event of a tie, another election shall be called by the Mayor and Council within five days. Election procedure. Managers. Section 10. Be it further enacted, That it shall be the duty of the Town Clerk to keep open each and every day of the week, (except Sundays and legal holidays) until twenty days prior to any regular or special election of said town, a registration book for the registration of qualified voters who have resided in said town for 30 days prior to such election, when said registration book shall be closed until the holding of such election, when it shall again be opened and kept opened until another general or special election is held, and shall be closed 20 days before the holding of any such election, as above provided. No person shall be permitted to register after the closing of said book until after such election shall have been held. Said clerk shall then turn over said registration book to the registrars appointed by the Mayor and Council, who shall meet and make up from said book a list of the qualified voters of said town, who are qualified to vote in such election. The registrars shall exclude all persons not qualified to vote for members of the General Assembly of this State, and shall make a voters list from said book of all persons qualified to vote according to the laws of Georgia, and 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 deliver same to the Clerk of said town, who shall deliver same to the election managers so selected to hold such election by seven o'clock, a. m., on the morning of such election, and no person shall be permitted to vote in such election unless his or her name appears on said registration list, unless such voter shall produce a certificate signed by the registrars that his or her name was omitted from said voter's list by mistake or accident. Provided that all persons shall have the right of appeal from the decision of the Board of

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Registrars within five days to the Mayor and Council, after their names are stricken from said voter's list, and provided further that all persons whose names are so stricken from said voter's list be served with notice, in person by the town marshal or police, or by leaving same at the residence of said person, at least five days before the completion of said voter's list. Town Clerk. Registration. Procedure. Section 11. Be it further enacted, That said Mayor and Council shall select and appoint three registrars, who shall be qualified voters in said town. It shall be their duty to prepare a list of the registered and qualified voters of said town and furnish same to the clerk as heretofore provided. Such registrars shall take and prescribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said to be taken before an officer authorized to administer oaths, or before each other. They shall be paid the sum of three dollars a day each, and not exceeding three clerks, who shall be paid a like sum out of the general funds in the treasury, for their services in making up said registration list. They shall hold office for such term as said Mayor and Council may provide. Registrars. Section 12. Be it further enacted, That said Mayor and Council shall elect a town clerk and treasurer, a marshal, police a city attorney and such officers as the Mayor and Council shall deem necessary for the government of said town. Each of said officer shall take oaths, perform such duties, and when required to give such bonds as the Mayor and Council may prescribe; provided, that all bonds of officers shall be made payable to the town of Jasper. Said Mayor and Council shall receive as compensation for their services the sum of five dollars each for all regular and called meetings, and may by ordinance provide such salary or compensation of any officer or employee of said town to be paid out of the general treasury of said town. All expenditures of the Mayor and Council for town purposes shall be paid out of the general funds by an order drawn by the town clerk, after the Mayor and Council have allowed the same. Town Clerk and Treasurer, Marshal, Police, City Attorney. Oaths, bonds. Compensation to officials. How expenditures paid. Section 13. Be it further enacted, That the Mayor and three Councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. Mayor and Councilmen. Quorum, votes.

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Section 14. Be it further enacted, That all persons owning property in the town of Jasper shall be required to make a return under oath, annually, to the Board of Tax Assessors of said town, of all their property, real and personal, subject to taxation by said town, as of April 1st each year; and the books for recording same shall be opened 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 returns. Section 15. Be it further enacted, That the Mayor and Council of said town shall appoint annually, on or before their first regular meeting in March, three freeholders residing in said town, as a Board of Tax Assessors of said town, and shall pay said Tax Assessors three dollars per day each, for each day actually spent in the performance of their duties. Vacancies on said board may be filled by the Mayor and Council as they occur. 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 their duty to assess the value of real estate and personal property subject to taxation by said town at its fair market value; and to examine the tax returns filed by the property owners of said town with the town clerk, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return filed with the town clerk is too small. If any person, firm or corporation fails to make return of any of his, her or its real estate or personal property as herein 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 complete their work within thirty days after the close of the books for receiving the returns by the town clerk, unless additional time is granted by the Mayor and Council; Upon completion of their work, said assessors shall appoint a time and a place for the hearing of objections to their assessments, and shall give notice to all persons whose property valuation has been raised or double taxed five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said town shall be served by mailing notice to them five days

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before said hearing, and non-residents shall be given notice by mail at their known address. Tax Assessors. Duties. Procedure. Section 16. 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 Council of said town, Provided, said appeal be filed in writing with the clerk of said town within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which the same has been assessed, and the fair market value as claimed by the appellant; said appeal shall be heard by said Mayor and Council at their next regular meeting, unless continued for cause, and their decision shall be final. The Mayor and Council of said town shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessors, if in their opinion it is returned and assessed below its fair market value. Appeals from assessments. Section 16. Be it further enacted, That said tax book so made up by said Board of Tax Assessors shall be filed by them in the office of the Clerk of said town when completed, and remain open for the payment of taxes due said town every day in the week, (except Sundays and holidays) and shall be closed on December 20, each year, when tax executions may be issued by said town Clerk for all unpaid taxes as of that date, against the person, firm or corporation owing said tax. All tax executions shall bear test in the name of the Mayor of said town and be signed by the Clerk, and the Marshal, or other police officer of said town, shall have authority to execute the same by levy and sale in the same manner as sheriff's sales of real estate, and constables' sales of personal property under the laws of this State for State and County taxes. In case of sale of real estate, the owner shall have the privilege of redeeming same upon the same terms as provided by law for redemption of the sale of lands for non-payment of State and County taxes under the laws of Georgia. The Town Clerk shall keep an execution docket and enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said executions shall be returned

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to the office of said Clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the power the same as sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Tax book, payments. Executions. Sales. Redemption. Clerk's duty. Effect of sales and conveyances. Section 17. Be it further enacted, That the Mayor and Council shall have authority to levy and collect taxes annually upon all property, real and personal within the limits of said town, as may be deemed necessary for the support of the town government not exceeding twenty-five mills, exclusive of license, occupation, and other special taxes or charges for which provision is made in this charter. Tax levy and collection. Annual limit. Section 18. Be it further enacted, That the Mayor and Council shall have power and authority to enforce by execution the collection of any debt or claim due said town for taxes, sewer rents, water, lights, paving, license, rents, fines and forfeitures, laying water or sewer mains or drains, for abating nuisances, and for all levies, assessments, debts and demands due said town. Said executions shall be issued in the name of the Mayor and directed to the Marshal of said town, who is authorized to levy and conduct sales in accordance with the laws governing sheriff's sales in Georgia, such sale to be held at the usual place of holding sheriff's sales, and shall be as effective to pass title as the deed of the person against whom the execution issued. Said town may buy property sold under execution under the same terms and provisions as is provided in the purchases by counties and the State of Georgia tax sales. Collections by execution of debts due Town. Town may buy property in. Section 19. Be it further enacted, That said Mayor and Council shall have authority to require any person, firm or corporation, whether resident or non-resident of said town, engaged in or carrying on, or who may engage in or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves, or agents, to register their names and business, callings, vocations or professions, annually, and to require them to pay a license to engage in, prosecute or carry on such business, calling, vocation or profession in such amount as said Mayor and Council may by ordinance prescribe, and may provide by

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ordinance for the punishment of all persons, firms or corporations required by ordinance to pay such occupation tax, or license, who engage in, or offer to engage in such business, occupation or profession before registering and paying such tax or license, or who fail to comply in full with all the requirements of such ordinances. Business and professional registration. License, occupation tax. Punishment. Section 20. Be it further enacted, That said town of Jasper is authorized to own and operate a system of waterworks for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have power and authority to purchase, maintain, equip, repair, and extend such system of water works, sewage, electric power or lights, gas systems, all or any of them, and shall have full power to do any and all things necessary for these purposes; to contract with persons, firms and corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the town of Jasper, whether said lands or easements be within or without said town, and, if necessary, to condemn the same herein provided according to the laws of Georgia; they shall have power to purchase water tanks, valves, drains, mains, pipes, plants and machinery and all articles and things necessary or advisable for the establishment, equipment, and extension or enlarging and in any way improving such water system, sewer or gas system, or power or electric light system, to bore wells, erect or build plants, houses, sheds or other structures and furnish the same, and to make contracts with the residents of said town and with consumers whether residents or non-residents of said town, for furnishing water, electric lights, power, gas, sewage, or any or all of such services, at such rates and under such rules and regulations as the Mayor and Council may provide. Said Mayor and Council shall also have the power to contract with any person, firm or corporation to light the streets of said town, or the furnishing of any or all of the above described services to such consumers as previously described, under such terms, rules, regulations, conditions and limitations as they may prescribe, and such contracts shall be enforceable in the courts of the State. Said Mayor and Council shall have authority to fix a scale of rates for such services, make and enforce rules for collection of rates; adopt rules and regulations

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with the introduction of water, sewage, gas, power and lights into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have power to furnish, place and compel the use of meters, and prescribe the kind, make and use of same on the condition of furnishing such services, and through their agents or servants to inspect all pipes, meters and other apparatus at any time, and may require payment in advance for use or rent of water, sewage, gas, power, light, or other services so furnished by the town, and for non-payment, when due, they may discontinue to furnish such services. Collections for any or all such services may be enforced by issuance of execution, levy and sale, as provided for collection of Town tax. Water works, sewers, gas, electric lights, etc. Powers of Town and of Mayor and Council. Rules and regulations. Rates, payment, collection. Section 21. Be it further enacted, That the Mayor and Council shall be vested with full authority to condemn property within or without the limits of said town, necessary for public purposes, in accordance with the method of procedure of condemnation of property provided by the laws of Georgia. Condemnation of property. Section 22. Be it further enacted, That said Mayor and Council shall have power to require by ordinance that all male citizens residing in said town between the ages of eighteen and fifty, who have resided therein as long as thirty days, (except those who are exempted in Section 23 of this Act) to work on the public streets of said town not to exceed fifteen days in each year, at such time as the Mayor and Council may require, or to pay a commutation tax in lieu thereof, not exceeding five dollars in any one year, as they may determine by ordinance. Should any person liable to work on the streets fail or refuse to pay the street tax assessed, and fail or refuse to work on the streets in lieu thereof, after having received due notice to do so, as required by ordinance, he shall be deemed guilty of a violation of this section, and on conviction in the Police Court of said town, shall be fined not exceeding fifteen dollars, or imprisoned not exceeding twenty days, as such ordinance may provide, for the purpose of enforcing the provisions of this section. Work on streets, or commutation tax. Penalty. Section 23. Be it further enacted, That all ordained ministers of the Gospel, who are in the regular discharge

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of ministerial duty, and in charge of one or more churches; and all persons who have lost one arm or one leg; and all who are either deaf, dumb or blind, either totally or partially to the extent that they are unable to perform street work, shall be exempt from the provisions of the preceding section. Persons exempted. Section 24. Be it further enacted, That said Mayor and Council shall have the power to control and regulate the running and operation of all automobiles, trucks, busses, locomotives, trains and all vehicles of every kind, including airplanes, and the manner of their operation, for the safety and persons and property within the limits of said town, as to speed or otherwise, and to provide for the punishment of violations of such ordinances, to prevent unnecessary noises from steam whistles, automobile horns, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt ordinances for these purposes. Control of automobiles, trains, etc. Speed, safety. Penalties. Section 25. Be it further enacted, That said Mayor and Council have power to pass all laws and ordinances that they deem necessary for the good order, peace, health and comfort of the citizens of said town, and to prevent idleness and loitering, and to suppress lewdness, gambling, disorderly conduct, and to regulate the storing of all combustible or explosive material or substance, and to prevent the sale or use of fireworks of all kinds, and to prevent the firing of guns, pistols or other firearms within the corporate limits of said town, except in defense of person or habitation, or the destruction of mad dogs or other public enemies. General welfare and other powers. Firearms, fireworks, etc. Section 26. Be it further enacted, That the Mayor, Mayor Pro Tem., or any member of Council presiding in the absence of the above named officers, when any person is arraigned before the Police Court, charged with the violation of any ordinance 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 time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the Mayor, Mayor Pro Tem., or Councilman presiding and an

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execution issued thereon by serving the defendant if to be found, and his sureties with a rule nisi, at least two days before the hearing of said rule nisi. The Mayor, Mayor Pro Tem., of Councilman presiding or acting shall also have power and authority to accept cash in lieu of bond and security for the appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the Town of Jasper. Police Court procedure. Section 27. Be it further enacted, That any person convicted before the Mayor or other presiding officer of said Police Court, may enter an appeal from the judgment of said court to the Board of Councilmen; Provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment in the case, which bond must be approved by the Clerk or Marshal, or other police of said town. The said Councilmen shall as early as practicable thereafter, hear and determine said case so appealed, de novo, and shall have power to decrease, or increase the fine imposed by the Mayor, or other presiding officer of said Police Court, if they find the defendant guilty, in their discretion. Any person convicted by said Councilmen on the appeal shall have the right to certiorari to the Superior Court of Pickens County, Georgia, 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 desiring to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving bond and security and the payment of costs, and provided further, the appellant failing to give the bond and security may, in the discretion of the presiding officer of said Police Court, be placed in the common jail of said county to await the final judgment of the appeal mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said town before said Police Court, from certioraring the proceedings directly to the Superior Court in all cases where certiorari will lie from the judgment of the Justice of the Peace in civil actions

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under the rules of law governing such cases. Appeals from convictions. Procedure. Certiorari Section 28. Be it further enacted, That said Mayor and Council shall have power to prevent livestock from running at large in said town, and regulate or prevent the keeping of hogs within the limits of said town, and the manner in which they may be kept if allowed to remain. Also to impound animals, when found upon the streets of said town, and to charge such fees for keeping same as they may by ordinance provide, for such animals so impounded. Also when the owner of such animal fails or refuses to pay the impounding fee and the keep of such animal, said animal may be sold at public outcry at the usual place of sales at the courthouse door of said county in said town, and the proceeds applied to the payment of said impounding fee and the cost of keeping said animal, under such rules and regulations as may be prescribed by said Mayor and Council. Livestock; control, impounding, sale. Section 29. Be it further enacted, That said Mayor and Council of the Town of Jasper shall have full control over the streets, sidewalks, alleys and lanes of said town, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the same, and the grading of the same, and to condemn property for such purposes under the general laws of this State. They shall also have power to remove or cause to be removed, any building, post, steps fence or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares of said town. Upon failure of the person placing any of said obstructions therefrom, or the abutting property owner, to remove the same after notice has been given, all costs of removal shall be paid by the person creating such obstructions, or the abutting property owner, and an execution may be issued therefor in such manner as may be prescribed by ordinance. They shall also have power to regulate the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, tents, telegraph, telephone and power poles on the streets, sidewalks and public places in said town; and where any telegraph, telephone or power poles have previously been erected and interfere with traffic in any manner, to remove same to any reasonable location designated by said Mayor and Council, and upon failure

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of said telegraph, telephone, power or electric company to remove same within ten days after having been notified to do so, said town authorities shall have the right to remove same at the expense of said company, and collect the costs of such removal from such company by execution. Streets, sidewalks, etc. Control, powers over. Obstructions, nuisances. Signs, poles, etc. Section 30. Be it further enacted, That said Mayor and Council shall have authority to require any railroad company running railroads through said town, or any portion of it, to make and repair such crossings on their several railroads whenever and in such manner as deemed necessary; to replace or repair said crossings, or open up and keep open any and all streets in said town; and pass such ordinances necessary for carrying out this provision of this section, and in case any railroad company shall fail to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so, by said town authorities, said Mayor and Council shall have power create and make same across such railroads and repair the same at the expense of said railroads, and may issue an execution therefor, and levy and collect the same as provided in case of tax executions. Railroad crossings. Requiring repairs, etc. Section 31. Be it further enacted, That the Mayor and Council shall have power to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way changing the street lines and sidewalks of said town, whether the lands to be condemned is in the hands of owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive, of the Georgia Code Annotated, and Acts amendatory thereof. Condemnation of property. Section 32. Be it further enacted, That said Mayor and Council shall have power to improve any street, sidewalk or other public place in said town, by grading, 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 costs of the same in the manner and proportions hereinafter set forth. Town improvements. Section 33. Be it further enacted, That two-thirds of the total cost of grading, paving, repaving or improving a

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street or sidewalk or any portion thereof in said town shall be assessed against the owners of the property abutting on said street or sidewalk or portion thereof so graded or paved, repaved or improved or reimproved, and the other one-third of such cost shall be paid by said town; provided, however, that when said streets or sidewalks in said town shall be so improved when it is necessary to use curbing, it shall be deemed and considered as a part of such street or sidewalk and the cost of the same shall be assessed against the abutting property owner on the basis provided for in this section. All corners of sidewalks in said town, and the curbing thereon, shall, for the purpose of assessment, be deemed and considered as abutting on corner lots or tracts. Assessment against abutting owners. Curbing, sidewalk corners. Section 34. Be it further enacted, That all necessary drains, manholes, catch-basins, drain pipes, culverts, and other openings, together such engineering, surveying and grading as it may be necessary to do in or upon any street or sidewalk or other public places shall be considered as a part of the total cost 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 such paving or improving and shall be assessed accordingly against the owners of abutting property as provided in this Act. What is part of paving or improving cost and expense. Assessment. Section 35. Be it further enacted, That the assessment against each owner of abutting property under the provisions of this Act shall be prorated 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 or other public places directly in front of such owner or abutting property so paved or improved, and shall be a lien against such property from the date of the ordinance authorizing such improvement, and the Clerk of said town is authorized to issue executions bearing test in the name of the Mayor and Council of said town and specifying the improvements for which it issued the owner and also against the property abutting on the streets or sidewalks, or other public places, or portions 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

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at the rate of seven per cent per annum until paid, and said property may be sold by the Marshal or other police officers of said town in the same manner as sheriffs sales are conducted under the laws of Georgia, and the officer selling same shall place the purchaser in possession as in the case of sheriff's sales, and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as provided by law, and said Marshal shall have authority to execute deeds to the purchaser. At any such sale the Town of Jasper shall have the right to purchase any lands so sold as provided by law in cases of tax sales purchased by counties. Any defendant in execution or any owner of property against which the same is issued shall have the right to file an affidavit of illegality, as provided by law in cases of other executions, which shall be returnable to and tried in the Superior Court of Pickens County, Georgia, with the right of appeal to the Supreme Court as in other cases. Assessment; procedure, lien, executions. Sales; bidding, title. Affidavit of illegality. Section 36. Be it further enacted, That all real estate owned by Pickens County, Georgia, the Jasper School District, or other subdivision or political unit of this State shall be subject to assessment for street or sidewalk improvements, the same as in the case of an individual owner, and all the provisions of this charter relating to lands owned by an individual shall apply in like manner to lands owned by Pickens County, Jasper School District and other political subdivisions of Georgia, located within the limits of the Town of Jasper, including lands owned by the Board of Education of Pickens County, Georgia. Real estate of County, etc., subject to assessment for improvements. Section 37. Be it further enacted, That said Town of Jasper, by and through its Mayor and Council, shall have power and authority to acquire, construct, reconstruct, build, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue

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Anticipation Law of 1937, of this State, and Acts amendatory thereof. Powers as to revenue-producing systems. Section 38. Be it further enacted, That it shall be the duty of said Mayor and Council of said town to provide fire protection and they shall have power and authority to purchase a fire truck, engine and equipment, and organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and to provide any building necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire protection. Section 39. Be it further enacted, That said Mayor and Council shall have authority to pass and enforce zoning laws or Districts, and planning laws with respect to said town and shall have power to regulate the use for which said zones or Districts may be set apart, fixed and established, or 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 enact such ordinances, rules and regulations with respect thereto as the general welfare, public health and public safety may demand. They shall have power to promulgate rules, regulations and ordinances whereby the Town of Jasper, Georgia, may be zoned and districted for various uses, and other or different uses prohibited therein. The zones into which said town is divided may be of such shape and area as the Mayor and Council may deem best suited in the interest of the public health, safety and comfort, prosperity and general welfare of the inhabitants of said town. Zoning, planning and districting. Section 40. Be it further enacted, That said Mayor and Council shall have power to impose a tax on dogs within said town, not to exceed three dollars per annum, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the town Marshal, or other police of said town to kill any dog running at large in said town whose owner fails to comply with such ordinances. Dog tax. Section 41. Be it further enacted, That said Mayor and Council shall have power to grant franchises, easements and rights of way over, in under and on the public streets, parks or other public places on such terms and for such time as they deem best. Franchises, easements, etc.

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Section 42. Be it further enacted, That said Mayor and Council may provide by ordinance 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 they may provide. It shall be their duty to visit every part of said town, and to report to the Mayor and Council all nuisances which are likely to endanger the health of the inhabitants of said town, and said Mayor and Council shall have power, upon the report of said Board of Health, to cause such nuisance to be abated in a summary manner at the expense of the party owning such property upon which the same may be located, as the Mayor and Council may elect, and execution may issue against said property to collect the expense of removal of such nuisance, which may be collected by levy and sale as other executions are collected. Board of Health. Nuisances. Section 43. Be it further enacted, That said Mayor and Council may by ordinance declare what shall constitute a nuisance in said town, and provide for the abatement of the same, in the interest of the public health, safety or comfort. Nuisances, power of Mayor and Council. Section 44. Be it further enacted that the corporate limits of the town of Jasper shall extend three-fourths of a mile in all directions from the center location of the Pickens County Courthouse site, the building on which was recently destroyed by fire. The corporate limits of the town of Jasper may be extended under the provisions of the Act approved January 31, 1946, Georgia Laws 1946, page 130, at any time or by a referendum. In the event the corporate limits are hereafter changed by a referendum, the referendum shall be called at a date determined by the governing authorities of the town, which date shall be after a period of at least thirty (30) days in which the purpose of the referendum shall be clearly and distinctly publicized in not less than three (3) weekly publications in a newspaper published in said city, and if there is no newspaper published in said city, then in the paper in which sheriff's sales are published. When the corporate limits are extended by referendum, the election laws applicable to the election of members of the General Assembly shall control. The ratification of the extension of the corporate limits of said city must be approved by a majority of the voters voting in said

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referendum and all qualified voters in the corporate limits of the city and in the new territory to be annexed shall be eligible to vote. Corporate limits. Future extension; referendum. Section 45. Be it further enacted, That all ordinances heretofore adopted by the Mayor and Council of said town, which are now of force, and not in conflict with the Constitution of the United States, or the State of Georgia, shall remain in full force and effect, subject to amendment or repeal as the Mayor and Council may by ordinance provide. What prior ordinances remain in force. Section 46. Be it further enacted, That in the event any article, section, paragraph or provision of this Act, or any portion thereof, in whole or in part, 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. If part of Act illegal. Section 47. Be it further enacted, That this Act shall not become effective until approved by a majority vote of the legally qualified voters of said town voting in a special referendum election called for such purpose by the Mayor and Council of said town, within 90 days of its approval by the Governor, of which election publication of notice of the time and place of holding same in the local newspaper published in said town, and posted at three public places in said town, at least 20 days prior to the date of holding said election, and provided further, that all legally qualified persons entitled to vote for members of the General Assembly of Georgia shall be allowed to vote in said election as other qualified voters of said town. Said election to be held under the same rules and regulations as elections are held for members of the General Assembly of Georgia. The ballot to be used in said election shall read as follows: For adoption of the new charter for the town of Jasper, and Against the adoption of the new charter for the town of Jasper and if a majority of the voters of said town, voting in said election, shall vote in favor of the adoption of this charter, the same shall become effective, and if a majority of the qualified voters in said town shall vote against the adoption of said charter, then same shall be of no affect and must be considered null and void. Referendum. Section 48. Be it further enacted, That all laws and parts of laws in conflict with this be, and the same are,

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hereby repealed, and that all Acts of the General Assembly of Georgia heretofore passed incorporating the town of Jasper, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act be, and the same are hereby repealed. Approved March 25, 1947. GARBAGE DISPOSAL FUNCTIONSTRANSFER IN CERTAIN COUNTIES. No. 88 (Senate Bill No. 79). An Act To provide that in every county in this State having a population of 200,000 or more inhabitants by the United States Census of 1940, or any future United States Census, and in which the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof, shall now or hereafter maintain one or more or any number of garbage disposal districts or areas in any part or all of the unincorporated territory of such county, said Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof, shall have power by resolution to direct that recommendations be made concerning said garbage disposal districts, number thereof, extent of each, assessments to be levied for the maintenance thereof and for garbage disposal service, change of assessment and relocation and consolidation of districts, by the Board of Health, Health Department, or Health Officer, of said county, or such other county officer, department, or employee as said Board of Commissioners or said other county authority may designate; to require that such recommendations be made when directed; to provide that in every such county in which said Board of Commissioners or said other county authority shall have laid out and defined one or more or any number of garbage disposal districts or areas and levied an assessment for the maintenance thereof, said Board of Commissioners or said other county

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authority shall have power to direct that the operation and maintenance of garbage disposal within said garbage disposal districts or areas be performed and carried out by the Board of Health, Health Department, or Health Officer of said county, or such other county officer, department or employee as said Board of Commissioners or such other county authority may designate; to provide for annual recommendations to said Board of Commissioners or other county authority by such Board of Health, Health Department, Health Officer, of such county, or county officer or employee directed to operate and maintain garbage disposal, as to assessments, consolidation and relocation of districts, and laying out and defining new districts; to repeal conflicting laws, and for other purposes. Section I. 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 every county in this state having a population of 200,000 or more inhabitants by the United States Census of 1940, or any future United States Census, and in which the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof, shall now or hereafter maintain one or more or any number of garbage disposal districts or areas in any part or all of the unincorporated territory of such county, said Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof, shall have power by resolution to direct that recommendations concerning said garbage disposal districts, the number thereof, the extent of each, assessments to be levied for the maintenance thereof and for garbage disposal service, change of assessment and relocation and consolidation of districts, be made to said Board or said other county authority by the Board of Health, Health Department, or Health Officer, of said county, or such other county officer, department, or employee as said Board of Commissioners or said other county authority may designate; and when such recommendations are directed to be made they shall be made as required. Counties where effective. Powers of County Commissioners. Change of duties. Section II. Be it further enacted by the authority aforesaid, that in every such county in which said Board of

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Commissioners of Roads and Revenues or other county authority in charge of roads and revenues thereof, shall have laid out and defined one or more or any number of garbage disposal districts or areas in any part or all of the unincorporated territory of said county and levied an assessment for the maintenance thereof, said Board of Commissioners or said other county authority shall have power by resolution to direct that the operation and maintenance of garbage disposal within said garbage disposal districts or areas be performed and carried out by the Board of Health, Health Department, or Health Officer, of said county, or such other county officer, department or employee as said Board of Commissioners or said other county authority may designate; and when directed by such resolution, it shall be the duty of such Board of Health, Health Department, Health Officer or county officer or employee, to operate and maintain the same, with all power and authority in the premises conferred by said resolution. Functions to be performed by Board of Health, etc. Duty to maintain functions. Section III. Be it further enacted by the authority aforesaid, that when said Board of Commissioners or other county authority shall have directed the operation and maintenance of garbage disposal as above provided in Section II hereof, it shall be the duty of such Board of Health, Health Department, Health Officer, or county officer or employee, directed to operate and maintain garbage disposal, annually to make recommendations to said Board of Commissioners or other county authority as to the assessments to be levied, consolidation or relocation of garbage disposal districts or areas, and laying out or defining new districts or areas; and these annual recommendations shall be made without resolution or direction from said Board of Commissioners or said other county authority. Annual recommendations to Commissioners. Section IV. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947.

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CHIEF OF POLICE IN CERTAIN COUNTIES. No. 89 (Senate Bill No. 78). An Act, To provide that in all counties in this State having a population of 200,000 or more by the United States census of 1940 or any future United States census, there is established the position of Chief of Police; to provide for the appointment or election of such Chief of Police, his powers, authority and responsibility, his salary, the manner of filling vacancies in such position, the method of removal, the trial of charges against him, the term of any person holding the office of and recognized by the County authorities as Chief of Police or elected pursuant to the provisions of this act; to repeal conflicting laws; to amend the act approved August 17, 1914 (Georgia Laws 1914 p. 142) entitled An Act to authorize the counties of this State, having any number of population, to elect or appoint county police, to levy a tax for the expense thereof, and to define the duties of such police, and for other purposes, by providing that Section 7 thereof shall not apply to the position of Chief of Police in counties having a population of 200,000 or more by the United States census of 1940 or any future census, and that the Chief of Police in such counties shall be removed only for cause as provided in this Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the following provisions shall apply to and in all counties in this State having a population of 200,000 or more by United States Census of 1940 or any future United States Census. Counties where applicable. Section I. There is hereby established in all of the aforesaid counties the position of Chief of Police of the County Police Department. The Chief of Police shall be the chief executive officer of the Police Department and shall have full power and authority over the management and conduct of said police department, and shall have the responsibility for the operation of said department subject to the laws of the State and the rules and regulations now in effect or hereafter adopted by the Board of Commissioners of Roads and Revenues of said counties or such other governing authority as may be in effect in said counties. Chief of Police of County Police Department. Power and responsibility.

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Section II. Any person holding the position of and recognized by the Board of Commissioners of Roads and Revenues as Chief of Police of any county within the provisions of this Act, or elected Chief of Police pursuant to this law, shall hold the office of Chief of Police established by this act until such office becomes vacant by reason of death, resignation, retirement according to law or removal for cause in the manner hereinafter provided. Term of office. Section III. Whenever there shall be a vacancy in the position of Chief of Police, such vacancy shall be filled by election by the Board of Commissioners of Roads and Revenues or other governing authority of each respective county. Vacancy. Section IV. The salary of the Chief of Police shall be such monthly amounts as may be provided from time to time by the Board of Commissioners of Roads and Revenues or other governing authority, provided, however, the salary of such Chief shall be not less than six thousand dollars per year. Salary. Section V. The Chief of Police may be removed only for cause and only after a trial and conviction as hereinafter provided. The Chief of Police shall not be tried except upon charges preferred against him by a member of the Board of Commissioners of Roads and Revenues which charges shall be in writing and under oath and filed with the Clerk of said Board. Upon the filing of any such charges the Chief shall be served by the Clerk of said Board with a copy of the charges against him, together with a notice of the time and place for hearing such charges. He shall have not less than two weeks within which to prepare his defense, and may be represented by counsel. The Clerk of the Board of County Commissioners shall issue subpoenas for witnesses and subpoenas duces tecum for the production of relevant documentary evidence at the request of such officer. The Board of County Commissioners shall have power to order the issuance of subpoenas by the Clerk of said Board and to compel the attendance of witnesses and the production of relevant documentary evidence. Removal for cause. Trial, procedure before Board of Commissioners. When sitting for the purpose of trying charges against the Chief of Police the members of the Board of County Commissioners shall be under oath to render a fair and just judgment, according to law and the evidence submitted,

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without prejudice, fear, favor or affection, for or against the accused Chief. Oath of Commissioners. The Chief of Police shall not be convicted of the charges against him or removed from office without the concurrence of two-thirds of the full membership of the Board of Commissioners of Roads and Revenues. Upon conviction, the said Board, upon concurrence of two-thirds of the members thereof, shall enter judgment suspending such officer either definitely or indefinitely, or removing him from office. Any judgment of conviction shall be subject to review by the Superior Court upon certiorari as provided by law for review by said Court of the judgment of other tribunals. Conviction; suspension or removal. Certiorari. All trials held pursuant to the provisions hereof shall be public and shall be held in the usual meeting place of the Board of County Commissioners in the County Courthouse. Upon the filing of charges against the Chief of Police as herein provided the Board of County Commissioners shall have the power in its discretion to suspend the Chief without pay until the hearing and trial of said charges, and in the event the trial shall not result in conviction the pay lost during such temporary suspension shall be restored. Public trials. Suspension after charges. The conviction of any person under the provisions of this law shall not prevent such person from being liable and subject to indictment, trial and punishment according to law but he may, nevertheless, be convicted and punished under any applicable criminal law. Effect of conviction. Section VI. Be it further enacted by the authority aforesaid that whenever in this Act the Board of Commissioners of Roads and Revenues is referred to, the same shall be construed to mean the Board of Commissioners of Roads and Revenues of counties within the provisions of this Act which have such Boards, and if any counties within the provisions of this Act shall be governed by some other authority, then all of such provisions shall be construed to apply to such other governing authority and like procedure shall be followed in such instances. Board of Commissioners, or other governing authority. Section VII. Be it further enacted by the authority aforesaid that the Act approved August 17, 1914 (Georgia Laws 1914, page 142) entitled An Act to authorize the counties of this State, having any number of population, to elect or appoint County Police, to levy a tax for the expense

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thereof, and to define the duties of such police, and for other purposes, be and it is hereby amended by adding to Section 7 thereof the following: Sec. 7, act of 1914, amended. The provisions of this section shall not apply to the position of Chief of Police in counties having a population of 200,000 or more according to the United States census of 1940 or any future United States census, and the Chief of Police in all such counties may be removed only for cause in the manner provided in the Act making this amendment. Section VIII. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. ATLANTA CHARTER AMENDMENTS. No. 90 (Senate Bill No. 81). An Act To amend an Act establishing a new Charter for the City of Atlanta approved February 28, 1874 and the Several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That an Act 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, be and the same are hereby amended as follows: Section I. That the provisions of said charter as codified in Section 4-114, Code, City of Atlanta, 1942, relating to a Provisional Mayor Pro Tem., be amended by striking therefrom the following words: From the members of the Aldermanic Board and substituting in lieu thereof the phrase: From the members of the General Council so that said section, when amended, shall read as follows: Sec. 4-114, Atlanta Code, amended. 4-114. PROVISIONAL MAYOR PRO TEM.At the first meeting of the Mayor and General Council held in each calendar year, after the new Council is sworn in, in addition to the Mayor Pro Tem., there shall be elected from the members of the General Council an officer designated

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nated as Provisional Mayor Pro Tem., who shall serve without salary and whose term of office shall be for such calendar year. In case the Mayor Pro Tem. is absent, or under disability, or disqualified, or the office is vacant for any cause, then the Provisional Mayor Pro Tem. shall fill the position of Mayor Pro Tem. and discharge all the duties thereof. If both the Mayor and Mayor Pro Tem. are absent or under disability or disqualified or said offices are vacant for any cause, then the Provisional Mayor Pro Tem. shall fill the office of Mayor and discharge all the duties thereof. But on return of either officer or cessation of disability or disqualifications or filling of vacancies in said offices, then the right and power of the Provisional Mayor Pro Tem. shall cease and determine. In the absence of disqualification of the Mayor Pro Tem., during an interim before a special election called by General Council to fill a vacancy in the office of Mayor, the Provisional Mayor Pro Tem. shall serve as Mayor. Provisional Mayor Pro Tem. Section II. That the officers of the said city, charged with the custody of funds raised from the sale of bonds issued in pursuance of the provisions of Section VII of Article VII, Paragraph II of the Constitution, are hereby authorized, under the direction of the Mayor and General Council, to invest any surplus funds not then immediately needed in connection with the improvements for which said bonds were issued, to invest such funds until needed for such improvements in valid outstanding bonds of said city or some other municipality in the State which have been duly validated in accordance with the law or County bonds of this State which have been duly validated or valid outstanding bonds of the State of Georgia or of the United States and to keep such funds so invested in such bonds, with the privilege of changing the investment from one character of bonds named to another from time to time as the Mayor and Council may direct until such time as such funds are needed for the authorized public improvements at which time said officers are authorized to sell said securities. Investment of surplus funds acquired by bond issues. Section III. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947.

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FULTON COUNTY TREASURER'S SALARY. No. 91 (Senate Bill No. 82). An Act To amend the Act approved July 24, 1920 (Georgia Laws, 1920, page 540) entitled An Act to fix the salary of the treasurer of Fulton County, and for other purposes, and to amend an act approved August 5, 1920 (Georgia Laws, 1920, page 540) entitled, An Act to fix the salary of the treasurer of Fulton County and for other purposes, by striking from Section 1 of each of said Acts the figures $5,000.00 and inserting in lieu thereof the figures $6,000.00 and by adding to Section 1 of each of said Acts the following provision: Provided, however, the Board of Commissioners of Roads and Revenues of Fulton County may increase the salary of the County Treasurer from time to time above the amount stated herein and may from time to time reduce the salary of the County Treasurer but no such reduction shall operate to reduce such salary below $6,000.00 per annum; so as to provide that the salary of the County Treasurer of Fulton County shall be increased from $5,000.00 per annum to a sum not less than $6,000.00 per annum; and for all other purposes. Section I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That the Act approved July 24, 1920 (Georgia Laws 1920, page 540) entitled An Act to fix the salary of the treasurer of Fulton County, and for other purposes be and it is hereby amended by striking from Section 1 thereof the figures $5,000.00 and inserting in lieu thereof the figures $6,000.00, and by adding to Section 1 of said Act the following provision: Sec. 1, act of 1920, amended. Provided, however, the Board of Commissioners of Roads and Revenues of Fulton County may increase the salary of the County Treasurer from time to time above the amount stated herein and may from time to time reduce the salary of the County Treasurer but no such reductions shall operate to reduce such salary below $6,000.00 per annum, so that Section 1 of said Act, as amended, shall read as follows:

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Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the salary of the treasurer of Fulton County shall be $6,000.00 per annum payable in monthly installments out of the funds of the County, upon warrants issued by the Commissioners of Roads and Revenues, provided, however, the Board of Commissioners of Roads and Revenues of Fulton County may increase the salary of the County Treasurer from time to time above the amount stated herein and may from time to time reduce the salary of the County Treasurer, but no such reductions shall operate to reduce such salary below $6,000.00 per annum. $6,000 per annum minimum salary. Section II. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that the act approved August 5, 1920 (Georgia Laws, 1920, page 540) entitled An Act to fix the salary of the treasurer of Fulton County, and for other purposes be and it is hereby amended by striking from Section 1 thereof the figures $5,000.00 and inserting in lieu thereof the figures $6,000.00 and by adding to Section 1 of said Act the following provision: Sec. 1, act of 1920, amended. Provided, however, the Board of Commissioners of Roads and Revenues of Fulton County may increase the salary of the County Treasurer from time to time above the amount stated herein and may from time to time reduce the salary of the County Treasurer, but no such reductions shall operate to reduce such salary below $6,000.00 per annum. so that Section 1 of said Act as amended shall read as follows: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the salary of the treasurer of Fulton County shall be $6,000.00 per annum payable in monthly installments out of the funds of the County, upon warrants issued by the Commissioners of Roads and Revenues, provided, however, the Board of Commissioners of Roads and Revenues of Fulton County may increase the salary of the County Treasurer from

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time to time above the amount stated herein and may from time to time reduce the salary of the County Treasurer, but no such reductions shall operate to reduce such salary below $6,000.00 per annum. $6,000 per annum minimum salary. Section III. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section IV. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. [Illegible Text]. Approved March 25, 1947. GAINESVILLE RETIREMENT FUNDAMENDMENTS. No. 92 (House Bill No. 235). An Act to Amend An Act, entitled Gainesville Retirement Fund, approved February 24, 1941 (Ga. Laws 1941, pp. 1453-1460) which was an act to amend the Charter of the City of Gainesville and Acts amendatory thereof by amending section 13 of said act by striking therefrom School Teachers and amending section 4 of said Act by striking therefrom One Member of the Public School System, To provide for a trustee to represent the employees of the City at large on said Board of Trustees in lieu of a trustee from the Public School System, 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 said act be amended by striking from Section 13 the words school teachers and when said words are stricken therefrom, Section 13 shall read as follows: Sec. 13, act of 1941, amended. Employees subject to the provisions of this act shall be all employees of the City of Gainesville who receive a monthly salary, such as firemen, policemen, clerks, mechanics, and other persons of skill. Occasional and

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temporary employees, day laborers and persons working for weekly wages are not subject to the provisions of this act. Employees subject to this act. Section 2. By eliminating from Section 4 of said act one member of the Public School System and substituting therefor one member from the City employees as provided in Section 13 of said act who shall be elected by the employees of the City at Large so that Section 4 when amended shall read as follows: Sec. 4, act of 1941, amended. The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this act is hereby vested in a Board of Trustees, consisting of one member of the Police Department, one member of the Fire Department, one member of the other monthly salaried employees of the City of Gainesville, one member from the employees of the City at Large, and the City Clerk. Said 5 trustees shall pass upon all applications and all business pertaining to the Retirement Fund and all rights and privileges of the employees hereunder. Board of Trustees. In every section and paragraph in said act where the words public School System appears, said words shall be eliminated. Words, public school system, eliminated from Act. Section 3. That all laws or parts of laws in conflict with the provisions of this act be, and the same are hereby repealed. Approved March 25, 1947. GAINESVILLE CIVIL SERVICE BOARD. No. 93 (House Bill No. 194). An Act to Amend the charter of the City of Gainesville and the Acts amendatory thereof: to provide for the establishment of a Civil Service Board and to designate the personnel thereof; to define the duties and authority of said board and the members thereof; to establish certain rules and regulations governing the employees of said city and the Civil Service Board; to provide the

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method and manner of employment, government and discharge of employees of said city and the manner of appeals from decisions of said board, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that: Section 1. There is hereby deleted from Section 19 of the Charter of the City of Gainesville, which is set forth on pages 844-845 of Georgia Laws, 1922, the following provision beginning on line 5 of said Section: He shall have the appointment subject to confirmation by the Commission of all heads of department of said City, except the Secretary and Recorder. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the Commission. He shall have the right to remove heads of departments and other employees (except the secretary of the commission and the recorder) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall state to the commission in writing the cause of such removal. Sec. 19, act of 1922, amended. Section 2. There is hereby created a Civil Service Board as a part of the governmental functions of the City of Gainesville, which shall be composed of the Commissioners of the City of Gainesville, and the Secretary of which shall be the Secretary of said City Commission. The Mayor shall be chairman of said Board. All clerical work required by the provisions of this Act shall be performed by said Secretary or his assistants, and neither the Secretary nor the City Commissioners shall receive extra compensation for the duties herein required of them. Civil Service Board created. Section 3. From and after the effective date of this Act the Civil Service Board herein created shall appoint, regulate, govern and control all personnel of the police and fire departments and all other monthly salaried employees of the City of Gainesville (except the City Manager, Secretary of the City Commission, Recorder, City Attorney and employees of the Board of Education, who shall be elected, regulated governed and controlled by majority vote of the City Commission and the Board of Education respectively) under Civil Service Rules and Regulations adopted by said

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Board, which said Rules and Regulations shall be subject to repeal, amendment, modification or addition by said Board in its discretion, save and except that no rule, regulation, resolution, ordinance or practice shall be adopted which is in conflict with the provisions of this Act. What employees subject to control of Board. Section 4. All weekly paid and temporary employees of the City of Gainesville shall be employed, controlled and removed by the City Manager. Provided, however, that no person may be employed on a temporary basis for longer than 120 days, and no position normally filled by a monthly salaried employee shall be filled by a weekly paid employee. Weekly-paid and temporary employees subject to City Manager. Section 5. The following rules shall be observed and complied with by the Civil Service Board in regulating, governing and controlling the employees made subject to its control by the provisions of Section 3 hereof, and where the word Employee or Employees is hereafter used in this Act it shall mean those employees made subject to the control of the Civil Service Board by Section 3 hereof: Rules for employees. RULE 1. No employee shall be given or refused employment, suspended, tried or discharged because of his vote in any primary or election. Freedom to vote. RULE 2. No employee shall take an active part in any primary or election, and all employees are hereby prohibited from contributing any money to any candidate, soliciting votes, or prominently identifying themselves in a political race with or against any candidate for office. Political activities. RULE 3. A speedy and public trial shall be given an employee under charges or suspension. Right of trial. RULE 4. No employee, unless he be a probationary employee as hereinafter mentioned, shall be discharged until after trial or opportunity therefor, except for a violation of the provisions of Section 22 of this Act, and except in those instances when the City Commission shall have determined, as shall be evidenced by written resolution spread upon its minutes, that a reduction in the number of employees is required by the financial condition of the City. Then and in this event employees in the department or departments affected shall be laid off according to seniority rules, and when their positions are

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again filled, such laid-off employees shall be tendered reemployment in such positions before any examinations are held to fill their positions. Discharges. RULE 5. No employee shall be suspended for a period exceeding fifteen days without an opportunity for trial, unless such trial can not be had for causes beyond the control of the Board, or at the instance of the employee, in either of which events the Board may continue in force any previous suspension of such employee pending trial. Suspensions. RULE 6. All qualifications being equal, promotions shall be from the ranks if compatible with the public interest, to be judged of by the Board. Promotions. RULE 7. No employee shall be discharged for actions taken in obedience to an order or command of a superior officer, but nonobedience or disobedience shall be sufficient cause for discharge on conviction by the Board. Limitations on Board. RULE 8. No employee shall be suspended, tried, or discharged for enforcing the ordinances of the City, or for preferring charges for their violation. Other limitations. RULE 9. Upon the trial of any employee he shall be confronted with the witnesses against him; he may cross-examine such witnesses and be represented by counsel in his discretion. Trial, witnesses, counsel. RULE 10. The right of petition to the Board and the Commission is hereby expressly granted to each employee and to any group of said employees. Right of petition. RULE 11. All charges against an employee, except for violation of Section 22 of this Act, shall be in writing and shall be sufficiently specific to enable him to intelligently defend same; but the decision of the Board on objections made to the sufficiency of such charges shall be final. Charges to be specific and in writing. RULE 12. All rules and regulations promulgated by the Board, shall, before becoming effective, be communicated to each employee, and each employee affected thereby shall be furnished a copy of this Act. Rules of Board must be communicated. RULE 13. If a suspension made without pay be not finally sustained, the employee shall forthwith be paid

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all moneys which would have been paid him except for such charges, suspension or trial, and he shall be immediately restored to his original position and duties without penalty. If suspension is not sustained. Section 6. The Civil Service Board herein created is hereby given the same and like right, power and authority to compel the presence and attendance of witnesses by subpoena, attachment or arrest, and to punish for contempt, and to enforce its decisions as is afforded the Recorder of the City of Gainesville in all matters before such Recorder. All subpoenas, attachments and decisions shall be issued by the Secretary of the Board, shall bear teste in the name of the Chairman of the Board and be in writing or print; and all decisions of the Board shall be entered on the minutes of the Board which shall be open to inspection by the public during regular office hours. All testimony before the Board shall be rendered under oath. Any person may serve a subpoena for the appearance of witnesses which service shall be in person or by leaving at the residence or most notorious place of abode of such witness. Either the Board or the employee about to be tried may engage a stenographer to take down the testimony and evidence offered in the trial of any case, and in the event that the Board shall engage a stenographer, the cost of his services shall be paid by the City of Gainesville from the General Funds. Judicial powers of Board. Procedure. Stenographer. Section 7. The City Attorney or his assistant shall represent the public and prosecute any and all charges before said Board when requested to do so by the Chairman of the Board, and to continue such representation before any court having or assuming jurisdiction of the subject matter. City Attorney. Section 8. It shall be the duty of the Commissioners of the City of Gainesville, and the heads of each department of the City to prefer charges against any employee for a violation of the Civil Service Rules governing said employees when, in either of their opinions, there is sufficient grounds to warrant an investigation of such charges or when, in either of their opinions, such charges need to be preferred or are true. All charges in every instance shall be signed by the official preferring the same and served upon the employee by the Chief, assistant or acting chief of the Police Department. A copy of said charges shall also

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be handed immediately to the Secretary of the Board who shall issue a summons bearing teste in the name of the Chairman, requiring the employee under charges to appear at the time, date and place named in such summons to defend the charges against him; provided, however, that no hearing or trial on the merits of such charges shall be had or held by said Board in less than three days following the service of such summons on the employee. The Chairman of the Board shall notify the remaining members of the Board of the charges, the time, place and date of the hearing, and it shall be the duty of the Chief, assistant or acting chief of the Police Department to see that all witnesses needed or required for said hearing or trial, both for the City and the employee, have been subpoenaed. When duty to prefer charges against employees. Procedure. Section 9. When any charge shall be preferred against an employee, as herein provided, and there shall be witnesses whose testimony is desired by the employee, the Board or the person bringing the charges, upon such charges, and such witness or witnesses are non-residents of the City of Gainesville, or if residents are female, or for other good cause shown cannot appear in person upon the trial of such charges, the side desiring the testimony of such witness may take and use the sworn depositions of such witness upon giving the other side such notice as shall be prescribed by the Chairman of the Board, having in mind the exigencies of the occasion and the importance of such testimony. Use of awora depositions. Section 10. If an employee under charges shall refuse to stand trial or shall abscond and shall not be present at the trial thereof, the Board may discharge said employee as by default. Discharge of employee by default. Section 11. The Board shall cause its Secretary to establish and keep accurate minutes of each meeting of said Board, and all Rules and Regulations, Decisions and Findings of the Board shall be entered in such minutes. A copy of the minutes of any meeting, certified by the Secretary, shall be admissible in evidence in connection with any appeals under Section 12 hereof and shall be conclusive evidence of the action taken by the Board at such meetings or hearings. Minutes of Board as evidence of its actions. Section 12. Any employee dissatisfied with the decision

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of the Board shall have and he is hereby given the right to make application within 10 days to the Superior Court of Hall County for the issuance of the writ of certiorari to review the Decision of the Board. In the event no appeal shall be filed within 10 days the same shall be forever barred. In case an application for the issuance of the writ of certiorari is sanctioned, such writ shall be directed to the Chairman of the Board (naming him) who shall cause all papers and all evidence before the Board to be transmitted to the Superior Court in accordance with such writ, together with a certified copy of the minutes containing the decision complained of; provided that the right to apply for such writ shall not exist and said writ shall not be granted in the case of a probationary employee or in case any employee is discharged for violation of the provisions of Section 22 of this Act. Certiorari; appeal from Board's decision. Section 13. The Commissioners of the City of Gainesville, and the City Manager shall have and be given the right and authority to suspend any employee before trial, with or without pay, for a period not exceeding 15 days when charges have been made and filed against such employee. The same and like authority may be granted by the City Commissioners to the heads of the various departments of the City to be exercised by said department heads only in their respective departments. Any employee may be suspended, with or without pay, pending the final outcome of any appeal or certiorari, subject however to the provisions of Rule 13 set out in Section 5 hereof. Suspension of employee pending trial, or outcome of certiorari. Section 14. The employment of all persons for service with the City in any of the positions set forth in Section 3 hereof shall, after the effective date hereof, be competitive in all respects. Upon the occurrence of any vacancy in any of the positions mentioned in Section 3 hereof, or when additional employees are required for similar positions, the Chairman of the Board shall cause notice thereof to be given in the newspaper which is the official organ for the City of Gainesville, and invite all persons interested to complete application blanks which shall be furnished them free of charge by the Clerk of said Board. Said notice shall specify the time and place for holding an examination, which shall not be less than 10 days from the time and date of the published notice. Time for making and filing applications for examinations shall expire three days before the

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time and date set for such examination, which fact shall likewise be published in said notice. Employment to be on competitive basis. Notice. Applications for examination. Section 15. When any application is made and filed with the Clerk of said Board it shall be his duty to immediately arrange with the City Physician for a physical examination of the applicant to determine his physical fitness for the position for which he has applied. Such examination shall be the same for all applicants and the result thereof shall be certified to the Chairman of the Board. Physical examination. Section 16. On the date set apart for the examination all applicants shall appear in person before the Board or the Secretary of the Board to stand such examination and inquiry as may be prescribed by the Board, save and except that the Board may postpone the date of such examination if necessary by giving notice of the new date to each applicant. Examination questions and inquiries shall be the same for all applicants taking each examination save those touching on the habits, character and morals of the applicant, and the Board shall assign a relative weight or value to each of the subjects or questions in the examination for purposes of grading the applicants. The same method of grading shall be used with respect to all applicants but there shall be added to the grade of each honorably discharged disabled war veteran 10 points and to the grade of any other honorably discharged veteran of any war 5 points. Examination procedure. Section 17. Upon the completion of the examination it shall be the duty of the Board, subject to the provisions of Section 23A hereof, to appoint the physically qualified applicant receiving the highest grade to fill the vacancy, or if there be more than one vacancy or in case such examination is for the purpose of adding more employees, then those physically qualified applicants receiving in their order the highest grade shall be elected or appointed to such positions. In the event that no applicant successfully passes such examination, or there shall be less applicants passing the examination than there are positions to be filled, then additional examinations shall be held until the positions are filled. Provided, that the Board may in its discretion hold examinations from time to time in advance of actual vacancies for the purpose of establishing an eligible list

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of persons for City employment, such examinations shall be held however in the manner hereinbefore prescribed. Grades on examination to control in making appointments. Eligible lists. Section 18. Each new employee of said City who is subject to the provisions of this Act shall be considered to be on probation for a period of 12 months following his employment, during which period he shall be known as a probationary employee and shall be subject to dismissal should his services, in the opinion of the Board, be unsatisfactory for any reason, and from such dismissal there shall be no appeal. Each new applicant shall be paid the minimum salary for his position for the first three months of his employment and beginning with the first of his tenth month shall be paid the maximum salary for his position. Between the date of his employment and the first of his tenth month he shall be given quarterly increases in compensation of one third of the difference between his minimum and maximum compensation. New employees on probation. Section 19. Immediately after the effective date of this Act, the Board shall fix and establish the minimum and maximum salaries and the hours of work for each position covered by this Act, which shall be made known to all employees. Changes in salaries and working hours may be made by the Board when in its opinion such changes are necessary, but no change shall take effect, except in time of dire public emergency, until the expiration of sixty days from the date same is approved by the Board and notice given to all affected employees. Salaries and hours of work. Section 20. Nothing in this Act shall be construed to prevent the promotion of any employee to the position of an officer, or an officer to a higher position, or change of an officer, fireman or other employee from one line of duty to another without an examination, whether for the purpose of filling vacancies or other reasons. On the contrary, the Board is given the authority to promote or change the duty assignment of any employee as the public good requires, to be judged of by the Board, except that no employee on a monthly salary shall be transferred to a weekly salaried position without his consent. Promotions and change of duty assignments. Section 21. In any and all cases of dire public emergency or unusual conditions which may in the opinion of the City Manager require such authority, he shall have the

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right and authority to take complete command of any or all departments of the City in person, and he may in such cases temporarily draft the employees of one department for and into the service of another department; he may in such cases call for volunteers for service with any department and assign them to full or partial duty therein; he may in such cases engage and employ additional men for temporary service in any department with or without the approval of the Board; he may in such cases temporarily relieve from office any employee or officer with or without cause during the existence of such emergency; he may in such cases make such temporary promotions as he deems proper and temporarily demote any officer or employee accordingly; he may in such cases give such orders as he determines best for the public interests direct to the members of any department or through the heads thereof, and if any order so given during such emergency be not obeyed implicitly by those to whom directed or given, such officer shall be charged with nonobedience or disobedience to an order of a superior officer and upon conviction by the Board, he or they shall be discharged and forever disbarred from holding any office or position in the City Government; provided that any employee who may be temporarily relieved from his office or duty as aforesaid, shall upon the termination of the existing emergency be immediately restored to his office and duties at the time of his relief and shall be paid all moneys which shall have accrued to him during such period unless charges shall be brought and sustained against him by the person who caused his relief. Public emergencies, etc. Section 22. No employee of the City of Gainesville shall be, become or remain a member of any organization within any department affiliated directly or indirectly with another organization which holds, claims or exercises the right to demand of any of its members obedience to an order to strike for any cause; and if any member of any department of said City shall violate the provisions of this Section it shall be the duty of the Board to immediately discharge such employee from the service of said City by resolution of the Board, and such discharge shall be final in every respect and there shall be no appeal from such discharge. Restrictions as to membership of employees in certain organizations. Section 23. This Act shall become effective immediately,

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and anything herein contained to the contrary notwithstanding shall require no employee of the City of Gainesville on the effective date to subject himself to an examination either mental or physical. On the contrary, all employees of said City on the effective date shall be considered fully qualified civil service employees just as though their positions had been obtained by competitive examinations and appointments in the manner hereinbefore set out. No examination for present employees. Section 23A. Anything herein contained to the contrary notwithstanding, the Board shall not be required to appoint any applicant to any position as the result of an examination taken by such applicant, or even to permit the taking of an examination by any applicant not meeting the following requirements (a) Each applicant shall be a white resident of the City of Gainesville, (b) each applicant must be between the ages of 21 and 35 years inclusive, and (c) each applicant must possess a high school education or its equivalent. General qualifications of employees. Section 24. Payment of any and all expenses incurred by said Board on account of the provisions of this Act, such as the printing of blanks and forms, medical examinations, stenographer's fees, etc., shall be made by the City of Gainesville from its General Funds. Expenses of Board. Section 25. Should any portion of this Act or the application thereof to any person or circumstances be adjudged by competent authority to be invalid for any reason, the adjudging of such portion as invalid shall in no way affect the remainder of same, and to this end the provisions of this Act are declared to be severable. If part invalid. Section 26. All laws and parts of laws in conflict with the provisions of this Act or any of them are hereby expressly repealed. Approved March 25, 1947.

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CONTRACTORS OF PUBLIC WORKBOND, EXCEPTION. Code 23-1705. No. 94 (Senate Bill No. 71). An Act, To amend Section 23-1705, Code of Georgia, 1933, relating to bonds for public contractors so as to provide that the terms of said Section shall not apply to contracts with any municipal corporation having a population of more than 250,000 according to the last or any future census for the doing of any public work where the total contract price for such work does not exceed one thousand ($1,000.00) Dollars; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section I. That Section 23-1705, Code of Georgia, 1933, which provides for bonds for public contractors, be and the same is hereby amended by adding the following sentence after the first sentence in said section: 23-1705 amended. Provided, however, that any municipal corporation, within the terms of this Act, may contract for the doing of any public work, where the contract price does not exceed One Thousand ($1,000.00) Dollars, without the necessity of making the bond required by the foregoing provisions of this section, so that said section, when amended, shall read as follows: 23-1705. BOND FOR PUBLIC CONTRACTORS.No contract with this State, a county, municipal corporation, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give bond, payable to the State or other body contracted with, with good and sufficient surety, for the use of the obligee and of all persons doing work or furnishing skill, tools, machinery, or materials under or for the purpose of such contract, conditioned for the completion of the contract in accordance with its terms, for saving the obligee free from all costs and charges that may accrue on account of the doing of the work specified

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for the payments as they become due of all just claims for work, tools, machinery, skill and materials furnished by persons under, or for the purpose of, such contract, and for a compliance with the laws appertaining thereto. Provided, however, that any municipal corporation, within the terms of this Act, may contract for the doing of any public work, where the contract price does not exceed One Thousand ($1,000.00) Dollars, without the necessity of making the bond required by the foregoing provisions of this section. The penalty of such bond shall be not less than the contract price. Contract for public work void without bond. New provision. Exception as to certain municipal corporation contracts. Section II. The terms and provisions of this Act shall apply only to municipal corporations having a population of 250,000 or more, according to the last or any future Federal Decennial Census. Section III. All Acts or parts of Acts in conflict herewith are hereby repealed. Approved March 25, 1947. BOARD OF TRUSTEES OF TRUST COMPANIESEXECUTIVE COMMITTEE. Code 109-103. No. 95 (Senate Bill No. 37). An Act To amend Section 109-103 of the Code of Georgia of 1933, relating to the management and exercise of the corporate power of trust companies by a board of trustees, their election and the filling of vacancies on said board, so as to provide that the board of trustees of trust companies may by resolution designate three or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the bylaws of said company, shall have and may exercise the powers of the board of trustees in the management of the affairs and property of the company and the exercise of its corporate power; and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. Section 109-103 of the Code of Georgia of

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1933 is hereby amended by striking the period at the end of the first sentence of said section, and by inserting therein, following the word `bylaws', appearing in the fourth line of said section, the following language, to-wit: 109-103 amended. provided, however, that unless it shall be otherwise provided in the charter or an amendment thereof, the board of trustees may by resolution designate three or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the bylaws of said company, shall have and may exercise the powers of the board of trustees in the management of the affairs and property of the company and the exercise of its corporate power. so that said Section as so amended shall read as follows: 109-103. Board of trustees; election; number; vacancies; executive committee.The affairs of said company shall be managed and its corporate power exercised by a board of trustees of such number, not less than five nor more than 25, as shall from time to time be prescribed by its bylaws; provided, however, that unless it shall be otherwise provided in the charter or an amendment thereof, the board of trustees may by resolution designate three or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the bylaws of said company, shall have and may exercise the powers of the board of trustees in the management of the affairs and property of the company and the exercise of its corporate power. The persons named in the declaration of organization shall constitute the first board of trustees of the said company, and may add to their number, not exceeding the limit of 25, and shall severally continue in office until others are elected to fill their places. The election of trustees shall be held annually at the office of the company, in such manner and at such time as shall be prescribed in the bylaws. In case of failure to elect on the day named, the shareholders may adjourn to another time, or in the event of their failure to do so, the president may call a special meeting for the purpose of electing trustees, of which special meeting 10 days' notice shall be given by publication in at least one newspaper of general circulation

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in the city in which said company is located. The vacancies occurring in the intervals between elections shall be filled by the board of trustees. Amended section. Executive Committee. Powers. Board of Trustees. Election. Vacancies. Section II. That all laws or parts of laws in conflict with the provisions of this Act, be, and the same are hereby, repealed. Approved March 25, 1947. COMMON TRUST FUNDSINCREASING INVESTMENT AMOUNTS. No. 96 (Senate Bill No. 15). An Act To amend act approved March 20, 1943, known as an Act to authorize the establishment and maintenance of common trust funds and to prescribe and define the rights, powers and duties of fiduciaries, banks and trust companies with respect thereto (Georgia Laws, 1943, p. 442) by amending Section 7 of said Act to increase the maximum amount of monies of any one estate which may be invested in one or more common trust fund from $25,000 to $50,000; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: That the Act approved March 20, 1943 known as the Common Trust Fund Act authorizing the establishment and maintenance and regulations of common trust funds and investments and participations therein (Georgia Laws, 1943, pgs. 442, 446) be and the same is hereby amended as follows: Act of 1943 amended. Section 7 of said Act is repealed, and the following Section is enacted in lieu thereof; Sec. 7 repealed. Section 7. No moneys of any one estate in excess of Fifty Thousand ($50,000.00) Dollars shall be invested in any one or more of such common trust funds as may be maintained by a trust institution. In applying this limitation, if two or more trusts are created by the same

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settler or settlers, and as much as one-half of the income or principal, or both, of each trust is payable or applicable to the use of the same person or persons, such trusts shall be considered as one and said limit shall apply. New section. Investment, maximum amount increased. Approved March 25, 1947. BLOWPOST LAW AMENDEDBLASTS CHANGED. Code 94-506. No. 97 (Senate Bill No. 43). An Act To amend Section 94-506 of Chapter 94-5 of the Code of Georgia of 1933, relating to railroad crossings, by striking from said Section 94-506 the following language, towit: to blow through said whistle two long and two short blasts at intervals of five seconds between each blast, and to insert in lieu of said language the following: to blow through said whistle two long blasts, one short blast, and one long blast; to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; Section I. That Section 94-506, Chapter 94-5 of the Code of Georgia of 1933, relating to railroad crossings, be and the same is hereby amended by striking from said Code Section the following language, to wit: to blow through said whistle two long and two short blasts at intervals of five seconds between each blast and to substitute therefor the following language, to wit: to blow through said whistle two long blasts, one short blast, and one long blast, so that said Section when so amended shall read as follows: 94-506 amended. 94-506. Blowposts; signals at crossings; lookouts and exercise of care. Upon the line of each railway and at a point 400 yards from the center of its intersection at grade with any public road or street used by the public generally in crossing the tracks of said railway, and on each side of said crossing, there shall be erected by the railroad company, or the persons or corporation owning and operating said railway, a blowpost to indicate

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the existence of such crossing, and the engineer operating the locomotive engine of any railroad train moving over the tracks of said railroad shall be required, when he reaches the said blowpost, as a signal of approach to said crossing, to blow through said whistle two long blasts, one short blast, and one long blast; said blasts to be loud and distinct. In addition thereto, after reaching the blowpost farthest removed from said crossing, and while approaching said crossing, he shall keep and maintain a constant and vigilant lookout along the track ahead of said engine, and shall otherwise exercise due care in approaching said crossing, in order to avoid doing injury to any person or property which may be on said crossing, or upon the line of said railway at any point 50 feet of such crossing. New section. Blasts at blowpost changed. Section II. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. BOARDS OF DIRECTORS OF BANKSVACANCIES BETWEEN ELECTIONS. Code 13-2001 amended. No. 98 (Senate Bill No. 38). An Act To amend Section 13-2001 of the Code of Georgia of 1933, relating to the boards of directors of banks, their number, election, term of office and powers, by providing that vacancies in the intervals between elections shall be filled by the board of directors, and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. That Section 13-2001 of the Code of Georgia of 1933, be, and it is hereby amended, by inserting in the eighth line of said Code Section, immediately after the word qualified and before the words A bank, the words: Vacancies occurring in the intervals between elections shall be filled by the board of directors., so that said Section when amended shall read as follows: 13-2001 amended.

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13-2001. Board of directors; number; election; term of office; vacancies.The affairs of each bank shall be managed by a board of not less than three nor more than 25 directors who shall be elected by the stockholders at a meeting to be held at any time before the bank is authorized by the Superintendent of Banks to commence the business of banking, and afterwards at meetings to be held annually at such time as may be fixed by the bylaws of the bank. The directors shall hold office for one year and until their successors are elected and have qualified. Vacancies occurring in the intervals between elections shall be filled by the board of directors. A bank, at any annual meeting of the stockholders for the election of directors provided notice thereof be given in the notice of the annual meeting, may, by a majority vote of all the stockholders of such bank, fix or change by resolution the number of directors, provided the number of directors shall not be less than three nor more than 25, which number when so fixed shall be the lawful number of directors of such bank until again changed in like manner. Certified copies of all resolutions fixing or changing the number of directors under this section shall be immediately filed with the Superintendent of Banks. New section. Vacancies between elections, how filled. Section II. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 25, 1947. BOARDS OF DIRECTORS OF BANKS WITH TRUST POWERSEXECUTIVE COMMITTEE. Code 109-406 amended. No. 99 (Senate Bill No. 39). An Act, To amend Section 109-406 of the Code of Georgia of 1933, relating to the continued management by a board of directors of the business of a banking corporation which has, by amending its charter, acquired the powers of trust companies, so as to provide that the

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board of directors may by resolution designate three or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the bylaws of said company, shall have and may exercise the power of the board of directors in the management of the affairs and property of the company, including the exercise of its corporate powers insofar as the same may relate to the exercise of the powers of trust companies so acquired by it, and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. Section 109-406 of the Code of Georgia of 1933 is hereby amended by adding thereto at the end of said section, the following language, to wit: 109-406, addition. provided, however, that unless it shall be otherwise provided in the charter or an amendment thereof, the board of directors may be resolution designate three or more of their number to constitute an executive committee, who, to the extent provided in such resolution or in the bylaws of said company, shall have and may exercise the powers of the board of directors in the management of the affairs and property of the company, including the exercise of its corporate powers insofar as the same may relate to the exercise of the powers of trust companies acquired hereunder. so that the said Section as so amended shall read as follows: 109-406. Directors as trustees; executive committee. No banking company, amending its charter by the acquisition of the powers of trust companies hereunder, shall be required to be managed and to exercise its corporate powers by a board of trustees, but the business of such corporation shall continue to be under the management and control of a board of directors, who shall possess all the powers and be subject to all the duties conferred and imposed upon the directors of banking companies and upon the trustees of trust companies under the laws of this State; provided, however, that unless it shall be otherwise provided in the charter or an amendment thereof, the board of directors may by resolution designate three or more of their number to constitute an executive committee, who, to the extent provided in such

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resolution or in the bylaws of said company, shall have and may exercise the powers of the board of directors in the management of the affairs and property of the company including the exercise of its corporate powers insofar as the same may relate to the exercise of the powers of trust companies acquired hereunder. Executive Committee. Powers. Section II. That all laws and parts of laws in conflict with this Act be and the same are hereby, repealed. Approved March 25, 1947. LAMBERT CHARTER. No. 100 (Senate Bill No. 76). An Act To incorporate the City of Lambert; to create a charter therefor; to prescribe the limits of said City; to provide for the mayor and council and other officials and employees of said City and to prescribe their qualifications, manner of election, terms of office, powers, rights, privileges and duties; to confer on said mayor and council certain duties, powers and privileges; to provide for all elections necessary for the purposes herein; to locate voting places, prescribe the method of holding elections and designate the qualification of voters; to declare and define the police power of said City; to regulate the public officers and other officers and employees of said City and, the salaries of all officers and employees of said City; to provide for the government of said City and for all matters of municipal concern and cognizance; to provide for public improvements of said City; to provide for the laying out and opening of streets, sidewalks, alleys, lanes, sewerage, parks, and other public grounds, and for maintenance of the same; to authorize the condemnation of private property according to law, for the purpose of streets, sidewalks, alleys, lanes, sewerage, parks, public grounds, and all other public purposes; to provide for the issuing of bonds for public improvement according to law, and to provide for the payment of any and all bonds of said municipality, and for the levy of taxes for any and all of said purposes; to provide for the

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assessment and collection of taxes and valorem on property in said municipality, and a tax on business therein; to provide for and establish and maintain a system of lights and power for lighting the streets, public places, parks, private residence and business, and public buildings in said City; to provide for and establish a water system for said City and for the use of the inhabitants thereof, and fire prevention and commercial purposes; to provide for the erection of artesian wells, tanks, reservoirs, and sand pipes, to be used within connection with said water system, and to do and perform any act or acts necessary in supplying a complete water supply system for said City; to create a fund to be held separate and apart as the water supply system fund; to authorize the manner of granting franchises, easements, etc., to individuals and corporations; to provide for the establishment, maintenance and care of cemeteries of said City; to provide for the promotion of health by declaring health zones and other precautionary measures to insure the health of the citizens of said City; to provide for the establishment of a recorder's court, to provide for the manner of arrest, trial, and punishment of violators of the ordinance of said City; to provide a chain-gang for said City; to provide the manner assessing property subject to taxation by said City; to provide the manner of enforcing the collection of taxes of all kinds including street taxes, property taxes, license taxes, or other debts owing to said City; to authorize and empower the mayor and council of said City to pave or hard surface streets and sidewalks in said City, and to issue bonds for that purpose, and to assess the property of the owners affected, one-half the cost thereof, and to issue execution against said property owners for their assessments and enforce the collection thereof, to authorize the said City to issue bonds for any and all municipal purposes in the same manner as is now provided by law; to establish by ordinance, fire zone for said City: and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That from and after the passage of this act the City of Lambert located in the County of Liberty and

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State of Georgia, be, and the same is hereby incorporated under the name and style of The City of Lambert, and by that name it shall be and is hereby vested with all the rights, powers, and privileges incidental or necessary to municipal corporations in this state, and by this name, the City of Lambert, may be sued and may sue, contract, and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact by and through its Mayor and Council of said City of Lambert, such ordinances, rules, regulations, and resolutions for the welfare and proper government of said City, and for the transaction of the business of said City as such mayor and Council of the City of Lambert may deem good and proper, consistent with the Constitution and Laws of the State of Georgia, and of the United States; and the said City of Lambert is hereby authorized and empowered to purchase, hold, rent, lease, acquire, to receive by gift, donation, or otherwise, and to sell, exchange, enjoy, possess, and retain, temporarily or permanently, for any period of time any property, real or personal, any estate, lands or tenements, of any kind whatsoever it may deem needful or useful for corporate purposes. City of Lambert incorporated. General powers. Section II. Be it further enacted, that the corporate limits of said City of Lambert shall extend from a point one-half mile North of a point two-tenths of a mile East of the intersection of the center line of State Route No. 38 and the center line of the road running across State Route No. 38 and from State Route No. 38 to the Atlantic Coast Line Railroad Depot. The above intersection is known as Futch's Crossing. From the point of beginning the City limits extend one-half mile due East to a point, thence South one mile to a point, thence West one mile to a point, thence North one mile to a point, thence one-half mile East to the point of beginning. The above directions are to be with reference to magnetic North at the time the said City limits are laid out. City limits described. Section III. Be it further enacted, that the municipal government of said City of Lambert shall be vested in a Mayor and Three Councilmen, who shall compose the City Council, whose qualifications and manner of election are hereinafter prescribed. Mayor and Councilmen.

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Section IV. Be it further enacted, That any person who is a freeholder and resident of the said City of Lambert, who shall be twenty-one years of age or older, and is qualified to vote in said municipal election, and who shall have been a resident of the State of Georgia for a period of twelve months and of the City of Lambert for six months, shall be eligible to the office of Mayor and, or Councilman. Qualifications. Section V. Be it further enacted, That Charles R. Smiley, be, and he is hereby designated as Mayor of the City of Lambert, and that Grady E. Howard, Ulysees Rogers, and A. H. Gordon, Sr., be and they are hereby designated as Councilmen for the said city of Lambert, who shall hold office until their successors are elected and qualified as in this Act provided. The annual election for said mayor and councilmen shall be held on the first Saturday in December, 1947, and annually thereafter; and in the event the office of Mayor or councilman shall become vacant by death, resignation or removal, their successor shall be elected by a majority vote of the remaining council and the officer so elected shall hold office for the unexpired term, and until his successor is elected and qualified. Said Mayor and Councilmen, and all future Mayors and Councilmen of said City shall be freeholders owning real estate in said City. Officials designated. Term. Elections. Successors. Officials to be freeholders. Section VI. Be it further enacted, that all elections held under the provisions of this Charter, for regular or special, shall be held in the City Hall, or such other places as the Mayor and Council may hereinafter designate, and in the annual elections the poll shall be open from Twelve o'clock noon until Seven o'clock P.M.; and after counting the ballots and consolidating the returns of such election, the Superintendents shall certify the results to the Clerk of Council for delivery to the Mayor and Council, who shall meet on Monday following the election, and declare the result of said election, If any person shall desire to contest any election held under and by virtue of this Charter, said contest shall be held, and notice thereof given, as is now provided for contest of elections for County officers in this State. Election procedure. Contests. Section VII. Be it further enacted, That all persons

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who shall have paid all poll taxes due the State of Georgia and all ad valorem taxes due the City of Lambert and who shall have been a bona fide resident of said City for ninety days previous to the time of holding said election and who shall have registered as a voter therein, and who are otherwise qualified for members of the General Assembly of the State of Georgia, shall be considered electors and be entitled to vote in any election held in the City of Lambert, and no other person shall be so entitled to vote. Electors. Section VIII. Be it further enacted, That the City Clerk shall keep open at all times, a book for the registration of voters, and all qualified voters shall register with said clerk and take the usual oath. Except that said Clerk shall close said registration book thirty days before the annual election and no elector shall be entitled to register and vote in said election whose name does not appear on said registration book. The clerk shall then prepare a list of qualified voters from said registration book, and furnish same to the Managers of said election. Only such persons as whose names appear on said list shall be eligible to vote. All rules and regulations herein provided for the annual election shall be applicable to any and all special elections held in said City of Lambert, until and unless the said Mayor and Council shall prescribe such other and further regulations by proper ordinance of said City. Registration book and list of voters. Special elections. Section IX. Be it further enacted, That the City Council at their first meeting shall elect a Clerk whose duty it shall be to keep an accurate record and minutes of all minutes of the Council of said City, and shall act as registrar for the registration of all voters of said City, and shall perform all other duties to be prescribed for him or her by the mayor and council of said City. He shall devote so much time to the duties of said office as the mayor and council may prescribe, or as the business requires, and shall be paid such salary as the Mayor and Council may deem adequate. Clerk. Section X. Be it further enacted, That at the first meeting the Mayor and Council of said City, that body shall elect a treasurer of said City, fix his term of office, fix the amount of his bond and shall fix his salary, and determine

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his qualifications. He shall be custodian of all moneys and securities of the said municipality, keep a correct book account of the same and shall render an accounting thereof, when, and as called for by said City Council, and shall do and perform in his office such duties as said City Council may prescribe. Treasurer. Bond. Duties. Section XI. Be it further enacted, That the mayor of said City of Lambert shall act as recorder, who shall hear and determine all cases against individuals or corporations, who shall, or may be charged with violation of any of the City ordinances of said City of Lambert and any such offenders found guilty shall be punished as herein provided. As City Recorder he shall have all the power necessary to issue warrants for offenses committed in the corporate limits of said City for violation of State laws. Mayor as Recorder. Powers. Section XII. Be it further enacted, That the mayor of said City of Lambert shall be the Chief Executive officer of said City and shall see that the Ordinances, bylaws, rules and orders of the City Council are faithfully executed. He shall have control of the Marshal and police force of said City, and may appoint special officers to be known as deputy marshals whenever he may deem it necessary for the protection of persons or property, or the preservation of peace and good order in said City. He shall preside in all meetings of the City Council, but shall have no veto power. All City employees under the jurisdiction of the Mayor and Council shall be directly and immediately subject to the orders of the Mayor when the Council is not in session and he shall have a right to remove any City employee for cause, subject to final approval of the City Council either at the next succeeding regular meeting or a special meeting called for the purpose, approving the action of said mayor. The Mayor shall have general supervision of all of the affairs of the City. He shall have power and authority to convene the City Council in extraordinary session whenever in his judgment it is proper so to do and shall do and perform all such other duties and responsibilities as the City Council may impose by ordinance. Mayor's duties and powers. Officers, police force. City employees. Council meetings. Section XIII. Be it further enacted, That the Mayor and Council of said City of Lambert shall have the right

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and power to appoint or elect, a City Physician, a City Attorney, a City Engineer, a Superintendent of Construction, a Marshal, deputy marshals, and such other officers and employees necessary in the opinion of said Mayor and Council for the management and operation of said City of Lambert and to prescribe their duties and fix their salaries. Said Mayor and Council may provide by suitable ordinance for the consolidation of any two or more of said offices in one person. Said Mayor and Council shall determine which of said officers shall give bond and the amount of such bond and the securities therein. All such officers shall hold their employment during the pleasure of the Mayor and Council of said City of Lambert, and shall fix the salary each of said officers shall receive. City Physician, Attorney, Engineer, Superintendent of Construction, Marshal, Deputy Marshals. Bonds, tenure, salaries. Section XIV. Be it further enacted, That the said Mayor and Council shall have the right to create and maintain sanitary regulations, elect or appoint officers to have charge of the same and fix their salaries. They shall have the right in this connection to lay out and regulate sanitation in said City by prescribing and laying out said City in zones and to enact suitable rules and regulations for the maintenance of good health in said City. Sanitation. Officers. Zones. Section XV. Be it further enacted, That the said Mayor and Council shall have the right to lay out fire zones, in said City, to pass rules and regulations for the building, and preservation of business houses and dwellings, prescribe the material to be used in the construction thereof and to provide by suitable ordinance for permits for the construction of buildings in said City of Lambert and provide a fee for the grant of said permits. Fire zones, rules and regulations. Section XVI. Be it further enacted, That all persons owning property, real or personal, within the corporate limits of said City shall make returns thereon for taxation purposes to the Clerk of said City Council, or such other official as the Mayor and Council may direct and the books for receiving such returns shall be open on January 1st, of each year and shall remain open until May 1st, thereafter. Said property shall be returned by the property owner or his agent, on blanks to be furnished by said City at a fair market value of the property so returned. After the close

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of said books the said Mayor and Council shall examine the returns so made and in the event said property is returned for less than market value, they may, and are hereby authorized to assess said property for taxation purposes, and in the event said property should be returned at a value greater than its market value, said Mayor and Council may reduce the value placed thereon by the tax payer. And in the event the owner of property in said City fails to make a return thereof for taxation purposes as herein provided, then the Mayor and Council shall assess such property, and cause the same to be placed on the tax digest for taxation purposes, and as a penalty for the failure of such return, add a penalty of ten per cent to the amount of taxes due on said property as assessed. And said Mayor and Council may provide by suitable ordinance for the levy, assessment and collection of all taxes due said City, by the issuance of executions or other processes against the person and property located within said City, and enforce the collection thereof through its proper officers. Taxation. Section XVII. Be it further enacted, That the said Mayor and Council may levy a tax against the ad valorem property of said City of Lambert in an amount not to exceed ten per cent on the dollar of such taxable property for general purposes. Tax levy, limit. Section XVIII. Be it further enacted, That the Mayor and Council of said City shall have power and authority to license, regulate, and control all businesses or exhibitions operated or maintained within the said City, and shall have the power to assess and collect a license tax for the operation thereof, and shall have the right to license and collect license fees for the conduct of any business or trade conducted within said City, and the laying of such license fee shall constitute a lien on all of the property of the tax payer or person liable, and shall take rank as provided by law for city taxes. and shall provide by City Ordinance to protect a person from such license fees for the sale of produce in said City raised or grown by the owner who offers to sell. Licenses, taxes and fees. Lien, rank. Exemption. Section XIX. Be it further enacted, That upon default in the payment of ad valorem taxes, or license taxes as

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herein provided the City Clerk shall issue execution in the name of said City, which shall be levied by the marshal or his deputies upon the property of the tax payer, and as to land sell the same before the City Hall after advertisement of the time and place of sale, once a week for four weeks in the newspaper published in the County of Liberty in which the Sheriff's advertisements are made, to the highest bidder for cash, on the first Tuesday of the Month following the advertisement, within the legal hours of sale. And the marshal of said City shall execute deed and title to the purchaser at said sale, which deed shall have the force and effect of a Sheriff's Deed in this State. And all personal property levied upon by said marshal be sold before the door of the City Hall or usual place of holding council meetings after advertising place and time and terms of sale on the bill board of said City Hall or usual place of holding council meetings and two other places in said City by posting notice of said sale. And said marshal shall execute bill of sale for the purchase of said property, which shall have the effects of bills of sale executed by the Sheriffs of this State. Collection of ad valorem and license taxes. Procedure. Section XX. Be it further enacted, That should the Mayor of said City or any City Councilman thereof move his residence from said City, his office shall immediately become vacant, and the City Council shall so declare and the vacancy shall be filled as provided in this Act. Officials moving from City. Section XXI. Be it further enacted, That the Mayor and Council of the City of Lambert shall have police power for the regulation of the conduct of all persons and corporations within said City and to prescribe by ordinance a penalty for the violation thereof. Police power. Section XXII. Be it further enacted, That said Mayor and Council shall have power to define and abate nuisances within the City and within the water sheds therefrom leading to and from said City, to provide how and what notice such persons interested shall have for the abatement of any such nuisance and in the event said nuisance is not abated the City shall have a right by proper ordinance to destroy, remove or otherwise abate the nuisance at the expense of the property owner and any such person maintaining a

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nuisance after notice as herein provided, he, they or it may be liable in damages to any person injured thereby. Nuisances. Section XXIII. Be it further enacted, That the Mayor and Council of said City of Lambert shall have the power and authority to condemn private property for any public use of said City, under rules and regulations passed by said Mayor and Council and in accord with the provisions of the General Laws of Georgia on this subject. And said Mayor and Council shall have power and authority to grant franchises, permits, easements and rights of way over and on any of the property belonging to said City, and shall by ordinance prescribe rules and regulations for the operation of any business that may be operated on such property of said City for franchises, permits, easements or rights of way have been granted. Said City shall have the right and power to lay out fire limits of said City and by ordinance prescribe the kind of buildings constructed on any property, public or private within said fire limits, and shall have the right to authorize by permit the construction of such buildings as are by ordinance authorized, and shall by ordinance prevent the construction of such buildings within said fire limits that may be dangerous, or that may be a detriment to the health of said City. Condemnation. Franchises, permits, etc. Fire limits, ordinances. Section XXIV. Be it further enacted, That the Mayor and Council of said City of Lambert shall have power and authority to pass ordinances to require and provide for the pavement of streets, sidewalks, lanes and alleys of said City, and prescribe the materials to be used, and the character of such pavement, and to prescribe the method of payment thereof, and to this end the City of Lambert is authorized and empowered to apportion the cost of such pavement as may seem equitable and just, and in such amount as may seem equitable and just between the said city council and the abutting property owner on each side of the streets, sidewalks, lanes and alleys of said City, provided however that in no event shall the amount apportioned against the abutting property owners shall be more than one half the total cost of pavement and provided further that no such amount shall be apportioned for the construction of such streets, sidewalks, lanes and alleys unless

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a majority of the land owners fronting or abutting such streets, sidewalks, lanes or alleys shall first give their written consent. Such apportionment of the amount of such pavement as herein provided as may be assessed against the abutting property owner may be collected by the issuance of execution in the same manner as taxes are collected. and said executions may be levied on any property of the land owner abutting said street, sidewalk, lane or alley. Paving. Payment. Procedure. Section XXV. Be it further enacted, That the said City of Lambert shall have the right to purchase, construct, operate, and maintain a public park, or parks in said City, and shall have the right to establish and maintain within said City a cemetery or cemeteries for the burial of the dead either within or without the City limits of said City. Public parks. Cemeteries. Section XXVI. Be it further enacted, That the City of Lambert is authorized and empowered to purchase, operate, and maintain a system of lighting for said City and operate and maintain a public lighting system and the right and power to sell to the public including citizens and enterprises and towns outside the City of Lambert, electric current, gas, or other lighting or power method, and the Mayor and Council shall prescribe by ordinance the rules, regulations and rates, governing the operation of such lighting or power system, and said City of Lambert shall have the right and power to provide for an issue of bonds for the purchase, operation or any improvement of lighting or power system, including gas, as is provided in this section, under the rules and regulations as now prescribed by the laws of Georgia for the issuance of bonds by the several counties of this State. Lighting. Electricity, gas. Ordinances. Bonds. Section XXVII. Be it further enacted, That the City of Lambert is authorized and empowered to purchase, own, operate and maintain a system of water supply in said City, and the Mayor and Council of said City shall have the right and power to regulate the sale and use of said water power to the inhabitants of said City or other persons or corporations within or without said City, and shall have the right to issue bonds for the purchase, construction, maintenance, repair and extension of such water system, in said City. The Mayor and Council are authorized to create a water

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commission who, for and in the name of said City may take and hold lands, rights, franchises and property of every kind, purchased by the said City for the Construction of any water system, aqueduct, reservoir, or tanks and pipe for the conveying of said water, direction of buildings or machinery and otherwise equipping the system for use in said City. The said mayor and council shall have the power to fix rates, schedules, or rents, to be collected from themselves or other persons using said water, and all such monies so collected shall be turned over to the Treasurer and placed in the general funds of said City and expended as the mayor and council may direct. Water. Bonds. Water Commission. Powers and duties of Mayor and Council. Section XXVIII. Be it further enacted, that said City of Lambert is authorized and empowered to purchase, own, operate, and maintain a system of fire department and to make in the establishment, maintenance and operation thereof, and the said City is authorized to issue bonds, purchase property, real or personal for the installation of said system. Fire Department. Bonds. Section XXIX. Be it further enacted, That the said City of Lambert shall have the right to issue bonds for any and all public purposes whether herein authorized or that may be deemed needful or necessary by the said mayor and council, said bonds shall be issued in the same manner as bonds may be now issued by the several counties of the State, the said Mayor and Council acting for said City in the same capacity as the County Commissioners would act for said counties. The calling of this election, the fixing of the date thereof, the maturity and amount of said bonds shall be determined by the said mayor and council. And the said mayor and council shall have, and they are hereby given, the right to levy and collect a tax sufficient in amount to retire said bonds, principal and interest at maturity. Bonds for public purposes. Election. Tax to retire bonds. Section XXX. Be it further enacted, That the said Mayor and Council shall have the right and power to establish and maintain a chain gang in said city for the purpose of working person or persons who have violated the ordinances of said City and who have been sentenced to work on the chain gang by the courts of said City. Chain gang. Section XXXI. Be it further enacted, that the said

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Mayor and Council shall have, and they are hereby given the right to do and perform such acts and things as may be necessary or expedient for the conduct of the affairs of said City, and the welfare of its citizens, and such other general powers and authority as are granted to municipalities under the laws of the State of Georgia, or that may hereafter be granted to said municipalities. General welfare powers. Section XXXII. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed. Approved March 25, 1947. ELECTRIC STREET RAILROAD COMPANIES OWNING HYDRO-ELECTRIC PLANTSSALE OF PROPERTIESCORPORATE EXISTENCE CONTINUED. No. 101 (Senate Bill No. 21). An Act To amend an Act approved March 8, 1945, entitled An Act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell or otherwise dispose of their street railroad and bus properties and franchises, and to continue their corporate existence retaining all of the powers, rights and liabilities heretofore possessed in the operation of their electric plants, properties and franchises under current charters to the date of expiration thereof, notwithstanding the sale or other disposition of their street railroad and bus properties and franchises, and for other purposes (Acts 1945, p. 260), so as to make the same applicable to street railway companies owning and operating hydro-electric plants; and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Section 1 of the Act approved March 8, 1945, entitled: Act of 1945, sec. 1, amended.

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An Act to authorize electric street railroad companies incorporated under the laws of Georgia and engaged in street railroad and bus transportation and in the operation of electric plants, other than hydro-electric plants, for the generation of electric power and the distribution and sale thereof for light, heat and power purposes, to sell or otherwise dispose of their street railroad and bus properties and franchises, and to continue their corporate existence retaining all of the powers, rights and liabilities heretofore possessed in the operation of their electric plants, properties and franchises under current charters to the date of expiration thereof, notwithstanding the sale or other disposition of their street railroad and bus properties and franchises, and for other purposes. be and the same is hereby amended by deleting the phrase other than hydro-electric plants between the word plants in the eighth line of Section 1 and the word for in the ninth line of Section 1 and by further deleting all that part of said Section 1 after the word franchises in the twenty-second line of said Section 1, to wit: Made applicable to hydro-electric plants. Provided, this Act shall not apply to any corporation chartered by the Secretary of State as a consolidated corporation pursuant to Sections 94-1014, 94-1015, and 94-1016 of the Georgia Code of 1933 of two or more constituent corporations formed under the laws of this State for the purpose of operating by electricity a street railroad, suburban railroad or interurban railroad, or for the purpose of generating electricity, and whose gross annual revenue derived from all operations of the consolidated corporation at time of sale shall exceed the sum of seven million dollars. so that said Section 1, when amended, shall read as follows: Section 1. BE IT ENACTED by the General Assembly of Georgia and it is hereby enacted by authority of the same, that after the passage of this Act any electric street railroad company incorporated under the laws of Georgia and which, in pursuance of the laws of this State, in addition to operating street railroad and bus transportation facilities, is engaged in the operation of

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electric generating plants for the purpose of supplying motive power for the operation of its street railway and for the production, distribution and sale of electricity for light, heat and power purposes in the territory served, may sell and dispose of its electric street railroad and bus transportation service and equipment, including street railroad and bus franchises, and may continue its corporate existence and the operation of its electric power plants and facilities for the production, distribution and sale of electricity for light, heat and power purposes under the charter granted to it as a street railroad corporation to the date of expiration of such charter, notwithstanding the sale or other disposition of its street railroad and bus properties and franchises. Amended section. Section II. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947. SAVANNAH RIVER BRIDGE COMMISSION. No. 102 (Senate Bill No. 64). An Act To amend the Charter of the Mayor and Aldermen of the City of Savannah, and the several Acts amendatory thereof and supplementary thereto, incorporating the Mayor and Aldermen of the City of Savannah, by authorizing the Mayor and Aldermen of the City of Savannah to provide by Ordinance for the creation of a Savannah River Bridge Commission to consist of five (5) members, each of whom shall be appointed by the Mayor of the City of Savannah, with the approval of the Board of Aldermen of Savannah for a specified time, and whose duties shall be to locate, construct, improve, maintain and operate two or more municipally owned River bridges, and the streets and causeways leading to the approaches of each of said bridges to form a part of a highway from the State of Georgia into the State of South Carolina.

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(1) To cross the Savannah River at a location East of Bull Street in the City of Savannah; (2) To cross Back Savannah River. To authorize the Mayor and Aldermen of the City of Savannah to provide by Ordinances for the financing of said bridges and causeways by the issuance of negotiable securities under the Revenue Anticipation Act of 1937; to provide the rates or tolls, to be charged; the manner in which said bridges and causeways shall be operated by said Savannah River Bridge Commission; the compensation, if any, to be paid the members of said Bridge Commission, the Chairman, the Secretary, the necessary technical or professional employees, the Manager or Assistant Manager, the type of employees, the number of employees and the compensation of employees in said work; vesting in the Mayor and Aldermen of the City of Savannah, each and every power necessary to be enacted into law, provided that the authority of said Commission under the provisions of this Act, shall be purely administrative under the Mayor and Aldermen of the City of Savannah, without the delegation of any legislative power from the Mayor and Aldermen of the City of Savannah, and repealing all laws in conflict therewith; and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid that from and after the passage of this Act, the Mayor and Aldermen of the City of Savannah be authorized and empowered to provide by Ordinance for the creation of a Savannah River Bridge Commission to administer the location, financing, construction, improvement, maintenance and operation of two municipally owned River bridges of the City of Savannah: (1) To cross the Savannah River at a location East of Bull Street in the City of Savannah; and (2) To cross the Back Savannah River and to locate, construct, maintain, improve and operate streets and causeways leading to and including the approaches of each of said Bridges. The personnel of said Commission shall consist of five (5) members, each of whom, after the members first appointed, shall serve for a term of five years. The Mayor of the City of Savannah,

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with the approval of the Board of Aldermen of Savannah, shall appoint the first five members of the Commission by denominating Savannah River Bridge Commission. Creation by ordinance authorized. Functions. Personnel. for one member a term of 1 year expiring January 1, 1948, Terms. for one member a term of 2 year expiring January 1, 1949, for one member a term of 3 year expiring January 1, 1950, for one member a term of 4 year expiring January 1, 1951, for one member a term of 5 year expiring January 1, 1952. Their successors shall each be likewise appointed and shall serve for a term of five years, so that one member of said Commission shall be appointed each calendar year. In the event of a vacancy in office as to any member of the Board, the Mayor shall appoint, subject to the approval of the Board of Aldermen, a successor to fill such vacancy for a term identical with that of the member whom he may succeed. Vacancies. Section II. Be it further enacted by the authority aforesaid that the location of each Bridge and causeways leading to the same shall be selected by the said Commission with the approval of the Mayor and Aldermen of the City of Savannah, and shall form a part of a Highway from the State of Georgia into the State of South Carolina, with authority to said Commission to charge tolls for the use of such bridges and causeways. The said Commission, in the financing of the construction, improvement, maintenance and operation of said bridges and causeways, shall issue negotiable securities under the Revenue Anticipation Act of 1937. Bridges, causeways. Tolls. Negotiable securities. Section III. Be it further enacted by the authority aforesaid, that the Mayor shall appoint the members of the said Commission, subject to the approval and confirmation of the Board of Aldermen and shall name in the same manner a Chairman and Secretary, the person or persons to render said Commission necessary technical or professional

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services, a full time Manager or Assistant Manager, and shall prescribe by Ordinance, their duties and compensation, the type of employees, the number of employees and the compensation of employees in said work, and shall prescribe by Ordinance the duties and compensation governing said Commission and governing said River bridges and causeways to be so constructed. The Mayor or Acting Mayor shall at all times be an ex-officio member of said Commission. Members. Chairman, Secretary, Manager, Assistant, employees. Duties, compensation. Ex-officio member. Section IV. Be it further enacted by the authority aforesaid that said Savannah River Bridge Commission shall be separate and distinct from any other Committee of Council, which may have heretofore exercised or which may now exercise authority over any Savannah River bridge or approaches leading thereto, and there shall be no delegation of legislative authority from the Mayor and Aldermen of the City of Savannah to said Commission and the Mayor and Aldermen of the City of Savannah are expressly authorized and empowered to provide by Ordinance for all lawful things to be done which may be necessary or incidental to the financing, locating, constructing, maintaining, improving and operating of said bridges and causeways leading to the approaches of each of said bridges. Commission separate from committees of Council. Retained powers of Mayor and Aldermen. Section V. Be it further enacted by the authority aforesaid that any member of the Board of Aldermen is eligible for appointment to said Commission, provided however, that such member shall not be entitled to any compensation as a member thereof. Eligibility of Aldermen as members of Commission. Section VI. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with provisions of this Act be, and the same are hereby repealed. Approved March 22, 1947.

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BANKSPURCHASE OF STOCKS AND INVESTMENT SECURITIES. Code 13-2023. No. 103 (Senate Bill No. 36). An Act To amend Code Section 13-2023 pertaining to the purchase of stocks and investment securities by a bank by striking the amount of investment securities that may be purchased by a bank of 25% of the capital and unimpaired surplus and by inserting in lieu thereof the following: The total amount of such investment securities of any one obligor shall at no time exceed 10 per cent of the capital and unimpaired surplus. Provided, this limitation as to amount shall not apply to obligations of the United States Government, or of the State of Georgia, nor to obligations issued by the Federal Land Banks, Federal Farm Mortgage Corporations, Federal Home Loan Banks or to the Home Owners' Loan Corporation, or to other obligations guaranteed as to principal and interest by the United States Government; and for other purposes. Section I. Be it and it is hereby enacted by the General Assembly of the State of Georgia that Code Section 13-2023 which reads as follows: 13-2023. Purchase, etc., of stocks and investment securities. 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 stock 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

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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 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, or municipalities thereof which have been validated as provided by law. 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 a 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. be and the same is hereby amended by striking the sentence The total amount of such investment securities shall at no time exceed 25 per cent of the capital and unimpaired surplus of such bank; but this limitation as to this amount shall not apply to obligation of the United States, of this State, or of the several counties, districts or municipalities thereof which have been validated as provided by law. 13-2023 amended. And by inserting in lieu thereof the following: The total amount of such investment securities of any one obligor shall at no time exceed 10 per cent of the capital and unimpaired surplus. Provided, this limitation as to amount shall not apply to obligations of the

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United States Government, or of the State of Georgia, not to obligations issued by the Federal Land Banks, Federal Farm Mortgage Corporations, Federal Home Loan Banks or to the Home Owners' Loan Corporation, or to other obligations guaranteed as to principal and interest by the United States Government. so that said Code Section 13-2023 as amended will read as follows: 13-2023. Purchase, etc., of stocks and investment securities. 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 as 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 stock 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 securities of any one obligor shall at no time exceed 10 per cent of the capital and unimpaired surplus. Provided, this limitation as to amount shall not apply to obligations of the United States Government, or of the State of Georgia, not to obligations issued by the Federal Land Banks, Federal Farm Mortgage Corporations, Federal Home Loan Banks or to the Home Owners' Loan Corporation, or to other obligations guaranteed as to principal and interest by the United States Government. Nothing in this section is to be construed as applying to savings banks doing

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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 Super-intendent of Banks. To read. Stocks, etc. Bonds, etc. Limitation of amount of investment securities. Section II. All laws and parts of laws in conflict herewith be and the same is hereby repealed. Approved March 25, 1947. REFUNDING BOND COMMISSION. No. 104 (Senate Bill No. 68). An Act To provide for the creation of a Refunding Bond Commission, with the power to secure all necessary information, and to approve or disapprove the issuance of bonds for refunding any bonded indebtedness of any county, municipality, or political subdivision, including the authority to approve or disapprove the amount and terms of such refunding bonds, where such county, municipality, or political subdivision has not the funds available to meet the payment of the outstanding bonded indebtedness through failure to levy and collect the required taxes or through failure to maintain the required sinking fund for such bonds; and to prescribe the duties and powers of such commission, to provide for the validation of said bonds; and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that pursuant to the provisions of Article VII, Section VII, Paragraph VI of the Constitution, from and after the

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passage of this Act a Refunding Bond Commission be and is hereby created, said Commission to be composed of the individuals duly elected to the office of Secretary of State, Comptroller General and Attorney General of the State of Georgia. Commission created. Membership. Section II. Be it further enacted, that where any county, municipality, or other political subdivision of this State, shall have outstanding a bonded indebtedness issued prior to the Constitution of 1945, and where such bonded indebtedness has matured, or is about to mature, and such county, municipality or political subdivision has not the funds available to meet the payment of said indebtedness, through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds, the authorities of such county, municipality, or political subdivision may apply to such Refunding Bond Commission, in which application it shall set forth all the facts, that is to say, the amount of outstanding bonds matured, or about to mature, the rate of interest such bonds are bearing, the amount, if any, of funds on hand for the payment of such bonds, and the amount necessary to take up and redeem such bonds. Said application shall set forth also the total bonded indebtedness of such county, municipal corporation, or other political subdivision, and the amount of taxable property in said political subdivision, and the amount of bonds proposed to be issued, the rate of interest said bonds are to bear, the maturities of said bonds and such other information as may be reasonable and proper. Application to Commission on inability to meet payments on bonded indebtedness. Section III. Be it enacted by the authority aforesaid, that the facts set forth in said application shall be verified by the oath of the chief executive officer of applicant, with a certified copy of the ordinance or resolution, duly adopted, authorizing such application upon the part of said municipality, county, or other political subdivision. Procedure; powers of Commission. Said Commission, in its discretion, may require further and additional proof, and may provide for a hearing should it deem such hearing proper or necessary, or require additional information or proof, and its approval or disapproval of the right to issue refunding bonds shall be final from which no appeal can be taken.

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Section IV. Be it further enacted by the authority aforesaid that the said Refunding Bond Commission shall act on any such application within fifteen (15) days from the date of filing and if a majority of the members of said commission is satisfied that there is a proper case under the Constitution and this Act to issue such refunding bonds, then it shall approve the application and grant to the county, municipality or political subdivision the right to issue said refunding bonds. Said refunding bonds may then be issued by a majority vote of the governing body of such municipality, county or political subdivision and without an election, but the amount of bonds that can be issued cannot exceed the outstanding principal bonded indebtedness to be refunded and the said refunding bonds must mature serially and be paid off in approximately equal annual installments within twenty (20) years from the date of issue. Said refunding bonds shall not be sold for less than par and any premium received from the sale of such bonds shall be paid into the sinking fund hereinafter provided for. Said refunding bonds shall be validated in the manner and method as provided in Sections 87-301, et seq. Georgia Code 1933. Refunding bonds, issue. Validation. Section V. Before any of such refunding bonds are sold the authorities of the county, municipality, or political subdivision, shall levy a tax upon all property within the area of such political subdivision sufficient to pay the interest of such refunding bonds, and the principal amount thereof as it matures. Levy of sufficient taxes to cover interest. Section VI. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 25, 1947. DECATUR CHARTER AMENDMENTSSCHOOL TAXREFERENDUM. No. 105 (House Bill No. 294). 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,

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in the County of DeKalb, and the several Acts amendatory thereof by striking from the fourteenth line of Section 46 of said Act the words three-fourths of one per centum and inserting in lieu thereof the words one and one-fourth per centum so as to authorize a tax levy of one dollar and twenty-five cents on the one hundred dollars for the maintenance of the public schools of said City, and for other purposes; also, by striking the word Town wherever same appears in said Section of said Act and substituting in lieu thereof the word City; also, by striking the words mayor and council wherever same appear in said Section of said Act and substituting in lieu thereof the words City Commissioners. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 17, 1909, creating and establishing a new Charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof be and the same is hereby amended by striking from the fourteenth line of Section 46 of said Act the words three-fourths of one per centum and inserting in lieu thereof the words one and one-fourth per centum so as to authorize a tax levy of one dollar and twenty-five cents on the one hundred dollars for the maintenance of the public schools of said City; also, by striking the word Town wherever same appears in said Section of said Act and substituting in lieu thereof the word City; also, by striking the words mayor and council wherever same appear in said Section of said Act and substituting in lieu thereof the words City Commissioners, so that said Section 46 of said Act, when so amended, shall read as follows: Sec. 46, act of 1909 amended. Be it further enacted, That the revenues received by the City of Decatur, as its pro rata share of the State's common school fund, shall be appropriated and exclusively used in the support and maintenance of said public school system. Pro rata share of State's common school fund. The City Commissioners shall levy and collect such ad valorem tax upon all the property in said City subject

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to taxation as will be sufficient, when added to the sum received from the State common school fund, and any other educational funds as may come into the hands of the Board of Education, to support and maintain said public schools for at least nine scholastic months in each year; provided that said special school tax shall not exceed one and one-fourth per centum per annum upon said taxable property. School tax. The City Commissioners may provide for the payment of said special school tax in installments as in the case of collection of the general tax levied in said City, but said school tax shall be paid over to the Board of Education as collected, at the close of each month during which received. Payment. No part of said school fund shall be used for any other purposes than in the support and maintenance of said schools and school system, or in providing furniture and other necessary equipment therefor or in the repairs and upkeep of the buildings and grounds of said school. No new buildings shall be contracted for or erected by the Board of Education, except after express approval of the City Commissioners, and provision made by said City Commissioners for funds necessary therefor. Disbursement of school fund. Section 2. Be it further enacted by the authority aforesaid that the City Commissioners of the City of Decatur shall order and hold an election for the qualified voters of said City to determine whether said Section shall become operative; said election shall be called and held at such time as the City Commissioners of the City of Decatur may decide, but in any event not later than the first Wednesday in December, 1947; the election to be called and held and the results declared under the provisions of the Charter of said City for special elections. At this election the qualified voters of said City shall cast ballots having written or printed thereon the words For increase of school tax or Against increase of school tax. If at said election the number of ballots cast For increase of school tax constitute the required legal majority, then this Act shall become effective and operative; otherwise, not Referendum. Section 3. Be it further enacted by the authority aforesaid

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that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. WILCOX COUNTY TAX COMMISSIONER. No. 106 (House Bill No. 133). An Act to abolish the offices of Tax Collector and Tax Receiver in the County of Wilcox; to consolidate the offices of Tax Receiver and Tax Collector of Wilcox County; to prescribe the rights, liabilities, and duties of said officer; to provide that the laws now in force applicable to tax receivers and tax collectors shall be of full force and effect as to the County Tax Commissioner, so far as the same are applicable; to provide that taxes due and all fi.fas. shall have full force and effect and be collectible as such; to fix the salary of the Tax Commissioner, his assistants and clerical force; to provide the effective date of this Act; to provide for the election of the Tax Commissioner; to provide that all fees, costs and commissions now accruing to the Tax Collector and Tax Receiver shall be collected by the Tax Commissioner and paid over to the County Treasurer to become county funds; to provide for filling vacancies; to provide for bond and the payment of premium thereon by the County; to provide for the levying of a tax to pay salaries; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the offices of Tax Receiver and Tax Collector of Wilcox County, Georgia, be, and the same are hereby abolished, and the two offices are hereby consolidated into one office. Offices of Tax Receiver and Tax Collector abolished. Section 2. That the office of Tax Commissioner of Wilcox County, Georgia, is hereby created in lieu of said offices so consolidated and so abolished, and that the rights, duties, and liabilities of said office of Tax Commissioner of Wilcox County, Georgia, shall be the same as the rights,

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duties, and liabilities of the Tax Receiver and Tax Collector of said county, and that all laws applicable to said offices shall be applicable to the Tax Commissioner of said county, so far as the same can apply. Office of Tax Commissioner created. Section 3. That said Tax Commissioner shall be paid a salary of $3600.00 per annum, payable monthly, from County funds. The Commissioners of Roads and Revenue of Wilcox County are authorized to pay the salary of clerical help in a sum not to exceed $400.00 per annum. Any clerical help paid from County funds shall be selected by the Tax Commissioner. Salary. Clerical help. Section 4. That said Tax Commissioner shall have his office in Wilcox County, and he shall not be required to make any rounds to receive tax returns or tax payments. The Tax Commissioner shall keep his office open for business each business day except legal holidays. The County Commissioners of Roads and Revenues shall furnish to said Tax Commissioner his office and shall pay from county funds the expense of said office, including stamps, stationery and other supplies necessary for the performance of his duties. Keeping office open, supplies, etc. Section 5. That all taxes due and payable, and all tax fi. fas. issued by the Tax Collector of Wilcox County, Georgia, outstanding at the time this Act shall become effective as hereinafter provided, shall have full force and effect and shall be collectible as issued. Taxes due; outstanding tax fi. fas. Section 6. That all fees, costs, commissions and other compensation now or hereafter allowed by law to the Tax Receiver and Tax Collector of Wilcox County, for receiving and collecting tax for the State and political subdivisions thereof, shall be collected by the said Tax Commissioner and all such funds so collected, shall be paid into the treasury of the County of Wilcox as county funds subject to disbursement under orders of the Commissioners of Roads and Revenues. Fees, costs, commissions. Section 7. That in the event said office becomes vacant by death, resignation or otherwise, the vacancy shall be filled in the same manner as vacancies in the office of other county officers. Vacancy. Section 8. That before entering upon the duties of his

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office, said Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and Tax Receiver, and shall at the same time give bond and security as prescribed by statute. The bond premium shall be paid by the Commissioners of Roads and Revenues of Wilcox County from county funds. Oath and bond. Section 9. The Tax Receiver and Tax Collector of Wilcox County shall continue to perform their duties as such until the end of their terms for which they were elected, which expire on January 1, 1949. The Tax Commissioner shall be elected at the time of the electing of other county officers at the general election to be held in November, 1948. This Act shall become effective, and the Tax Commissioner who shall be elected at the general election to be held in November 1948 shall assume his office, on January 1, 1949. Date effective. Section 10. That said Tax Commissioner shall be, and is hereby made an ex officio member of the Board of Tax Assessors, and he shall work with and assist said Board in assessing taxes and securing taxation on all property. Ex-officio member of Board of Tax Assessors. Section 11. The Commissioners of Roads and Revenues of Wilcox County are hereby authorized and empowered to levy and collect tax on all taxable property in Wilcox County, sufficient to pay the salary of said Commissioner, his assistants, his clerical force, and expense of office as herein provided. Provision for salaries and expenses. Section 12. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 25, 1947. BLACKSHEAR CITY COURT AMENDMENTFEES AND COSTS, CLERK AND SHERIFF. No. 107 (House Bill No. 104). An Act to amend an Act entitled An Act to amend an Act to establish the city court of Blackshear in and for the county of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other

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officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said city court to the court of appeals by bill of exception or writ of error, and for other purposes, approved August 15th, 1911, approved August 6, 1914 (Georgia Laws 1914, pages 185, 193) by striking all of Section 5 of said Act and substituting and enacting in lieu thereof a new Section, so as to provide that the Clerk and Sheriff of the city court of Blackshear shall receive the same fees and costs as are now paid to the Clerk and the Sheriff of the Superior Court of Pierce County, except in cases in which the principal sum claimed does not exceed one hundred dollars ($100.00); and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved August 6, 1914 entitled An Act to amend an Act to establish the city court of Blackshear in and for the county of Pierce; to define its jurisdiction; to provide for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and for carrying cases direct from said city court to the court of appeals by bill of exception or writ of error, and for other purposes, approved August 15th, 1911 (Georgia Laws 1914, Pages 185, 193) be, and the same is hereby amended by striking all of Section 5 thereof which reads as follows: Sec. 5, act of 1914, and sec. 9, act of 1911, amended. Sec. 5. Be it further enacted by the authority aforesaid, That Section 9 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said Section as amended will read as follows: Section stricken. Sec. 9. Be it further enacted by the authority aforesaid, That the clerk and sheriff of said city court shall receive in all civil business transacted in said city court in which the principal sum claimed does not exceed one hundred dollars one-half of the fees which sheriffs and clerks of the Superior Courts receive, Provided, that in any case in which the principal sum claimed does

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not exceed fifty dollars which is not contested the defendant shall not be chargeable with more than four dollars as the entire costs of the case, and the remainder of the court costs in the case shall be paid by the plaintiff, and may be retained out of the sum recovered by the plaintiff, and, if that is insufficient, judgment shall be entered by the court against such plaintiff for the balance. In all other business, unless otherwise specified in this Act, said clerk and sheriff of said city court and their deputies shall receive for all services the same fees as are allowed by law for like services in the superior court. They shall be amenable to the same processes and penalties as are the officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as the clerk and sheriff of the superior court are now entitled to in the superior court and substituting and enacting in lieu thereof a new Section so as to provide that the Clerk and Sheriff of the city court of Blackshear shall receive the same fees and costs as are now paid the Clerk and the Sheriff of the Superior Court of Pierce County, except in cases in which the principal sum claimed does not exceed one hundred dollars ($100.00), and so that said Section shall read as follows: Section 5. Be it further enacted by the authority aforesaid That Section 9 of said Act creating the city court of Blackshear, approved August 15th, 1911, be and the same is hereby amended so that said section as amended will read as follows: New secs. 5 and 9. Section 9. That the Clerk and Sheriff of said City Court shall receive in all civil business transacted in said city court in which the principal sum claimed does not exceed one hundred dollars one-half of the fees which are now or which may be hereafter allowed the Clerk and Sheriff of the Superior Court of Pierce County, Provided, that in any case in which the principal sum claimed does not exceed fifty dollars which is not contested the defendant shall not be chargeable with more than four dollars as the entire costs of the case and the remainder of the court costs in the case shall be paid by the plaintiff, and may be retained out of the sum recovered by the

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plaintiff, and, if that is insufficient, judgment shall be entered by the court against such plaintiff for the balance. In all other business and cases, including criminal cases, unless otherwise specified in this act, said Clerk and Sheriff of said city court and their deputies shall receive for all services the same fees as are now or may be hereafter allowed the clerk and the sheriff, respectively, for like services in the Superior Court of Pierce County. They shall be amenable to the same processes and penalties as are the officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as the clerk and sheriff of the superior court are now entitled to in the superior court. Fees of Clerk and Sheriff. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 25, 1947. LITHONIA CORPORATE LIMITSMETHOD FOR EXTENSION. No. 108 (House Bill No. 129). An Act To amend the Charter of the City of Lithonia, and the several acts amendatory thereof by providing a method for the extension of the corporate limits of said City, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that that certain Act approved August 4, 1913, and incorporated in the Acts of 1913, pages 928 to 959, inclusive, and the several Acts amendatory thereof, be and the same is hereby amended, by striking from said Act Section 3 thereof, and inserting in lieu thereof the following section to be known as Section 3 of said Act: Sec. [Illegible Text], act of 1918, amended. Section 3. Be it further enacted that the corporate limits of the city of Lithonia shall extend in every direction one-half () mile from the present depot site of the Georgia Railroad and Banking Co., and the said

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corporate limits shall be the same as the Town of Lithonia under the Acts incorporating the same; provided that the Mayor and Council shall be empowered to extend the limits of said City of Lithonia by ordinances; provided further that the Mayor and the Council shall cause a correct plat to be made by some competent surveyor of the territory proposed to be annexed to said City, and shall then call an election to determine whether or not said territory shall be annexed. A copy of the proclamation calling such election shall be published once a week for the three weeks immediately preceding such election, in the gazette in which the Sheriff's advertisements are published in DeKalb County, and also in some weekly paper published in the City of Lithonia if there be such, and a copy of the proclamation calling such election shall be posted at the City Hall of the City of Lithonia, together with a copy of the plat of the territory proposed to be annexed, and a copy of such proclamation and plat shall be posted in at least two (2) other conspicuous places in said City, and in at least two (2) conspicuous places in the territory proposed to be annexed, at least thirty (30) days before the date of such election. The Mayor and Council of the City of Lithonia shall have the authority to provide the form of ballots used in such election, and such election shall be held in the same manner as other elections of said City. It shall be the duty of the Mayor and Council of said City of Lithonia to provide two (2) separate ballot boxes for such election. The qualified voters of the City of Lithonia shall cast their ballot in one (1) of said ballot boxes, and the land owners in the territory proposed to be annexed shall cast their ballots in the other ballot box, each owner of the fee simple title to any tract of land in said territory being entitle to one vote. The annexation shall not be effective unless a majority of those voting in such election shall cast their votes in favor of annexation in each of said ballot boxes. New section. Limits. Extension by ordinance. Referendum on extension so made. In the event that such election is in favor of annexation, the result thereof shall be spread upon the minutes of the City of Lithonia, and such territory shall be a part of said City and subject to its jurisdiction.

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Section 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict of this Act be and the same is hereby repealed. Approved March 25, 1947. DEKALB COUNTY COMMISSIONER OF ROADS AND REVENUESSALARY. No. 109 (House Bill No. 292). An Act to Amend an Act approved August 21, 1906, which is entitled, An Act to authorize the election of a Commissioner of Roads and Revenue for the County of DeKalb; to prescribe his power, duties and compensation; to repeal the act approved December 18, 1902, creating a Board of Commissioners of Roads and Revenues for said County, and for other purposes, and all acts amendatory thereof and, also to amend an act approved March 20, 1943, entitled, An Act to create and establish for DeKalb County a DeKalb County Waterworks Advisory Board; to define and prescribe the powers and authority of such Board; to provide qualifications for membership on said Board; to determine the method of appointment of members of said Board; to fix the compensation to which the members of said Board shall be entitled; to provide that the Commissioners of Roads and Revenues of DeKalb County shall be the administrator of said Waterworks system; and for other purposes, and all acts amendatory thereof so as to fix the salary of the Commissioners of Roads and Revenues of DeKalb County, Georgia and to provide how the same shall be paid and the proportion to be paid from the receipts of the DeKalb County Waterworks System, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That the Act approved August 21, 1906 (Georgia Laws, 1906, page 405) and all acts amendatory thereof, and the Act approved March 20, 1943 (Georgia Laws, 1943, page 941) and all acts amendatory thereof be

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and the same are hereby amended so that from and after the passage of this Act, the salary of the Commissioner of Roads and Revenues of DeKalb County, Georgia shall be Nine Thousand ($9,000) Dollars per annum, which shall be paid monthly as follows: Three-fourths of said salary shall be paid out of the County Treasury upon warrants drawn upon the County Treasury as other warrants are drawn and one-fourth of such salary shall be paid from the receipts of the DeKalb County Waterworks System and such sums shall constitute an administrative expense of said system. The salary so fixed shall constitute the entire compensation to which the Commissioner of Roads and Revenues of said County shall be entitled either as such Commissioner or as the Administrator of the DeKalb County Waterworks System. Salary of County Commissioner. How paid. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. DECATUR CHARTER AMENDMENTCOST OF LAYING SEWERS. No. 110 (House Bill No. 297). An Act to amend Section 38 of the 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 authorizing the City authorities of said City of Decatur to assess the entire cost for constructing sewers against the abutting property owners. 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 17, 1909, creating and establishing a new Charter and municipal government for the Town of Decatur, now

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City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof be and the same is hereby amended as follows: Sec. 38, act of 1909, amended. Section 2. By striking Section 38 of said Charter as amended entitled Sewers and Sewerage and substituting in lieu thereof the following Section to be known as Section 38 of the Charter of the City of Decatur, to wit: Section 38. Be it further enacted that the Commissioners of the City of Decatur shall have power and authority to lay down and construct and repair sewers, and a sewerage system, in said City, including the disposition of sewerage matter, and to assess the entire cost for same upon the property and estates respectively abutting on said sewer on each side of the street along which said sewer is laid or constructed; that is, one-half of the cost of such improvements shall be assessed against the real estate abutting on one side of the street and one-half of the cost of such improvements shall be assessed against the real estate on the other side of the street where said sewer is laid, 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 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; 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 only one-half of the cost 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 section. Sewers. How cost to be assessed. Rights of property owners. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 25, 1947.

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ALPHARETTA CHARTER AMENDMENTS. No. 111 (House Bill No. 267). An Act to Amend an Act approved July 31, 1920, Entitled an Act to Incorporate the Town of Alpharetta; to fix the limit of the Tax rate; to fix the compensation of the Mayor and members of the Council; to fix the hours of the election of the officers of said town; to prescribe the terms of office of officers of said town; to provide authority of said town to zone and district the same, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 of said Act of July 31, 1920, be amended by striking therefrom the word annually appearing in the first sentence thereof, and inserting in lieu thereof the words bi-annually; by striking the word one appearing in the first sentence and inserting in lieu thereof the word two; by adding a new sentence to said section to read as follows: Sec. 5, act of 1920, amended. It is provided that the terms of office of present officers of said town shall be extended until their successors are elected and qualified at the election to be held hereunder in January, 1949, so that said section, when amended, will read as follows: That on the first Monday in January, 1921, and biannually thereafter on the same day, an election shall be held in said town at the courthouse, the usual place for holding elections, for the purpose of electing a Mayor and a Council for said town, whose term of office shall be two years, or until their successors are elected and qualified. Their term of office shall begin on the first day of February following their election. At said election four Councilmen and a Mayor for said town shall be elected. In case no election is held at the regular time to elect the Councilmen as provided by this Act, a special election may be called by the acting Mayor and Council to be held on some other day, first giving twenty days notice of such election by posting a notice thereof in front of the Court House door in said town. It is provided that the terms of office of present officers of said town

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shall be extended until their successors are elected and qualified at the election to be held hereunder in January, 1949, Elections provided for hereunder shall be held under existing statutes but the hours of election shall conform to the hours prescribed by law for elections to membership in General Assembly. Mayor and Councilmen. Elections. Terms. Section 2. That Section 20 of said Act be amended by striking the word twenty from the last line thereof and inserting in lieu thereof the words two hundred so that said section, when amended, shall read as follows: Sec. 20 amended. That the Mayor and Council shall have full power and authority to license, regulate and control, and collect such taxes as to them shall seem proper, upon billiard tables, pool tables or any and all other tables kept and used for the purpose of playing or gaming, or renting, and on all ten-pin alleys or alleys of any kind which are kept and used for playing on with pins and balls or either, or for the purpose of renting the same, and on all peddlers, itinerants, merchants and traveling vendors of patent medicine, soap, notions, wares or any and all other articles of merchandise, being sold or offered for sale either for himself or for another, upon merry-go-rounds, doll racks, knife racks, shooting galleries and all other business of like character; upon all insurance companies, accident companies, guarantee companies, soliciting business in said town, or their agents. Said Mayor and Council shall have power and authority to levy and collect a tax of not exceeding two hundred dollars for each exhibition of all itinerant shows, circus, riding, moving picture shows and all sleight-of-hand tricks of any kind whatsoever, coming under the description of shows, and all traveling concerts, theatrical companies or persons performing, showing or exhibiting for pay. All of said taxes shall be fixed by said Mayor and Council, and they may be enforced by execution as other taxes, or the Mayor and Council may provide by ordinance for the arrest, fine and imprisonment of anyone failing to pay any such taxes as they may owe said town, or for doing business without first paying said taxes. Said Mayor and Council are also authorized to levy and collect an annual tax from all individuals, contractors, firms and corporations engaged in business in said town and to

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issue to them proper business license, other than those hereinbefore mentioned. The collection of said business taxes may be enforced by execution as other taxes, two hundred dollars to be the limit under this clause. Licenses of occupations. Special taxes. Section 3. That Section 49 of said Act be amended by striking the first nine sentences and inserting in lieu thereof the following: The Mayor shall be entitled to a salary of $240.00 per annum, and each member of the Council shall be entitled to $60.00 per annum, said amounts to be paid monthly from the general funds in the Treasury of said town, so that when amended, said section shall read as follows: Sec. 49 amended. The Mayor shall be entitled to a salary of $240.00 per annum, and each member of the Council shall be entitled to $60.00 per annum, said amounts to be paid monthly from the general funds in the Treasury of said town. The marshal or marshals shall be entitled to the following fees: For making arrest and upon conviction, two dollars. For serving subpoenas, twenty-five cents each. For levying fi. fas. or other executions, thirty cents. For keeping horses, mules, ox or cow, hogs or any other stock or fowls, the same as allowed for sheriffs. For other service, such compensation as the Council may think reasonable and just in addition to the fees herein provided. The treasurer of said town shall receive six and one-fourth per cent upon all money paid over to him or coming into his possession. The Clerk of said Council is authorized to act as treasurer if elected by the Council to fill said place, or any other member of said Council other than the Mayor may act in said capacity. Salaries of Mayor and Councilmen. Fees of officers. Section 4. That Section 27 of said Act be amended by striking therefrom the words seventy-five cents appearing in the first sentence thereof and inserting in lieu thereof the words one dollar and twenty-five cents, so that said Section, when amended, shall read as follows: Sec. 27 amended. That for the purpose of raising revenue for the support and maintenance of the government of the said Town of Alpharetta, and Mayor and Council of said town shall have full power and authority for assessment, levy and collection of an ad valorem on all real and personal

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property, including money, notes, bonds and all other evidences of debt, and of all kinds of property in said town owned or held therein, of not exceeding one dollar and twenty-five cents on each one hundred dollars worth of property, this tax not to conflict with a levy of tax for the purpose of working streets, roads and sidewalks and for paying interest on any bonded debt that may hereafter be created or for the payment of the principal of the same. The Mayor and Council are hereby authorized to levy taxes on all of the property above named to pay interest on any and all bonded indebtedness issued by the town and for the improvement of the streets of said town, or for any and all necessary improvements of whatsoever kind and nature. Ad valorem tax. Rate. Section 5. That said Act be amended by adding thereto a new section to be appropriately numbered and to read as follows: New section. Be it further enacted that the Mayor and Council may select any citizen or citizens of the State of Georgia to act as Marshal or Marshals for said town. The Marshal or Marshals shall each give a good solvent bond to the Mayor and Council and their successors in office in the sum of Two Hundred Dollars, said bond to be approved by the Mayor for a faithful discharge of his or their duties as Marshal or Marshals of said town. The salary of said Marshal or Marshals shall be fixed by the Mayor and Council in their discretion, and shall be payable monthly. And the said Mayor and Council after their said election and qualification may elect such subordinate officers for said town as may be required or as the public welfare may require. The Mayor and Council to prescribe the duties of such officers and oaths of office together with such bonds for a faithful carrying out of the same. All said officers shall hold at the pleasure of the Mayor and Council. The Mayor and Council, after the Marshal or Marshals of the town shall fail or refuse to discharge their duties, then and in that event shall dismiss said Marshal or Marshals and employ others in their place instead. Town Marshal. Section 6. That said Act be amended by adding thereto a new section to be appropriately numbered and to read as follows: New section.

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The Mayor and Council are authorized to prescribe by Ordinance such rules and regulations and procedures to zone and district the said town of Alpharetta for such uses as might best serve the citizens and residents thereof, and to prescribe in like manner regulations and procedures governing and fixing plans for the development and improvement of real property therein, inclusive of regulations designed to reduce fire hazards. Zoning ordinances authorized. Section 7. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, repealed. Approved March 25, 1947. LITHONIA CHARTER AMENDMENTASSESSMENTS FOR COST OF PAVING AND CURBING. No. 112 (House Bill No. 127). An Act to amend the Charter of the City of Lithonia and the several Acts amendatory thereof, by providing that the Mayor and Council shall have full power and authority to assess the entire costs of paving sidewalks and placing curbing by same, against the real estate abutting on the street. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That that certain Act approved August 4, 1913, and incorporated in the Acts of 1913, Pages 928 to 959, inclusive, and the several Acts amendatory thereof, be and the same is hereby amended, by striking from line 11 of paragraph one (1) of Section 35 of said Act the words and figures one-half () of the actual; and by substituting in lieu thereof the words the entire so that said paragraph of said Section, as amended, will read as follows: Sec. 35, act of 1913, amended. Section 35. Be it further enacted, that the Mayor and Council shall have full power and authority in their discretion and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes

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of said city, now or that hereafter may be opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares or public alleys. In order to make effective the power and authority hereby given, and to provide funds therefor, said Mayor and Council shall have full power and authority to assess the entire cost of paving sidewalks and placing curbing by same, against the real estate abutting on the street, but only on one side of the street on which the sidewalk is improved, if on one side only. Grading, paving, etc. Assessments. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 25, 1947. CORONER'S INQUESTSEMPLOYMENT OF STENOGRAPHER IN CERTAIN COUNTIES. No. 113 (House Bill No. 215). An Act to provide that in all of the counties of this State having a population, according to the official United States census of 1940, or any future official census, of not less than 83,783 and not more than 83,799, the Coroner in said counties be authorized to employ a stenographer to take down and transcribe the evidence at any Coroner's inquest; to provide further that the compensation of such stenographer shall be fixed by the County Commissioners of the counties, or other fiscal authorities thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the same, that, from and after the passage of this Act, in all counties having a population, according to the official census of the United States for the year 1940, of not less than 83,783 and not more than 83,799, and according to any future official census, the Coroner, in such counties, employ a stenographer to take down in shorthand and write out in typewriting all of the evidence at any inquest held by such Coroner; the compensation of such stenographer shall be fixed by

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the County Commissioners of the counties affected hereby, or such other authorities who may be in control of the fiscal affairs of said counties, or any of them. Counties affected. Stenographer, employment. Compensation. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. WARNER ROBINS CHARTER AMENDMENT. No. 114 (House Bill No. 208). An Act to amend the charter of the municipality of Warner Robins, (Georgia Laws 1943 pages 1624 to 1642 inclusive) by providing in Section 12 of said charter that the Corporation may levy taxes at a rate of 15 mills instead of 5 mills as provided in said section, 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 12 of the charter of the municipality of Warner Robins (Georgia Laws 1943 pages 1624 to 1642 inclusive) be, and the same is hereby amended, by striking therefrom the figure (5) and inserting in lieu thereof the figure, (15), so that said section as amended shall read as follows: Sec. 12, act of 1943, amended. Section 12. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; upon banking, insurance, and other capital employed therein; upon salaries and income derived from property and business within the City, and upon gross sales within the City; provided that no tax upon real or personal estate or property shall exceed fifteen (15) mills upon the value thereof, the exact tax levy to be determined by resolution of the Mayor and Councilmen. Taxes. Rate. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947.

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TELFAIR COUNTY SUPERIOR COURTFINES AND FORFEITURES. No. 115 (House Bill No. 171). An Act For the disposition of fines and forfeitures accumulating in the Superior Court of the county of Telfair, State of Georgia, by providing that all funds arising from fines and forfeitures in said superior court be applied first to payment of solvent and insolvent costs accruing in criminal cases in said court and that the remainder of said funds, if any, be paid one-third to the clerk of the superior court of said county, one-third to the sheriff of said county and one-third to the Solicitor General of the Oconee Judicial Circuit for the use of said county, and for other purposes, Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all funds arising from fines and forfeitures in the Superior court of the County of Telfair, State of Georgia, be applied first to the payment of solvent and insolvent costs accruing in criminal cases in said court and that the remainder of said funds, if any, be paid one-third to the Clerk of the Superior court of said county, one-third to the Sheriff of said county and one-third to the Solicitor General of the Oconee Judicial Circuit for the use of said county. Distribution of surplus fines and forfeitures. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. HAPEVILLE AMENDMENTSDUTIES AND ELECTIONS OF OFFICERS. No. 116 (House Bill No. 302). An Act To amend an Act approved July 15th, 1927, entitled an Act to Amend an Act approved September 16, 1891, incorporating the City of Hapeville, and for other purposes, to define the duties of Alderman of the City

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of Hapeville; to amend an Act approved July 29, 1914, entitled an Act to amend an Act approved September 16, 1891, incorporating the City of Hapeville, to provide for elections of officers of the said City of Hapeville, and for other purposes, and to provide for four-year terms of office for the Mayor, Councilmen and Alderman, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted under authority of the same: Section I. That an Act approved August 15, 1927, amending an Act approved September 16, 1891, incorporating the City of Hapeville, and for other purposes, be and the same is amended by adding to Section 7 of said Act the following: Act of 1927, sec. 7, amended. It is further provided that the Alderman elected pursuant to authority contained in this Act shall serve as Mayor Pro Tempore, and, in the absence or disqualification of the Mayor, he shall perform all of the acts and duties devolving upon the Mayor by law. In the event of a vacancy in the office of the Mayor, whether the same be a vacancy in term or a vacancy in office, such Alderman shall serve as Mayor until a successor to the Mayor whom he succeeded by operation of law is selected and qualified. Addition. Alderman as Mayor Pro Tempore. Mayor, vacancy. Section II. An Act approved July 29, 1914, amending an Act approved September 16, 1891, incorporating the City of Hapeville is amended by striking the word annually, occurring in the first sentence of Section 7, and inserting in lieu thereof the word bi-annually; by striking the last two words of the first sentence, to wit: each year, and inserting in lieu thereof the words each alternate year; by striking the last clause in the second sentence of said section, to wit: provided, nothing herein shall be construed as changing the terms of office of the Mayor and Councilmen of said City and by inserting in lieu thereof the following: The terms of office of the Mayor and Councilmen and Alderman is fixed at four years; and by striking from said section the last two sentences thereof, so that said section, when amended, will read as follows: Act of 1914, sec. 7, amended. Officers' terms of office.

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That on and after the passage of this Act, elections for the offices of Mayor and Councilmen and Alderman of said city shall be held bi-annually at the Council Chambers of said city or at such other places as the Mayor and Council may designate, on the first Tuesday in December of each alternate year. The hour for opening the polls shall be seven o'clock in the forenoon, and the polls shall be kept open from that time until seven o'clock in the afternoon. The terms of office of the Mayor and Councilmen and Alderman is fixed at four years. Elections. That said Act, approved July 29, 1914, be, and the same is, further amended by adding a new section to be known as Section 7(a), and to read as follows: New sec. 7(a). Section 7(a). Successors to the present incumbents in the offices of Mayor, Councilmen and Alderman, shall be elected for a term of four years in each instance, and their terms of office shall date from the respective dates on which said terms expire and quadrennially thereafter as provided by law governing elections in the City of Hapeville. Terms of successors to incumbents. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, repealed. Approved March 25, 1947. HENRY COUNTY COMMISSIONERSINCREASE IN CLERK'S SALARY. No. 117 (House Bill No. 168). An Act To amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues of Henry County, Approved August 8th 1921, and the several Acts amendatory thereof; to provide for increase in salary of the Clerk of the Board of Commissioners. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section I. That the Act creating the Board of Commissioners

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of Roads and Revenues of Henry County, approved August 8th 1921, and the Acts amending said Act, be and the same are hereby amended, so that said Act as amended: Act of 1921 amended. Will provide an increase in salary to be paid the Clerk of the board of Commissioners in an amount not to exceed the sum of One Hundred and Twenty-Five ($125.00) Dollars per month in the discretion of said Board of Commissioners. Clerk's salary, increase. Section II. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 25, 1947. MORTGAGE OR BILL OF SALE TO SECURE DEBTWHAT PROPERTY EMBRACED. Code 67-103 amended. No. 118 (Senate Bill No. 41). An Act To amend Section 67-103 of the Code of Georgia of 1933, said Section relating to what a mortgage may embrace, by striking said Section in its entirety and inserting in lieu thereof a new Section to be known as Section 67-103, which new Section shall provide that a mortgage or bill of sale to secure debt may embrace all property in possession or to which the mortgagor or grantor has the right of possession at the time, or may cover a stock of goods, an inventory of merchandise (which latter term shall include materials, goods in process, and finished goods intended for sale, whether or not requiring further manufacturing or processing), or other things in bulk but changing in specifics, in which case the lien of the mortgage or the title given to secure debt is lost as to all articles disposed of by the mortgagor or grantor up to the time of foreclosure, but attaches to purchases made to supply their place, and, when expressly so stipulated therein, to other afteracquired additions to the original stock of goods, inventory of merchandise, or the other things in bulk originally

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mortgaged or conveyed to secure debt, and that mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation, and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. That Section 67-103 of the Code of Georgia of 1933 is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Section to be known as Section 67-103 which shall read as follows: 67-103 stricken. 67-103. What mortgage or bill of sale to secure debt may embrace.A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at the time, or may cover a stock of goods, an inventory of merchandise (which latter term shall include materials, goods in process, and finished goods intended for sale, whether or not requiring further manufacturing or processing), or other things in bulk, but changing in specifics, in which case the lien of the mortgage or the title given to secure debt is lost as to all articles disposed of by the mortgagor or grantor up to the time of foreclosure, but attaches to the purchases made to supply their place, and, when expressly so stipulated therein, to other after-acquired additions to the original stock of goods, inventory of merchandise, or the other things in bulk originally mortgaged or conveyed to secure debt. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation. New section. What property embraced. Goods, etc. After-acquired additions. Instrument securing bonds. Section II. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved March 25, 1947.

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MONTGOMERY SUPERIOR COURTDISPOSITION OF FINES AND FORFEITURES. No. 119 (House Bill No. 239). An Act for the disposition of fines and forfeitures accumulating in the Superior Court of the county of Montgomery, State of Georgia, by providing that all funds arising from fines and forfeitures in said Superior Court be applied first to payment of solvent and insolvent costs accruing in criminal cases in said court and that the remainder of said funds, if any, be paid one-third to the clerk of the Superior Court of said county, one-third to the Sheriff of said county, and one-third to the Solicitor General of the Oconee Judicial Circuit for the use of said county, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all funds arising from fines and forfeitures in the Superior Court of the County of Montgomery, State of Georgia, be applied first to the payment of solvent and insolvent costs accruing in criminal cases in said court and that the remainder of said funds, if any, be paid one third to the Clerk of the Superior Court of said county, one third to the Sheriff of said county, and one third to the Solicitor General of the Oconee Judicial Circuit for the use of said county. Disposition of funds. Section II. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. HAPEVILLE CHARTER AMENDMENTS. No. 120 (House Bill No. 301). An Act To amend an Act to incorporate the City of Hapeville, and for other purposes, approved September 16, 1891, and the several Acts amendatory thereof, conferring on said City of Hapeville extraterritorial jurisdiction

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over water pipes, valves, hydrants, meters and accessories used in connection with the water system of said City: To confer upon said City jurisdiction to abate nuisances and to provide procedure therefor, to authorize the issuance of cost executions and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a Charter for the City of Hapeville, approved September 16, 1891, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1891 amended. Section 1. For all police purposes, such as peace, good order, health, morals, the control and regulation over the water pipes, valves, hydrants, meters and accessories used in supplying of water wherever extended, or through which water is served and supplied by the City of Hapeville Water Works outside the city limits of Hapeville, and for the full distance of all said water pipes, and for the full length of said mains, and for all pipes and service connections extending therefrom, and for a distance of three hundred (300) feet on all sides of said mains or pipes, the City of Hapeville shall have jurisdiction of the enforcement of all ordinances, rules and regulations of said City, having for their purpose the exercise and control over the water service supplied by said city; and furthermore, the city shall have the right to make laws, rules and regulations for the control of water service wherever supplied inside or outside of the city limits, and to fix penalties for the violation thereof. Any person guilty of the violation of any of the ordinances, rules and regulations of the City of Hapeville enacted for said purposes as aforesaid, within the jurisdiction as above extended shall be subject to the jurisdiction of the Recorder's Court of the City of Hapeville in the same manner as for offenses committed within the city limits. City's authority over water system and service. Ordinances, etc. Penalties. Section 2. Any vacant lot in the City of Hapeville on which weeds, debris, trash or waste matter has been allowed to accumulate to such extent that the presence of such matter on the vacant property creates conditions likely

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to cause a fire or, spreading of fire, or an imminent danger to the health or welfare of the adjacent community by the spread of disease or epidemic, shall be subject to be declared a nuisance and abated in the manner herein set out. Nuisances on vacant lots. Section 3. Proceedings for the abatement of the nuisance declared in the above section shall be as follows: The Chief of the Sanitary Department shall cause summons to be issued from the Recorder's Court of the City of Hapeville, directed to the owner, if known and a resident of the City of Hapeville, or if the owner is a nonresident but said property is under the management of an agent of the owner, resident of Hapeville, shall be directed to such agent, to show cause why the nuisance should not be abated. Said notice to set out the particulars in what manner said vacant lot constitutes a nuisance, and the same shall be personally served on the owner, if a resident, and upon his agent if he is not a resident, and if the owner is unknown and his residence is unknown, with no resident agent in charge of said property, then by publication one time in a newspaper of general circulation, published in the City of Hapeville, five days before the date of the hearing, such summons and notice shall state the time and place of the hearing to be had in the Recorder's Court of the City of Hapeville. Abatement. Procedure. Section 4. If on said hearing before the recorder it shall be adjudged that the said nuisance should be abated the judgment of said recorder shall provide that unless said nuisance be abated within five days by the party proceeded against, the Chief of the Sanitary Department or his assistants shall be authorized to enter upon said vacant property and abate said nuisance by the cleaning off and removal of the matter thereon constituting the nuisance, which shall be done by said city authorities at the expense of the owner and charged against the property, and judgment for costs of court. Recorder's judgment. How enforced. Section 5. In the event the chief of the Sanitary Department or his assistants abate said nuisance, the actual cost and expense of said city in clearing away and removing said matter declared to be a nuisance shall be declared a charge and a lien upon the said property on which said

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nuisance was abated. Said charge and lien shall be fixed in the following manner: Upon the abatement of said nuisance the Chief of the Sanitary Department shall render a written statement to the owner of said property if known, or to the owner's agent if the owner be a nonresident, or if the residence of the owner be unknown, by publication in a newspaper of general circulation in the City of Hapeville, by being published one time, showing the actual cost of abating said nuisance and demanding the payment of said expense, and if the same be not paid within thirty days from the date of said notice, the Chief of the Sanitary Department shall certify to the Mayor and General Council a statement showing the actual cost of abating said nuisance and the cost of advertising, and the Mayor and General Council are authorized by ordinance to declare said charge and expense a lien against the real estate on which said nuisance was abated, which lien or charge may be enforced by execution, levy and sale in the manner as executions now authorized under the provisions of the charter of the City of Hapeville for street improvements. The property owner shall have the same rights and defenses to the said execution, as now exist in defense of executions issued under assessments for paving of streets. Costs and expenses, charge and lien; execution, levy, sale. Procedure. Section 6. No person, firm or corporation shall be authorized to maintain or operate a tourist or trailer camp in which accommodations or provisions for transient persons traveling by automobile or trailer until and unless permission has been granted by the Mayor and General Council, and said Mayor and General Council shall have authority to fix and designate the localities in which said camps may be operated, and fix by ordinance and provide penalties therein, rules and regulations for the operation of said camps. Tourist or trailer camps. Permission to maintain. Ordinances. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947.

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FULTON COUNTY PENSION AND RETIREMENT PAY TO TEACHERS AND EMPLOYEES OF BOARD OF EDUCATIONAMENDMENTS. No. 121 (Senate Bill No. 35). 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 Commissioenrs 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, as amended by an amendment enacted by the Legislature of Georgia and approved by the Governor of Georgia on January 31, 1946 so as to increase the amount of pension hereafter allowed to a member, or the beneficiary of a member, who continues in active service as a teacher or employee after being entitled to retire as a matter of right; to provide that upon death after ten or more years of service of a member who has specified his wife or minor child as beneficiary and made contributions for that purpose a pension shall be paid to such member's surviving wife to whom he had been married five or more years prior to death and, if none, to such

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member's minor children; to fix the amount of each such pension, the terms and conditions upon which same shall be paid, and the beneficiary or beneficiaries entitled to receive same; to provide the length of time for which pensions not heretofore provided by said act shall be paid; to provide that a female teacher or employee may designate a minor child or children, but not her husband, as beneficiary; to provide for an election by a member to obtain benefits for a widow or minor children after marriage or remarriage or after birth of a child to such member, the procedure therefor and the effect thereof; to provide for optional discontinuance by a member of additional contributions for benefits to a widow or minor children upon death of all expectant beneficiaries or upon occurrence of circumstances which make it improbable that such member will be survived by a beneficiary eligible to receive a pension; to define the amount necessary to be paid into the Pension and Retirement Fund by members who desire to obtain credit for prior years of teaching experience in other Georgia schools receiving public funds in whole or in part; to provide that teachers employed since February 2, 1945 may elect during a period of ninety (90) days following approval of this amendment to obtain credit for prior teaching experience in Georgia schools receiving public funds and the conditions upon which such credit may be obtained; to provide for optional participation by the present or any future County School Superintendent of Fulton County, and their beneficiaries, and the conditions, effect and terms of such participation; to provide for continuance of membership in the pension system created by said Act as amended for members who are promoted or elected to the office of County School Superintendent of Fulton County; to provide for credit to members for prior years of service as County School Superintendent in any other County or as Superintendent of Schools of any independent public school system in Georgia other than Fulton County and to make participation and added contributions for the benefit of widows and minor children mandatory as to members hereafter employed having a widow or minor child or

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children eligible to participate as beneficiary; to provide for the payment of a travel allowance to members of the Pension Board for the actual number of miles travelled in Fulton County for the purpose of attending meetings of said Board; to authorize the designation by members of a beneficiary to receive any refund of contributions to the Pension and Retirement Fund payable after death and the effect of such designation; to provide that any new section, provision, right or benefit added to said Act by this amendment if unconstitutional at the time of approval of this amendment shall become valid and enforceable upon subsequent ratification of a constitutional amendment authorizing same; to provide a separability clause; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the act named in the caption of this bill which is 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,

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as heretofore amended by an amendment enacted by the Legislature of Georgia and approved by the Governor of Georgia on January 31, 1946, be and the same is hereby further amended in the following particulars: Section I. Section 5 of said Act (which is published Georgia Laws 1945, p. 531) is amended by adding thereto a new paragraph to read as follows: Act of 1945, sec. 5, amended. The amount of pension hereafter allowed to a member or to the widow or minor child of a member, who continued in the active service of the Fulton County School System after having both attained the age and completed the years of service required by either clause (a) or clause (b) of Section 4 of said act for retirement as a matter of right shall be increased as provided in this paragraph for additional years of service by such member after such member had attained the age and also had completed the length of service requirements provided by Section 4 for retirement as a matter of right. If such pension is hereafter allowed to a member, the amount thereof shall be increased by the sum of Four and 00/100ths ($4.00) Dollars per month for each such additional year of service and if such pension is hereafter allowed to the widow or minor child of a member, the amount thereof shall be increased by the sum of Three and 00/100ths ($3.00) Dollars per month for each such additional year of service; provided, however, that the increase provided by this amendment shall not authorize any teacher or employee to continue in the service of the Board of Education after the time now provided by said act for compulsory retirement. As an example of the increase provided by this section, if a teacher or employee who (a) upon attaining the age of fifty-five (55) years had served twenty-five (25) or more years in said school system, or (b) upon attaining the age of sixty (60) years had served twenty (20) or more years in said school system, should not then retire but should continue in active service as a teacher or employee for additional years which do not extend beyond the compulsory retirement age, the amount of pension thereafter allowed to such teacher or employee who is otherwise eligible to receive a pension, would be the amount

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provided by Section 5 of said act plus an additional Four and 00/100ths ($4.00) Dollars per month for each full year of service rendered by such teacher or employee after he or she was entitled by Section 4 of said act to retire as a matter of right; and if such pension should hereafter be allowed to the widow or minor child of such member, the pension so allowed to a widow or minor child would be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each additional full year of service rendered by such member after he or she was entitled to Section 4 of said act to retire as a matter of right. New paragraph. Pensions. Increase. Example. Section II. Be it further enacted by the authority aforesaid that Section 6 of said act (which is published Georgia Laws 1945, pp. 531 and 532) as heretofore amended is further amended by adding thereto new paragraphs to read as follows: Act of 1945, sec. 6, amended. A female teacher or employee may designate her minor child or children as beneficiary, but not her husband. If a teacher or employee, after having designated a wife or minor child as beneficiary should cease to have a beneficiary qualified to receive a pension in the event of his or her death, either because of the death of all beneficiaries named in this law or because of the marriage or attainment of the age of eighteen (18) years by the youngest minor child, or because of a divorce granted to such member, then such member may at his or her option cease to make further contributions for such member's wife or minor child as beneficiary, in which event contributions theretofore made for the benefit of a wife or minor child shall not be refunded except in accordance with the provisions of Section 9 of said act. New paragraphs. Designation of beneficiaries. Changes. Option. Refund. An election to redesignate a wife or minor child or children as beneficiary and to recommence additional payments into the pension and retirement fund as provided by Section 6 of said Act for said purpose may be made by a member within sixty (60) days after marriage or within sixty (60) days after birth of a child to such member by giving written notice of such election to the Treasurer of the Pension and Retirement

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Fund provided, however, that the person making such new election shall within a period of two (2) years thereafter, in addition to current requirements, pay into the Pension and Retirement fund such additional percentage of such member's monthly salary as will equalize the contribution of such electing member with the contribution of other teachers and employees made during the same prior years and months of service for the same benefits, together with three (3%) per cent interest thereon from the months during which other members currently made their contributions for the same benefits. Election to redesignate beneficiaries. Notice. Proviso. For example, a member employed by the Board of Education continuously since May 1, 1945 and not desiring credit for teaching experience in other Georgia schools shall, if designating wife or minor child or children as beneficiary, pay the additional one (1%) per cent required by Section 6 of said act as amended for all periods of service back to the month of May 1945, and a member first employed by the Board of Education on September 1, 1945 and not desiring credit for teaching experience in other Georgia schools shall for the same purpose make such additional contribution for all periods of service back to September 1, 1945. A member electing pursuant to Section 10 or to Section 10 as amended to obtain credit for years of teaching experience in other Georgia schools receiving public funds in whole or in part shall, in order to obtain for such member's widow or minor child or children the right to succeed to pension rights, also pay such additional one (1%) per cent, based on initial salary paid by said Board of Education for the number of years of prior service in other Georgia schools for which credit is sought as provided by Section 10 of said act as amended. Example. Effective with the date of the approval of this amendment participation for the benefit of members' widows or minor child or children shall be compulsory as to all members hereafter employed having either a wife or minor child or children, unmarried, and under the age of eighteen (18) years. Participation compulsory on whom. Section III. Be it further enacted by the authority

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aforesaid that Section 8 of said act be, and the same is, hereby amended by adding a new paragraph thereto to read as follows: Act of 1945, sec. 8, amended. In case a member shall die while in the active service as a teacher or employee of the Fulton County School System and before retirement after having not less than ten (10) years of active service to his credit as a teacher or employee of the Board of Education and after paying for the benefit of a widow or minor child or children the additional percentages of salary required by Section 6 of said act or any amendment thereto, then the surviving wife of such member to whom he was married five (5) or more years prior to death, if any, and if none, then the minor child or children of such member unmarried and under the age of eighteen (18) years, may apply for and receive as a pension a sum equivalent to seventy-five (75%) per cent of the amount of pension that such teacher or employee would have been entitled to receive had such teacher or employee not died but had become as of the date of death totally and permanently disabled because of accident or illness and for that reason entitled to a pension as provided by Section 13 of said act. Such pension, if paid to a widow, shall be paid to her only so long as she remains a widow and upon her death or remarriage shall be continued to the surviving minor child or children of such member as the term `minor children' is defined by Section 1 of said act. New paragraph. Death after 10-years' service, etc. Who may receive pension. What. Widow or surviving children. Section IV. Be it further enacted by the authority aforesaid that the above entitled act be and the same is hereby amended by striking and eliminating Section 9 thereof which is published in Georgia Laws 1945, pp. 532 and 533 and by substituting therefor a new section to be known as Section 9 reading as follows: Act of 1945, sec. 9, stricken. Section 9. If any teacher or employee severs his or her connection with the said Board of Education before retiring, under the provisions of this act, or dies before being entitled to retire, then such member, if living, or the person entitled thereto under the next sentence of this section, as the case may be, shall be entitled to a refund from said pension and retirement fund of all contributions made by such teacher or employee less

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a charge not exceeding one-half of one (%) per cent per year. Any contributing member may, by written designation filed with the Treasurer, specify any person, whether related to him or not, to receive from the County Treasurer any refund of a percentage of such member's contribution which may become repayable in the event of such member's death, and if such written designation remains on file with the Treasurer at time of death, such refund shall be paid in accordance therewith. If no written designation currently remains of file at the time of the death of a member, such percentage of contribution shall then be refunded to the estate of such deceased member. New section. Refunds, when and what. Designation of person entitled. If none made before death, to whom paid. Section V. Be it further enacted by the authority aforesaid that Section 10 as heretofore amended is further amended by adding a new paragraph thereto to read as follows: Sec. 10 further amended. The amount of a new member's contribution made pursuant to Section 10 for the purpose of gaining credit for prior years of teaching experience in Georgia (not exceeding ten (10) years, shall be the percentage of initial salary that members currently paid on their salaries for the same benefits during the same number of years immediately prior to commencement of the employment of such new member by the Board of Education. For said purpose the same percentage which Fulton County teachers paid during the same number of years for which credit is desired shall be applied to such new member's initial salary, beginning with the percentage applicable immediately prior to the new member's employment by the Board of Education and extending back in reverse order for the number of years (not exceeding ten (10)) for which prior credit is desired. New paragraph. Contribution of new member: what percentage. Section VI. Be it further enacted by the authority aforesaid that a new section to be known as Section 11A be and the same is hereby added to said act as amended to read as follows: New sec. 11 A. Section 11A. For a period of ninety (90) days following approval of this amendment any teacher employed by the Board of Education after February 2, 1945 shall

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have the privilege of filing with the Pension Board the certificate provided by Section 11 of said Act as amended. If such teacher shall thereafter, and within a period of two (2) years from the date of filing such certificate, pay into the Pension and Retirement Fund in addition to current requirements the amount specified in Section 10 of said Act as amended such teacher shall thereupon become entitled to credit for not exceeding ten (10) years of teaching experience in other Georgia schools receiving public funds in whole or in part, upon the same terms and conditions and to the same extent provided for other members by Section 10 and 11 of said Act as amended. When certificate under sec. 11 to be filed. Payments within 2 years from certificate. What credit. Section VII. Be it further enacted by the authority aforesaid that a new section be, and the same is hereby, added to said act as amended, to read as follows: New section. Subject to the conditions named in this section, membership in the pension system established by said Act shall be available to the present County School Superintendent of Fulton County, provided and on condition that he gives notice to the Treasurer of his willingness to participate as a member within sixty (60) days from the approval of this amendment. Subject to the conditions named in this section, membership in said pension system shall likewise be available to any future County School Superintendent of Fulton County who has not theretofore been a member, provided and on condition that he gives notice to the Treasurer of his willingness to participate as a member within sixty (60) days from his qualification as County School Superintendent of Fulton County. Before the present or any future County School Superintendent of Fulton County, their widows or minor children can receive any benefits under this act he or they must within a period of two (2) years from the giving of such notice to the Treasurer pay into the Pension and Retirement Fund the same percentage of salary received as County School Superintendent or as a teacher or employee or (in the case of one elected to such position without prior service in Fulton County) the same percentage of initial salary paid by the Board of Education or the County Treasurer as other members paid, or are required to pay into the Pension

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and Retirement Fund for the same benefits, together with three (3%) per cent interest thereon from the months during which other members currently made their contributions for the same benefits. If a County School Superintendent should elect to participate by giving the notice provided by this section, all obligations and privileges of teachers and employees and their beneficiaries which are not inconsistent with this section shall apply to such County School Superintendent and his or her beneficiaries. When membership available to County School Superintendent. Procedure. What payment. Obligations and privileges. A member elected or promoted to the office of County School Superintendent of Fulton County shall thereafter remain a member so long as he or she continues to serve as County School Superintendent of Fulton County, or as an employee of the Board of Education. Any member who has served in prior years as County School Superintendent in any other county in Georgia other than Fulton County or as Superintendent of Schools of any independent public school system in Georgia other than Fulton County, shall have credit for such prior years of service as School Superintendent in such other county, provided and on condition that such member equalizes his contribution with the contributions of other employees for the same benefits as provided by said act and the amendments thereto. Members elected or promoted to be such Superintendent. Persons formerly holding office in other county. Credit when. Section VIII. Be it further enacted by the authority aforesaid that a new section be added to said act as amended to read as follows: New section. Members of the Pension Board shall receive as a travel allowance the sum of ten ($.10) cents per mile for the actual number of miles travelled in Fulton County for the purpose of attending meetings of the Pension Board, not exceeding twenty-four (24) meetings per year, to be paid by checks drawn on the Pension and Retirement Fund. Travel allowance, Pension Board. Section IX. Be it further enacted by the authority aforesaid that if any section, provision, right or benefit added by this amendment is unconstitutional at the time of the approval of this amendment, each such section, provision, right or benefit shall become valid and any benefit

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provided thereby shall accrue upon subsequent ratification of a constitutional amendment authorizing same. If unconstitutional part becomes valid. Section X. Be it further enacted by the authority aforesaid that if any part, parts or section of this amendment should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portions of this amendment, which remaining portions the General Assembly intends shall continue in force as if such amendment had been passed and the unconstitutional portions thereof eliminated. If part declared unconstitutional. Section XI. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this amendment be and the same are hereby repealed. Section XII. Be it further enacted by the authority aforesaid that General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this bill was published in the manner required by Article 3, Section 7, Paragraph 15, of the Constitution of Georgia, 1945. Publication of notice. Approved March 25, 1947. GARBAGE DISPOSAL IN CERTAIN COUNTIES. No. 122 (Senate Bill No. 80). An Act To amend an Act approved March 16, 1937, entitled An Act to authorize the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof in all counties in this State having a population of 200,000 or more inhabitants by the U. S. Census of 1930, or any future U. S. Census, to improve the sanitary conditions of the county by providing systems of garbage disposal and to make rules and regulations in connection therewith; to authorize the levy of assessments or charges for such garbage disposal facilities; to provide for the issuance of executions for said assessments or charges; to authorize the making of contracts and the employment of persons to carry out the purposes of this Act, and to authorize the enforcement

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of rules and regulations for the carrying out of this Act by punishment as for misdemeanor and for other purposes; by adding nine additional sections to said Act, said additional sections to be known as Sections 9, 10, 11, 12, 13, 14, 15, 16 and 17; so as to authorize the Board of Commissioners of Roads and Revenues, or other county authority in charge of the roads and revenues thereof, in all counties in this State having a population of 200,000 or more inhabitants by the U. S. Census of 1930, or any future U. S. Census, to create one or more or any number of garbage disposal districts or areas in such county outside the incorporated areas of any city, town, or municipality, and to levy assessments against all property within said areas or districts upon which is located any house, residence, building, apartment, tenement, or other structure, and against the owners thereof, which assessments shall be uniform within each of said districts or areas as against all property upon which is located any house, residence, building, apartment, tenement or other structure, provided that lots or parcels upon which are located more than one house or residence shall pay an assessment for each house or residence, and upon which an apartment or tenement is located shall pay an assessment for each apartment or tenement unit, and property upon which is located a hotel, boarding house, office building or commercial or business establishment shall be assessed especially as provided by resolution of the County Commissioners or other county authority at the time of the levying of the annual assessment; to provide that said assessments need not be uniform throughout the county; to require that the owners, occupants, and persons in charge of all houses, residences, buildings, apartments, tenements, and all other structures located in said garbage disposal districts or areas, permit the removal of garbage by the authorities of such county from and after the creation of such districts or areas; to provide that the assessments levied shall be collected by the Tax Collector in the same manner as ad valorem taxes, (with the right and duty in the Tax Collector to issue executions therefor as for ad valorem taxes) said assessments to be due and payable at the same time, and to have the

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same lien, dignity, and priority as the ad valorem tax due such county, said assessments to be liens against the land upon which there is located any house, residence, building, apartment, tenement or other structure; to authorize said Board of Commissioners or other county authority in charge of roads and revenues to make rules and regulations to facilitate the removal and disposal of garbage, and to carry out the purposes of this Act, a violation of any of which shall be a misdemeanor; and to provide that said Board of Commissioners or other county authority may enter into contracts with persons, firms, corporations and political subdivisions to carry out the purposes of this Act; to provide that the authority conferred by this Act shall be authority in addition to that conferred upon said Board of Commissioners or other county authority by said Act approved March 16, 1937; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved March 16, 1937, entitled An Act to authorize the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof in all counties in this State having a population of 200,000 or more inhabitants by the U. S. Census of 1930, or any future U. S. Census, to improve the sanitary conditions of the county by providing systems of garbage disposal and to make rules and regulations in connection therewith; to authorize the levy of assessments or charges for such garbage disposal facilities; to provide for the issuance of executions for said assessments or charges; to authorize the making of contracts and the employment of persons to carry out the purposes of this Act, and to authorize the enforcement of rules and regulations for the carrying out of this Act by punishment as for misdemeanor and for other purposes; be, and the same is hereby, amended by adding thereto the following additional sections, to be known as Sections 9, 10, 11, 12, 13, 14, 15, 16 and 17. Section IX. In addition to the authority contained in Sections 1 through 8, inclusive, of said Act, the Board of

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Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof in all counties in this State having a population of 200,000 or more inhabitants by the U. S. Census of 1930, or any future U. S. Census, shall have the following additional authority with respect to providing systems of garbage disposal. Counties where applicable. Section X. Such Board of Commissioners of Roads and Revenues of such county, or other authority having charge of the roads and revenues of the county, shall have the power and authority to create one or more or any number of garbage disposal districts or areas in such county outside the incorporated limits of any city, town or municipality. Such districts or areas need not be unfirm as to area or population, but shall be created so as shall best, in the judgment of said Board of Commissioners or other county authority, in charge of the roads and revenues thereof, facilitate the collection and disposal of garbage. Said garbage disposal districts or areas shall be created and set up by resolution of said Board of Commissioners of Roads and Revenues, or other county authority in charge of the roads and revenues, which resolution shall lay out and define the district or area thereby created, and be entered upon the minutes of said Board of Commissioners or other county authority, and shall take effect on the date specified in the resolution as the effective date. Garbage disposal. Districts in county. Board of Commissioners to act. Procedure. Section XI. At the time of the passage of any resolution creating, laying out and defining any such garbage disposal district or area, or at any time thereafter, said Board of Commissioners of Roads and Revenues, or other county authority in charge of the roads and revenues thereof, shall also provide by resolution for assessments for garbage disposal services and for the purpose of establishing and maintaining garbage disposal, said assessments to be levied for each of said districts or areas. Said assessments shall be uniform within each district or area, except as provided in Section 12 hereof, but need not be uniform within the county or unincorporated areas thereof. Said Board of Commissioners of Roads and Revenues or the county authority, shall have the power to change, alter or amend the limits of such garbage disposal districts or areas, to consolidate

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any districts or areas, from time to time; and to lower or increase the assessments with respect to any district or area; provided, however, that assessments shall be levied annually (with the right to levy an assessment for the remaining part of the year in which any district or area is first created), and assessments levied for a particular year shall be effective for the whole of that year. Assessments. Powers of Board. Section XII. Said assessments shall be levied annually against all the property within the district or area upon which is located any house, residence, building, apartment, tenement or other structure, and against the owners thereof. It shall have the same lien, dignity and priority as ad valorem taxes due the county, and shall be a lien against the property. Said assessments shall be uniform within each area and uniform against each lot or parcel of property upon which is located any house, residence, building, apartment, tenement or other structure, provided, however, that any lot or parcel upon which is located more than one house or residence shall have levied against it and the owners thereof an assessments for each house or residence located thereon; a lot or parcel upon which there is located a tenement or apartment house shall have levied against it, and the owners thereof, an assessment for each apartment, tenement and residence unit; and, provided further, that as to each lot or parcel having thereon a hotel, boarding house, office building, or commercial or business establishment, said assessment need not be uniform with other assessments within said district or area, and shall be especially fixed and may be established at a higher figure by the resolution of said Board of Commissioners or other county authority at the time of the levy of the annual assessment. Annual levy. Lien like taxes. How properties affected. Other assessment provisions. Section XIII. Said assessments shall be collected by the Tax Collector of such county at the same time and in the same manner as ad valorem taxes due the county, and the Tax Collector may issue, and it shall be his duty to issue, executions therefor in the same manner and at the same time as executions for ad valorem taxes due the county; and said assessments when collected shall by the Tax Collector be paid into the treasury of the county. Collection like county taxes. Executions. Proceeds. Section XIV. Said Board of Commissioners of Roads

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and Revenues, or other county authority in charge of roads and revenues thereof, shall have authority to establish rules and regulations to effectuate the purposes of this Act, and for the purpose of requiring and compelling the owners and occupants of houses, residences, buildings, apartments, tenements or other structures to facilitate the removal of garbage, to provide where garbage shall be placed for removal, to provide how it shall be kept by the occupant of any house, residence, building, apartment, tenement or other structure, prior to removal, and to require the assistance and cooperation of such occupants with respect to garbage removal. A violation of any such rule and regulation so established shall be a misdemeanor and shall be punished as for a misdemeanor. Rules and regulations to enforce Act. Penalty. Section XV. Said Board of Commissioners of Roads and Revenues, or other county authority in charge of the roads and revenues thereof, shall have authority to enter into contracts with such persons, firms, corporations, and political subdivisions, and upon such terms and conditions as it shall deem proper, to carry out the provisions of this Act, and to facilitate the removal and disposal of garbage in said districts or areas set up and established under the provisions of this Act. Contracts by Board. Section XVI. Be it further enacted by the authority aforesaid, that if any of the provisions of this Act shall be held to be unconstitutional, the same shall not be held to invalidate the remaining provisions of this Act. If part unconstitutional. Section XVII. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 25, 1947. HAPEVILLE CITY MANAGER. No. 123 (House Bill No. 303). An Act To amend an Act to incorporate the City of Hapeville, and for other purposes, approved September 16, 1891, and the several Acts amendatory thereof, to authorize the creation in the city government of said city

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the office of City Manager; to provide the manner of selection of an incumbent for said office; to fix the compensation of said incumbent and to prescribe his duties; to fix his term of office, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section I. The Mayor and Council of the City of Hapeville are authorized to create in the City Government of the City of Hapeville the office of City Manager. City Manager authorized. Section II. The term of office of the City Manager shall run concurrently with that of the Mayor, regardless of the beginning date of the term of any City Manager. Term. Section III. The salary of the City Manager shall be not less than twenty-five hundred dollars per annum and not more than seven thousand five hundred dollars per annum, as the Mayor and Council might prescribe. Said salary shall be payable from the same funds, and in like manner as other salaries of officers and employees of said city are paid. Salary. Section IV. The City Manager shall implement the policies of the Mayor and Council as such policies are expressed by ordinances and resolution. The Mayor and Council shall prescribe such other duties to be performed by the City Manager as might be consistent with law, but no duty shall be so assigned which devolves by law upon officers of said city elected by the people. Duties. Section V. The Mayor and Council may, in their discretion, abolish and re-create at will the office authorized by Section I hereof by the adoption of an appropriate resolution, which shall be spread upon the minutes of the Mayor and Council. Power to abolish or re-create. Section VI. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are repealed. Approved March 25, 1947. SYLVESTER CHARTER AMENDMENTS. No. 124 (House Bill No. 241). An Act to amend an Act entitled An Act to create a new charter for the City of Sylvester, to declare the rights,

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powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation etc., approved August 18, 1919, which charter Act is published in Georgia Laws, 1919, pages 1317-1352, and Acts amendatory thereof; so as to provide that the polls in city elections shall be kept open from 8 A. M. to 6 P. M., to provide for creation of a Board of Registrars in and for said City, and to provide for the terms and appointment of the members thereof; to authorize the assessment, levy and collection of ad valorem tax upon all property within the City of Sylvester, not to exceed fifteen mills, that is, $1.50 on each $100.00 of taxable property, for ordinary current expenses; to extend and to enlarge the corporate limits of City of Sylvester, and to describe the additional territory to be annexed; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia that An Act to create a new charter for the City of Sylvester to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; which charter Act was approved August 18, 1919, and published in Georgia Laws 1919, pages 1317-1352, and Acts amendatory thereof, be and the same hereby are amended as follows: Act of 1919 amended. Section 2. That Sub-Section (5) of Section 6 of said charter Act is hereby amended to read as follows, the polls in city elections shall be open from 8 A. M. to 6 P. M., standard time. Subsection 5, sec. 6, amendment. Polls in elections. Section 3. That Section 20 of said charter Act is hereby amended by striking therefrom the words one per cent., and by inserting in lieu of the stricken words the following one and one-half per cent., that is, $1.50 on each $100.00 of taxable property; so as to authorize said City of Sylvester to assess, levy and collect ad valorem tax upon all property, real and personal, annually, not to exceed one and one-half per cent., that is, $1.50 on each $100.00 of taxable property, for ordinary current expenses; in addition

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to whatever levy is necessary for bonds from time to time. Sec. 20, amendment. Tax levy, etc. Section 4. That the incorporate limits of said City of Sylvester are extended and enlarged to embrace and to include the following described additional territory, to wit: Tract One:that certain body of land lying and being in Lot of Land No. 357 in the 7th Land District of Worth County, Georgia, containing 9.64 acres, according to plat prepared by I. H. Mann, C. E., and further described as follows: beginning on original West line of said Lot No. 357, at point which is 106.5 feet Southward from Northwest corner of said land lot, and from this beginning point running thence South 89 degrees and 42 minutes East 513.7 feet; thence running South 1 degree and 15 minutes West 850 feet; thence running West along corporate limit line after amendment of 1939 to original West line of said Lot No. 357; and thence running Northward on original west line of said land lot to point of beginning. Tract Two:that certain tract of land lying and being in Lot of Land No. 357 in the 7th Land District of said county, containing 6.56 acres according to plat prepared by I. H. Mann, C. E., and further described as follows: beginning at point which is the intersection of the South boundary of Price Street and the East boundary of East Avenue, thence running along South boundary of Price Street South 89 degrees East 577.25 feet to right-of-way of G. A. S. C. Railway Company; thence running along West boundary of said right-of-way South 13 degrees 50 minutes West 566.9 feet to South boundary of Pinson Street extended, there rejoining the present incorporate limits of said City; and thence running West to the incorporate limit line as it existed after the amendment by Act of 1939; and thence North along such 1939 city limit to starting point. New city limits. Section 5. That Subsection (2) of Section 8 of said charter Act, which Act was approved August 18, 1919, (which subsection is printed on portions of pages 1328-1329 of Georgia Laws 1919), is hereby stricken and repealed; and a new Subsection (2) of said Section 8 is hereby enacted and inserted in lieu thereof in said charter, as follows: (2). The Clerk of Council, or other registering officer appointed by the Mayor and Council in the sickness or absence of the Clerk, may in his discretion, require in any case the applicant for registration to take the following

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oath before him: `I do solemnly swear that I am at least 18 years of age, and I am qualified by citizenship, residence and constitutional qualifications, to vote for members of the General Assembly of Georgia in the County of Worth, and that I will have resided in the City of Sylvester for not less than three months at the time of the election.' And when applicants are so sworn, a minute of that fact shall be entered opposite their names on the list. That all persons shall have the right of appeal from the decision of such clerk, or other registering officer, refusing any person the right to register; and such appeal shall be made by the aggrieved applicant within three days from the date of the decision complained of; and each such appeal shall be determined by the Board of Registrars within five days from the time such appeal is filed with the Clerk of Council. In addition to deciding such appeals, the Board of Registrars shall have the duty and authority to purge the registration list, immediately prior to each election, of all persons illegally registered thereon, and also to purge from such lists prepared by said Clerk the names of any and all persons who are not qualified as voters in said City; provided, however, that no registered person who is still a resident of said City shall be purged and stricken from the registration list without having been given at least one day's notice to show cause why his or her name should not be stricken and removed from the list of voters. Said Board of Registrars, or a majority of them, shall have the power to hear evidence and to determine the qualifications or disqualifications of all voters. That at the first regular meeting of the Mayor and Council in January of each year, the Mayor and Council shall appoint three registrars, who shall be registered and qualified voters of said City, to act as said Board of Registrars. If not appointed at such regular meeting for any reason, the appointment may be made at a subsequent meeting. Said registrars shall be sworn faithfully and impartially to perform the duties of their office and shall hold over in each case until their successors are elected and qualified. The Mayor and Council each year shall fix the compensation to be paid to such registrars, but it shall not exceed $5.00 per day for each registrar for the actual time expended upon the work. That when the list of registered voters is prepared and

Page 555

purged as aforesaid before each election, the board of Registrars, or the majority of them, shall make up and deliver to the Clerk of Council, prior to the opning of the polls, the purged list of registered voters, arranged alphabetically, with the ages, occupations and residences of the voters named therein, white and colored being arranged separately. The Clerk of Council shall also certify this list, and the same shall constitute the only official list of registered voters, and the managers shall return the same to the Clerk of Council after the election, for safe keeping by the Clerk. Subsection 2, sec. 8, stricken. New subsection. Oath of registrant. Minute on list. Appeal from refusal to register. Board of Registrars. Duties. Purging list. Other powers. Appointment. Oath. Compensation. Procedure. Section 6. That Sub-Section (4) of Section 8 of said charter Act, as amended by an Act approved August 16th, 1920, is further amended as follows: by striking the words Mayor and Council from the fifth line of said subsection as the same appears on page 1329 of Georgia Laws 1919, and by inserting in lieu thereof the words Board of Registrars; and said subsection is further amended by striking the words Mayor and Council as they appear in line twenty-two of the printed text appearing on page 1545 of Georgia Laws 1920, and by inserting in lieu thereof the words Board of Registrars, so as to constitute the Board of Registrars instead of the Mayor and Council to purge the list of voters immediately prior to each election. Subsection 4, sec. 8, amended. Board of Registrars to purge lists of voters. Section 7. That should any portions of this Act be held invalid, then such fact shall not affect or destroy other provisions and clauses of this Act. If part invalid. Section 8. Be it further enacted that all parts of laws in conflict with this Act be, and the same hereby are repealed. Approved March 25, 1947. FITZGERALD CHARTER AMENDMENTS. No. 125 (House Bill No. 263). An Act To amend an Act amending and revising the Charter for the City of Fitzgerald and entitled: An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22,

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1907, and the several Acts amendatory thereof, and for other purposes, approved August 17, 1914, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Sec. 32 of the existing charter of the City of [Illegible Text], as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved March 24, 1933, be, and it is hereby, amended by inserting in said Section immediately following the words, the city engineer, the following words, the city veterinarian, the chief of police, the chief of the fire department, so that said Section, as amended hereby, shall read as follows: Acts of 1914 and 1935 amended. Sec. 32. Be it enacted further by the authority aforesaid, That no officer or employee of the city who is elected by the qualified voters or by the mayor and council shall be eligible to hold any office in said city, except the superintendent of water and lights, the city engineer, the city veterinarian, the chief of police, the chief of the fire department and the city architect, unless he is qualified to vote for the members of the General Assembly and for mayor and aldermen under the provisions of this charter. Amended sec. 82. Officers and employees, qualifications. Section 2. Be it further enacted by the authority aforesaid, That Sec. 46 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved February 13, 1941, be, and it is hereby, amended by inserting in said Section immediately following the words, city engineer, the following words, a city veterinarian, a city health officer, and by inserting in said Section immediately following the words, a chief of the fire department, the following words, an assistant chief of police, an assistant chief of the fire department, so that said Section, as amended hereby, shall read as follows: Sec. 46. Be it further enacted by the authority aforesaid, That at the first regular meeting of the Mayor and Council each year they shall elect a city clerk, a city treasurer, a city tax assessor, a city attorney, a city

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engineer, a city veterinarian, a city health officer, a chief of police, a chief of the fire department, an assistant chief of police, an assistant chief of the fire department, and such other officers and employees as the Mayor and Council may deem necessary for the government of said city, provided, however, that said Mayor and Council in their discretion may elect the same person to the offices of city clerk and city treasurer in which event the duties of both offices shall devolve upon and be performed by such person. Each of said officers shall be elected for a term of one year, and shall take and subscribe an oath for the faithful performance of their duties; that they are qualified to hold office; and shall give such bond as the mayor and council may by ordinance provide. Said bond shall be made payable to the city of Fitzgerald, and shall be approved by the Mayor and Council, and recorded in a book kept for that purpose. Amended sec. 46. Officers and employees. Election by Mayor and Council. Term, oath, duties, bond. Section 3. Be it further enacted by the authority aforesaid, That Sec. 47 of the existing charter of the city of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking in its entirety said Sec. 47 of said Act as amended, and substituting in lieu thereof a new section to be known and designated as Sec. 47, and to read as follows: Sec. 47 stricken. Sec. 47. Be it further enacted by the authority aforesaid, that the city attorney shall be the legal advisor and general counsel for the mayor, the city council, the recorder, the water, light and bond commission, the board of education and any other officers, boards or commissions of said city now existing or hereafter created. When called upon so to do, he shall give written opinions upon any subject or matter in which legal questions are involved and in which the city may be interested. When requested so to do, he shall attend the sessions of the mayor and council and of any other board or commission of said city, shall attend the sessions of the police court and represent the city in any cases therein. He shall act as general counsel for the City of Fitzgerald, shall handle all legal matters in which it is interested and shall represent said city in all litigation in which the

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City of Fitzgerald is involved. He shall discharge such other duties as may be required of him by the mayor and council or in any way connected with his office as city attorney. The city attorney shall receive a salary of $200.00 per annum, and such fees as may be agreed upon by the council for special services and for representing the city in litigation in which it is involved. He shall hold office until his successor is elected and qualified. New section. City Attorney. Duties. Salary and fees. Term. Section 4. Be it further enacted by the authority aforesaid, That Sec. 58 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved March 25, 1935, be, and it is hereby, amended by striking from the second sentence of said Section the word, October, and inserting in lieu thereof the word, September, so that said second sentence of said Sec. 58 shall read as follows: All ad valorem taxes, upon both real and personal property, due or that may become due the City of Fitzgerald, shall be due and payable on the first day of September in each year, and, if the same be not paid before the 20th day of December in each year, it shall thereupon be the duty of the City Clerk to issue executions for same, which shall be levied and enforced in the manner provided by law. Sec. 58 amended. When taxes due. Enforcement. Section 5. Be it further enacted by the authority aforesaid. That Sec. 59 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from said Section the first sentence thereof in its entirety, and substituting in lieu thereof a new sentence to read as follows: Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property in said city in such amount as they may from time to time determine, but not to exceed in any year fifteen mills or one dollar and fifty cents upon each one hundred dollars of the assessed value of such property, for the purpose of meeting and defraying the ordinary current expenses of said city, and in addition thereto such other amounts as

Page 559

may be necessary to provide for the extraordinary expenses, including the interest and sinking fund on the bonds issued by said city, the expense of the maintenance and operation of the schools of said city and any and all other extraordinary expenses for such other purposes as may be authorized by law or otherwise provided in this charter; and the mayor and council may provide by ordinance for the levy and collection of such taxes. Sec. 59. New sentence. Ad valorem tax. Section 6. Be it further enacted by the authority aforesaid, That Sec. 70-a of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved March 3, 1939, be, and it is hereby, amended by striking from the last clause of the first sentence of said Section, immediately following the words, provided that such cost shall in no instance exceed the sum of, the words, One Hundred Dollars, and inserting in lieu thereof the words, Two Hundred and Fifty Dollars, so that the last clause of said sentence, as amended hereby, shall read as follows: provided that such cost shall in no instance exceed the sum of Two Hundred and Fifty Dollars. Sec. 70-a amended. Changing amount. Section 7. Be it further enacted by the authority aforesaid, That Sec. 97 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as the same was amended by the Act approved August 4, 1925, be, and it is hereby, amended by striking from the last clause of the second sentence of said Section the following words and figures, eight (8) mills, and substituting in lieu thereof the following words and figures, ten (10) mills, so that such portion of said second sentence of said Section, as amended hereby, shall read as follows: provided, however, that the amount so reported and collected shall not exceed ten (10) mills on the taxable value of the property of Fitzgerald, according to the city assessment. Sec. 97 amended. Changing amount. Section 8. Be it further enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section, to be

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known and designated as Sec. 111, and to read as follows: New sec. 111. Sec. 111. The Mayor and Council of the City of Fitzgerald shall have full power and authority on behalf of said city to acquire, own and operate a hospital or hospital projects, and the right to buy or lease existing hospital facilities and to build, erect, construct, rebuild, alter, repair, improve and make additions to any such hospital facilities now or hereafter owned by said city. Said Mayor and Council shall have full power and authority to fix and establish rates and charges for the use of the services rendered by such hospital facilities, provided that such rates and charges shall be sufficient to meet and defray the cost of maintenance and operation; to receive and collect such charges for the use thereof; to make and enforce all necessary rules and regulations for the control and operation thereof; to accept gifts, grants or devises of money and property for the establishment, maintenance or improvement of such hospital facilities; to mortgage, pledge or assign any income, revenues, charges or fees received from the operation of such hospital facilities; and to issue revenue certificates or certificates of indebtedness for the purpose of providing funds for the acquisition, purchase, construction, erection, building, alteration, repair, improvement or enlargement of such facilities, provided that such certificates shall be limited and payable only from the revenues realized from the operation of such facilities. Said Mayor and Council shall have full power and authority to supervise, manage, operate and control any such hospital project or facilities, or, in its discretion and by ordinance duly passed, to delegate such authority to a committee from its members or to a board or commission set up and established by it. The powers and authority hereby conferred upon and vested in said City of Fitzgerald and the Mayor and Council thereof shall be, and are hereby, declared to be cumulative of and in addition to any rights, powers and authority which may now or hereafter be conferred upon municipalities for the acquisition, ownership, maintenance and operation of hospital projects. Hospital and such facilities. Powers of Mayor and Council. Mortgages, revenue certificates, etc. Other powers as to such projects and facilities. Section 9. Be it further enacted by the authority aforesaid,

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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 Sec. 112, and to read as follows: Sec. 112. The Water, Light and Bond Commission of the City of Fitzgerald shall have full power and authority to fix, prescribe and collect fees and charges to be made for the connection of private property with the sewerage system of said city and to fix, prescribe and collect fees and charges to be made for sewerage service, and to alter, amend, revise and change such rates and charges at any time and from time to time as said Commission may in its discretion determine. Such service rates or charges may be made payable monthly, quarterly, semi-annually or annually in the discretion of said commission and such connection and service charges shall be collected by said Commission and may be used for the maintenance, improvement and extension of the sewerage system of said city. Such connection and service charges shall constitute a lien against the real estate benefited thereby and, upon default in payment thereof, may be assessed in rem against such real estate and such lien shall be coequal with the lien of city taxes and may be enforced by execution against such real estate in the same manner as liens for taxes and with the right of the owner to file an affidavit of illegality in the same manner and under the same conditions as are provided in the case of tax executions. The fees and charges for sewerage connections and service may be mortgaged, pledged or assigned for the purpose of securing revenue certificates or certificates of indebtedness issued for the purpose of repairing, improving, enlarging and extending the sewerage system of said city and of providing facilities for the disposal of sewage. New sec. 112. Sewerage. Powers of Water, Light and Bond Commission. Lien for charges, enforcement. Pledge of fees and charges. Section 10. Be it further enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section, to be known and designated as Sec. 113, and to read as follows:

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Section 113. The said City of Fitzgerald, acting by and through its Water, Light and Bond Commission, shall have full power and authority to build, construct, lay, maintain and operate water mains and electrical transmission lines outside of and beyond the corporate limits of the City of Fitzgerald for the purpose of furnishing water and electrical energy to persons living outside its corporate limits, provided, however, that no such water mains or electrical transmission lines may be extended beyond the territorial limits of the County of Ben Hill and shall not be laid or constructed unless adequate funds are in the hands of said commission for the payment of the entire cost thereof and unless the number of customers to be served shall be sufficient to justify the cost thereof and furnish sufficient revenue to provide an adequate return upon the investment involved. Said City of Fitzgerald shall have full power and authority to acquire, own and hold all easements and rights of way and any other property necessary or required in the laying or construction of such mains and lines and shall have the right of condemnation where necessary. Said Commission shall have full power and authority to fix and prescribe the rates to be charged for such services outside of the corporate limits of said city and to alter, change, amend, increase or decrease said rates from time as they in their discretion may determine, and may charge a higher rate than is charged for similar services rendered within the corporate limits of said city. Such rates shall at all times be sufficient to provide for maintenance, repair and depreciation of such mains and transmission lines and, in addition thereto, provide a reasonable return on the investment involved, and in no event shall be less than the rates charged for similar services rendered within the corporate limits of said city. In the construction, operation and maintenance of any such lines outside of the corporate limits of said city, the said commission shall have and exercise all of the rights, powers and authority vested in it for the regulation, control and operation of similar facilities within the corporate limits of said city. The said City of Fitzgerald, acting by and through its Water, Light and Bond Commission, shall likewise have full power and authority to build, construct,

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lay, maintain and operate sewerage lines and mains outside of and beyond the corporate limits of the City of Fitzgerald and within its urban area for the purpose of furnishing sewerage facilities to persons living outside its corporate limits; provided, however, that any such lines or mains shall be limited to a distance of not more than one mile from the corporate limits of said City of Fitzgerald and shall not be extended beyond such distance; and provided, further, that no such lines or mains shall be laid or constructed unless the owners of the property to be benefited and served thereby shall pay the entire cost thereof and, after the laying and construction thereof, shall be subject to the payment of a service charge for the use of such facilities. In the laying and construction of such sewerage lines or mains, in fixing and collecting the service charge to be made for the use of such facilities and in regulating and controlling the use thereof, and in any other matter connected therewith, said commission shall have the same rights, powers and authority as are vested in it for the construction, operation, maintenance and control of water mains and electrical transmission lines outside the corporate limits of said city. New sec. 113. Water mains, electric lines, in county outside of city. Easements, rights-of-way, etc. Service rates. Powers of Commission and City. Sewerage lines and mains outside of city. Powers as to such sewerage. Section 11. Be it further enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section, to be known and designated as Sec. 114, and to read as follows: Sec. 114. The Mayor and Council of the City of Fitzgerald shall have and are hereby given full power and authority to levy and collect an ad valorem tax of not exceeding five mills in any one year on each dollar of the taxable value of all property within the corporate limits of said city for the purpose of providing funds for future use in the making of permanent improvements and providing additional facilities of a permanent nature for said city and its inhabitants and to repair, alter, improve, enlarge and make additions to permanent improvements and facilities which may now or hereafter exist within said city. Said Mayor and Council shall not

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be required to levy such tax but shall have the right to levy and collect such tax in any year or years and from year to year as they in their discretion may determine to be necessary, and the funds realized from such tax may be accumulated from year to year until expended in the manner hereinafter provided. The funds or monies realized from the levy and collection of such tax shall be kept separate and apart from other funds and monies of said city and shall be paid by the Treasurer of said city to the Secretary of the Water, Light and Bond Commission, which said commission shall be charged with the custody thereof and shall invest the same in the same manner as the sinking fund of said city is invested, and shall hold the same, together with the earnings thereon, for the purpose of making permanent improvements for the use and benefit of said city and its inhabitants. Such funds and all other funds which may be appropriated for the same purpose shall be known as the Permanent Improvements Fund and may be expended only as herein provided. Whenever the Mayor and Council shall deem it advisable to use all or any portion of such funds in the making of permanent improvements, it shall, by resolution, propose to the voters of said city the type of improvement to be made or facility to be erected or constructed and the amount of such funds to be expended in the making of such improvement or construction of such facility, and shall call a special election to be held within not less than twenty nor more than sixty days from the date of the adoption of such resolution, at which election the voters of said city may express their approval or disapproval of such project. Any and all such resolutions shall be published in one issue of the newspaper in which the official advertisements of said city are published. Notice of any and all such special elections shall be given and such elections shall be held in the manner provided by law for the holding of elections in said city. The ballots to be used in such elections shall be prepared in form similar to those used in bond elections in said city. All registered and qualified voters shall be entitled to vote in such elections and in order to authorize the expenditure of such funds it shall be necessary that at least fifty percent. of the qualified voters

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shall vote in any such election and that two-thirds of those voting shall vote in favor of such project. When any such project has been approved by affirmative vote as above provided, such funds may be expended on such project. When any such project fails to receive the approval of the required number of voters in any such election, the Mayor and Council may, after the expiration of three months from the date of the election in which such project failed of approval, again propose such project and call another election thereon. Any number of projects may be proposed and voted upon in the same election, but each project shall be voted upon separately and the result as to each such project shall be determined by the actual vote thereon, and shall not be affected by the result of the vote on any other project submitted at the same election. The Mayor and Council shall have the right from time to time as they in their discretion may determine to appropriate to such Permanent Improvements Fund any surplus funds or revenues now in the City Treasury or which may hereafter come into the City Treasury from sources other than ad valorem taxes and any such funds so appropriated shall thereupon be and become a part of the Permanent Improvements Fund and subject to the same restrictions, limitations and uses as herein provided. New see. 114. Maximum ad valorem tax for certain purposes. Power of Mayor and Council. Funds realized. Use. Special election. After approval vote or failure to approve. Proposals for voting. Surplus monies for Permanent Improvements Fund. Section 12. Be it further enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section, to be known and designated as Sec. 115, and to read as follows: Sec. 115. The expenses incurred by the City of Fitzgerald for the purpose of meeting the interest upon and paying the principal of the bonded indebtedness of said city, for the purpose of maintaining and operating the public schools of said city, for the purpose of promoting and locating new industries in and advertising said city, for the purpose of raising funds for the making of permanent improvements and for the purpose of operating hospital facilities are hereby declared to be and shall be classed as extraordinary expenses. All ad

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valorem taxes levied and collected for any of the purposes aforesaid shall be classed as taxes levied to meet extraordinary expenses and shall be in addition to and shall not be included in the maximum amount which may [Illegible Text] levied to meet the ordinary current expenses of said city. New sec. 115 Extraordinary expenses, what included. Ad valorem taxes. Section 13. Be it further enacted by the authority aforesaid, That the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and the same is hereby, amended by adding to said charter a new section, to be known and designated as Sec. 116, and to read as follows: Sec. 116. The Mayor and Council of the City of Fitzgerald shall have and are hereby given full power and authority to impose, exact, levy, assess and collect any and all forms of taxation not expressly prohibited or exempted by the laws of the State of Georgia or of the United States, including the right to impose, exact, levy, assess and collect excise, use or sales taxes of any and all kinds, character and description and including any and all such forms of tax upon incomes, gross receipts, sales and commissions derived from any profession, business, trade or calling, and upon services rendered by utilities whether publicly or privately owned. The rights and powers conferred hereby shall be in addition to any and all other rights and powers of taxation which have been or may hereafter be delegated to said city and its governing authorities. New sec. 116. Powers as to taxation. Section 14. Be it further enacted by the authority aforesaid, That if any section or portion of this Act be declared unconstitutional, the remaining sections or portions hereof shall not be affected thereby and any section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. If part unconstitutional. Section 15. Be it further enacted by the authority aforesaid, That, all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 25, 1947.

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CITY COURT OF DECATURSALARIES, JUDGE AND SOLICITOR. No. 126 (House Bill No. 291). An Act to amend an Act entitled, An Act to create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said Court, and to prescribe the practice and methods of procedure therein; to provide for the appointment of Judge and Solicitor of said Court, and for other purposes, approved August 16, 1922, as amended by an Act approved August 11, 1925, as amended by an Act approved August 1st, 1927, as amended by an Act approved February 12, 1943, so as to change and increase the salary of the Judge and Solicitor of said Court, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act creating and establishing the City Court of Decatur, in and for the County of DeKalb, approved August 16, 1922, as amended by the Act approved August 11, 1925, and by the Act approved August 1, 1927, as amended by an Act approved February 12, 1943, be amended so as to change and increase the salary of the Judge and Solicitor of said Court, and for other purposes, by striking the words Five Thousand Seven Hundred, and inserting in lieu thereof the words Six Thousand Eight Hundred, so that the salary of the Judge of the City Court of Decatur shall be Six Thousand Eight Hundred Dollars per annum, payable monthly out of the Treasury of DeKalb County, authorized to pay out of the funds of said County. The salary of such Judge being an expense of said Court. Acts of 1922, 1925, 1927, and 1943 amended. Salary of Judge. Section 2. Be it further enacted by the authority aforesaid that said above recited Act approved August 16, 1922, as amended by Act approved August 11, 1925, and by the Act approved August 1, 1927, as amended by an Act approved February 12, 1943, be amended so as to change and increase the salary of the Solicitor of said Court, and for other purposes; by striking the words, Four Thousand Five Hundred, and inserting in lieu thereof the words Five Thousand Six Hundred, so that the salary of the Solicitor

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of said Court shall be Five Thousand Six Hundred Dollars per annum, payable monthly out of the Treasury of DeKalb County, authorized to pay out of the funds of said County. The salary of such solicitor being an expense of said Court. Salary of Solicitor. Section 3. This Act shall become effective and of force, from and after its passage and approval by the Governor. Date effective. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 25, 1947. ADDITIONAL WITNESSES SUBJECT TO CROSS-EXAMINATION AND IMPEACHMENT. Code 38-1801 amended. No. 127 (House Bill No. 54). An Act to amend an Act approved March 8, 1945, amending Code Section 38-1801 of the Code of Georgia of 1933, as the same appears in Georgia laws of 1945, page 227, to include therein additional classes of persons who may be made a witness and cross-examined with the further right of impeachment, etc. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 38-1801 of the Code of Georgia of 1933, as amended by Georgia laws of 1945, page 227, be, and it is hereby amended, to wit: By striking the word or at the end of line eight of Georgia laws of 1945, page 227 and inserting in lieu thereof the word of; by inserting and interlining after the word party in line nine of said laws of 1945 the words or agent of any person, firm or corporation for whose immediate benefit said suit is prosecuted or defended; and by inserting and interlining immediately after the word party in line ten of said laws of 1945 the words or for whose immediate benefit such suit is prosecuted or defended, so that when amended said Section and laws of Georgia of 1945 shall read as follows: 38-1801 and act of 1945 amended. Section 1. Impeachment of Own Witness. A party may

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not impeach a witness voluntarily called by him, except where he can show to the Court that he has been entrapped by said witness by a previous contradictory statement; provided that in the trial of all civil cases, either plaintiff or defendant shall be permitted to make the opposite party, or anyone for whose immediate benefit such suit is prosecuted or defended, or any agent of said party, or agent of any person for whose immediate benefit such suit is prosecuted or defended, or officer or agent of a corporation when a corporation is such party, or for whose benefit such suit is prosecuted or defended, a witness, with the privilege of subjecting such witness to a thorough and sifting examination, and with the further privilege of impeachment, as if the witness had testified in his own behalf and were being cross-examined. Hostile witnesses, subject to call for cross-examination and impeachment. New classes. Section 2. All laws and parts of laws in conflict herewith shall be, and are hereby repealed. Approved March 27, 1947. BARROW COMMISSIONERSCLERK'S SALARY. No. 128 (House Bill No. 161). An Act To amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Barrow; to provide for the election of the members thereof; to define their powers and duties, and for other purposes, approved March 10, 1937, as [Illegible Text] by an Act approved December 22, 1937, Georgia Laws 1937-1938, extra session, page 756, particularly Section 2 of the amendatory Act which amended Section 11 of the creating Act, so as to provide a maximum salary of one hundred and fifty dollars ($150.00) per month for the Clerk of the Board of Commissioners, such salary to be established by the Board of Commissioners, by striking from Section 11 of the Act approved March 10, 1937, as amended by Section 2 of the Act approved December 22, 1937, the following words from lines 16 and 17, page 758, Georgia Laws 1937-1938, extra session, He shall receive the sum of seventy-five dollars ($75.00) per

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month, and by inserting in lieu thereof the following words, He shall receive a sum not more than one hundred and fifty dollars ($150.00) per month, the actual amount to be determined by the Board of Commissioners; and for 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 11 of the Act approved March 10, 1937 entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Barrow; to provide for the election of members thereof; to define their powers and duties, and for other purposes, as amended by Section 2 of the Act approved December 22, 1937, be, and the same is hereby amended by striking from said Section the following words as found in lines 16 and 17, page 758, Georgia Laws 1937-1938, extra session, He shall receive the sum of seventy-five dollars ($75.00) per month, and by inserting in lieu thereof the following words, He shall receive a sum of not more than one hundred and fifty dollars ($150.00) per month, the actual amount to be determined by the Board of Commissioners, so that said Section as amended shall read as follows, to wit: Sec. 11, acts of 1937, amended. Section 11. Be it enacted by the authority aforesaid that members of the Board of Commissioners of Barrow County herein created shall receive as their entire compensation four ($4.00) dollars per day for each day's actual service rendered not to exceed three days per month, or a total of thirty-six (36) days during any one calendar year, with the provision, however, that if the said County of Barrow, through the said Commissioners, shall establish a prison camp in which to work felony or misdemeanor prisoners, or both of such classes, then, in that event, and not otherwise, inasmuch as more time will be required of the said Commissioners in the conduct of county affairs the Chairman of the said Commissioners shall receive the sum of one hundred twenty-five ($125.00) dollars per month and give his entire time to the affairs of the county. Each of the other commissioners shall receive the sum of twenty-five ($25.00) dollars per month, and give only the time necessary in assisting the Chairman. Said sums to be payable by the Treasurer of the

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county monthly. The said Commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the said Board of Commissioners at the courthouse of said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session, and he shall perform such other duties and keep such records as required by law or may be required of him by the said board, and for his services he shall receive a sum of not more than one hundred and fifty ($150.00) dollars per month, the actual amount to be determined by the Board of Commissioners, payable monthly by the Treasurer of the said county, and with the further provision that the said clerk shall not be a member of the Board of Commissioners and shall give his entire time to the work of his office. Hon. George Bagwell is hereby named as clerk until December 31, 1940. Board of Commissioners. Salaries. Clerk. Salary (new). Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 25, 1947. SALARIES OF COUNTY OFFICERS IN CERTAIN COUNTIESADJUSTMENTS. No. 129 (House Bill No. 293). An Act to amend an Act approved August 13, 1924 entitled An Act, to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Clerk of the Superior Court (whether he be Clerk of the Superior Court only 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 so as to provide that in counties having by the United States Census of 1940 or any future census, a population of not less than 86,000 inhabitants and not

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more than 100,000 inhabitants, the salaries of the Clerk of the Superior Court, the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver or the Tax Commissioner, may be changed within ninety days after the passage of this Act and thereafter at intervals of two 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 same, as follows: Section 1. That the Act approved August 13, 1924 (Georgia Laws 1924, Page 90 et seq.) 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 only 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 be amended by adding to Section 3 thereof, the following: Provided, however, that in counties in this State having by the United States Census of 1940 or any future census, a population of not less than 86,000 inhabitants and not more than 100,000 inhabitants, the salaries of the Clerk of the Superior Court (whether he be ex officio of other courts or not), the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver, or the Tax Commissioner may be reviewed within ninety days after the passage of this Act by the Commissioners of Roads and Revenues of such counties or other authorities having in charge the fiscal affairs of such counties and such salaries increased or decreased for the remainder of the present terms, but such salary adjustments, if any, shall be submitted to and approved by the Grand Jury of such counties in the manner provided by Section 5 of this Act. At the expiration of the present terms of said officers, the salaries thereof may be reviewed by said county authorities within a period of ninety days prior to the beginning of the third year of their terms and such salaries increased or decreased for the last two years of such terms, but such salary adjustments, if any, shall be submitted to and approved by the Grand Jury of such counties as provided in Section 5 of this Act so that said section when amended shall read as follows: Sec. 3, act of 1924, amended. Officers in certain counties. Salary adjustments.

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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 for the terms of such officers, at least ninety days before the first of January, (beginning with January, 1926), by the Commissioners of Roads and Revenues, if there be such, (whether the body shall consist of one or several commissioners) or, in event that there are no such Commissioners, the Ordinary or other County authorities having charge of the Roads and Revenues of such counties and such salaries shall be fixed for each term, at the time aforesaid, and shall not be changed during said term. Provided, however, that in counties in this State having by the United States Census of 1940 or any future census, a population of not less than 86,000 inhabitants and not more than 100,000 inhabitants, the salaries of the Clerk of the Superior Court (whether he be ex officio of other courts or not), the Sheriff, the Ordinary, the Tax Collector and the Tax Receiver, or the Tax Commissioner may be reviewed within ninety days after the passage of this Act by the Commissioners of Roads and Revenues of such counties or other authorities having in charge the fiscal affairs of such counties and such salaries increased or decreased for the remainder of the present terms, but such salary adjustments, if any, shall be submitted to and approved by the Grand Jury of such counties in the manner provided by Section 5 of this Act. At the expiration of the present terms of said officers, the salaries thereof may be reviewed by said county authorities within a period of ninety days prior to the beginning of the third year of their terms and such salaries increased or decreased for the last two years of such terms, but such salary adjustments, if any, shall be submitted to and approved by the Grand Jury of such counties as provided in Section 5 of this Act. Section to read. Counties where applicable. Salary adjustments. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947.

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LITHONIA CHARTER AMENDMENTS. No. 130 (House Bill No. 130). An Act to amend the Charter of the City of Lithonia by providing that the Mayor's salary shall not exceed two hundred dollars ($200.00) per year; by fixing the ad valorem tax rate of such city at an amount not exceeding one dollar and fifty ($1.50) cents on the one hundred ($100.00) dollars; by increasing the borrowing power of the Mayor and Council to supply casual deficiencies; by providing for the levy of a tax for the maintenance of cementeries; 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 that Act entitled An Act to create a new Charter for the City of Lithonia, incorporated in the Acts of 1913, pages 929 to 959 inclusive, and the several acts amendatory thereof, be and the same is hereby amended as follows: Act of 1913 amended. Section 1. By striking line three (3), paragraph one (1) of Section 16 of said Act, the figures five hundred ($500.00) dollars and substituting in lieu thereof the figures two hundred ($200.00) dollars, so that said Section as amended shall read as follows: Section 16. Be it further enacted, that the Mayor shall receive a salary of not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars per year, payable monthly, and he shall receive no other fees or perquisites in connection with his office. His salary shall be fixed by the preceding Mayor and Council at their last regular meeting in each year. Sec. 16. Salaries. Change as to Mayor. The Councilmen shall each receive the sum of twenty ($20.00) dollars per year, payable semi-annually, and also be relieved from paying any street tax. Councilmen. The Chief of Police and Deputy Policemen, the City Clerk, Treasurer and City Attorney, and such other officers as may be elected by the Mayor and Council, shall receive such salary as the Mayor and Council shall fix. Other officers. Section 2. By striking Section 27 of said Act and substituting in lieu thereof a new Section 27 to read as follows: Sec. 27 stricken. Section 27. Be it further enacted, That for the purpose of

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raising revenues for the support and maintenance of the City of Lithonia, the Mayor and Council of said city shall have full authority to assess, levy and collect an ad valorem tax upon all real estate, and personal property, including money, notes, bonds and other evidences of debt, money used in banking, and every other species of property in said city or around or held therein, subject to taxation; said tax not to exceed one dollar and fifty ($1.50) cents on the one hundred ($100.00) dollars, exclusive of all the taxes for public schools authorized by law and the taxes that may be required to pay annual interest on any indebtedness which may be incurred by said city, and any taxes which may be required as a sinking fund for the purpose of paying the principal of said bonded indebtedness, as required by law. The ad valorem tax above authorized for general purposes, and the public school tax and the bonded interest and sinking fund tax shall be levied under separate ordinances, each specifying the purpose for which it was levied, and all proceedings for collecting said taxes shall show the the amount due on each of said tax levies. The Mayor and Council shall have power and authority to provide by ordinance for the returns and assessment of all taxable property in said city, and to provide penalties for neglect and refusal to comply with same, as elsewhere provided in this Act. New section. Ad valorem. taxes. Section 3. By striking from line ten (1) of Section 33, the figures one-fifth (1/5) and substituting therefor, the figures three-fifths (3/5), and by striking from line fourteen (14) of said section 33, the words fourth Wednesday of the January, and substituting therefor the words thirty-first day of December, so that said Section, as amended, will read as follows: Section 33. Be it further enacted, That the Mayor and Council of said city shall have power and authority, when necessary, to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and to execute a note or notes therefor, in the name of the City of Lithonia, signed by the Mayor or Mayor pro tem., as may be provided by special resolutions or ordinances for that purpose, to be passed at a regular or called meeting of the Mayor and Council; provided, that the total sum borrowed in any one year shall not exceed three-fifths (3/5) of one per cent of the assessed value of the taxable property within said city for that year, and,

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provided, further, that such loan shall always become due and payable and be actually paid in full before the thirty-first day of December, following the date of the loan. Sec. 33 amended. Loans to City. When to be due and paid. Section 4. By adding to Section 45 of said Act the following language: Sec. 45, addition. In addition to all other ad valorem taxes collected by said City, the Mayor and Council shall have authority to assess, levy and collect an ad valorem tax not exceeding ten (10c) cents on the one hundred ($100.00) dollars, to be used for maintenance of such city cemetery; so that said Section as amended, shall read as follows: Section 45: Be it further enacted, That the government, control, management, and protection of the city cemetery, as it is now located, or any enlargement or extension of the limits thereof by purchase, gift or otherwise, and the disposition of the lots therein, is hereby continued and vested exclusively in the Mayor and Council of the City of Lithonia; and said Mayor and Council shall have the power and authority to pass all necessary ordinances, rules and regulations, relating to burial therein, the disposition of lots and the protection and preservation of said cemetery and of burial therein, and to punish for violations thereof; and this power and authority shall be extended over any additions to said cemetery or any other grounds bought and to be bought and to be used for cemetery purposes, whether within or without the corporate limits of said city. In addition to all other ad valorem taxes collected by said City, the Mayor and Council shall have authority to assess, levy and collect an ad valorem tax not exceeding ten (10c) cents on the one hundred ($100.00) dollars, to be used for maintenance of such city cemetery. Tax for cemetery. Ordinances, etc. Section 5. Be it further enacted that this Act shall be effective upon approval by the Governor. Date effective. Section 6. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same is hereby repealed. Approved March 25, 1947.

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CLARKSTON CHARTER AMENDMENTSELECTIONS, REGISTRATIONSEWERS. No. 131 (House Bill No. 296). An Act to amend an act to provide and establish a new Charter for the Town of Clarkston in the County of DeKalb, and for other purposes, the same being an Act of the General Assembly of Georgia, approved August 12, 1914, and to be found in Georgia Laws of 1914, Pages 578 to 615, inclusive, by providing the hours for holding city elections; by fixing the time of registration for city elections; by providing that persons eighteen (18) years old or more may vote; conferring authority upon the governing authority of the City to assess and collect the cost of constructing sewers against abutting property owners; 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 approved August 12, 1914, contained in Georgia Laws of 1914, Pages 578 to 615 inclusive, entitled An Act to provide and establish a new Charter for the town of Clarkston in the County of DeKalb, be and the same is hereby amended as follows: Sec. 7, act of 1914, stricken. Section 1. By striking Section 7 of said Act and enacting a new Section 7 to read as follows: Section 7. Be it further enacted that the place of holding all municipal elections in said City shall be at the city hall and the time of day for keeping open the election shall be from seven o'clock a.m. to seven o'clock p. m., according to the system of time prevailing in such City. The City Council may provide by ordinance for regulating and safe-guarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. New section. Elections. Section 2. By striking Section 17 of said Act, and enacting a new Section 17 to read as follows: Sec. 17 stricken. Section 17. Be it further enacted, that the Clerk of Council of the city of Clarkston, and in the case of his absence or sickness, such person as shall be appointed by the mayor or mayor pro tem., for that purpose, shall

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open at the office of said clerk of council at such place as shall be designated by the Mayor or Mayor Pro Tem., a book for the registration of the voters of said town entitled to vote for the Mayor and Council, said book of registration to be kept open at least one (1) hour each day, Sundays excepted, from the first day of January through the thirtieth day of November of each year, and it shall be the duty of the Clerk or other person to enter at the top of the page on which said registration is to begin the following oath: State of Georgia, County of DeKalb, City of Clarkston: I, the undersigned do swear that I am eighteen years old; that I am a citizen of the United States; that I have resided in this State twelve months last past; in the city of Clarkston for the last six months past. Be it further enacted, that all parties desiring to register shall subscribe their names under said affidavit and immediately after having signed same shall hold up their hand and state that said affidavit is true, so help me God, and any person who shall fail to comply with any of the provisions of this Section, shall not be entitled to vote in said election as herein provided. Be it further enacted, that the said Mayor and City Council of said city shall have the power and authority to provide by Ordinance for the registration of all voters prior to any special bond election or special election of any kind or character which is provided for under this charter, and to make all needful rules and regulations governing the annual election of municipal officers, as well as special elections referred to herein, and to fix suitable penalties for violation of said registration ordinance or parts of same. New section. Registration of voters. Oath. Age. Power of City officials. Section 3. Be it further enacted by the authority aforesaid that the City of Clarkston shall have the authority to construct and maintain sewers and to charge, assess, and collect the expense and cost thereof from abutting property owners, under the same circumstances and under the same conditions that the City now has the right to charge for any other street improvements. Sewers. City's authority. Section 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 25, 1947.

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COLUMBUSSALE OF CERTAIN LAND AUTHORIZED. No. 132 (House Bill No. 225). An Act empowering the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land, now a part of Seventh Avenue, in the City of Columbus, Muscogee County, Georgia, said certain tract of land particularly described as follows: Beginning at the point where the south line of Linwood Boulevard intersects the present west line of Seventh Avenue and running thence south to the north line of Fifteenth Street; thence east thirty (30) feet; thence north, parallel with and thirty (30) feet east of the present west line of Seventh Avenue, to the south line of Linwood Boulevard; thence southwesterly along the south line of Linwood Boulevard to the point of beginning; said conveyance of any part of said tract through which runs a railroad right-of-way to be subject to said right-of-way; 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 authority be, and it is, hereby granted to the City of Columbus to sell and convey fee simple title to all or any part of that certain tract of land, now a part of Seventh Avenue, in the City of Columbus, Muscogee County, Georgia, said certain tract of land particularly described as follows: Beginning at the point where the south line of Linwood Boulevard intersects the present west line of Seventh Avenue and running thence south to the north line of Fifteenth Street; thence east thirty (30) feet; thence north, parallel with and thirty (30) feet east of the present west line of Seventh Avenue, to the south line of Linwood Boulevard; thence southwesterly along the south line of Linwood Boulevard to the point of beginning; said conveyance of any part of said tract through which runs a railroad right-of-way to be subject to said right-of-way. The consideration to be paid for all or such parts of said tract of land as may be sold and conveyed by said city to be in such amount or amounts as the Commission of the City of Columbus shall deem proper. City authorized to sell and convey described land.

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Section 2. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved March 25, 1947. MONROE TAX COMMISSIONER'S COMPENSATION. No. 133 (House Bill No. 312). An Act to amend an Act entitled Monroe Tax Commissioner's Compensation approved March 9, 1945, (Ga. Laws 1945, pp. 1170-1173) by striking the figures $1800.00 as found in Sections 5 and 6, and inserting in lieu thereof the figures $2100.00; by striking the figure $150.00 as found in Section 6 thereof, and substituting in lieu thereof the figure $175.00; to repeal all laws in Conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act approved March 9, 1945 entitled Monroe Tax Commissioner's Compensation (Ga. Laws 1945, pp. 1170-1173) be, and the same is hereby amended by striking and repealing the figure $1800.00 as found in Section 5 thereof, and substituting in lieu thereof the figure $2100.00 so that said Section 5 as amended shall read as follows: Sec. 5, act of 1945, amended. Section 5. Be it further enacted by the authority aforesaid, that said Tax Commissioner of Monroe County, Georgia, shall receive as additional compensation to be paid by Monroe County, in addition to commissions on the collections of special taxes for the State, as provided in Section 4, herein, the amount of $2100.00 per annum. And in addition thereto said Tax Commissioner shall receive the commissions allowed by Code Section 92-5304 of the Code of Georgia, providing on all taxes collected in excess of 90% of the total of taxes due, according to the tax net digest, the Tax Commissioner's commission shall be for such taxes 10% of all such collections. The provision of this Act and the compensation herein provided shall be applicable for the whole of the year of 1945 and subsequent years. To read. Salary and Commissions.

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Section 2. That Section 6 of said Act be amended by striking the figure $1800.00 and substituting in lieu thereof the figure $2100.00, and striking the figure $150.00 and substituting in lieu thereof the figure $175.00 so that said Section 6 as amended shall read as follows: Sec. 6 amended. Section 6. Be it further enacted by the authority aforesaid that the compensation for said Tax Commissioner as stated in Sections 4 and 5 supra, shall be in full for any and all fees, costs, commissions or other charges for all services rendered by said Tax Commissioner, including any and all duties performed in the collection of all county school Taxes. The salary of $2100.00 shall be paid in equal monthly installments of $175.00 each by county warrant issued by the fiscal authorities of said county. To read. Compensation. Section 3. That all laws and parts of laws in conflict with this Act are hereby amended. Approved March 25, 1947. ATLANTA JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 134 (Senate Bill No. 23). An Act To amend an Act approved March 28th, 1935 (Georgia Laws 1935, Pages 153, 154 and 155), entitled An Act to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit, approved August 11, 1924 (Georgia Laws 1924, p. 255), and the Acts amendatory thereof, by reducing and providing that the salary of the Solicitor-General shall be fixed at a certain amount per year; to amend the aforesaid act as amended by the Act approved August 6, 1925 (Georgia Laws 1925, p. 509) by providing that the salary of the Chief Assistant Solicitor-General, and the salary of the second assistant Solicitor-General shall be fixed at certain amounts; and for other purposes, by fixing the salary of the Solicitor-General at a certain amount

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per annum and by providing the manner and method of paying the same; and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved March 28th, 1935, and entitled An Act to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit, approved August 11, 1924 (Georgia Laws 1924, p. 255), and the Acts amendatory thereof, by reducing and providing that the salary of the Solicitor-General shall be fixed at a certain amount per year; to amend the aforesaid act as amended by the Act approved August 6, 1925 (Georgia Laws 1925, p. 509) by providing that the salary of the Chief Assistant Solicitor-General, and the salary of the second Assistant Solicitor-General shall be fixed at certain amounts; and for other purposes, be and the same is hereby amended by striking from line ten of Section 1 thereof the words, nine thousand dollars per annum, and inserting in lieu thereof the words, ten thousand dollars per annum, and by striking from line thirteen of Section 1 the words nine thousand dollars per annum, and inserting in lieu thereof the words ten thousand dollars per annum, so that said section, as amended, shall read as follows: Sec. 1, act of 1935, amended. The statutory salary of the Solicitor-General for said circuit shall be the sum of ten thousand dollars per annum, which shall be in addition to the salary of two hundred fifty dollars per annum prescribed by paragraph 1, section 12, of article 6 of the Constitution of this State, and the said statutory salary shall be paid out of the general treasury of Fulton County, and it shall be and it is hereby made the duty of the Commissioners of Roads and Revenues of Fulton County or such other board or persons as may from time to time exercise the same or similar powers as are now exercised by said commissioners to cause said statutory salary to be paid to the Solicitor-General in equal monthly installments. The funds for the payment of the salary of said Solicitor-General shall be provided by the Board of Commissioners of Roads and Revenues in the same manner and from the same source as the operating expenses of

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Fulton Superior Court and as a part thereof. The said statutory salary shall be in full payment for all the services of the Solicitor-General in criminal cases, except as to service in the Supreme Court and the Court of Appeals of Georgia, which latter services shall be compensated as now provided by the General Laws of this State. To read. Solicitor-General's salary. Section II. This Act shall become effective March 1st, 1947. Date effective. Section III. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947. ATLANTA CHARTER AMENDEDCONTROL OF STREETS, ALLEYS, AND SQUARES. No. 135 (Senate Bill No. 93). An Act To amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section I. That the provisions of the charter, as amended, be and the same are further amended by adding the following provisions: The Mayor and General Council shall have full power and authority to open, lay out, widen, straighten or otherwise change streets, alleys and squares in the City of Atlanta. Control of streets, etc. Section II. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947.

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PENSIONS FOR POLICEMEN AND FIREMEN IN CERTAIN COUNTIES. No. 136 (Senate Bill No. 34). An Act To amend an Act approved March 16, 1939 (Georgia Laws 1939, pp. 278-285, inclusive) which is 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 department but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such county police departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon such retirement. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide how and what relief shall be paid widows, children or dependents of any such members in case of death of such members. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that any policeman leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund by 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 Workmen's Compensation Law or other

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similar laws. To repeal conflicting laws and for other purposes, as heretofore amended so as to increase the amount of pension payable to a policeman or fireman or his beneficiary for additional years of service which a policeman or fireman continues to render in counties of Georgia having the population specified in the caption of said Act after becoming qualified by law to retire on a standard service pension; to strike and eliminate Sub-paragraph (b) of Section 22 of said Act (published Georgia Laws 1945, page 1062) relating to pensions to widows and minor children of policemen and firemen and to substitute therefor a new Sub-paragraph (b) which shall define the terms and conditions upon which a pension shall be allowed and paid to the widow or minor children of a policeman or fireman who never received a pension during his lifetime, the amount thereof and the length of time for which such pension shall be paid; to provide for discontinuance of additional contributions by policemen and firemen for benefits to widows and minor children when there are no longer prospective beneficiaries in life to receive such benefits; to provide for an election to make the additional contribution for benefits to widows or minor children upon marriage, remarriage or the birth of a child, and the conditions and effect of such election and the time within which it may be made; to provide that in such counties which have no Clerk of the Board of Commissioners of Roads and Revenues the Ordinary shall serve as a member of the Board of Trustees; to provide for the substitution of the County Auditor in lieu of the County Treasurer as a member of the Board of Trustees and that the Treasurer of the Board of Trustees may be a person other than a member of said Board; and for 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 named in the caption of this bill which is an act of the Legislature of Georgia approved March 16, 1939, published in Georgia Laws 1939, pp. 278-285 inclusive, and 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

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census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such county police departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon such retirement. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide how and what relief shall be paid widows, children or dependents of any such members in case of death of such members. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that any policeman leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund by him by deductions made from his salary or wages. To provide that if any part of this Act shall be held unconstitutional the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect or be affected by any Workman's Compensation Law or other similar laws. To repeal conflicting laws and for other purposes, as heretofore amended, be and the same is hereby further amended in the following particulars: Act of 1939 amended. Section I. Section 3 of said Act which was re-enacted by the amendment thereto approved March 8, 1945 (which Section 3 as it now exists is published in Georgia Laws, 1945, pp. 1054-1058, inclusive) is amended by adding thereto a new paragraph to be entitled, Increased Pension for Additional Years of Service after Minimum Retirement Qualifications, which shall read as follows: Sec. 3, act of 1945 amended.

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Increased Pensions for Additional Years of Service after Minimum Retirement Qualifications. New paragraph. The amount of any pension hereafter allowed under the above entitled act as amended to a policeman or fireman who, at or after the age of fifty-five (55) years, becomes entitled to retire on a standard service pension because of having at that time the minimum age and length of service requirements provided by law shall be increased in the amount of Four and 00/100ths ($4.00) Dollars per month for each additional year of service that such person renders as a policeman or fireman in such counties after attaining both the minimum age and service requirements now provided by law for a standard service pension. Likewise, the amount of any pension payable to the widow or minor children of a policeman or fireman who at or after the age of fifty-five (55) years had under said act as amended both the age and length of service requirements for a standard service pension shall be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each additional year of service as a policeman or fireman in such counties rendered after attainment of both the minimum age and service requirements now provided by law for a standard service pension by the person upon whose service such pension depends. The total pension payable to a policeman or fireman having both the age and length of service requirements provided by this act as amended shall never exceed the sum of One Hundred Forty and 00/100ths ($140.00) Dollars per month and the total pension payable to the widow or minor children of such policeman or fireman shall never exceed the sum of One Hundred Five and 00/100ths ($105.00) Dollars per month. For example, if a policeman or fireman who had made the additional contributions for benefits to his widow or minor children specified in Section 22 of said act as amended should retire at the age of fifty-five (55) years after twenty-five (25) or more years of service, the amount of pension payable to him would be the amount now provided by Section 3 of said act, which pension after retirant's death would be continued to his widow or minor children at seventy-five (75%) per cent of the amount allowed to the policeman or fireman on retirement.

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If such policeman or fireman having had twenty-five (25) or more years of service upon or after attainment of the age of fifty-five (55) should thereafter continue to serve as a policeman or fireman for one or more of the additional years now allowed by law before retirement at age sixty-five (65) becomes mandatory, any pension hereafter allowed to such policeman or fireman shall be increased by the amount of Four and 00/100ths ($4.00) Dollars per month for each additional year of service rendered after such policeman or fireman had both the minimum age and minimum years of service required for retirement on a standard service pension under this law as amended until retirement becomes compulsory at the end of the calendar year in which the age sixty-five is attained, which pension after retirant's death would be continued to his qualified widow or qualified minor children (if any) at three-fourths (3/4) the amount paid to the pensioner as long as there are beneficiaries qualified by law to receive same. Increased pension for additional years of service after minimum retirement qualifications. Section II. Section 4 of said Act (which section 4 is published in Georgia Laws 1945 at page 1058) is amended by adding to the first sentence thereof the words, unless such policeman or fireman had twenty-five (25) or more years of service prior to attainment by him of the compulsory age provided by the law. Said Section 4 (published in Georgia Laws 1945, page 1058) is further amended by inserting between the first and second sentences the following new sentence, to wit: If a policeman or fireman upon whose service a pension depends had completed twenty-five (25) or more years of service in such counties upon or after attainment by him of the age of fifty-five (55) years and thereafter continued to serve as a policeman or fireman in such counties and is killed in line of duty after having attained the age of fifty-five (55) years, the amount of the pension payable under this section to a surviving widow or `qualified minor children' shall be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each additional year of service of such policeman or fireman in such counties rendered after such deceased policeman or fireman had both the minimum years of service and minimum age for allowance to him of a standard service pension under this law as amended. Sec. 4, act of 1945, amended.

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After amendment as herein provided, said Section 4 shall read as follows: To read. Should a policeman or fireman in counties of Georgia having the population specified in the caption who has contributed to the pension fund the amounts required by Section 9 of said Act approved March 16, 1939 (Georgia Laws 1939, page 282) and the amendments thereto, be hereafter killed in the performance of duty as such policeman or fireman, then his surviving widow (and in the event he leaves no widow, his `qualified minor children') shall be eligible and entitled to receive as a pension a sum equivalent to fifty (50%) percent of the `average monthly salary of wage' (as defined by this Act) of such policeman or fireman, except that such pension to a surviving widow shall not exceed the sum of Seventy-five ($75.00) Dollars per month in any instance, unless such policeman or fireman had twenty-five (25) or more years of service prior to attainment by him of the compulsory retirement age provided by this law. If a policeman upon whose service a pension depends had completed twenty-five (25) or more years of service in such counties upon or after attainment by him of the age of fifty-five (55) years and thereafter continued to serve as a policeman or fireman in such counties and is killed in line of duty after having attained the age of fifty-five (55) years, the amount of the pension payable under this section to a surviving widow or `qualified minor children' shall be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each additional year of service of such policeman or fireman in such counties rendered after such deceased policeman or fireman had both the minimum years of service and minimum age requirements for allowance to him of a standard service pension under this law as amended. Said pension to a surviving widow of a policeman or fireman killed in the performance of duty shall be paid to the surviving widow only during her natural life or widowhood, and upon her death or remarriage continued to the `qualified minor children' of such deceased policeman or fireman to be distributed among them in the manner provided by this amendment until the youngest child attains the age of eighteen (18) years. Increased pension to widow or children for additional years of service after minimum retirement qualifications.

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Section III. Section 22 of the above entitled Act which was reenacted by the amendment to the above entitled Act approved March 8, 1945 (which Section 22 is published in Georgia Laws 1945, pp. 1060-62, inclusive) is amended by striking and eliminating Sub-paragraph (b) of said section (which is published in Georgia Laws 1945, p. 1062), and by substituting therefor a new Sub-paragraph (b) which shall read as follows: Sec. 22(b), act of 1945, amended. (b). In case such policeman or fireman making such additional contributions shall die while in the active service of such county after having not less than ten (10) years of active service to his credit in counties of Georgia having the population specified in caption (of which five (5) years or more must have been immediately preceding the date of death), his `qualified widow' or `qualified minor children' as herein defined shall be entitled to receive as a pension a sum equivalent to seventy-five (75%) per cent of the amount of pension that such policeman or fireman would have been entitled to receive in the future had such policeman or fireman not died, but had become as of the date of his death totally and permanently disabled by reason of injury, ill health, age or infirmity, and for that reason entitled to a pension as now provided by the portion of Section 3 of this Act as amended relating to `partial pension for disability from other cause after ten (10) years of service'. In other words, the amount paid to such `qualified widow' or `qualified minor children' shall be three-fourths (3/4) of the amount that such policeman or fireman would have received had such policeman or fireman not died, but on the other hand his health had become totally and permanently impaired by reason of injury, ill health, age or infirmity, and for that reason entitled to a pension under Section 3 of said Act as amended. As an illustration, if a policeman or fireman whose average monthly salary or wage was either $200.00 or $300.00 per month should die after eleven (11) years and nine (9) months of service without ever having applied for or received a pension, his `qualified widow' and after her death or remarriage, his `qualified minor children' under the age of eighteen (18) years, if any, would receive as a pension a sum equivalent to three-fourths (3/4) of

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eleven-twenty-fifths (11/25ths) of $100.00 per month or the sum of $33.00 per month. Such pension, if paid to a `qualified widow' shall be paid to her only for and during the term of her natural life or widowhood and thereafter continued to the `qualified minor children' during the period of their qualification as defined in Section 2 of said Act as amended. New (b). Benefits to widow or minor children. Section IV. Be it further enacted by authority of the aforesaid that a new section to be known as Section 31, be added to the above entitled Act as amended reading as follows: Sec. 31 added. Section 31. If a policeman or fireman having elected to make the contributions for additional benefits provided by Section 22 of said act as amended should cease to have a beneficiary qualified to receive a pension in the event of his death, either because of the death of all beneficiaries named in this law, or the marriage or attainment of the age of eighteen (18) years by the youngest minor child, or on account of the grant of a divorce between such member and his spouse, then such policeman or fireman may at his option cease to make further contributions for additional benefits provided by Section 22 for a surviving widow or minor children. In such event, contributions theretofore made for benefits for a widow or minor children shall not be refunded except in the event of death, resignation or dismissal from the service as now provided by Section 28 of said act as amended. Contributions for additional benefits for widows and minor children. An election to make additional contributions provided by Section 22 of said act as amended for the purpose of obtaining benefits for widows and minor children may be made by a policeman or fireman within sixty (60) days after his marriage or remarriage or within sixty (60) days after the birth of a child; provided, however, that the person making such election shall within the time required by this section equalize himself with other policemen and firemen by paying into the pension fund, in addition to current contributions, the percentage of his former salary or earnings necessary to equalize his total contribution to the pension fund with the contributions of other policemen and firemen paid by

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them for the same benefits during prior years of his employment. Notice of such election must be given in writing to the Treasurer of said pension fund and the additional contribution so required shall be paid to the Treasurer in cash or within a period of twelve months from the date of such notice. The full amount of the contribution so required for prior years of service shall be made to the pension fund before such person's widow or minor children are eligible for benefits hereunder; provided, however, that if such policeman or fireman or his beneficiary should become eligible to receive a pension during said twelve-month period and before the required contribution has been fully made, such pension may be granted and any unpaid balance of such additional contribution for prior years of service deducted from any pension allowed on account of the service of such policeman or fireman. Section V. Be it further enacted by the authority aforesaid that Section 6-A of said Act which is published in Georgia Laws 1945, page 1065, is amended by adding thereto the following proviso, to wit: Section 6-A, act of 1945, amended. Provided, however, that in counties of Georgia having the population specified in caption which have no Clerk of the Board of Commissioners of Roads and Revenues, the Ordinary shall serve as a member of the Board of Trustees instead of the Clerk of the Board of Commissioners of Roads and Revenues. Ordinary member of Board of Trustees. Section VI. Be it further enacted by the authority aforesaid, that if any section or provision added by this amendment is unconstitutional at the time of the approval of this amendment, same shall become valid and take effect upon the ratification of a constitutional amendment authorizing same. If part becomes valid. Section VII. Be it further enacted by the authority aforesaid that if any part, parts of section of this amendment should for any reason be declared unconstitutional by any court, such decision shall not affect the validity of the remaining portions of this amendment, which remaining portions the General Assembly intends shall continue in force as if this amendment had been passed with such unconstitutional portion eliminated. If part unconstitutional.

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Section VIII. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this amendment be, and the same are, hereby repealed. Approved March 25, 1947. SAVANNAH BEACH, TYBEE ISLAND, CHARTER AMENDMENTS. No. 137 (Senate Bill No. 65). An Act To revise, alter and amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, which have heretofore been amended, now known, under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; defining and providing the qualifications of electors thereof; defining and providing the qualifications for Councilmen and Mayor of said Town; to provide a permanent registration list for electors; to regulate the use of the street or way known as the Strand; to repeal all laws in conflict therewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same Section I. That Section 1 of that certain Act amending the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known as Savannah Beach, Tybee Island, said Act being approved March 24, 1939, and said Section 1 thereof being incorporated in the Georgia Laws of 1939 on pages 1367 and 1368 thereof, be and the same is hereby repealed; and be it further enacted that there is hereby inserted in lieu thereof a new Section 1 to read as follows: Sec. 1, act of 1989, repealed. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of the State of Georgia approved August 19, 1922, entitled, `An Act to amend, revise, and consolidate the several Acts granting corporate authority to the Town of Tybee; to confer additional powers on the Mayor

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and Councilmen of the Town of Tybee; to define the corporate limits of said Town, and for other purposes,' be and the same is hereby amended by striking from said Act Section 8 thereof, and enacting in lieu thereof the following, to be known as Section 8 of said Act: New section. Section 8. Be it further enacted that the following persons shall be qualified and entitled to vote for Mayor and Councilmen of the Town of Savannah Beach, Tybee Island at elections held for that purpose. All persons in order to be qualified to so vote shall have attained the age of 18 years or more, shall be citizens of the United States, shall have been a resident of the State of Georgia for twelve (12) months next preceding said election, and shall have been a bona fide resident, and domiciled within the corporate limits of the Town of Savannah Beach, Tybee Island for a period of six (6) months next preceding said election. New sec. 8 (from act of 1922). Elections. Voters. Section II. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the original bill heretofore filed be and the same is hereby amended, by amending on Page 2, of said original bill, Section 2, Line 11, thereof, by adding after the word elections and before the word as the following language, and who are at least twenty-one (21) years of age; and by adding on Line 12 thereof, after the word voter and before the word under the following language, and is at least twenty-five (25) years of age; and on Line 19 (last line of said Section) by adding after the word vote and before the word under the following language, and to hold such office, so that when Section 2 of said original bill is amended it shall read in full as follows: Sec. 2 of original bill amended. Section 2. Be it further enacted that Section 2, of that certain Act entitled, An Act to revise, alter and amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, etc., approved March 24, 1939, and incorporated on page 1368 of the Georgia Laws of 1939, be and the same is hereby repealed in its entirety, and a new section inserted in lieu thereof, to be known as Section 2, and to read as follows: Repealed. Section 2. Be it further enacted that from and after

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the passage of this Act, in all elections for Mayor and Councilmen of said Town of Savannah Beach, Tybee Island, all the said six (6) Councilmen shall be elected from among those persons qualified as electors to vote in said elections and who are at least twenty-one (21) years of age, as hereinbefore provided in this Act. Any one who is a qualified voter and is at least twenty-five (25) years of age, under the provisions of this Act may be elected Mayor of said Town. Should a vacancy occur in the office of Mayor, by death, resignation, or any other cause, such vacancy shall be filled by a majority vote of said Councilmen. Should a vacancy or vacancies occur in the office of Councilmen, by death, resignation, or any other cause, such vacancy or vacancies shall be filled by a majority vote of said Council, Provided, however, that in the filling of vacancies for either Mayor or Councilmen, such vacancy shall be filled by a person qualified to vote and to hold such office under the provisions of this Act. New sec. 2. Mayor and Councilmen. Section III. Be it further enacted that Section 2 of that certain Act entitled, An Act to revise, alter and amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island, and for other purposes, approved March 3, 1937 and incorporated in the Georgia Laws of 1937 on page 2162, be, and the same is hereby repealed in its entirety. Sec. 2, act of 1987, repealed. Section IV. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that the original bill heretofore filed be and the same is hereby amended on Page 3, of said original bill, Section 4, Line 18 thereof, by adding after the word day and before the word Sundays the following language, and on Saturdays from 10:00 o'clock A.M. until 1:00 o'clock P.M., so that when said Section 4 of said original bill is amended it shall read as follows: Sec. 4 of original bill amended. Section 4. Be it further enacted That Section 6 of that certain Act approved March 24, 1939 and incorporated in the Georgia Laws of 1939, pages 1370 and 1371, inclusive, as part of an Act entitled, `An Act to revise, alter and amend the several Acts incorporating the Mayor

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and Councilmen of the Town of Tybee, now known under the Act of the General Assembly, approved August 1, 1929 as Savannah Beach, Tybee Island; to define the qualifications of electors thereof; to define the qualifications for Councilmen and Mayor of said town; to provide an election for Mayor and Councilmen of said town..; to provide for a permanent registration for the voters of said town; to provide for primary elections, and for other purposes'; be, and the said Section 6 is hereby repealed and a new Section inserted in lieu thereof, to be known as Section 6, and to read as follows: To read. Sec. 6, act of 1989, repealed. Section 6. Be it further enacted that the Clerk of Council shall prepare and maintain a permanent registration list of voters of Savannah Beach, Tybee Island, and shall open the registration list of voters at the Town Hall ninety (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 10:00 o'clock A.M., until 5:00 o'clock P.M., each and every day, and on Saturdays from 10:00 o'clock A.M., until 1:00 o'clock P.M., Sundays and legal holidays excepted, until fifteen (15) days prior to the first Monday in March in the year in which an election is held, when said list will be finally closed so that those qualified to in the election for Mayor and Councilmen will have an opportunity to register. It shall be the duty of the Clerk of Council to submit the permanent registration list of voters and/or electors of said town to the Board of Registrars of Chatham County, thirty (30) days prior to the first Monday in April of each year in which an election is held, for the purpose of having said registration lists purged by the 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 be or may have become disqualified to vote. It shall be the duty of said Board of Registrars of Chatham County to purge said list when so submitted to them by the Clerk of Council, and to remove therefrom the names of all voters and/or electors who are not qualified to vote in the election for Mayor and Councilmen of Savannah Beach, Tybee Island, and to return said list of voters duly approved by said Board to the Clerk of Council at least ten (10) days prior to the holding of any election

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provided for under the terms of this Act. Such approved list of the registered and qualified electors and/or voters of Savannah Beach, Tybee Island, 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, Tybee Island. For such service the Board of Registrars of Chatham County shall receive the sum of Fifty ($50.00) Dollars, to be paid out of the Treasury of the Town of Savannah Beach, Tybee Island. New sec. 6. Registration list. [Illegible Text] list. Compensation, Board of Registrars. Section IV-A. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that said original bill shall be amended and a new Section shall be added to the original bill, as aforesaid, between the Section 4 and the Section 5 thereof, which shall be known as Section 4-A, which Section 4-A shall read as follows: Sec. 4-A added to original bill. Section 4-A. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the Authority of same, that Section 3 of the Act of the General Assembly of the State of Georgia, Page 624, approved January 31, 1946, entitled, `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 and the same is hereby repealed. Sec. 3, act of 1946, repealed. Section V. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that the original bill heretofore filed be and the same is hereby amended by omitting the period after the word repealed on the last line of Section 5 of said original bill and adding the following language, and a new Section inserted in lieu of Section 13 of the Acts of the General Assembly of the State of Georgia, Page 991,

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approved August 19, 1922, as aforesaid, which shall read as follows: Sec. 5 of original bill amended. Be it further enacted that it shall be the duty of the Clerk to furnish to the Managers presiding at any election before the opening of the polls, and on the day of, or day before such election, a complete list of all names arranged in alphabetical order which have been registered according to the provisions providing for the qualification of electors and/or voters, which list shall be certified over the official signature of said Clerk and the corporate seal of said town, which list shall be kept before the presiding Managers during such election. No person other than those on said list shall be authorized or permitted to vote, so that when said Section 5 of the original bill is amended it shall read as follows: New section in lieu of sec. 13, act of 1922. Section 5. 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 Sections 8, 10, 11, 12 and 13, of the Act of the General Assembly of the State of Georgia, pages 990 and 991, approved August 19, 1922, entitled, An Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Tybee, to confer additional powers on the Mayor and Councilmen of the Town of Tybee; to define the corporate limits of said town, and for other purposes, be and the same are hereby repealed and a new section inserted in lieu of Section 13 of the Acts of the General Assembly of the State of Georgia, Page 991, approved August 19, 1922 as aforesaid, which shall read as follows: Amended sec. 5. Be it further enacted that it shall be the duty of the Clerk to furnish to the Managers presiding at any election before the opening of the polls, and on the day of, or day before such election, a complete list of all names arranged in alphabetical order which have been registered according to the provisions providing for the qualification of electors and/or voters, which list shall be certified over the official signature of said Clerk and the corporate seal of said town, which list shall be kept before the presiding Managers during such election. No person other than those on said list shall be authorized or permitted to vote. New section. Voters' list.

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Section VI. Be it further enacted that Section 7 of that certain Act approved March 24, 1939, pages 1371 and 1372, and incorporated in the Georgia Laws of 1939, as aforesaid, be and the same is hereby repealed and a new section inserted in lieu thereof, to be known as Section 7 and to read as follows: Sec. 7, act of 1939, repealed. Section 10A. That it shall be the duty of the Clerk of Council, upon application in person of any person entitled to register, as aforesaid, within the time prescribed for the registration list to be kept open, to register the name of such person, expressing in such register his or her name, age, and place of residence, within the corporate limits of Savannah Beach, Tybee Island, all of which will be entered by the Clerk opposite the name of each applicant, in a book kept for such purpose and furnished at the expense of the town, and in every such case the following oath, which shall be administered by the Clerk of Council, shall be subscribed by the applicant in said book: `I do solemnly swear and affirm that I am at least 18 years of age; that I am a citizen of the United States; that I have resided continuously within the State of Georgia for (1) year, and have been a bona fide resident, domiciled within the corporate limits of Savannah Beach, Tybee Island, for six (6) months next preceding the General Election to be held on the first (1st) Monday in April, 1948 (changing the year as the case may be); and possess all of the qualifications of an elector as provided for by the Laws of the State of Georgia and the Acts of the General Assembly of the State of Georgia, fixing the qualifications of voters and/or electors of Savannah Beach, Tybee Island, So Help Me God' . New section. Oath of applicant for registration. Section VII. Be it further enacted that Sections 4, 9, 10, 11, 12, 13, 14 and 15 of that certain Act approved March 24, 1939, and incorporated in the Georgia Laws of 1939, pages 1368, 1369, 1372, 1373, 1374 and 1375, inclusive, as part of an Act entitled, An Act to revise, alter and amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; to define the qualifications of electors thereof; to define the qualifications for Councilmen and Mayor of said town; to provide for an election for Mayor

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and Councilmen of said town..; and to provide for a permanent registration for the voters of said town, to provide for Primary Elections, and for other purposes; be, and the said Sections 4, 9, 10, 11, 12, 13, 14 and 15 are hereby repealed. Sees. 4, 9-15, act of 1939, repealed. Section VIII. Be it further enacted by the authority aforesaid, that the hours of voting at all future elections to be held for Mayor and Councilmen of Savannah Beach, Tybee Island, or any special elections shall be from 7:00 o'clock A.M. until 6:00 o'clock P.M., city time, the polls being kept open eleven (11) full hours. There shall be one (1) polling place provided for in the Town Hall, and the cost to be paid from the Treasury of the Town of Savannah Beach, Tybee Island. Hours of voting. Polling place. Section IX. Be it further enacted by the authority aforesaid, that each contending faction in said elections shall be entitled to appoint and participate in the elections at said polling place one (1) Manager and one (1) Clerk, the contending faction paying the cost of services rendered by said Manager and/or Clerk, and in the event that the election is uncontested one (1) Manager and one (1) Clerk shall be appointed by the Mayor and Councilmen, and they shall each be paid the sum of TEN ($10.00) DOLLARS for their services from the Treasury of the town. Election Managers and Clerks. Compensation. Section X. Be it further enacted by the authority aforesaid, that in all other respects not herein set forth said elections shall be held pursuant to and in accordance with the election laws of the State of Georgia. How far State election laws control. Section XI. Be it further enacted by the authority aforesaid, that all resolutions or ordinances passed under this Act, or to carry out the provisions hereof may be passed after one (1) reading before the Mayor and Council of said city. Ordinances, etc. One reading. Section XII. Be it further enacted by the authority aforesaid, that in any case any section, paragraph, sentence, clause, or part of this Act should be declared to be illegal, void or unconstitutional, the illegality, invalidity and unconstitutionality of such section, paragraph, sentence, clause or part shall not affect the remaining provisions of this Act. If part illegal.

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Section XIII. Be it further enacted by the authority aforesaid, that the municipality shall not, and shall not permit any person, firm or corporation to build, construct, maintain or operate any permanent structure or obstruction of any kind or character upon any portion of the street or way known as the Strand, except the present building housing the public rest rooms, first aid station, police station and toll collection quarters, which building shall not cover a ground area more than twenty-six (26) feet long and twenty-five (25) feet wide, and which said building is now located between 16th and 17th Streets, south of the southern line of 16th Street if extended eastwardly. Strand, street or or way. Building, obstructions. Section XIV. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 22, 1947. CONDEMNATION OF PROPERTY BY CERTAIN MUNICIPALITIES AND COUNTIES. Code, Title 36, amended. No. 138 (Senate Bill No. 47). An Act To amend Title 36, Code of Georgia, 1933, by adding thereto an additional procedure for condemnation of property which shall be applicable to all municipalities and/or counties having a population of more than 250,000 according to the last or any future Federal census; to provide for condemnation by a proceeding in rem in the Superior Court where the property to be condemned lies; to provide for the requisites of pleading, service, notice and publication of such procedure; to provide for intervention in the proceedings by any person claiming an interest therein; to provide for the appointment of a guardian ad litem for any person laboring under disability of infancy, insanity or other like cause and who has or claims any right, title or interest in the land to be acquired; to authorize and establish the requisites for the filing by the Acquiring Authority of a declaration of taking at any time before judgment which shall vest in the Acquiring

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Authority fee simple title or such less interest or estate as is specified in said declaration, upon payment into court by the Acquiring Authority of a sum equal to the estimated value of the land to be acquired; to provide for the payment of interest on any sum awarded in excess of said estimated sum paid in; to provide for the rendition of judgment against the Acquiring Authority for any deficiency of the amount paid in as against the amount awarded; to authorize the jury to make a finding of consequential damages and/or benefits accruing to lands not taken by the condemnation; to establish the trial procedures for such condemnation including the impanelment of a jury and Alternate Jurors, if necessary, the oath of affirmation to be taken by the jury and a view by the jury of the lands involved; to establish standards of evidence to be considered by the jury in fixing the value of the land condemned, and in making a finding of consequential damages and/or benefits; to provide for the rendition of a verdict in writing by the jury or by a three-fourths majority thereof; to provide for the assessment of a lien against any property against which the jury makes a finding of consequential benefits, to establish the priority of such lien, and to prescribe the procedures for the foreclosure of such lien; to provide for the grant of new trials by the trial judge either as to the whole proceeding or as to any award contained in the jury's verdict; to provide for appeals to the Supreme Court by any party aggrieved by final judgment in the Lower Court; to provide for the payment into court by the Acquiring Authority of the sum adjudged by the jury and thereupon for an order declaring title to be vested in the Acquiring Authority; to authorize the court to determine and direct how the money paid in shall be distributed or to refer the case to an auditor or special master for assistance in such determination; to provide for the issuance of a writ of possession in the event possession shall not be surrendered to the Acquiring Authority after payment of adjudged compensation or after a declaration of taking; to provide for the allowance of amendments to pleadings; to provide for the repeal of laws or parts of laws in conflict herewith, but excluding any effect of such repeal on any Act done or right

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accrued under prior existing laws and to provide that all suits and proceedings pending prior to passage of this Act shall not be affected hereby; and for 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 I. The terms and provisions of this Act shall be applicable to all municipalities and/or counties in the State having a population of more than 250,000 according to the last or any future Federal decennial census, and all shall be deemed to be a supplemental plan for the condemnation of property by such cities and counties, and to that extent an amendment to Title 36, Code of Georgia, relating to Eminent Domain. Its provisions shall not apply to any Public Housing Authority. Municipalities and counties to which Act applies. Code, Title 36, amended. Section II. Whenever the governing authorities of any such municipality or county, hereinafter referred to as the Acquiring Authority, has been, or hereafter shall be, authorized by law to acquire real property, or any interest therein, for the construction of any public building or work, or for parks, parkways, public play grounds, or any other public purpose, such Acquiring Authority shall be, and hereby is, authorized to acquire the same in the name of such municipality or county by condemnation under judicial process whenever in the opinion of such Acquiring Authority it is necessary or advantageous so to do; and in every such case, the attorney representing such Acquiring Authority, upon the request of such Acquiring Authority, shall cause a proceeding in rem for such condemnation to be instituted in the Superior Court of the county in which such real property is located, which court is hereby vested with jurisdiction in all such cases of condemnation with full power to hear and determine all issues of law and fact that may arise in the same. Authority to condemn, when. Superior Court, jurisdiction. Section III. Every such condemnation proceeding shall be instituted by filing in said court a verified petition which shall contain or have annexed thereto the following: Petition. Contents or exhibits. (1) A statement of the authority under which and the public use for which the lands are to be acquired.

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(2) A description of the lands to be acquired sufficient for the identification thereof. (3) A plan showing the lands to be acquired. (4) The names of the owners of the lands to be acquired, or of any lands against which it is proposed that consequential benefits be assessed, so far as ascertainable by reasonable inquiry, and of the persons in actual and open possession of the same. If it shall appear from the land records of the Clerk of the Superior Court of the county in which such land is located that a right, title, interest, or estate in said lands was formerly vested in any person who is known, or may be presumed, to be deceased, which right, title, interest, or estate, if valid and subsisting, would be adverse to the person in present possession claiming to be owner of said lands, and the names of the heirs or devisees of such deceased person are not known, it shall be sufficient to describe them in the petition and in any order of citation or publication or other process thereon as the unknown heirs or devisees of such deceased person. And such designation shall be valid and effective to all intents and purposes as if all persons claiming by, through, or under said deceased person had been specifically named. (5) A statement of the estate or interest in said lands which petitioner intends to acquire for the public use stated. (6) A prayer that said lands be condemned and taken for the use of the Acquiring Authority and that the title to the same in fee simple, or such estate or interest as may be specified, be vested in the Acquiring Authority. Section IV. The court shall cause public notice of the institution of such proceeding to be given by an order of citation requiring all persons claiming to have any right, title, interest, or estate in the lands to be acquired, or to be entitled to compensation in respect of the taking of the same all persons occupying the same, and all persons having any right, title, or interest in any lands against which it is proposed to assess consequential benefits, to appear in said court on a day to be named in said order of citation to answer the petition and make claim for the compensation to which they deem themselves entitled. Any

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person having or claiming an interest in lands which it is claimed will suffer consequential damages by reason of the completion of the proposed public works shall be entitled to intervene in the proceeding and claim such damage. Public notice, order of [Illegible Text]. Persons to appear. Intervention. Section V. Such order of citation shall contain a description of the lands to be acquired sufficient for the identification thereof and the names of the persons given in the petition as claiming to have any right, title, interest, or estate in said lands or to be entitled to compensation in respect of the taking of the same and as occupying the same. If any such person is alleged in said petition to be a nonresident of the county in which such real property is located, the order of citation shall also state the last place of residence of such person, if known. Contents, order of citation. Section VI. Said order of citation shall be published at least once a week for three consecutive weeks in some newspaper of general circulation published in the county in which such real property is located. Publication. Section VII. The court shall also direct service of a copy of said order of citation before the return date of said order upon each of the persons named therein who is, so far as ascertainable by reasonable inquiry, residing or sojourning at the time within the county in which such real property is located. The court shall also require a copy of said order of citation to be mailed by the Clerk of the Superior Court by registered mail, postpaid, to such of the persons named therein as may be shown by said petition or affidavit to be non-residents of the county in which such real property is located, such copy to be addressed to such persons at their last known places of residence. Service, copy of order. Mailing. Section VIII. In default of appearance on or before the return day specified in said order of citation (or on or before such further day as the court for cause shown may allow for the purpose) every person having any right, title, interest, or estate in the lands described in said order, or entitled to compensation in respect of the taking of the same or entitled to the possession of, or occupying the same, shall be deemed to have consented to the taking and condemnation of said lands for the public purpose stated at and for such compensation as may be finally

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awarded therefor in the proceeding and shall be bound by all orders, judgments, and decrees that may be entered in said proceeding. Default of appearance. Effect. Section IX. The court may, by order, upon application and for cause shown, at any time prior to final judgment permit any person claiming any right, title, interest, or estate in the lands to be acquired or to be entitled to compensation in respect of the taking of the same to appear in said proceeding upon such terms and conditions as the court may direct. Permission, before final judgment, to appear. Section X. If any person having, or claiming to have, any right, title, interest, or estate in the lands to be acquired, or entitled, or claiming to be entitled, to compensation in respect of the taking of the same, or entitled or claiming to be entitled, to the possession of the same, appears to be under legal disability by reason of infancy, insanity, idiocy, or other like cause, the court, after the return day specified in the order of citation, upon the application of any person interested, shall appoint some suitable person as guardian ad litem to appear for such person under disability. Failure to apply for the appointment of a guardian ad litem for any such person under disability shall not affect the validity of the proceedings. Legal disability. Application for guardian ad litem. Failure to apply. Section XI. The petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the Acquiring Authority. Said declaration of taking shall contain or have annexed thereto Declaration of Taking. (1) A statement of the authority under which and public use for which said lands are taken. Contents or exhibits. (2) A description of the lands taken sufficient for the identification thereof. (3) A statement of the estate or interest in said lands taken for said public use. (4) A plan showing the lands taken and the public work to be effected. (5) A statement of the sum of money estimated by said Acquiring Authority to be just compensation for the land taken.

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(6) A statement and description of those lands not to be taken against which it is proposed that consequential benefits be assessed. Upon the filing of said declaration of taking and of the deposit in the registry of the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration and upon the tentative approval of the court subject to the verdict of the jury and the final judgment of the court of the amount estimated as compensating, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the Acquiring Authority, and said lands shall be deemed to be condemned and taken for the use of the Acquiring Authority, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment. No sum so paid into the registry shall be charged with commissions or poundage. Filing. Deposit of estimated compensation. Lands condemned, title vested in Acquiring Authority. Compensation, award, interest. Upon the application of the parties in interest, or upon the court's own motion, the court may order that the money deposited in the registry of the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands or any parcel thereof shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the Acquiring Authority for the amount of the deficiency. When and what money to be paid. Judgment. Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. Powers of court. Surrender of possession, etc.

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Section XII. When all the persons who have been summoned or published against in said case, as hereinbefore provided, have either answered or are in default as aforesaid, and all persons under legal disability have answered by their guardians ad litem, or in the judgment of the court ample opportunity has been given for the same, the case shall be regarded as ready for trial, and, upon the application of any party to said suit, the court shall forthwith set an early date to be especially fixed by it, not less than ten nor more than twenty days from the date of such application, for the trial of the issues of law and fact raised in said case, and the ascertainment of the compensation and/or consequential damages to land not taken to be awarded for the taking of the lands to be condemned, and for the assessment of any consequential benefits to lands not taken. The court shall thereupon empanel a jury for the trial of said cause. The court, may in its discretion, empanel alternate jurors in addition to the number provided by law, who shall hear all of the evidence and may participate in the final verdict in lieu of any regular juror who, by reason of ill health or otherwise, is unable to complete the trial of said cause. All of such jurors so selected and impanelled shall be freeholders of such county and shall not be in the service or employment of such Acquiring Authority. When case ready for trial. Setting. Issues. Jury. Section XIII. To the jurors so selected and impaneled the court shall administer an oath or affirmation that they are not interested in any manner in the lands to be condemned or lands to which consequential damages or benefits are claimed, and that they are not to their knowledge related to any person interested therein, and that they will impartially and to the best of their judgment ascertain, appraise, and award just compensation for the lands to be condemned and taken in said proceeding, just consequential damages and/or just consequential benefits. Jurors' oath. Section XIV. After being selected, impaneled, and sworn, and before hearing the evidence, the jury shall be taken by the Sheriff or his deputy, upon the lands to be acquired and those as to which either consequential damages or benefits are claimed, at a time to be fixed by the court,

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in order to view the said lands; and all parties in interest, their attorneys, and representatives shall have the right to be present at such view. View of lands by jury. Section XV. After such view and the jury shall have returned to the court, the trial of said cause shall be proceeded with before the court and jury. Any person who has appeared in the cause claiming any right, title, interest, or estate in the land to be taken, or compensation on account of the taking of the same, shall have the right to submit evidence concerning the value of such land, parcel by parcel, the nature and extent of his right, interest, or estate therein, and the compensation justly due for the taking of the same. No new structure or substantial alteration of a permanent nature, the purpose or natural effect of which is to enhance the value of the land to be taken, erected, or made thereon after the institution of the condemnation proceedings shall be taken into consideration in assessing and awarding compensation for land taken. If the land to be valued shall have been taken by virtue of a declaration of taking, as provided in this chapter, said land shall be valued for the purposes of compensation as of the date of such taking; and if, by act of the owner or other party claiming to be entitled to compensation, the value of the land for the use for which it is to be taken has been diminished, as by cutting trees, excavating, grading, or otherwise altering its physical condition, allowance, if petitioner so elects, shall be made in assessing compensation for such diminution in value. The Acquiring Authority shall have the right to submit evidence as to any consequential benefits alleged. Every party, whether petitioner or respondent, may except to any ruling of the court admitting or excluding evidence, granting, rejecting, or modifying prayers for instruction, or other ruling made in the cause in like manner as in other civil trials. Subsequent procedure at trial. No new structure. Fixing of value; date, diminution, benefits, etc. Evidence. Exceptions. Section XVI. It shall be the province of the jury to inquire into (1) the value of the lands condemned, (2) the amount of consequential damages, if any, to lands not taken, and (3) the amount of consequential benefits, if any, to lands not taken. To be recoverable consequential damages and/or benefits must not be remote or speculative but must be plain and appreciable. The measure of consequential damages

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and/or benefits shall be the increase or decrease as the case may be of the fair market value of the property at the time of taking the condemned property which can be shown has resulted or will result from the completion of the planned public works. Consequential benefits may be set off against consequential damages but not against any amount awarded for the value of land condemned. Jury's inquiry. Damages, benefits; measure. Setoff. Section XVII. At the close of the evidence the court shall charge the jury as in other trials at law and furnish them with a written form to be used in returning their verdict. The members of the jury may separate when not actually engaged in the consideration of their verdict, but no consideration of the verdict shall occur except in the presence of the entire jury selected. A verdict will be deemed to have been reached when three-fourths of the jury agree to the entire finding. When the jury, or the requisite majority thereof shall have agreed upon their verdict they shall, through their foreman, so notify the court, which shall thereupon pass an order setting a day for the return of the verdict in open court. The verdict shall be in writing subscribed by the jurors concurring therein, and shall set forth, parcel by parcel, the compensation to be paid for the taking of the lands to be condemned, the amount, if any, of consequential damages and/or benefits awarded as to the respective parcels. Charge to jury. Verdict. Section XVIII. The court shall have power to set aside or vacate the verdict of the jury, or any award contained therein, and to grant a new trial upon the same grounds as in other trials at law and upon the ground that said verdict, or any award contained therein is, in the judgment of the court, grossly excessive, or inadequate, or otherwise unreasonable or unjust. In case the verdict or any award contained therein is set aside or vacated, the court shall award a new trial with respect to the lands as to which said verdict or such award is set aside or vacated; and the court shall fix a date for a new trial and order a new panel of prospective jurors to be drawn, certified, and summoned as hereinbefore provided; and the cause shall be proceeded with as if no such verdict or award had been rendered. Setting aside verdict. New trial. Procedure. Section XIX. No motion for a new trial or to set aside

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or vacate the verdict, in whole or in part, or any award contained therein, shall be made after the expiration of twenty days, Sundays and legal holidays excluded, from the rendition thereof; and if no such motion be filed within such time, the verdict and the award or awards contained therein, shall become final and conclusive, and judgment shall be entered thereon. Motion in 20 days. Section XX. In the event that any verdict or any award contained therein shall become final by lapse of time or that any motion filed to set aside or vacate the same or to grant a new trial in respect thereof shall have been denied or overruled, the court shall enter judgment against the Acquiring Authority in favor of the parties entitled for the sum or sums awarded as just compensation, respectively, for the lands condemned for the use of the Acquiring Authority. When verdict or award becomes final. Section XXI. If the jury finds in favor of the Acquiring Authority and against the property of any party at interest for consequential benefits or for consequential benefits in excess of consequential damages, no judgment shall be rendered against said party in personam but the court shall, subject to its power to set aside or vacate the verdict of the jury, decree such amount as a lien against the property benefited. Such lien may not be enforced until the completion of the proposed public works, but thereafter if the amount of such lien be not paid, on motion of the Acquiring Authority and on notice to the owner of record and any person in possession of the property the Court shall order said lien to be foreclosed and the property sold at public outcry to satisfy said lien. Execution shall issue and be levied and the property sold as in other cases of sheriff's sales except that no deficiency judgment shall be rendered against the former owner of said property. The purchasers at such sale shall acquire fee simple title free and clear of all liens except for taxes. Such liens other than taxes will be deemed to be transferred to the excess, if any, of the selling price of the property over the amount of the lien of the Acquiring Authority. Benefits in excess of damages. Results. Lien, enforcement. Execution, levy, sale, purchasers. Section XXII. Any final judgment rendered against the Acquiring Authority under any provisions of this Act shall have like force and effect as a money judgment rendered

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against such Acquiring Authority; and the amount of such final judgment shall be paid out of any appropriation applicable to the case, if any such there be; and when no such appropriation exists said judgment shall be paid in the same manner as a money judgment rendered against such Acquiring Authority. Effect of final judgment against Acquiring Authority. Payment. Section XXIII. Any party aggrieved by any final judgment in a proceeding under this Act may appeal therefrom by bill of exceptions to the Supreme Court of Georgia and upon such appeal said court shall have power to review said judgment and affirm, reverse, or modify the same as on appeals in other actions of law. No such appeal, nor any bond or undertaking given therein, shall operate to prevent or delay the vesting of title to said lands in the Acquiring Authority, but upon the filing of a declaration of taking or (if no declaration of taking is filed) upon payment to the party entitled or deposit in the registry of the court, of the amount awarded by any judgment, title shall vest in the Acquiring Authority, saving to all parties their right to just compensation. In the event that the compensation finally awarded and adjudged for such lands shall exceed the amount awarded and adjudged by the judgment appealed from, said court shall enter judgment for the deficiency with interest as hereinbefore provided. Bill of exceptions to Supreme Court. Vesting of title pending. Judgment for deficiency. Section XXIV. Payment into the registry of the court for the use of all parties entitled of the sum of money adjudged to be just compensation for the lands to be condemned and taken, or for any parcel thereof, or any interest therein, shall constitute payment of such compensation. Upon such payment, the petitioner shall be entitled to an order declaring that the title to the lands in respect of which such compensation is so paid is vested in the Acquiring Authority. The money so paid into the registry of the court shall be deemed to be vested in the persons owning or interested in said lands, according to their respective estates and interests, and said money shall take the place and stand in lieu of the lands condemned. The court, upon the application of the petitioner or of any party in interest or on its own motion, shall have power to determine and direct who is entitled to receive payment of the money so paid into the registry, and may, in its discretion, order a reference to an auditor or a special

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master to ascertain the facts on which such determination and direction are to be made. Exceptions of fact or of law to the report of such auditor may be filed and disposed of as in other cases. Payment into registry of court, effects. Orders, power of court. Auditor or special master. Exceptions. (b) By striking from Section 12 of the last sentence thereof. Amendment of sections. (c) By striking from Section 14 the last clause thereof which consists of all words following the semi-colon. (d) By striking from Section 15 the words in the last sentence thereof whether petitioner or respondent. (e) By adding to Section 20, following the last word thereof and before the period the words or as consequential damages. Section XXV. In cases in which possession shall not have been awarded pursuant to a declaration of taking, when the adjudged compensation shall have been paid into the registry as directed in the judgment of the court and a certified copy of such judgment, with a certificate of the clerk of the court showing such payment, has been served upon the person in possession of said lands, such person shall, upon demand, deliver possession thereof to the petitioner. In case possession is not delivered when so demanded, the petitioner may apply to the court without notice (unless the court shall require notice to be given) for a writ of possession and the court, upon proof of the service of the copy of the final order or judgment and certificate of the clerk, showing payment as aforesaid, shall thereupon cause such writ to be issued, which shall be executed in the same manner as when issued in other cases for the delivery of possession of real property. Possession; writ of. Section XXVI. In all proceedings under this Act, the court shall have power at any stage of the proceedings to allow amendments in form or substance in any petition, citation, summons, process, answer, declaration of taking, order, verdict, or other proceeding, including amendment in the description of the lands sought to be condemned, whenever such amendment will not impair the substantial rights of any party in interest. Amendments. Section XXVII. In all proceedings under this Act, where the mode or manner of conducting the proceeding is not

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expressly provided for by law, the court shall have power to make all necessary orders and give all necessary directions to carry into effect the object and intent of this Act and of the several Acts of the Legislature heretofore or hereafter enacted conferring authority to acquire lands for the use of the Acquiring Authority. Court's power: necessary orders and directions. Section XXVIII. The repeal, express or implied, of any existing law or the alteration or amendment thereof by virtue of anything in this Act shall not affect (1) any act done or any right, including the right to appeal, accruing or accrued under existing law, or (2) any suit or proceeding pending in the Superior Court of any county having jurisdiction of the proceeding, or the Supreme Court of Georgia; but all pending suits and proceedings shall be proceeded with and disposed of in the same manner and with the same effect as if this Act had not been passed, it being the purpose of this Act to apply its terms and provisions to proceedings instituted after its enactment and approval by the Governor and to be cumulative to existing procedures for condemnation. No effect of Act on prior rights, pending suits, etc. Act cumulative. Section XXIX. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947. CRIMINAL COURT OF FULTON COUNTY SOLICITOR-GENERAL, ASSISTANT AND DEPUTY SOLICITORSSALARIES. No. 139 (House Bill No. 227). An Act To Amend an Act approved September 6, 1891, entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, as amended by an Act approved February 23, 1935, changing the name of the Criminal Court of Atlanta to the Criminal Court of Fulton County, and Acts amendatory thereof, by fixing the salaries of the Solicitor General of said court; by providing for the

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appointment of an assistant solicitor general and deputy solicitors general, and fixing their compensation; by providing for the appointment of investigators of said court and fixing their compensation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved September 6, 1891, entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, as amended by an Act approved February 23, 1935, changing the name of said court from the criminal Court of Atlanta to the Criminal Court of Fulton County, and as otherwise amended, be further amended by adding thereto the following additional sections: Acts of 1871, 1891, and 1935 amended. Section 2. The Solicitor General of the Criminal Court of Fulton County shall receive as compensation for his services a salary of $10,000 per annum, which shall be payable monthly by the Treasurer of Fulton County, and which said salary shall be in lieu of any salary heretofore prescribed by law for said Solicitor General. Criminal Court of Fulton County. Solicitor-General's salary. Section 3. There shall be an assistant solicitor general of the Criminal Court of Fulton County, who shall be appointed by the Solicitor General and serve at the pleasure of the Solicitor General. The assistant solicitor general shall receive such salary as may from time to time be fixed by the Board of Commissioners of Roads and Revenues of Fulton County, but in no event shall the salary of the assistant solicitor general be less than $5,820 per annum. The salary of the assistant solicitor general shall be paid monthly by the Treasurer of Fulton County. Assistant Solicitor-General. Salary. Section 4. There shall be three deputy solicitors general of the Criminal Court of Fulton County, who shall be appointed by the Solicitor General of said court and shall serve at his pleasure. Each of said deputy solicitors general shall receive such annual salary as may be fixed from time to time by the Board of Commissioners of Roads and Revenues of Fulton County, but in no event shall the salary of any deputy solicitor general be less than $4,820 per annum.

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The salary of each deputy solicitor general shall be paid monthly by the Treasurer of Fulton County. Deputy Solicitor-General. Salary. Section 5. In addition to the deputy solicitors general provided for by the foregoing section, the solicitor general may, if he shall deem it necessary, appoint an additional deputy solicitor general who shall serve at the pleasure of the Solicitor General. Such additional deputy solicitor general shall receive such salary as may be fixed from time to time by the Board of Commissioners of Roads and Revenues of Fulton County, but in no event shall the salary of the additional deputy solicitor general be less than $4,820 per annum. The salary of such additional deputy solicitor general shall be paid monthly by the Treasurer of Fulton County. Additional Deputy Solicitor. Salary. Section 6. The Solicitor General of the Criminal Court of Fulton County may, if he shall deem it necessary and proper, appoint two investigators for the purpose of investigating violations of the law in Fulton County and rendering such other assistance as may be required of them by the Solicitor General. Such investigators shall serve at the pleasure of the Solicitor General. Each of them shall receive a salary to be fixed from time to time by the Board of Commissioners of Roads and Revenues of Fulton County, Georgia, but not less than $260.00 per month. Investigators. Salary. Section 7. The assistant solicitor general and the deputy solicitors general provided for by this Act shall be in lieu of the deputy solicitors general now provided for by law. In lieu of present provisions. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1947. MEMBERSHIP IN LABOR ORGANIZATIONSFEESREQUIREMENTS, CONTRACTS, ILLEGAL ACTS, INJUNCTION. No. 140 (House Bill No. 72). An Act to prohibit any individual being required as a condition of employment, or of continuance of employment, to be or remain, or to refrain from being or remaining, a

Page 617

member or affiliate of a labor organization, or to pay fees, assessments, or other sums of money, to a labor organization; to prohibit contracts between employers and labor organizations which require as a condition of employment of any individual, or of continuance of such employment, that such individual be or remain a member of a labor organization, or that such individual pay any fee, assessment, or other sum of money, to a labor organization; to prohibit the involuntary deduction of fees, assessments, and other sums of money, from wages of employees; to prohibit contracts between employers and labor organizations requiring such involuntary deductions from wages of employees; to provide penalties for violations of this Act; to afford to individuals whose employment is affected by violations of this Act the remedy of injunction in certain cases, in addition to any other available remedy; to provide relief to individuals whose employment is affected by provisions contained in existing contracts between employers and labor organizations by declaring the public policy of this state with reference to such provisions, and by declaring such provisions to be void; to define certain terms; 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 the authority of the same: Section 1. When used in this Act (a) The term Employer includes any person acting in the interest of an employer, directly or indirectly but shall not include the United States, or any State, or any political subdivision thereof, or any person subject to the Railway Labor Act, as amended from time to time, or any labor organization (other than when acting as an employer), or any one acting in the capacity of officer or agent of such labor organization. Definitions of words in Act. (b) The term Employee shall include any employee, and shall not be limited to the employees of a particular employer. (c) The term Employment means employment by an employer as defined in this Act.

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(d) The term Labor Organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Section 2. No individual shall be required as a condition of employment, or of continuance of employment, to be or remain a member or an affiliate of a labor organization, or to resign from or to refrain from membership in or affiliation with a labor organization. Membership in or affiliation with labor organization. Section 3. No individual shall be required as a condition of employment, or of continuance of employment, to pay any fee, assessment, or other sum of money whatsoever, to a labor organization. Payment of fee or assessment to labor organization. Section 4. Any provision in a contract between an employer and a labor organization which requires as a condition of employment, or of continuance of employment, that any individual be or remain a member or an affiliate of a labor organization, or that any individual pay any fee, assessment, or other sum of money whatsoever, to a labor organization, is hereby declared to be contrary to the public policy of this State, and any such provision in any such contract heretofore or hereafter made shall be absolutely void. Certain contract provisions contrary to public policy and void. Section 5. From and after the effective date of this Act it shall be unlawful for any employer to contract with any labor organization, and for any labor organization to contract with any employer, so as to make it a condition of employment of any individual, or of continuance of such employment, that such individual be or remain a member of a labor organization, or that such individual pay any fee, assessment, or other sum of money whatsoever, to a labor organization. Unlawful so to contract as condition of or continuance in employment. Section 6. No employer shall deduct from the wages or other earnings of any employee any fee, assessment, or other sum of money whatsoever, to be held for or to be paid over to a labor organization, except on the individual order or request of such employee, revocable to the will of the employee. Deduction of fee, etc., from earnings unlawful.

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Section 7. From and after the effective date of this Act it shall be unlawful for any employer to contract with any labor organization, and for any labor organization to contract with any employer, for the deduction of any fee, assessment, or other sum of money whatsoever, from the wages or other earnings of an employee, to be held for or to be paid over to a labor organization, except upon the condition to be embodied in said contract that such deduction will be made only on the individual order or request of such employee revocable at the will of such employee. Contract or deduction unlawful; exception. Section 8. The remedy of injunction, in addition to any other available remedy, is hereby given to any individual whose employment is affected, or may be affected, by any contract which is declared in whole or in part to be void by any provision of this Act. The application for injunction may be filed in any court of appropriate jurisdiction, and service shall be made upon the parties in the manner now or hereafter provided by law. In any such proceeding the plaintiff shall be entitled to his costs and reasonable attorneys' fees, and shall recover actual damages sustained by him. The court shall assess such costs, attorneys' fees and damages as between the parties to said contract under equitable rules and principles. Injunction. Section 9. Any employer or labor organization, and any person acting for an employer or labor organization, who violates any of the provisions of Section 5, Section 6 or Section 7 of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 27-2506 of the Code of Georgia, 1933. Violations. Punishment. Section 10. Be it further enacted by the authority aforesaid that should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of this Act but all such provisions not held illegal or unconstitutional shall remain in full force and effect. If part unconstitutional. Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947.

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INTERFERENCE WITH EMPLOYMENT OR WORKMASS PICKETINGUNLAWFUL ACTS. No. 141 (House Bill No. 73). An Act to prohibit the use of force, intimidation, violence, or threats thereof, to restrict or otherwise interfere with the right of any person to work or refrain from working, or to peaceably conduct his business, or to require the membership or non-membership of any person in a labor organization; to make unlawful certain acts of picketing, and certain assemblies in connection with labor disputes; to provide penalties for violations; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. Section 1. It shall be unlawful for any person, acting alone or in concert with one or more other persons, by the use of force, intimidation, violence, or threats thereof, to prevent or attempt to prevent any individual from quitting or continuing in the employment of, or from accepting or refusing employment by, any employer, or from entering or leaving any place of employment of such employer. Employment, quitting, or continuing. Unlawful acts. Section 2. It shall be unlawful for any two or more persons to assemble at or near any place where a labor dispute exists, and by force, intimidation, violence, or threats thereof, prevent or attempt to prevent any person from engaging in any lawful vocation, or from any person acting either by himself, or as a member of any group or organization, or acting in concert with one or more other persons, to promote, encourage or aid any such unlawful assemblage. Unlawful assembly. Interference with lawful vocation. Section 3. It shall be unlawful for any person to engage in mass picketing at or near any place where a labor dispute exists, in such number or manner as to obstruct or interfere with, or constitute a threat to obstruct or interfere with, the entrance to or egress from any place of employment, or to obstruct or interfere with, or constitute a threat to obstruct or interfere with, free and uninterrupted use of public roads, streets, highways, railways, airports or other ways of travel, transportation or conveyance. Unlawful mass picketing.

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Section 4. It shall be unlawful for any person, acting alone or in concert with one or more other persons, to compel or attempt to compel any person to join or refrain from joining any labor organization, or to strike or refrain from striking against his will, by any threatened or actual interference with his person, immediate family, or physical property, or by any threatened or actual interference with the pursuit of lawful employment by such person, or by his immediate family. Joining or not joining labor organization; striking or not striking. Illegal acts. Section 5. It shall be unlawful for any person, acting alone or in concert with one or more other persons, by the use of force, intimidation, violence, or threats thereof, to prevent or attempt to prevent any employer from lawfully engaging or continuing to engage in any proper and lawful business activity, or from the proper, lawful or peaceable use or enjoyment of his property used or useful in the conduct of such business, or from acquiring materials or supplies for the purposes of such business, or from disposing of the goods, wares or products of such business, or to prevent or attempt to prevent any carrier or other person from supplying or delivering materials or supplies to any such employer, or from receiving or accepting delivery on the premises of such business of the goods, wares or products of such business. Unlawful interference with employer's business, use of property, materials, disposal or delivery of goods, etc. Section 6. Any person who violates any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 27-2506 of the Code of Georgia, 1933. Violations. Punishment. Section 7. Be it further enacted by the authority aforesaid that should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act but all such provisions not held illegal or unconstitutional shall remain in full force and effect. If part unconstitutional. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947.

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RELINQUISHMENT BY STATE OF TITLE TO AREAS CONTIGUOUS TO LOTS, MACON RESERVE WEST OF OCMULGEE RIVER. No. 142 (Senate Bill No. 4). An Act, To provide for the relinquishment by the State of the areas leading from the original corporate boundaries of the City of Macon to the ten-acre lots of the Macon Reserve West of the Ocmulgee River and lying between the four-acre lots of said Macon Reserve, to state the purposes 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 I. That title to the areas lying between the four-acre lots of the Macon Reserve West of the Ocmulgee River and contiguous to the ten-acre lots of said Reserve on the one side and the original boundaries of the City of Macon on the other is hereby relinquished by the State. Relinquishment of title. Section II. That said relinquishment of title by the State of the areas aforesaid shall not be construed as a fresh grant of title to anyone, it being the only purpose of this Act to declare that the State has no title in said areas and is hereafter estopped to claim any title in them. Purpose of Act. Section III. That all Acts and parts of Acts in conflict herewith be, and the same are, hereby repealed. Approved March 25, 1947. STADIUM AUTHORITY FOR CERTAIN COUNTIES. No. 143 (Senate Bill No. 99). An Act To create in every county in this State having a population of 300,000 or more inhabitants according to the United States Census for 1940, or any future United States Census, a Stadium Authority for said county, the members of which are to be appointed by the Board of Commissioners of Roads and Revenues of such county, or other county authority having charge of the roads and revenues thereof; to provide for the number of members

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of such Stadium Authority and their terms and tenure; to provide that said Stadium Authority shall have power, when directed by said Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues, to plan and erect athletic stadia, and supervise, manage and operate same; to provide that every such stadium may be erected upon the revenue certificate plan and may be paid for by revenue certificates issued by the county under and by virtue of the authority contained in Article 7, Section 7, Paragraph 5, of the Constitution, and the Acts of the General Assembly heretofore and hereafter enacted authorizing counties to issue revenue certificates without being obligations of the county; to provide that said Stadium Authority shall have power, when directed by said Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues, to extend, repair and improve any stadium erected by it, which extension, repair and improvement may be made with funds obtained on said revenue certificate plan; to repeal conflicting laws; and for other purposes. Section I. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be, and there is hereby created, in every county in this State having a population of 300,000 or more inhabitants according to the United States Census of 1940, or any future United States Census, a Stadium Authority for such county. Stadium Authority created. Counties affected. Section II. Said Stadium Authority shall be composed of not less than five and not more than nine members, resident freeholders of the county, to be appointed by the Board of Commissioners of Roads and Revenues for such county, or other county authority having charge of the roads and revenues thereof (and any one or more members of said Board of Commissioners or other county authority may be appointed members of said Stadium Authority); each member to hold office for a term of six years, and until his successor (to be appointed in like manner) shall have been appointed and qualified. Members; appointment, term. Section III. Every such Stadium Authority shall have

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power, when directed by said Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues, to plan and erect an athletic stadium or stadia at any place within the limits of the county; and upon erection said Stadium Authority shall have power, when directed by the said Board of Commissioners or other county authority having charge of the roads and revenues, to supervise, manage and operate same as a revenue producing facility, and said Stadium Authority, when directed by said Board of Commissioners or other county authority in charge of the roads and revenues, shall have full and complete charge of each stadium so erected within the county. Powers. Section IV. Any such stadium may be erected upon the revenue certificate plan and may be paid for by revenue certificates issued by the county under and by virtue of the authority contained in Article 7, Section 7, Paragraph 5, of the Constitution, and the Acts of the General Assembly heretofore enacted (including the Act approved March 31, 1937, Georgia Laws 1937, p. 761 as amended by the Act Approved February 23, 1939, Georgia Laws 1939, p. 362) and hereafter enacted, providing for the issuance of revenue certificates for the purchase and construction, in whole or in part, of any revenue-producing facility, and no such revenue certificate shall be a general obligation of said county. Revenue Certificates. Section V. Every such Stadium Authority shall have power, when directed by said Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues, to extend, repair, and improve any stadium erected by it under authority of this Act, and funds therefor may be obtained under said revenue certificate plan. Power as to erected stadiums. Section VI. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947.

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FULTON PENSION LAW AMENDED. No. 144 (Senate Bill No. 100). 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 employees may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this Act; to provide that employees of other departments of the government may elect to come under the terms of this Act; and to provide how and under what conditions they may come under the terms of this Act; to provide that employees of the County School Department and elective officers are excluded from the terms of this Act; to provide that this Act shall take effect upon ratification of a proposed constitutional amendment granting to Fulton County the authority to establish a pension fund and to levy taxes therefor; and for other purposes, 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 as thereafter amended by an Act approved March 19, 1943 (Georgia Laws 1943, page 994), and thereafter amended by an Act approved March 20, 1943 (Georgia Laws 1943, page 995), and as thereafter amended by an Act approved February

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16, 1945 (Georgia Laws 1945, page 658), and thereafter amended by an Act approved January 31, 1946 (Georgia Laws 1946, page 247), so as to increase the amount of pension hereafter allowed to an officer, deputy or employee or his or her beneficiary for years of service rendered after such officer, deputy or employee became entitled to retire on a standard service pension; to reduce from twelve (12) to ten (10) years the number of years of service required for retirement on a disability pension which is not service connected; to reduce from five (5) to three (3) years the number of years of continuous service required immediately before retirement on either a standard service pension or a partial pension for nonservice connected disability; to extend the coverage of said Act (subject to approval of an amendment to the Constitution of Georgia authorizing such extension) to State employees and to State and County employees whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds belonging to Fulton County, and to employees of the County Welfare Department of Fulton County, and to the Executive Secretary or Treasurer of any Pension Board established by law for the administration of any pension system in which county employees or county school employees or policemen and firemen in Fulton County are permitted by law to participate, and to certain officers elected by the people whose salaries are paid by the Treasurer of Fulton County; to provide machinery for participation in the future by persons not now authorized, but who may by amendment to the Constitution of Georgia become authorized, to participate in the Pension System created by said Act; to redefine the words, qualified minor children, and to define the words officer, deputy or employee, as used in said Act, to provide that minor children but not a surviving husband may be specified as a beneficiary by a female officer, deputy or employee; to provide for an election to obtain benefits for widows or minor children after marriage or remarriage of a member or after the birth of a child, the procedure therefor and the effect thereof; to provide for discontinuance by a member of additional contributions for benefits to widows or minor children upon the death of all expectant

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beneficiaries or upon occurrence of circumstances which make it unlikely that a member will be survived by a beneficiary eligible to receive a pension; to make participation and added contributions for the benefit of widows and minor children mandatory as to officers, deputies and employees who have a wife or unmarried child under eighteen (18) years of age and whose terms of service commence after approval of this amendment; to provide for a new election following approval of this amendment to obtain benefits for widows and minor children by officers, deputies and employees now in the service of said County; to require compulsory retirement of all officers, deputies and employees at the end of the calendar year in which they respectively attain the age of seventy (70) years and to authorize the Board of Commissioners of Roads and Revenues to require compulsory retirement of all officers, deputies and employees as they respectively attain the age of sixty-five (65) years or at any time thereafter, except that no person shall be compelled to retire until the completion of a term of office to which such person may have been previously appointed or elected; to provide for a partial pension to all officers, deputies and employees compelled to retire on account of age who are not otherwise entitled to receive a pension under said Act, the amount of such pension and the length of time for which same shall be paid; to provide the terms and conditions upon which such pension shall be continued to the widow or minor child of an officer, deputy or employee compelled to retire on account of age and the amount thereof; to provide machinery for participation by the Executive Secretary in the pension system created by said Act as amended; to provide for the substitution of a representative of the public as a member of the Pension Board of Fulton County in place of the County Treasurer who is now a member of said Pension Board; to provide a separability clause; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That the Act named in the caption which is an Act entitled: An Act authorizing the Board of Commissioners of Roads

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and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this Act; to provide that employees of other departments of the government may elect to come under the terms of this Act; and to provide how and under what conditions they may come under the terms of this Act; to provide that employees of the County School Department and elective officers are excluded from the terms of this Act; to provide that this Act shall take effect upon ratification of a proposed constitutional amendment granting to Fulton County the authority to establish a pension fund and to levy taxes therefor; and for other purposes, 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 appproved March 27, 1941 (Georgia Laws 1941, page 846), and as thereafter amended by an Act approved March 19, 1943 (Georgia Laws 1943, page 994), and thereafter amended by an Act approved March 20, 1943 (Georgia Laws 1943, page 995), and as thereafter amended by an Act approved February 16, 1943 (Georgia Laws 1945, page 658), and thereafter amended by an Act approved January 31, 1946 (Georgia Laws 1946, page 247), be and the same is hereby further amended in the following particulars, to wit: Acts amended. Section I. Section 4 of said act which was reenacted by the amendment thereto approved February 16, 1945

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(which Section 4 is published in Georgia Laws 1945, pp. 663 to 668, inclusive) is stricken and in lieu thereof a new section to be known as Section 4 is enacted to read as follows: Sec. 4, act of 1945, stricken. Section 4. Jurisdiction and authority to continue to pay officers, deputies and employees of Fulton County and their beneficiaries the pensions lawfully allowed under said original Act approved March 3, 1939 (Georgia Laws 1939, page 571) and under prior amendments thereto is retained. All pensions lawfully allowed to officers, deputies and employees of Fulton County and their beneficiaries prior to the approval of this amendment are continued for the amounts and upon the conditions provided by law prior to the approval of this amendment. New section. Previous authority retained. Previous pensions continued. Except as provided in other sections of said act as amended, the privileges and benefits of this Act shall be confined to regular officers, deputies and employees of Fulton County and their beneficiaries for whom protection was originally provided by said Act approved March 3, 1939 and such officers, deputies and employees of Fulton County and their beneficiaries for whom protection may have been provided by the prior amendments described in caption or for whom protection may be provided by this amendment or any future amendment to said law. As to such qualified officers, deputies and employees of Fulton County, pension or retirement benefits shall be allowed and paid beginning with the date of approval of this Act measured by a percentage of `average monthly salary of wage' and the overall limitations which are specified by this law. Persons entitled to benefits. Measure of benefits. `Average monthly salary or wage' as used in this Amendment shall mean an amount equivalent to the average monthly salary or wages paid during the two (2) consecutive years that such officer, deputy or employee drew his or her highest monthly salary or wage. To illustrate, if an applicant for a pension who is fifty-five (55) years of age and who has completed twenty-five (25) years of service on the payroll of said County received during the two (2) consecutive years in which such applicant drew the highest monthly salary or wage an average monthly salary or wage of Two Hundred

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($200.00) Dollars per month, such qualified applicant would be entitled to an allowance of a pension or retirement pay in the sum of One Hundred ($100.00) Dollars per month, which allowance is one-half () of such average monthly salary or wage and also not in excess of the maximum provided by this law. STANDARD SERVICE PENSION. Any such officer, deputy or employee of Fulton County who has attained the age of fifty-five (55) years and who has completed twenty-five (25) years of service on the payroll of said County (of which 25 years of service three (3) years or more must have been immediately preceding the right to have benefits under this Act), if otherwise eligible to a pension under this Act, shall be entitled to retire as a matter of right and to receive a standard service pension of one-half () the average monthly salary or wage (as herein defined) paid to such officer, deputy or employee but not exceeding the sum of One Hundred ($100.00) Dollars per month in any instance, which standard service pension shall be paid monthly during the remainder of the natural life of such officer, deputy or employee, except that said pension shall cease immediately upon acceptance by such officer, deputy, or employee of other public employment of the nature defined in Section 16 of said original Act approved March 3, 1939 (Georgia Laws 1939, page 578). Persons entitled. Standard service pension. SERVICE-CONNECTED DISABILITY PENSION. A service-connected disability pension in an amount equal to one-half () the average monthly salary or wage as herein defined, paid to a disabled officer, deputy or employee, but not exceeding One Hundred ($100.00) Dollars per month in any instance, shall be paid for the period provided by this amendment to any such officer, deputy or employee (other than an officer elected by the people) without regard to age or length of service, who shall become totally and permanently disabled as the direct and proximate result of either of the following causes, namely: Service-connected disability pension. (a) From accident suffered in line of duty resulting

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immediately in the disability of such officer, deputy or employee, or Accident. (b) From an occupational or industrial disease due to specific poisons, mechanical or chemical irritants and the like, which are recognized as a peculiar hazard of the occupation in the county's service in which such person was engaged and of a character which other persons not engaged in such occupation do not contract, or Occupational or industrial disease. (c) From a disease or illness resulting immediately and exclusively from emergency exposure in line of duty as an officer, deputy or employee of the County, without the intervention of natural causes. Emergency exposure. PARTIAL PENSION FOR DISABILITY FROM OTHER CAUSE AFTER TEN (10) YEARS OF SERVICE. Any such officer, deputy or employee of said county (other than an officer elected by the people) who is not otherwise entitled to a pension under this law and who has been in the active service and on the payroll of said County for ten (10) years or more (of which said service three (3) years or more must have been immediately preceding the right to have benefits under this Act) and whose health during said period of service becomes totally and permanently impaired by reason of injury, ill health, age or infirmity shall, as a matter of right, be entitled to retire and to receive from the pension fund hereby created for the period provided by this amendment a disability pension in an amount proportionate to the total number of whole years of service to the County by such officer, deputy or employee. If such officer, deputy or employee at the time of applying for such disability pension has spent twenty-five (25) years or more in the service of Fulton County, the amount of such disability pension shall be one-half () of the average monthly salary or wage of such employee as defined by this Act, but not exceeding One Hundred ($100.00) Dollars per month in any instance. To illustrate, an officer, deputy or employee whose health becomes totally and permanently impaired after eleven (11) years of service (of which years of service the three (3) last years had been continuous) and otherwise qualified under this Act whose

Page 632

average monthly salary or wage is $175.00 per month would be entitled to a pension of 11/25ths of one-half () of $175.00 per month, that is, a pension in the amount of $38.50 per month. Partial pension for disability after 10-years' service. Said disability pension for disability after ten (10) years or more of service shall be paid without regard to the age of the applicant and for the period provided by this Act. PAYMENT OF DISABILITY PENSION CONDITIONAL ON CONTINUANCE OF DISABILITY. Any disability pension provided by any section of this Act for disability from any cause, that is, either the service-connected disability pension or the disability pension allowed after ten (10) years or more of service (of which ten (10) years the last three (3) years or more of service must have been continuous as herein defined) shall be allowed and paid to a disabled officer, deputy or employee only during the continuance of such disability as defined by this Act. If a question should arise at any time as to the continuance of such disability and the eligibility for that reason of the pensioner to continue to receive a pension, then the failure or refusal of the County authorities to provide employment with duties comparable to those required of the same person at time of retirement and at the average monthly salary or wage defined by this Act shall be conclusive evidence of the continuance of disability upon which the right to continue to receive said pension depends. Disability payments authorized only during disability. County's failure to provide employment as evidence of continuance of disability. For the purpose of ascertaining whether or not disability of a pensioner continues, the Pension Board shall from time to time (but not oftener than once each six (6) months) be authorized to investigate and inquire into the physical condition of such pensioner and (if it deems it advisable) have such pensioner examined by the County physician and to make a new finding based upon such examination and the evidence regarding continuance of disability. In passing upon any question of continuance of disability, said Pension Board may receive and consider the reports and recommendations of physicians who have examined the pensioner, and either party shall

Page 633

have the right to submit medical and other competent evidence on the question of continuance of disability as herein defined, and the judgment of the Pension Board upon this issue shall be entered on the Minutes of the Board. Both the applicant and Fulton County may by agreement submit any question of continuance of disability to arbitration of three (3) licensed physicians of this State, one of whom shall be selected by the applicant and one by Fulton County and the third to be selected by the two physicians so chosen by the parties. Such arbitrators shall have the right to examine the applicant and hear evidence upon the question of continuance of disability to the same extent as the Pension Board, and the written report of said arbitrators or a majority of them upon the question of continuance of disability duly returned to the Pension Board and entered on its minutes shall constitute a final judgment upon the issue as to whether such disability then exists. If, upon such investigation, it should be determined by the Pension Board or by the arbitrators as herein provided that such disability or impairment of health has ceased and if the County authorities should offer such pensioner employment with duties comparable to those required of the same person at time of retirement and at a salary or wage equal to or exceeding the `average monthly salary or wage' which is defined by this Act, then no further pension or retirement benefit shall be paid or payable to such pensioner or his beneficiary herein named based upon the same disability. Investigation as to continuance of disability. Arbitration. Pension discontinued when disability ceases. INCREASED PENSION FOR ADDITIONAL YEARS OF SERVICE AFTER MINIMUM RETIREMENT QUALIFICATIONS. The amount of any pension hereafter allowed under the above entitled act as amended to an officer, deputy or employee who, at or after the age of fifty-five (55) years, becomes entitled to retire on a standard service pension because of having at that time both the minimum age and the length of service requirements provided by law for retirement on a standard service pension shall be increased in the amount of Four and 00/100ths ($4.00) Dollars per month for each additional year of service that

Page 634

such person renders as an officer, deputy or employee in such county after attaining both the minimum age and service requirements now provided by law for a standard service pension, including years of service in other counties of this State merged with Fulton County. Likewise, in the case of those officers, deputies and employees who have made provision for a beneficiary in accordance with Section 21 of said act as amended, and who do retire, or become entitled to retire on a standard service pension because of having at or after attaining the age of fifty-five (55) years both the minimum age and the length of service required by law for retirement on a standard service pension, the amount of any pension payable to the widow or minor children of such officer, deputy or employee shall be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each additional year of service rendered by the person upon whose service such right to a pension depends after such person had both the minimum age and length of service required by law for retirement on a standard service pension. The total pension payable to an officer, deputy or employee having such additional years of service shall never exceed the sum of One Hundred Forty and 00/100ths ($140.00) Dollars per month and the total pension payable to the widow or minor children of an officer, deputy or employee having such additional years of service shall never exceed the sum of One Hundred Five and 00/100ths ($105.00) Dollars per month. For example, if an officer, deputy or employee retires at the age of fifty-five (55) after either twenty-five (25) or more than twenty-five (25) years of service, the amount of pension payable to him or to her under this law would be the standard service pension now provided by Section 4 of said Act as amended, and if such officer, deputy or employee should not complete twenty-five (25) years of service until attainment of the age of fifty-eight (58) years, the extra years of service for which the increased pension provided by this paragraph would be paid would not commence until such person entered upon his or her fifty-ninth year. In either case, the amount of the increase in pension allowed to a retired officer, deputy or employee after attainment of such minimum qualifications for a

Page 635

standard service pension would be the sum of Four and 00/100ths ($4.00) Dollars per month for each additional full year of service thereafter rendered as an officer, deputy or employee of said county and if the widow, or minor children became entitled to receive, or to succeed to a pension, by reason of the same service to the County, the amount of such pension to such widow or minor children would be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each additional full year of service so rendered after completion of the minimum age and service qualifications for a standard service pension. Increased pension for additional years of service after minimum retirement qualifications. Section II. DEFINITIONS. Be it further enacted by the authority aforesaid that as used in this amendment and in any future amendments to said Act, the following words and terms shall have the following meanings, to wit: Definitions. The words, average monthly salary or wage shall have the same meaning as provided by Section 4 of this Act as amended. Average monthly salary or wage. The term, qualified minor children, shall refer to and include only the surviving minor child or children of a deceased officer, deputy or employee who are unmarried or not more than eighteen (18) years of age. Upon marriage or upon attainment by a qualified minor child of the age of eighteen (18) years, such child's interest in any pension payable under said Act or any amendment thereto shall cease and determine. Any pension payable to qualified minor children shall be distributed in equal shares for the benefit of all children within that class as herein defined and in the discretion of the Pension Board may be paid either to the person having custody or control of such minor children or to their legal guardian. In the event of the death or marriage or attainment of the age of eighteen (18) years by one of several minor children entitled to share in a pension under this law, said pension shall be distributed among the remaining minor children entitled to receive same as long as there remains a minor child of such deceased officer, deputy or employee unmarried and under the age of eighteen (18) years. Qualified minor children. The term officer, deputy or employee wherever used in said Act or in any amendment thereto, shall include female

Page 636

officers, deputies or employees and the masculine gender wherever used in said Act with respect to the privileges or obligations of officers, deputies and employees, or their beneficiaries, shall include the feminine gender, except that the husband of a female employee shall never be entitled to receive a pension under said Act or the amendments thereto. Accordingly, female employees may make for the benefit of their minor children the election provided by Section 21 of said Act but if they do so elect, only their qualified minor children, and not a surviving husband, may participate in the benefits provided by Section 21 and receive a pension under said Act. Officer, deputy or employee. Section III. Be it further enacted by the authority aforesaid that Section 11 of the above entitled Act as heretofore amended (which Section 11 as last amended is published on page 672 of the 1945 Georgia Laws) is stricken and a new section to be known as Section 11 is enacted in lieu thereof reading as follows: Sec. 11, act of 1945, stricken. Section 11. Should any regular officer, deputy or employee who has contributed to said Pension Fund the three (3%) contributions required by Section 5 of said Act as amended be hereafter killed in the performance of duty as such officer, deputy or employee, then his surviving widow (and in the event he has no surviving widow, his `qualified minor child' as defined in this amendment) shall be eligible and entitled to receive as a pension a sum equivalent to fifty (50%) per cent of the `average monthly salary or wage' (as defined by said Act) of such officer, deputy or employee, except that such pension to a surviving widow or minor children shall not exceed the sum of Seventy-five and 00/100ths ($75.00) Dollars per month in any instance, unless such officer, deputy or employee during his period of service on the County payroll had attained the minimum age and also accumulated the years of service which entitled him to retire on a standard service pension during his period of service as an officer, deputy or employee of said County. If such officer, deputy or employee upon whose service a pension depends, had, prior to death in line of duty, completed twenty-five (25) years or more of service upon the payroll of Fulton County (including counties merged with

Page 637

Fulton County as provided by this law) upon or after attaining the age of fifty-five (55) years, then the amount of pension payable under this section to a surviving widow or to `qualified minor children' shall be increased by the amount of Three and 00/100ths ($3.00) Dollars per month for each year of service of such officer, deputy or employee so rendered by him during lifetime after he had both the minimum service and minimum age requirements for allowance to him during lifetime of a standard service pension under this law. Said pension to a surviving widow shall be paid to her only during her natural life or widowhood and upon her death or remarriage continued to the `qualified minor children' of such deceased officer, deputy or employee, to be distributed equally among them until the youngest child attains the age of eighteen (18) years. New section. Pension to beneficiaries upon contributor's death in performance of duty. Section IV. Be it further enacted by the authority aforesaid that Section 21 of said Act (which Section 21 is published in Georgia Laws 1945, pp. 673 to 675, inclusive) is stricken and in lieu thereof a new section to be known as Section 21 is enacted to read as follows: Sec. 21, act of 1945, stricken. Section 21. No benefit provided by this section for the widow or the minor child of an officer, deputy or employee of Fulton County shall accrue to any person unless the person upon whose service the pension depends shall from year to year comply with the provisions of said Act and all amendments thereto relating to the election to obtain benefits provided by this section and also the provisions of said Act and all amendments thereto relating to additional contributions for the purpose of obtaining benefits for widows and minor children. New section. Benefits for widows and minor children. Officers, deputies and employees of Fulton County who made prior to the approval of this amendment, or hereafter make an election to obtain benefits for their widow or minor children shall, beginning with the first month following the approval of the amendment pursuant to which such election was made, contribute and pay into said pension fund an additional one (1%) per cent of their respective salary or wages over and above the three (3%) per cent required by Section 5 of said Act as amended, except that the maximum contribution for all

Page 638

benefits provided by this Section 21 shall be the sum of $2.00 per month. Officers, deputies and employees making a new election under new sections added to said pension law by any amendment thereto shall from month to month after making such election pay into said pension fund the same amount required from time to time to be paid by employees who made an election for the same benefits in former years. Contributions. The term `qualified widow' as used in this section refers to and includes only a surviving widow who has been the wife of the deceased officer, deputy or employee for a period of five (5) years prior to his retirement, or for a period of five (5) years prior to the time when such officer, deputy or employee was entitled to retire, or a period of five (5) years prior to the death of such pensioner, and who remains unmarried. The date of marriage to a deceased officer, deputy or employee shall not be material in any case where a pension is provided by Section 11 of said original Act or the amendments thereto for the widow or dependent minor children of an employee killed in the performance of duty. Qualified widow. As to officers, deputies or employees making the additional contribution of one (1%) per cent provided by this section or by new sections relating to additional benefits for widows and minor children added by this amendment for the period of time herein or therein required, the following additional rights and benefits shall accrue to their surviving widows or children who are qualified as herein defined: Additional benefits for widows and minor children. (a) Upon the death of a pensioner, any pension provided by Section 4 of said Act as amended shall be continued to his qualified widow, if any, during the term of her natural life or widowhood, and after her death or remarriage to such pensioner's qualified minor children, except that the amount of such pension paid to such widow or minor children shall be a sum equivalent to seventy-five (75%) per cent of the amount of the pension so provided by section 4 of said Act as amended for such pensioner during lifetime. (b) In case such officer, deputy or employee making such additional contributions shall die while in

Page 639

the active service of the County after having not less than ten (10) years of active service to his credit on the payroll of said County, including counties merged with Fulton County (of which three (3) years or more must have been immediately preceding the date of death), his `qualified widow' or `qualified minor children' as herein defined shall be entitled to receive as a pension a sum equivalent to seventy-five (75%) per cent of the amount of pension that such officer, deputy or employee would have been entitled to receive had such officer, deputy or employee not died, but had become as of the date of his death totally and permanently disabled by reason of injury, ill health, age or infirmity, and for that reason entitled to a pension as now provided by the portion of Section 4 of said Act as amended relating to `partial pension for disability from other cause after ten (10) years of service.' In other words, the amount paid to such `qualified widow' or `qualified minor children' shall be 3/4 of the amount that such officer, deputy or employee would have received had such officer, deputy or employee not died, but on the other hand his health had become totally and permanently impaired by reason of injury, ill health, age or infirmity, and for that reason entitled to a pension under Section 4 of said Act as amended. As an illustration, if an officer, deputy or employee whose average monthly salary or wage was $187.50 per month should die after ten (10) years and nine (9) months of service without ever having applied for or received a pension, his `qualified widow' and after her death or remarriage his `qualified minor children' under the age of eighteen (18) years, if any, would receive as a pension a sum equivalent to 3/4 of 10/25ths of $93.75, or the sum of $28.12 per month, and if the period of service had been eighteen (18) years, instead of ten (10) years and nine (9) months, the same beneficiary would receive as a pension a sum equivalent to 3/4 of 18/25ths of $93.75 or the sum of $50.62 per month. Such pension, if paid to a qualified widow, shall be paid to her only for and during the term of her natural life or widowhood, and thereafter continued to the qualified minor children of such deceased officer, deputy or

Page 640

employee, as the term `qualified minor children' is defined by this amendment. Section V. Be it further enacted by the authority aforesaid that a new section to be known as Section 32 be added to the above entitled Act as amended reading as follows: New sec. 32. Section 32. If an officer, deputy or employee having elected to make the contributions for additional benefits provided by Section 21 of said Act as amended should cease to have a beneficiary qualified to receive a pension in the event of his or her death, either because of the death of all beneficiaries named in this law, or the marriage or attainment of the age of eighteen (18) years by the youngest minor child, or on account of the grant of a divorce between such member and his wife, then such officer, deputy or employee may at his or her option cease to make further contributions for additional benefits provided by Section 21 for a surviving widow or minor children. In such event, contributions theretofore made for benefits for a widow or minor children shall not be refunded except in the event of death, resignation or dismissal from the service as now provided by the third paragraph of Section 5 of said Act as last amended, which is published in the 1945 Georgia Laws, page 669. Cessation of contributions for additional benefits at option of contributor. An election to make additional contributions provided by Section 21 of said Act as amended for the purpose of obtaining benefits for widows and minor children may be made by an officer, deputy or employee within sixty (60) days after his marriage or remarriage, or within sixty (60) days after the birth of a child; provided, however, that the person making such election shall within the time required by this paragraph equalize himself or herself with other officers, deputies, and employees by paying into the pension fund, in addition to current contributions, the percentage of his former salary or earnings necessary to equalize his total contribution to the pension fund with the contributions of other officers, deputies and employees paid by them for the same benefits during prior years of employment of the person making such election, together with an additional

Page 641

sum equivalent to three (3%) per cent per annum interest thereon to date of payment. For example, an officer, deputy or employee in the service of the County on or prior to April 30, 1943 shall make such additional contribution on his salary for all periods of service back to the month of April 1943 because employees in service at that time electing the same benefits were required to make contributions on their salaries beginning with the month of April 1943, while an officer, deputy or employee whose term of service on the County payroll commenced with the month of June 1945 would be required to make such contribution on his earnings only back to the month of June 1945 when his employment commenced. Election to make contributions for additional benefits. Notice of such election must be given in writing within the time hereby required to the Treasurer of said pension fund and the additional contributions so required shall be paid to the Treasurer in cash or within a period of twelve months from date of such notice. The full amount of the contribution so required for prior years of service shall be made to the pension fund before such person's widow or minor children are eligible for benefits hereunder; provided, however, that if such officer, deputy or employee or his beneficiary should become eligible to receive a pension during said twelve-month period and before the required contribution has been fully made, such pension may be granted and any unpaid balance of such additional contribution for prior years of service deducted therefrom. Procedure. Section VI. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that a new section to be known as Section 33 be added to said Act as heretofore amended which shall read as follows: New sec. 33. Section 33. Effective with the ratification of a constitutional amendment authorizing same, the benefits, privileges and obligations of this Act as amended shall apply and be available to all of the following classes of employees, to wit: Effective on ratification of constitutional amendment. (a) All State and County officers, deputies and employees whose salaries or wages are paid in whole

Page 642

or in part by the Treasurer of Fulton County or out of funds of Fulton County; Employees eligible. (b) All State officers, deputies and employees and Court employees whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds of Fulton County; (c) All officers, deputies and employees of the County Welfare Department of Fulton County; and (d) The Executive Secretary or Treasurer of any pension board established by law in which county employees, or county school employees or policemen and firemen in Fulton County may participate; and (e) All officers elected by the people whose salaries are paid in whole or in part by the Treasurer of Fulton County or out of funds of Fulton County and who at the time of ratification of such constitutional amendment are not eligible to participate in any other pension system established or maintained in whole or in part by public funds, except that the County Superintendent of Schools shall not be permitted to participate in the pension system established by this law. With respect to all of the classes of officers, deputies and employees named in sub-paragraphs (a) to (e), inclusive, of this section whose term of office or employment commenced prior to the approval of such constitutional amendment by the people of Georgia, participation by them in the pension system established by said Act as amended shall be optional, that is, any such officer, deputy or employee may, within a period of sixty (60) days from the ratification of such constitutional amendment, give written notice to the Clerk of the Board of Commissioners of Roads and Revenues of Fulton County of election to obtain the benefits provided by said Act as amended and within the same period of time pay to the Treasurer of Fulton County for credit to the pension fund such sum of money as will equalize such officer's deputy's or employee's contribution with the contributions of other officers, deputies and employees theretofore participating in said pension fund and similarly situated with respect to salary, benefits and length of service, together with an additional sum equivalent to three (3%)

Page 643

per cent per annum thereon as interest to date of payment. If such officer, deputy or employee elects to obtain the benefits for widow or minor children under Section 21 of said Act as amended, then the amount of the payment so required under this section shall include the additional one (1%) per cent for benefits to widows and minor children that other officers, deputies and employees employed by Fulton County were required to pay based on the same salary, benefits and length of service. Participation optional with persons employed prior to approval of constitutional amendment. If such electing officer, deputy or employee so chooses, the contribution required by this section may be paid in equal monthly installments over a period not exceeding twenty-four (24) months from the date of such election; provided, that such prior years of service shall not be included in determining the amount of pension to which such electing officer, deputy or employee, or his or her beneficiary, shall be entitled unless and until such officer, deputy or employee has first paid into such pension fund all amounts required by this section as amended, and provided further that if a right to a pension should accrue to such officer, deputy or employee or his or her qualified beneficiary herein named, after such election is made but before paying in full the amount of the contribution required by this section, such pension may be allowed and the amount of such unpaid contribution, including interest, deducted therefrom. Method of payment of contributions. If such election is made and the contribution to the pension fund made within the time required by an officer, deputy or employee provided for by this section, such officer, deputy or employee shall be entitled to credit on his or her pension status for all years of service as a county employee of such county, and all years of public service of the classes named in sub-paragraphs (a) to (e) of this section for which the compensation was paid in whole or in part by the Treasurer of Fulton County or out of funds of Fulton County and for all years of service as an officer, deputy or employee of the County Welfare Department of Fulton County and, in the case of the Executive Secretary or Treasurer of any pension board named in sub-paragraph (d) above, for all years of service as Executive Secretary or Treasurer of any or all of such

Page 644

pension boards. For the purpose of construing this section of the above entitled Act, the words, `officer, deputy or employee' shall be held to include either the Executive Secretary or Treasurer of any of the pension boards named in Sub-paragraph (d) of this Section. Construction. Section VII. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that a new section to be known as Section 34 be added to said Act as heretofore amended, which shall read as follows: New sec. 34. Section 34. Effective with the date of approval of this amendment, participation in the provisions of Section 21 of said Act which relates to benefits for widows and minor children shall be compulsory as to all officers, deputies and employees thereafter employed or whose terms of office thereafter commence and who are eligible to participate in the benefits provided by Section 21 because of having a wife or minor child unmarried and under eighteen (18) years of age who might survive such officer, deputy or employee as a beneficiary. This compulsory participation shall apply to female officers, deputies and employees having a `qualified minor child' as defined by this law. Each such new officer, deputy or employee shall within the probationary period provided by Section 23 of said Act, furnish to the Treasurer a written statement giving the name, age and address of his wife and the name, age and address of each unmarried minor child under eighteen (18) years of age, which information it shall be the duty of the Treasurer to secure during said ninety-day period from the best information obtainable. Thereafter, beginning with the fourth month of service of such new officer, deputy or employee, the Treasurer shall automatically deduct from his or her salary or wages all contributions to the pension fund required by this Act, including benefits for widows or minor children provided by Section 21 of said Act as amended. Participation compulsory as to future employees. Section VIII. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that a new section to be known as Section 35 be

Page 645

added to said Act as heretofore amended which shall read as follows: New sec. 35. Section 35. In the event of ratification by the people of Georgia of a constitutional amendment authorizing participation in the pension system created by said Act by any one or more of the five (5) classes of persons named in sub-paragraphs (a) to (e) of Section 33 which is added by this amendment, that is, either by State and County, or by State, officers, deputies and employees whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds of Fulton County; or by officers, deputies and employees of the County Welfare Department of Fulton County; or by the Executive Secretary or Treasurer of any pension board established by law in which county employees or county school employees or policemen and firemen in Fulton County may participate; or by officers elected by the people whose salaries are paid in whole or in part by the Treasurer of Fulton County or out of funds of Fulton County (except the County Superintendent of Schools) who at the time of ratification of such constitutional amendment are not eligible to participate in any other pension system established or maintained in whole or in part by public funds; in either such event, effective with the date of such ratification, participation in all of the obligations and benefits of said Act, including the obligation to make any contribution required by Section 5 of said Act as amended and the obligation to make additional contributions for widows and minor children required by Section 21 of said Act as amended, shall be compulsory as to all such persons thereafter employed or whose terms of office thereafter commence who are within any of the new classes (a) to (e), inclusive, so authorized by amendment to the Constitution to participate in the benefits of said Act. If such new constitutional amendment is hereafter ratified, each such new officer, deputy or employee thereafter employed or whose term of service thereafter commences, shall within the probationary period of ninety (90) days provided by Section 23 of said Act furnish to the Treasurer a statement in writing of the name, age and address of his wife

Page 646

and of the name, age and address of each unmarried child under eighteen (18) years of age, which information it shall be the duty of the Treasurer to secure during said ninety-day period from the beat information obtainable. This compulsory participation shall apply to female officers, deputies and employees having a `qualified minor child' as defined by this law. Thereafter, beginning with the fourth month of service of such new officer, deputy or employee, the Treasurer shall automatically deduct from his or her salary or wages all contributions to the pension fund required by this Act including (in the case of those persons having expectant beneficiaries) contributions for the benefits for widows and minor children provided by Section 21. The privileges and obligations of such new officers, deputies or employees so compelled to participate in the pension system shall be the same as now or hereafter provided by law for other officers, deputies or employees who were eligible to participate before the Constitution of Georgia was so amended. Upon ratification of constitutional amendment, participation compulsory as to future employees of specified classes. Information to be furnished Treasurer. Section IX. Be it further enacted by the authority of the aforesaid, and it is hereby enacted by authority of the same, that a new section to be known as Section 36 be added to said Act as heretofore amended, which shall read as follows: New sec. 36. Section 36. Any present officer, deputy or employee of Fulton County who was entitled prior to the adoption of this amendment to elect, but did not elect to obtain any benefits under said Act or any amendment thereto, may within a period of sixty (60) days from the approval of this amendment elect to obtain benefits under said Act, including the benefits for widows and minor children provided by Section 21 of said Act. Said election shall be made within a period of sixty (60) days from the approval of this amendment by giving written notice thereof to the Clerk of the Board of Commissioners of Roads and Revenues of Fulton County and by paying to the Treasurer of Fulton County, for credit to the pension fund, either in cash within said sixty-day period or by equal monthly installments over a period not exceeding twenty-four (24) months from the date of such election and commencing within said sixty-day

Page 647

period, such percentage of such person's former salary or earnings as an employee of Fulton County as is necessary to equalize the total contributions of such person to the pension fund with the contributions currently made for the same benefits during prior years by other officers, deputies and employees similarly situated with respect to salary, benefits and length of service, together with an additional sum equivalent to three (3%) per cent per annum interest thereon to date of payment. Except as provided by this amendment, the rights, duties and liabilities of a person making an election pursuant to this section, or by his or her beneficiary, shall be the same as now provided by Section 28 of said Act for persons making a prior election within sixty (60) days after the approval of the 1945 amendment to said Act (which Section 28 is published in Georgia Laws 1945, pp. 675, 676 and 677). Every person making an election to obtain benefits for his widow or minor children shall make the contribution required by Section 21 of said Act as amended for all prior years of his or her employment by Fulton County that other officers, deputies and employees enjoying the same benefits made additional contributions therefor. Election to participate by employee eligible, but not formerly participating. Section X. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that a new section to be known as Section 37 be added to said Act as heretofore amended, which shall read as follows: New sec. 37. Section 37. All officers, deputies and employees of Fulton County and all officers, deputies and employees participating in the pension fund established by said Act as amended shall be retired effective at the end of the calendar year in which they respectively attain the age of seventy (70) years, and any officer, deputy or employee of Fulton County may be retired by majority vote of the Board of Commissioners of Roads and Revenues of Fulton County upon attainment by such person of the age of sixty-five (65) years or at any time thereafter, except that any officer, deputy or employee serving a term of office to which such person was theretofore elected or appointed extending beyond the time when

Page 648

retirement becomes mandatory hereunder shall be permitted to serve the balance of such term before being retired, but no longer. Every officer, deputy and employee of Fulton County so retired on account of age and not otherwise entitled to a pension under said Act as amended, shall receive a pension in an amount proportionate to the total number of whole years of service by such person as an officer, deputy or employee of such county (including counties merged with Fulton as now provided by said Act.) The amount of such pension shall be the sum of Four and 00/100ths ($4.00) Dollars per month for each full year of service so rendered by the retiring officer, deputy or employee on the payroll of such county before being compelled to retire by reason of age as provided by this section. Said pension shall be paid to an officer, deputy or employee compelled to retire on account of age for and during the term of his or her natural life. In case such officer, deputy or employee had not made prior to retirement the additional contributions provided by Section 21 of said Act, such pension shall cease on the date of such retirant's death and no further pension shall be payable under this section of said Act as amended. However, if such officer, deputy or employee had prior to retirement made the election and all contributions to the pension fund provided by Section 21 of said Act as amended, then and in that event the pension provided by this section shall after such retirant's death be continued to his `qualified widow', if any, during the term of her natural life or widowhood, and after her death or remarriage, to such pensioner's `qualified minor children', except that the amount of such pension paid to a widow or minor children shall be a sum equivalent to seventy-five (75%) per cent of the amount of the pension provided by this section for such pensioner during lifetime. No additional pension rights shall accrue to an officer, deputy or employee, or his beneficiary, and no pension payable either to an officer, deputy or employee or his beneficiary shall ever be increased by reason of additional years or months of service rendered after the date provided by this section for compulsory retirement. Retirement ages. Pension for employees retired on account of age. Amount. Other conditions. Section XI. Be it further enacted by the authority

Page 649

aforesaid, and it is hereby enacted by authority of the same, that a new section to be known as Section 38 be added to said Act as heretofore amended, which shall read as follows: New Sec. 38. Section 38. The Executive Secretary authorized to be employed by Section 10 of the amendment to the above entitled Act approved February 16, 1945 (Georgia Laws 1945, page 681) may be employed jointly by the Pension Board created for the administration of said Act and the School Pension Board of Fulton County and the Police and Firemen's Pension Board of Fulton County. Upon ratification of a constitutional amendment authorizing such Executive Secretary to participate in the pension system created by the Act described in caption, such Executive Secretary shall be permitted to participate in the pension fund established by said Act as amended upon the terms and conditions provided by Section 33 which is added to said Act by this amendment, except that the amount of salary of the Executive Secretary to be used as a basis for contributions to the pension fund by the Executive Secretary or for measuring the amount of pensions payable under this law to the Executive Secretary or to his or her dependents shall be the combined salaries paid to the Executive Secretary by all of said Pension Boards contributing to the payment of the Executive Secretary's salary, and with the further exception that the contribution to be made by the Executive Secretary to the pension fund shall be measured by and based upon the total salary so paid to the Executive Secretary for all years of employment as Secretary or in any capacity by any or all of the Pension Boards participating in the Executive Secretary's employment. Pension, Executive Secretary. Section XII. Be it further enacted by the authority aforesaid that a representative of the public who is a citizen and taxpayer of Fulton County and not a public employee or a holder of any public office shall become a member of the Pension Board for Fulton County in lieu of the County Treasurer who is now a member of said Board. Such representative shall qualify by taking the oath now prescribed by law for other members. Upon

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qualification of such person, the County Treasurer shall no longer be a member of said Board although the County Treasurer shall continue to serve as ex officio Treasurer of such Board as now provided by law. The term of the first public representative shall commence upon qualification and end December 31, 1948. Thereafter such representative shall be chosen for a two-year term commencing January 1, 1949 and biennially thereafter, each public representative to hold office until a successor is elected and qualified. The first public representative shall be chosen by majority vote of the two county employees who are chosen by county employees and the two County Commissioners holding membership on said Board within a period of sixty (60) days following approval of this amendment and the successors in office of the first public representative shall be chosen in like manner prior to the time for commencement of a new term or (in case of vacancy) within sixty (60) days after the time when a vacancy in the position of public representative occurs. If at any time said other four members of the Pension Board for Fulton County should fail to choose a public representative within the time required by this amendment, then the Grand Jury of Fulton County shall select a person with the same qualifications to hold membership in said Pension Board as the representative of the public and the qualified citizen so chosen by the Grand Jury shall upon qualification become a member of said Pension Board. Pension Board for Fulton County. County Treasurer ex officio Treasurer of Pension Board, but not member. Public representative, member of Board; his election, etc. Section XIII. Be it further enacted by the authority aforesaid, and it is hereby enacted that if any section or provision added by this amendment is unconstitutional at the time of the approval of this amendment, same shall become valid and take effect upon the ratification of a constitutional amendment or the approval of other legislation authorizing the pensions, obligations or benefits provided thereby. Subsequent validity. Section XIV. Be it further enacted by the authority aforesaid, and it is hereby enacted, that if any part, parts or section of this amendment should for any reason be declared unconstitutional by any court, such decision shall not affect the validity of any remaining portions of this act, which remaining portions the General Assembly intends

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shall remain in force as if such Act had been passed with the unconstitutional portion or portions thereof eliminated. If part unconstitutional. Section XV. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section XVI. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this bill was published in the manner required by Article 3, Section 7, Paragraph 15 of the Constitution of Georgia, 1945. A copy of said notice is attached hereto and made a part hereof. Publication of notice. Approved March 25, 1947. UNEMPLOYMENT COMPENSATION LAWAMENDMENTS. Code Ann., Ch. 54-6. No. 145 (Senate Bill No. 74). An Act To amend an Act approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq. to provide for the establishment of the Bureau of Unemployment Compensation in the State Department of Labor, and known as the Unemployment Compensation Law, as subsequently amended, by reducing the minimum rate of contributions payable by each employer, by clarifying the definitions therein, by providing for representation in the courts, by changing the punishment for violations thereof, by clarifying administration procedures and authority, by reducing liability with respect to wages over $3,000.00 per year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and is hereby enacted by authority of the same, that: Section I. The Act of the General Assembly of Georgia, approved March 29, 1937, Georgia Laws 1937, pp. 806 et seq., entitled an Act to provide for the establishment of the

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Bureau of Unemployment Compensation in the State Department of Labor and known as the Unemployment Compensation Law, as subsequently amended by an Act approved January 25, 1938, Georgia Laws 1937-8, extra session, pp. 356 et seq.; as further amended by an Act approved March 21, 1941, Georgia Laws 1941, pp. 532 et seq.; as further amended by Acts (3) approved March 20, 1943, Georgia Laws 1943, pp. 610, 612, 613 et seq.; and as further amended by Acts (2) approved March 8, 1945, Georgia Laws 1945, pp. 259 et seq.; and pp. 331 et seq.; be, and the same is, hereby amended in the following respects, namely: Acts of 1945 and prior acts amended. Section II. By striking from Section 7 (c) (6) (i) of said Act, as amended, all of subsections (A), (B), (C), (D), (E), and (F), and inserting, in lieu of said subsections, the following table or rate variations, effective July 1, 1947, namely: Sec. 7 (c)(6) (i), parts stricken. New subsections. Table or rate variations. (A) 2.50 per centum if such excess equals or exceeds 3 but is less than 4 per centum of his average annual pay roll; (B) 2.25 per centum if such excess equals or exceeds 4 but is less than 5 per centum of his average annual pay roll; (C) 2.00 per centum if such excess equals or exceeds 5 but is less than 6 per centum of his average annual pay roll; (D) 1.75 per centum if such excess equals or exceeds 6 but is less than 7 per centum of his average annual pay roll; (E) 1.50 per centum if such excess equals or exceeds 7 but is less than 8 per centum of his average annual pay roll; (F) 1.25 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual pay roll; (G) 1.00 per centum if such excess equals or exceeds 9 but is less than 10 per centum of his average annual pay roll;

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(H) 0.75 per centum if such excess equals or exceeds 10 but is less than 11 per centum of his average annual pay roll; (I) 0.50 per centum if such excess equals or exceeds 11 per centum of his average annual pay roll; provided, however, that the above table of rate variations shall be made applicable by the Commissioner for the last two calendar quarters of 1947 by applying said rate variations to the computations used by the Commissioner in determining rates for each employer for the calendar year 1947. Section III. By striking from said Act, as amended, Section 17(b), Acts of 1937, p. 840, Ga. Ann. Code 54-655, which provides for representation in the courts by the Attorney General or an Assistant Attorney General. Act of 1937 (Code Ann., 54-655), amended. Court representation. Section IV. By striking any part or parts of said Act, as amended, which provide penalties for violation of the terms of said Act, as amended, and inserting, in lieu of any and all such provisions, punishment for any and all such violations as for a misdemeanor. Penalties changed to misdemeanor. Section V. By striking from Section 5, subsection (b), as amended, the word misconduct wherever found and inserting, in lieu thereof, the words failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed. Amended sec. 5(b), amended. Section VI. (a) By striking from Section 12(a), as amended, the words: The said Division shall be administered by a full-time salaried Director, who shall be charged with the duty to cooperate with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion and maintenance of a system of public employment offices, and inserting, in lieu thereof, the words: The Commissioner of Labor is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as

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amended, in the promotion and maintenance of a system of public employment offices. Amended sec. 12(a), amended. Co-operation with United States. Duties, Commissioner of Labor. (b) By striking from said Section 12(a) the words: The Georgia State Employment Service Division is hereby designated and constituted the agency of this State for the purposes of said Act. The Commissioner is directed to appoint the Director, other officers, and employees of the Georgia Employment Service. Such appointments shall be made in accordance with regulations prescribed by the Director of the United States Employment Service, and shall be confined to bona fide residents of the State of Georgia, and inserting, in lieu thereof, the words: The Department of Labor is hereby designated and constituted the Agency of this State for the puposes of said Act. Further amendments of section. Department of Labor made State agency for Act. (c) By striking from said Section 12(a) the words: with respect to the establishment, maintenance, and use of free employment service facilities, and inserting, in lieu thereof, the words: and other Federal or State Agencies with respect to the establishment, maintenance, and use of free employment service facilities, so that said Section 12, when so amended, shall read as follows, namely: Amended section. (a) State Employment Service.The Georgia State Employment Service is hereby established in the Department of Labor as a Division of the Employment Security Agency. The Commissioner, through such Division, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this Act and for the purposes of performing such duties as are within the purview of the Act of Congress entitled An Act to provide for the establishment of a National Employment System and for cooperation with the States in the promotion of such system, and for other purposes, approved June 6, 1933 (48 Stat. 113; U. S. C., title 29, Sec. 49 (c)), as amended. The Commissioner of Labor is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion

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and maintenance of a system of public employment offices. The provisions of the said Act of Congress, as amended, are hereby accepted by this State, is conformity with Section 4 of said Act, and this State will observe and comply with the requirements thereof. The Department of Labor is hereby designated and constituted the Agency of this State for the purposes of said Act. State Employment Service. Commissioner of Labor. Co-operation with United States. Department of Labor. The Commissioner may cooperate with or enter into agreements with the Railroad Retirement Board and other Federal or State Agencies with respect to the establishment, maintenance, and use of free employment service facilities. Agreements as to free employment service. Section VII. By adding to said Act, as amended, at the end of Section 7(c), a new subsection to be known as Section 7(c) (11), as follows, namely: New sec. 7(c) (11). (11) Notwithstanding any other provisions of this Act, as amended, when, in the future, the rates fixed for unemployment taxes levied under Federal laws are reduced to a point lower than three per cent., the maximum contribution rates on pay rolls for employment thereafter levied under this Act, as amended, shall be reduced to a point no greater than the rate for which off-set credit will be granted under the Federal law. Unemployment-tax rates. Reduction. Section VIII. By striking Section 19(n) (1) and inserting in lieu thereof the following, so that said Section 19(n) (1), when so amended, will read as follows, namely: New sec. 19(n) (1). (n) Wages means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash, shall be estimated and determined in accordance with the rules prescribed by the Commissioner, provided, that the term wages shall not include, after December 31, 1940: Wages defined. (1) For the purposes of Section 3(b), Section 4(e), Section 7, and Section 19 of this Act, that part of the remuneration which, after remuneration equal to $3,000.00 has been paid to an individual by an employer with respect to employment during any calendar year, is paid after December 31, 1939, and prior to January 1, 1947,

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to such individual by such employer with respect to employment during such calendar year; or that part of the remuneration which, after remuneration equal to $3,000.00 with respect to employment within this State or any other State after 1938 has been paid to an individual by an employer during any calendar year after 1946, is paid to such individual by such employer during such calendar year; provided, that the Commissioner shall be authorized by proper regulations to apportion and allocate equitably the wage credits throughout the calendar quarters in which such services were rendered; and Not to include what and when. Section IX. Amend by adding to the end of Section 7(c)(7), as amended, the following proviso, namely: Addition to sec. 7(c)(7). provided, that if and when the Federal Social Security Law or any other Federal Unemployment Compensation Law should in the future be so amended as to: Proviso as to Federal law amendment. (1) Reduce the basic period of time experience for reduced rating or (2) give to war veterans the benefit of time in the service in computing said base period or (3) allow war veterans concessions in computing base period experience by adding that served in one employing entity to that served in another employing entity, whether successor or not, then the Commissioner of Labor is hereby authorized to give effect to any or all such amendments for the benefit of Georgia employers by Executive Order. Effect on Georgia employers. Section X. This bill shall be effective on approval by the Governor. Date effective. Section XI. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947.

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TENANTS HOLDING OVERJUDGMENT FOR FUTURE DOUBLE RENT. Code 61-305 amended. No. 146 (Senate Bill No. 3). An Act To amend Section 61-305 of the Code of Georgia of 1933 providing for a judgment for double rent and when a writ of possession shall issue, by providing that if, on the trial of an issue formed by a proceeding against a tenant holding over and a counter affidavit thereto, such issue is determined against the tenant, judgment shall go against him for double the rent reserved or stipulated to be paid or, if he be a tenant at will or sufferance, for double what the rent of the premises is shown to be worth, such judgment shall also provide for the payment of future double rent until the tenant surrenders possession of the lands or tenements to the landlord after an appeal or otherwise; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section I. That Section 61-305 of the Code of Georgia, which provides for a judgment for double rent and when a writ of possession shall issue, be and the same is hereby amended by adding between the word worth in the fifth line of said Section and the semi-colon preceding the word and in the fifth line of said Section, the words: and such judgment in any case shall also provide for the payment of future double rent until the tenant surrenders possession of the lands or tenements to the landlord after an appeal or otherwise, so that said Section, as so amended, shall read as follows: 61-305 amended. 61-305. Double rent and writ of possession, when.If the issue specified in the preceding section shall be determined against the tenant, judgment shall go against him for double the rent reserved or stipulated to be paid, or if he shall be a tenant at will or sufferance, for double what the rent of the premises is shown to be worth, and such judgment in any case shall also provide for the payment of future double rent until the

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tenant surrenders possession of the lands or tenements to the landlord after an appeal or otherwise; and the movant or plaintiff shall have a writ of possession, and shall be by the sheriff, deputy, or constable placed in full possession of the premises. To read. Judgment against tenant. Future double rent till he surrenders possession. Section II. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. MACONSALE OF LAND TO WILLIAM A. SNOW. No. 147 (Senate Bill No. 98). An Act, To amend An Act approved August 3, 1927, entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, with certain changes in said acts; to consolidate into one act with such changes as may have become necessary or proper all Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes, said Act described appearing on pages 1283-1357 of the published Acts of the General Assembly of Georgia, 1927, and to ratify and confirm the ordinance of the Mayor and Council of the City of Macon abandoning and closing that portion of the alley running from Cherry Street to Park Lane lying between lots six (6) and seven (7) in block sixty-three (63) of the City of Macon, and ratifying and confirming the sale of the strip of land embracing said abandoned alley by the City of Macon to William A. Snow; and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of The City of Macon as shown by the minutes of its regular meeting on the 24th day of December, 1946, vacating, closing and abandoning the alley running from Cherry Street to Park Lane between Lots Six (6) and Seven (7) in Block Sixty-Three

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(63) of the City of Macon, be and the same is hereby ratified and confirmed. Abandonment of alley ratified. Section II. Be it further enacted by the General Assembly of Georgia that the sale of the strip of land fronting ten (10) feet on Cherry Street and extending back in an even width two hundred ten (210) feet to Park Lane in the rear, and lying between Lots Six (6) and Seven (7) in Block Sixty-Three (63) of the City of Macon, being the strip of land embracing the aforesaid alley, by the City of Macon to William A. Snow by deed executed on the 21st day of January, 1947, be and the same is hereby ratified and confirmed. Sale of certain land to William A. Snow ratified. Section III. Be it further enacted by the General Assembly of Georgia that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947. HART COUNTYBOARD OF FINANCE, COMMISSIONER, TREASURERAMENDMENT. No. 148 (Senate Bill No. 105). An Act To amend an Act creating a Commissioner and a Board of Finance for Hart County approved January 31, 1946, said Board of Finance to consist of three (3) members in and for Hart County and one (1) Commissioner of Roads; to prescribe the manner of election of such Commissioner and members of said Board of Finance, to define their duties and powers, provide for the salary of each, fix their term of office; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that Section 6 of said Act is hereby amended by striking the words one day each month and inserting the words three days each month, so that said Section, when amended, shall read as follows: Sec. 6, act of 1946, amended. 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 the election and on

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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 three days each month. All of said meetings to be held in said Commissioner's office in the courthouse in Hartwell, Georgia. Meetings of Board of Finance. By further amending Section 10 of said Act approved January 31, 1946 by striking the words to be fixed by the Grand Jury of said County in lines 11 and 12 of Section 10 of said Act and inserting the words to be fixed by the Board of Finance of said county, so that said Section 10 of said Act shall read as follows: Sec. 10 amended. 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 whose duty shall be to keep a record of the minutes of said meeting of said Board and act as bookkeeper for said Board and said Commissioner and do such other clerical work as is necessary to carry on the work of said office. Said clerk shall receive a salary not to exceed dollars per month, the same to be fixed by the Board of Finance of said county and said salary to be paid out of county funds each month. Said clerk shall give bond and good security in the sum of One thousand ($1,000.00) dollars payable to said Board of Finance for the faithful performance of his or her duties. Records. Clerk, duties. Salary. Bond. Section 11 of said Act is hereby amended by striking the words not to exceed ten dollars ($10.00) in any one month in lines 4 and 5 of said Section 11 and inserting the words and figures not to exceed Thirty dollars ($30.00) in any one month, so that said Section, when amended, shall read as follows: Sec. 11 amended. Section 11. Be it further enacted by the authority aforesaid that each of the members of said Board shall

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receive as compensation for their services Ten dollars ($10.00) per diem, not to exceed Thirty dollars ($30.00) 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 ($500.00). Board. Compensation. Bond. Said Section is amended by striking from line 10 the words Ten thousand dollars ($10,000.00) and inserting the words Five Thousand dollars ($5,000.00) 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. Amount. Oath. Said Act shall be amended by adding a new paragraph to be known as Section 12 of said Act and shall read as follows: New sec. 12. Be it further enacted by the authority aforesaid that the Road Commissioner of said county shall have authority to purchase material and equipment for the county in the sum not to exceed Three hundred dollars ($300.00) in any one month. Road Commissioner's authority. Be it further enacted that said Act shall be amended by adding another paragraph to be known as Section 13 of said Act and to read as follows: New sec. 13. The office of Treasurer of Hart County is hereby abolished and all duties heretofore performed by the Treasurer of Hart County and/or by the Board of County Commissioners are hereby transferred to said Board of Finance and they shall have authority to appoint tax equalizers for Hart County. County Treasurer abolished. Duties transferred. Said Section 12 of the Act approved January 31, 1946 is hereby amended and renumbered and is to be known as Section 14 of said Act and Section 13 of the Act approved January 31, 1946 is hereby amended to be renumbered and known as Section 15 of said Act and to read as follows: Old sec. 12 (renumbered sec. 14) amended. 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. To read. Approved March 25, 1947.

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BARNESVILLE PUBLIC SCHOOL SYSTEMTAXREFERENDUMAMENDMENT. No. 149 (Senate Bill No. 104). An Act approved August 22, 1907, Georgia Laws 1907, pp. 421-427, entitled An Act to authorize the City of Barnesville, in the State of Georgia, to establish and maintain a system of public schools by local taxation; etc., as amended by an Act approved August 2, 1923, Georgia Laws 1923, pp. 495-497, by striking said 1907 Act Section 9 as amended by the 1923 Act in its entirety and by inserting in lieu thereof a new Section to be numbered as Section 9 and providing therein that it shall be the duty of the mayor and council of the City of Barnesville to maintain the public school system and to provide revenue for that purpose, providing for an estimate of funds necessary for support and maintenance of said school system; and providing that the school tax of not to exceed ten mills shall be in addition and above the amount which the charter authorizes the city officials to levy for city purposes and providing that when tax is collected same shall be paid to the City Board of Education to be used for school purposes only; and to provide a referendum on 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 I. That an Act approved August 22, 1907, Georgia Laws 1907, pp. 421-427, entitled An Act to authorize the City of Barnesville, in the State of Georgia, to establish and maintain a system of public schools by local taxation; etc., as amended by an Act approved August 2, 1923, Georgia Laws 1923, pp. 495-497, be, and said Act of 1907 as amended by the Act of 1923 is hereby amended by striking from the 1907 Act all of Section 9 as amended by the 1923 Act, in its entirety and by rewriting same and substituting in lieu thereof a new Section 9 which Section 9 as hereby enacted shall read as follows: Acts of 1907 and 1923 amended. Sec. 9 stricken. Section 9. Be it further enacted, that said city and its mayor and council shall maintain said system of public schools and provide funds and revenues for that

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purpose, in addition to those derived from the State, county and other sources, in the following manner, to wit: At or before the beginning of each year said City Board of Education shall furnish to said mayor and council a written estimate of the funds necessary for the support and maintenance of said school system for the ensuing year, including expenses to be incurred for erecting buildings, and providing suitable equipment, furnishings, repairs, etc., whereupon said mayor and council are hereby authorized and empowered, and it shall be their duty to raise the necessary funds required by said estimate, for the support and maintenance of said schools, by the assessment and levy of a special annual ad valorem tax upon all the taxable property of said city of not exceeding ten mills upon the assessed value thereof. The funds thus raised by said special tax as aforesaid shall be known as the school tax and shall be paid over quarterly by the mayor and council to said board of trustees to be used only for school purposes. The special school tax herein provided for shall be in addition to any and all other tax which the mayor and council of the City of Barnesville is authorized to levy for other legal city purposes, and the overall rate of tax which said mayor and council may levy for all purposes is hereby increased so as to include the ten mills which may be hereby levied and the regular millage which the city authorities may at the present levy for other purposes. New section. Mayor and Council to maintain public schools. Revenues therefor. Special school tax. Increased limit. Section II. Within twenty days after this Act is approved the mayor and council of the City of Barnesville are hereby directed and required to set a date for a special election or referendum on this Act. Said mayor and council shall give thirty days notice of the election by causing said notice to be published in the paper wherein legal advertisements for the City of Barnesville are published. At the election in the referendum all persons who are qualified to vote for mayor and council shall be qualified voters to vote either for or against this Act in said referendum. The mayor and council shall cause to be prepared ballots to be used in said election or referendum and the ballots shall have printed thereon For the Act permitting a tax levy of ten mills for school purposes and Against the Act permitting a tax levy of ten mills for school purposes.

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Should a majority of the qualified voters vote in favor of the Act increasing the tax levy for school purposes to ten mills then this Act shall become valid and of force and effect. Should a majority vote against this Act increasing the tax levy for school purposes to ten mills then said Act shall become null and void and of no force and effect. The mayor and council of the City of Barnesville shall consolidate the vote in said election or referendum and shall declare the result thereof and shall spread their order declaring the results upon the minutes of said City. Referendum. Section III. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 25, 1947. PROPOSED CONSTITUTIONAL AMENDMENTATLANTA REVENUE CERTIFICATESWATER WORKS, SANITATION. No. 150 (Senate Bill No. 70). An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize the City of Atlanta to issue revenue certificates for the purpose of making repairs and improvements in its Water Works System and Sanitary Department; to provide for the payment of certificates out of the revenues derived from water or sanitary service charges; to authorize the setting aside in special funds a sufficient sum to retire the revenue certificates; to provide the manner, form and method of issuing certificates; certificates to be issued by a majority vote of the Mayor and General Council and validated; to provide for the allocation of anticipated receipts; to provide that certificates shall not be a debt or liability upon the City of Atlanta and shall be payable from and chargeable only upon the revenue derived from Water or Sanitary services respectively; to provide for the submission of the amendment for ratification by the people; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section I. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, sec. 7, par. 1, to be amended. And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements in its Water Works System, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or crematories for the disposal of garbage, refuse and waste, by its Sanitary Department, and acquiring the necessary property therefor, either or both, may, from time to time issue interest bearing revenue certificates to be paid solely out of the revenues derived from Water or Sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as `Water Works Department Revenue Fund' and `Sanitary Department Revenue Fund', a sufficient sum, not to exceed twenty (20%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, conversion and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and conditions as the resolution authorizing

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the issuance of such certificates may provide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the Mayor and General Council, and signed by the Mayor and Comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and conclusive. Before issuing any such revenue certificates the Mayor and General Council shall provide by resolution for the allocation of a percentage of the anticipated receipts necessary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the restriction as to debt limit of this paragraph. Exception as to Atlanta. Revenue certificates. Water Works and Sanitary Department, repairs and improvements. Section II. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with Ayes and Nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution,

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authorizing the City of Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percentage of revenues derived from water or sanitary charges respectively, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Atlanta to issue revenue certificates from time to time for the benefit of its water works system and sanitary department, and providing for the payment of said certificates out of a percentage of revenues derived from water or sanitary charges, respectively, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. When and how amendment is to become effective. Section III. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1947. WILKINSON SUPERIOR COURTTERMS. No. 151 (Senate Bill No. 106). An Act To provide for the holding of four terms each year of Wilkinson Superior Court, to provide for the Grand Jury terms, to prescribe and fix the time for holding the same, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be held in each year four terms of the Superior Court for the County of Wilkinson, State of Georgia, in the Ocmulgee Circuit. Terms.

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Section II. Be it further enacted by the authority aforesaid, that the terms of said Court shall begin on the First Monday in January, First Monday in April, First Monday in July, and the First Monday in October. Dates. Section III. 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 April and the First Monday in October. Traverse jurors shall be drawn for the terms of said court convening on the First Monday in January and on the First Monday in July. 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 January and First Monday in July. Juries. Section IV. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 25, 1947. ELEMENTARY AND HIGH SCHOOL GRADESFUNDS, TEXTBOOKSAMENDMENT. No. 152 (Senate Bill No. 32). An Act To amend the Act approved February 10, 1937, Georgia Laws 1937, pp. 864-869, entitled an Act to establish a State Board of Education, prescribe the qualifications of the members of the Board, fix their terms of office and define their duties, by adding a new paragraph to be known as Section 3A to provide that the elementary grades of the common schools shall embrace grades one thru seven, inclusive, and no other, and the high school grades of the common schools shall embrace eight thru twelve, inclusive, and no other; to amend the Act approved February 10, 1937, Georgia Laws 1937, pp. 882-892, entitled an Act to equalize educational opportunities throughout the State by striking from Section 5 of said Act the last paragraph which provides as follows: For the purpose of this Section, grades one thru seven, inclusive, and no others, shall be considered elementary grades, and grades

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eight thru eleven, and no others, inclusive, shall be high school grades., and by inserting in lieu thereof For the purpose of this Section, grades one thru seven, inclusive, and no others, shall be considered elementary grades, and grades eight thru twelve, and no others, inclusive, shall be considered high school grades.; and by striking from Section 10 of said Act the last line thereof which reads as follows: Above the eleventh solely from local funds and by inserting in lieu thereof the words Above the twelfth solely from local funds; and to amend Section 4 of an Act approved March 4, 1937, Georgia Laws 1937, pp. 896-901, entitled an Act to provide for the listing and adoption of textbooks for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto, by striking from line 23 the word eleven and by inserting in lieu thereof the word twelve so that the high schol grades as referred to in said Act shall embrace grades eight thru twelve, inclusive; 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 I. That the Act approved February 10, 1937, Georgia Laws 1937, pp. 864-869, entitled an Act to establish a State Board of Education, prescribe the qualifications of the members of said board, fix their terms of office and define their duties be and said Act is hereby amended by adding thereto a new paragraph to be known as Section 3A and to read as follows: Education. Act of 1937 amended. Section 3A. For the purpose of operation of the common schools of this State, and the participation therein by the State, the elementary grades of the common schools shall embrace grades one thru seven, inclusive, and no other; and the high school grades shall embrace eight thru twelve, inclusive, and no other. New sec. 3 A. Grades, elementary and high schools. Section II. That the Act approved February 10, 1937, Georgia Laws 1937, pp. 882-892, entitled an Act to equalize educational opportunities throughout the State be and said Act is hereby amended by striking from Section 5 thereof the last paragraph which reads as follows: Paragraph of sec. 5 stricken. For the purpose of this Section, grades one to seven,

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inclusive, and no others shall be considered elementary grades, and grades eight to eleven, and no others, inclusive shall be high school grades., and by inserting in lieu thereof a new paragraph to Section 5 of said Act which new paragraph shall read as follows: For the purpose of this Section, grades one thru seven, inclusive, and no others shall be considered elementary grades, and grades eight thru twelve, and no others, inclusive, shall be considered high school grades. New paragraph. Grades. Section III. That the Act approved February 10, 1937, Georgia Laws 1937, pp. 882-892, entitled an Act to equalize educational opportunities throughout the State be and said Act is hereby amended by striking from Section 10 of said Act the last line of said Section 10 which reads as follows, Above the eleven solely from local funds, and by adding in lieu thereof, Above the twelfth solely from local funds. Part of sec. 10 stricken. Payment from what funds. Section IV. That Section 4 of an Act approved March 4, 1937, Georgia Laws 1937, pp. 896-901, entitled an Act to provide for the listing and adoption of textbooks for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto be, and the same is hereby amended by striking from line 23 the word eleven and by inserting in lieu thereof the word twelve so that for the purpose of said Act the high school grades shall embrace grades eight thru twelve, inclusive. Sec. 4 amended. Grade added. Section V. This Act is to become effective as of July 1, 1947. Date effective. Section VI. That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved March 22, 1947. STATE AUDITORSALARY INCREASE. Code 40-1802. No. 153 (Senate Bill No. 116). An Act To amend Section 40-1802 of the Code of Georgia of 1933, Acts of 1925, Page 256, same pertaining to the salary

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of the State Auditor, so as to provide for a scale of salary based on the length of service; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section I. That Section 40-1802 of the Code of Georgia of 1933, Acts 1925, Page 256, same pertaining to the salary of the State Auditor by adding at the end of said section the following proviso Provided that the salary of the State Auditor shall be increased by the amount of one thousand dollars for each five years of continuous service as an employee or official in the State Department of Audits up to and including twenty years. Salary scale, based on length of service. Section II. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1947. ROCKDALE COMMISSIONERSALARY INCREASE. No. 154 (Senate Bill No. 126). An Act To amend an Act entitled Rockdale Commissioner's Office Created, approved February 18, 1941 (Ga. Laws 1941, pp. 952-958), the same relating to the Commissioner's office of Rockdale County, by striking the figure $400.00 as appears in Section 8, and substituting in lieu thereof the figure $800.00 in order that the Commissioner may have an increase in salary; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section I. That an Act entitled Rockdale Commissioner's Office Created, approved February 18, 1941 (Ga. Laws 1941, pp. 952-958), the same relating to the Commissioner's office of Rockdale County, be, and the same is hereby amended by striking and repealing in Section 8 thereof the figure $400.00 and substituting in lieu thereof the figure $800.00, so that said Section 8 as amended shall read as follows: Act of 1941 amended.

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Section 8. The salary of the Commissioner of Roads and Revenues shall be $1600.00 per annum, plus the sum of $400.00 for the expenses of his car used in and about the said County of Rockdale, said salary to be paid monthly. Said salary can only be raised by the recommendations of two successive Grand Juries and then cannot ever be raised in excess of $800.00 annually. Increase authorized. Section II. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 25, 1947. ROCKDALE TAX COMMISSIONERCOMMISSION ON EXCESS TAXES COLLECTED. No. 155 (Senate Bill No. 127). An Act To amend an Act entitled Rockdale Tax Commissioner Created, approved February 26, 1943 (Ga. L. 1943, pp. 1106-1109), the same relating to the Tax Commissioner of Rockdale County, by adding to Section 3 a provision authorizing a commission of 10% on all taxes collected in excess of 90% of the total taxes due according to the tax net digest to be paid to the Tax Commissioner over and above his salary; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section I. That an Act entitled Rockdale Tax Commissioner Created, approved February 26, 1943 (Ga. L. 1943, pp. 1106-1109), the same relating to the Tax Commissioner of Rockdale County, be and the same is hereby amended by adding the following proviso to Section 3: Act of 1943 amended. Provided however that on all taxes collected in excess of 90% of the total of taxes due, according to the tax net digest, the Tax Commissioner shall be paid a commission which shall be 10% of all such collections. This 10% of the total taxes due shall be paid the Tax Commissioner in addition to his salary. Sec. 3, added proviso. so that Section 3 as amended shall read as follows:

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Section 3. That all fees, costs, commissions and other compensations allowed to the Tax Receiver and Tax Collector of Rockdale County, shall be collected by the said Tax Commissioner and any such funds so collected, shall be paid into the treasury of Rockdale County. Provided however, that on all taxes collected in excess of 90% of the total of taxes due, according to the tax net digest, the Tax Commissioner shall be paid a commission which shall be 10% of all such collections. This 10% of the total taxes due shall be paid the Tax Commissioner in addition to his salary. Said commissions to be paid since the inception of the original Act. Commission on excess taxes collected. Section II. To repeal all laws or parts of laws in conflict with the provisions of this Act. Approved March 25, 1947. SALARIES OF STATE OFFICERS FIXED AND EQUALIZED. No. 156 (Senate Bill No. 130). An Act To fix and equalize the salaries of the Secretary of State, Attorney General, State Superintendent of Schools, Comptroller-General, Treasurer, Commissioner of Agriculture, Members of the Public Service Commission, and Commissioner of Labor, and to provide that all of said salaries shall be $7,500 per annum; to provide an effective date for this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That the salaries of the following executive officers shall be uniform and fixed at $7,500 per annum; The Secretary of State, Attorney-General, State Superintendent of Schools, Comptroller-General, Treasurer, Commissioner of Agriculture, Members of the Public Service Commission, and Commissioner of Labor. Executive Officers. Section I a. The salary of State Superintendent of Banks shall be $7,500 per annum and the salary of Assistant Superintendent

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of Banks shall be $5,000 per year. The salary of the Commissioner of Revenue shall be $7,500 per annum. State Superintendent of Banks, and Assistant. Commissioner of Revenue. Section II. The salary and travel expense of the members of the State Board of Pardon and Parole as provided in Section 3 of an Act approved February 5, 1943, Georgia Laws 1943 Pages 189-195, entitled an Act to create the State Board of Pardons and Parole shall be $5,000 per annum payable in equal monthly installments and each member shall in addition to said salary and in lieu of any subsistence and necessary travel expense as provided therein, receive the sum of $150 per month, plus transportation fare and per diem if travel is made by railroad or bus, or the regular mileage fee fixed by said Act where private car is used in the performance of official duties. State Board of Pardon and Parole. Section III. This Act shall become effective immediately upon the approval of the Governor. Date effective. Section IV. To repeal all laws or parts of laws in conflict with the provisions of this Act. Approved March 25, 1947. BIBB COMMISSIONERSPENSION POWERS REPEALED. No. 157 (House Bill No. 339). An Act to repeal an Act entitled 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 `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, vesting in the 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, and for other purposes, said Act being approved January

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31, 1946, and appearing on pages 237, et seq., of the Acts of the General Assembly of the State of Georgia, Adjourned Session of 1946. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act, approved January 31, 1946, amending an Act approved February 6, 1873, appearing on pages 219, et seq., of the published Acts of the General Assembly of Georgia, 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, 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 and benefits for all or any of the officers and employees of said County, and for other purposes, said Act being approved January 31, 1946, and appearing on pages 237, et seq., of the Acts of the General Assembly of the State of Georgia, Adjourned Session of 1946, be and the same is hereby repealed in its entirety. Act of 1946 repealed. County Commissioners' powers. Pension, etc., benefits. Section 2. That all laws and parts of laws in conflict herewith be, and they are hereby repealed. Approved March 20, 1947. POLICE PENSIONS IN CERTAIN CITIESAMENDMENT. No. 158 (Senate Bill No. 77). An Act To amend an Act entitled an Act to repeal an Act approved August 18, 1925 relating to pensions for members of the police department in cities having a population of 150,000 according to the last census of the United States or any subsequent census thereof and providing a new pension system for members of the police department in such cities so as to provide for the time of retirement from service; providing for the duties, powers and

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responsibilities of said board and for the review of their decisions by the courts; providing the amount of the pension for such members and their dependents; providing for a pension for dependents of such members who die in service; providing for the transfer of officers and employees from one department to another of such cities; providing for a pension for dependents upon death of member not in line of duty before serving 25 years: repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act to repeal an Act approved Aug. 18, 1925, relating to pensions for members of the Police Department in cities having a population of 150,000 according to the census of the United States for 1920 and providing a new pension system for such cities, (Georgia Laws 1933, p. 213-224), be and the same is hereby amended as follows: Act of 1925 amended. Pensions. Cities where applicable. Section I. That Section 2 of said act, which provides for the time of retirement from service, as amended, be and the same is further amended to read as follows: Sec. 2 amended. Every member of such police department who has stood civil service examination and has been passed by the civil service board, and whose names are on the payroll of such police department at the time of the passage of said Act and future members of such department may, as a matter of right, retire from active service, provided he shall have served 25 years in active service at the time of his retirement. The time of service shall be determined from the payroll records in the Office of the City Comptroller. Police members who may retire. Section II. That Section 7 of said Act, as amended, relating to meetings of the Board, be and the same is hereby amended so as to read as follows: Sec. 7 amended. The Board of Trustees shall see to it that the payments of the funds under this Act are made to those entitled to receive the same. Said Board shall have its first meeting on Wednesday following their election, and shall organize by electing a chairman and a vice-chairman. The vice-chairman shall serve in the event of the absence or disqualification

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of the chairman, and all vouchers for the disbursements of funds shall be signed by the chairman; and such written order for disbursements shall fully protect the City Treasurer in the payment of said funds. A majority of the Board of Trustees shall control on all disputed questions, but such decision shall be subject to review by the Superior Court in an action at law, suit in equity, writ of certiorari as provided by general law for such writs, or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this Act as amended. Board of Trustees. Meetings. Procedure. Section III. That Section 3 of said Act, as amended, relating to the pension limit, providing a pension for widows and children, defining the term widow and providing for the pension for a widowed mother, be and the same is hereby amended to read as follows: Sec. 3 amended. Pension limit. That when such member shall retire as a matter of right, as aforesaid, he shall be paid thereafter, if otherwise entitled thereto under the provisions of this Act, 55% of the monthly salary or pay he was receiving at the time of his retirement for the remainder of his life, to be paid monthly, provided said sum shall not exceed $100.00 per month, except as hereinafter provided. In the event of the death of such member who is receiving a pension under the provisions of this section, his widow and minor children, and if no widow his minor children, shall draw from the time of such pensioner's death, the sum equal to 3/4 of the sum that the pensioner was drawing or entitled to draw at the time of his death; and such pensions shall continue until such widow dies or remarries, and at her death or remarriage, the said pension shall be continued to be paid to the minor child or children of such deceased pensioner, and shall continue to be so paid until such child, or the youngest of such children, shall attain the age of 16 years. The term widow as herein used shall mean the wife of a policeman or pensioner who was married to him at least 1 year prior to the time the said policeman was making application for pension under this Act; and unless such widow whose husband participated in the pension fund hereunder was married to such policeman or pensioner at

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least 1 year prior thereto, she shall not be entitled to a pension under this Act; nor shall the provisions of this Act be extended to include a wife of a policeman or pensioner who is not living with her husband, who is a policeman or pensioner hereunder, at the time of his death; nor shall the provisions of this Act be construed to include a wife who has deserted her husband who is such a policeman or pensioner and has not been supported by him. But if such policeman or pensioner is not married and should leave a widowed mother who is dependent upon such policeman or pensioner under this Act, then and in that event the widowed mother shall draw the pension which would otherwise have gone to the widow of such policeman or pensioner, or his minor child or children, under the provisions of this Act, had he been a married man. Provided, however, that the pension limit herein provided for 25 years active service when a member shall retire as a matter of right, shall be increased by a sum equal to 4% of such monthly payments for each full year of active service in excess of 25 years and not in excess of 35 years, which said sum shall be added to the monthly payments herein authorized. Beneficiaries, Widow. Payments. Section IV. That Section 21 of the said Act, as amended, providing for a pension for the widow and minor children of a nonpensioned policeman, be amended to read as follows: Sec. 21 amended. That when any policeman who has served 25 years and has not been placed on a pension, but has remained in active service, dies, his wife and minor child or children shall receive a pension of not exceeding $75.00 per month until such widow dies or remarries; and in either event, then the pension shall be continued to be paid in the sum aforesaid to the child or children under 16 years of age, and after such child shall attain the age of 16 years, the pension shall cease; and in the event said policeman shall not be survived by a widow or minor child, but shall be survived by a widowed mother who was dependent upon such policeman at the time of his death, then the pension of not exceeding $75.00 per month shall be paid to said widowed mother during her natural life or until she remarries, it being the intention of this Act, where payment of a pension is provided to a widow of a policeman,

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that the same shall not be paid unless such widow shall have been married to such policeman for a period of at least 12 months prior to the time of his death. This section shall be retroactive to include any widow of a policeman who may have died since April 1, 1945. Beneficiaries of non-pensioned policeman. Section retroactive. Section V. That said Act, as amended, be further amended by adding another section as follows: New section. Whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for the years of service in the department from which he has been transferred by paying into the pension fund of the department to which he is transferred the amount of premiums he would have paid into said fund if he had been a member of said department for the number of years he claims credit for service in the other department. Such transferred employee shall have the right to have transferred from the pension fund the amount he had paid into such fund. The rights given in this Act shall be effective as to the officers and employees who have transferred prior to this Act, as well as future transferees. This Act shall apply to all the pension funds of such city, namely, the Policemen's Pension Fund, the Firemen's Pension Fund and the General Employees Pension Fund. Transferred employees. Pension funds to which Act applies. Section VI. That said Act, as amended, be further amended by adding another section as follows: New section. Upon the death of any member or pensioner not in line of duty, his widow, if any, shall be paid during the rest of her life, or until she remarries, 3/4 of the pension that the member or pensioner would have been entitled to if he himself had applied for a pension at the time of his death. Such pension shall be graduated according to the length of service of the deceased husband before his retirement on account of disability or before his death and the said graduated scale shall be on the same ratio and computed in the same manner as set out above in this section as to a member becoming totally disabled after 5 years of service and applying for a disability pension,

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except that the widow shall be entitled to only 3/4 of the amount of pension that her husband would have been entitled to. To illustrate, after 5 years of service, and less than 10 years of service, she would be entitled to 3/4 of 5/25 of the full pension that her husband would have been entitled to if he had served 25 years and the illustrations as applied to the first part of this Act, as to service after 10 years, are applicable here, except that the widow would only be entitled to recover 3/4 of the amount that her deceased husband would have been entitled to. Provided, however, that no such widow shall receive any sum hereunder unless she was the lawful wife of said pensioner prior to the time he became disabled. If such pensioner or members die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, the pensioner's minor child, or children, except children adopted subsequent to said pensioner's retirement from active service, shall be paid the same gross sums according to the same graduated scale as set out above for the widow until such child or children reach the age of 16 years. In determining the number of years of service, no fractional part of the year shall be considered. That is to say, a person who has served 18 years and 9 months would be pensioned on a basis of 18/25 of the full pension or for 18 years of service. Death not in line of duty. Payments to beneficiaries. Section VII. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1947. FULTON COUNTY LAW DEPARTMENT. No. 159 (Senate Bill No. 83). An Act To provide a Law Department for Fulton County, to provide the duties of that department, to provide for the appointment, tenure and compensation of the personnel of the Law Department; 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 I. The Law Department of Fulton County shall consist of the county attorney and such assistant county attorneys, and clerical and other assistance as are now or may hereafter be provided. Personnel. Section II. The Law Department of Fulton County shall be under the direction of the County Attorney, who shall be elected by the Board of Commissioners of Roads and Revenues of Fulton County for a term of four years except that the term of the first County Attorney of Fulton County to be elected after approval of this bill shall expire December 31, 1950. The County Attorney shall receive monthly compensation totaling not less than $7,000 per year. The County Attorney may be removed from office after conviction by majority vote of all members of the Board of Commissioners of Roads and Revenues of Fulton County of either malfeasance, nonfeasance or misfeasance in office at public trial on written charges preferred of which charges the County Attorney shall have ten days' notice in writing. County Attorney. Election, term, salary. Removal. Section III. The County Attorney shall have the right to appoint three assistant county attorneys, each of whom shall be paid out of the county Treasury, compensation of not less than $4800.00 per year, payable in equal monthly payments. Assistant County Attorneys. Section IV. The County Attorney shall have the power of appointing and removing the assistant county attorneys, and such other personnel as may be provided for the Law Department by the Board of Commissioners of Roads and Revenues. County Attorney's power as to personnel. Section V. The Law Department of Fulton County shall be furnished with such stenographic, clerical and other assistance as may be required for the transaction of the legal affairs of the county. Office assistance. Section VI. The Law Department shall conduct the law business of the County; shall represent the County in legal proceedings in which the County is a party, and in proceedings where an officer of the County, in his official capacity, is a party. The Department of Law shall prepare, when requested to do so by the Board of Commissioners of Roads and Revenues of Fulton County, deeds, leases, contracts and other legal documents required by the business of the County, and shall furnish written opinions upon such subjects

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as involve the business and operations of the County when requested to do so by the Board of Commissioners of Roads and Revenues. The Law Department shall render such legal services as may be consistent with the usual and customary duties of the County Attorneys in this state. Duties of Law Department. Section VII. Notice of intention to apply for this legislation has been published as provided by law. There is attached and made a part hereof a copy of said notice. Publication of notice. Section VIII. All laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. COUNTY BOARD OF EDUCATION IN CERTAIN COUNTIES. Code 32-903. No. 160 (Senate Bill No. 89). An Act entitled An Act to provide that in all Counties of Georgia having a population of not less than 5,910 and not more than 6,000 according to the United States Census of 1940, that the Grand Juries of such Counties when electing members of the County Board of Education shall have the power and authority to select one or more members of the County Board of Education from any militia district or locality in said counties and provided further that the provision in Code Section 32-903 of the Civil Code of Georgia or otherwise in the law where it is provided that not more than one Board Member shall be selected from the same militia district or locality will not apply to such counties. Section I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act that in all Counties of Georgia having a population of not less than 5,910, and not more than 6,000 according to the United States Census of 1940, it shall be lawful and the Grand Juries of such Counties shall have the power and authority to select one or more members of the County Board of Education from

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any militia district or locality in said County and that the requirement in Section 32-903 of the Code of Georgia of 1933 or wherever it may be so provided in the laws of this State, that no two Board Members shall be selected from the same militia district or locality will not apply in said Counties. Counties where applicable. Election of Board members by grand juries. Section II. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. ROCKDALE COUNTY COMMISSIONERAIRPORTSAMENDMENT. No. 161 (Senate Bill No. 91). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Rockdale, approved February 18, 1941, Pages 952 and 958 inclusive, by adding thereto the following provision of law to be known as Sections 16-B, 16-C and 16-D. Section 16-B. Be it enacted by the General Assembly of Georgia, and be it hereby enacted by authority of the same that from and after the passage of this Act said Commissioner of Roads and Revenues shall be empowered and authorized to construct, maintain and operate within the County limits of Rockdale County airports and landing fields; to purchase, rent, or lease land for such purposes; to levy taxes, issue bonds or borrow money as provided by law to provide funds to purchase land to build, construct, operate and maintain said airports or landing fields. Powers as to airports, etc. Act of 1941 amended. New sections. Section 16-C. Be it further enacted that for the purpose of carrying out the provisions and intentions of this amendment, said Commissioner is permitted, authorized and empowered to perform such acts and things as may be necessary to participate in Federal Aid for such projects. Participation in Federal aid. Section 16-D. That all laws or parts of laws in conflict with the above sections are hereby repealed. Approved March 26, 1947.

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CONVEYANCE OF LAND TO UNITED STATES FOR LOOKOUT TOWERBRASSTOWN BALD. No. 162 (Senate Bill No. 92). An Act authorizing the State of Georgia to transfer by deed to the United States of America a tract of land approximating one-fourth of one acre in Union and Towns Counties for construction thereon a Lookout Tower or observatory for use in detecting and suppressing fires in the national and state forests. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That the Governor of the State of Georgia be, and he is hereby authorized and empowered, for and in consideration of the mutual benefits to be derived therefrom, to convey to the United States of America approximately onefourth of one acre of land upon which to construct, maintain and operate a Lookout Tower or observatory for the purpose of detection and suppression of forest fires, and for other purposes in preventing forest fires and other damage to national and state forests in the State of Georgia. Authority to convey to United States for Lookout Tower. The tract of land hereby authorized to be conveyed, and for the purposes herein mentioned, is located on the top of Brasstown Bald, in land lot 274, District 17, Section 1, Union and Towns Counties, State of Georgia, and more particularly described as follows: Brasstown Bald. A square plot with its four sides running with the cardinal directions, 1.58 chains in length and with the center of the Lookout Tower on Brasstown Bald as its center, containing in Towns County 0.13 acres and in Union County 0.12 acres, or a total of 0.25 acres in both counties, be the same more or less. Land description. Section II. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947.

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AMPHITHEATERS, OPEN AIR SHELLS, ETC., IN CERTAIN COUNTIES. No. 163 (Senate Bill No. 94). An Act to provide that in all Counties having a population of 200,000 or more by the United States Census of 1940, or any future United States Census, the Board of Commissioners of Roads and Revenues, or if there be no such Board, then the ordinary or other county authority shall have the power in its discretion to lease, rent, convey or otherwise dispose of for a period or periods not exceeding 10 years any amphitheater, open air shells, auditoriums, or theatrical facilities where, in the discretion of the county authority, the same may thereby be more advantageously used and devoted to the purposes of its construction or erection, upon such terms and conditions as said county authority shall deem proper; 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 I. That in all counties in this State having a population of 200,000 or more according to the United States Census of 1940 or any future United States Census, Counties where applicable. The Board of Commissioners of Roads and Revenues, or if there be no such Board, then the ordinary or other county authority shall have the power in its discretion to lease, rent, convey or otherwise dispose of for a period or periods not exceeding 10 years any amphitheater, open air shells, auditoriums, or theatrical facilities where in the discretion of the county authority, the same may thereby be more advantageously used and devoted to the purposes of its construction or erection, upon such terms and conditions as said county authority shall deem proper. Powers of County officers as to amphitheaters, open air shells, etc. Section II. Be it further enacted by authority of aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947.

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DEPUTY CLERKS, SUPREME COURT AND COURT OF APPEALSSALARIES INCREASED. No. 164 (Senate Bill No. 96). An Act to be entitled an Act to amend an Act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395) relating to costs collected in the Supreme Court and Court of Appeals and to the payment of salaries of certain officers and employees of said courts, by amending the first sentence of Section 5 of said act, fixing the salary of the Deputy Clerk of the Supreme Court; and an Act approved March 8, 1945 (Georgia Laws 1945, p. 235) relating to the salary of the Deputy Clerk of the Court of Appeals, by amending Section 1 of said Act, fixing the salary of the Deputy Clerk of the Court of Appeals; and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. The first sentence of Section 5 of the Act approved February 19, 1943 (Georgia Laws 1943, pp. 387-395), relating to the salary of the Deputy Clerk of the Supreme Court and which now reads as follows: The salary of the Deputy Clerk of the Supreme Court shall be $3600 per annum, payable in equal monthly installments, to be paid by the State Treasurer from appropriations for the operation of the Supreme Court, is hereby amended so as to read as follows: The salary of the Deputy Clerk of the Supreme Court shall be $5000 per annum, payable in equal monthly installments, to be paid by the State Treasurer from appropriations for the operation of the Supreme Court. Act of 1943 amended. Supreme Court, Deputy Clerk. $3,600 salary increased to $5,000. Section II. The first sentence of Section 1 of the Act approved March 8, 1945 (Georgia Laws 1945, p. 235) relating to the salary of the Deputy Clerk of the Court of Appeals of Georgia and which now reads as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the salary of the Deputy Clerk of the Court of Appeals shall be $3,600 per annum, payable in monthly installments, is hereby amended so as to read as follows: Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the salary of the Deputy Clerk of the Court of Appeals shall be the same as that of the Deputy Clerk of the Supreme Court of Georgia; payable in equal monthly installments, to be paid by the State Treasurer from appropriations for the operation of the Court of Appeals. Act of 1945 amended. Court of Appeals, Deputy Clerk. Salary made same as that of Deputy Clerk, Supreme Court. Section III. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1947. POLK COUNTY, CITY COURTJURISDICTION OVER CHILDREN. No. 165 (Senate Bill No. 103). An Act To amend an Act of the General Assembly of Georgia approved November 18, 1901, entitled An Act to establish the City Court of Polk County, in the City of Cedartown, in and for the county of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, and all Acts amendatory thereof, by conferring upon the City Court of Polk County and upon the judge thereof juvenile jurisdiction over children under sixteen years of age who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of, the State; to regulate the procedure in such juvenile cases, including the appointment of probation officers and the appointment of guardians for such children; to provide for the duties and powers of said court and of the judge and other officers thereof in such juvenile cases; to provide for the punishment of any adult who may encourage, aid, cause, abet or connive at such state of delinquency or neglect, and for other purposes; to provide for the opening of defaults in civil cases in said City Court where answers and defenses are not filed within the time prescribed by said Act approved November 18, 1901; to specify the laws and rules of procedure,

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pleading and practice applicable in civil actions and civil proceedings in said City Court, including the laws and rules applicable in said court in such cases with regard to the commencement of actions, filing and hearing of pleadings and service of summons and process; to stipulate the salary of the judge of said court and to provide that said judge may not practice law or hold any office or position elective by popular vote; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that said Act approved November 18, 1901, and all Acts amendatory thereof, be, and the same are hereby amended as follows: Act of 1901 amended. Section I. The City Court of Polk County, in addition to all the powers and duties contained in said Act approved November 18, 1901, and all Acts amendatory thereof, shall have and exercise original and exclusive jurisdiction of all cases coming within the terms and provisions of this law. This law shall be known as the City Court of Polk County Juvenile Law, and shall be construed liberally and as remedial in character; and the powers and duties hereby conferred are intended to be general to effect the beneficial purposes herein set forth. Additional powers. Juvenile Law jurisdiction. Law to be known as. This law shall apply to every child under 16 years of age, Powers as to children. (a) Who violates any penal law or any municipal ordinance, or (b) Who engages in any occupation, calling, or exhibition, or is found in any place for permitting which an adult may be punished by law, or who 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, or general welfare of such child, or (c) Who comes within the provisions of any law for the education, care and protection of children, or (d) Whose custody is the subject of controversy of any suit: Provided, however, that jurisdiction in such cases shall be vested in other courts of record where the law now gives other courts of record exclusive jurisdiction, and that said other courts of record shall have concurrent jurisdiction

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in all other cases arising under this division of this section. The judge of any court, except as above provided, in which there is pending any suit in which there is involved the question of the custody of any child, shall refer and transfer by proper order said question of custody to the City Court to be heard and determined by it. (e) Whenever said court shall have acquired jurisdiction of any child under 16 years of age, such jurisdiction shall continue so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction, or education of such child, but such jurisdiction shall terminate when such child shall attain the age of 21 years. Section II. Any person having knowledge or information that a child is within the provisions of the preceding section may file with said court a verified petition stating the facts that bring such child within said provisions. The petition may be upon information and belief. The title of the proceeding shall be substantially as follows: In the Juvenile Court Division of the City Court of Polk County. In the matter of_____, a child under_____years of age. The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, and the name and residence of the person having the guardianship, custody, control and supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown, if that be the fact. Petition. Section III. Upon filing the petition, the court may forthwith, or after first causing an investigation to be made by a probation officer or other person, cause a summons to be issued, signed by the judge, requiring the child to appear before the court, and the parents or the guardian, or the person having the custody, control or supervision of the child, or the person with whom the child may be, to appear with the child, at a place and time stated in the summons, to show cause why the child should not be dealt with according to the provisions of this law. Summons. Section IV. If it appears from the petition that the child is embraced within subdivision (a) of Section 1 of this law, or is in such condition that the welfare of the child requires that its custody be immediately assumed, the court may indorse

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upon the summons a direction that the officer serving the same shall at once take said child into his custody. Custody of child. Section V. Service of summons shall be made personally by delivering to and leaving with the person summoned a true copy thereof. If it shall be made to appear by affidavit that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court at any stage of the proceeding may make an order for substituted service of the summons, and if such parties are without the county, service may be made by mail, by publication, or personally without the county in such manner and at such time before the hearing as in said order directed. It shall be sufficient to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court, if requested, shall not proceed with the hearing earlier than the third day after the date of the service. Proof of service shall be made substantially as in other cases in the City Court of Polk County. Failure to serve summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases under subdivision (a) of Section 1. Provided, however, that for good cause shown, the court pass an order dispensing with such service. Service of summons. Section VI. The summons shall be considered a mandate of the court, and wilful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for a criminal contempt, without the intervention of a jury. Failure to obey summons. Section VII. Upon the return of the summons, or at any time set for the hearing, the court shall proceed to hear and determine the case. The court may conduct the examination of the witnesses without the assistance of counsel, and may take testimony and inquire into the habits, surroundings, condition and tendencies of said child to enable the court to render such order or judgment as shall best conserve the welfare of said child and carry out the objects of this law, and the court, if satisfied that the child is in need of the care, discipline and protection of the court, may so adjudicate, and may, in addition, find said child to be in a state of delinquency or neglect and may further render such judgment

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and make such order, or commitment according to the circumstances of the case as will best conserve the purpose of this law. The solicitor of said City Court shall, without compensation, assist in any and all matters and cases under this law, when required by the judge to do so. Hearing. Procedure. Judgment. City Court Solicitor's assistance. Section VIII. The court may place the child in the care and control of a probation officer and may allow such child to remain in its home subject to the visitation and control of the probation officer, to be returned to the court for further proceeding whenever such action may appear to the court to be necessary; the court may authorize the child to be placed in a suitable family home subject to the friendly supervision of the probation officer and the further order of court; or it may authorize the child to be boarded out in some suitable family home in such manner as may be provided by law, or arranged by voluntary contributions, or otherwise, until suitable provision may be made for the child in a home without such payment; or the court may commit the child to any institution that may care for children within or without the county, incorporated or otherwise, or to the Georgia State Training Schol for Boys, the Georgia Training School for Girls, or to any other State institution already existing or hereafter to be established, for the correction, reformation, or protection of children. Disposition of child. Section IX. It is the intention of this law that in all proceedings coming under its provisions the court shall proceed upon the theory that said child is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case. Ward of State. Section X. The court shall have the power, upon the hearing of any case involving any child, to exclude the general public from the room wherein said hearing is held, admitting thereto only such persons as may have a direct interest in the case. The records of all cases shall be withheld from the inspection of all persons. Such records may be open to inspection only upon order of the judge for good cause shown. The hearing may be conducted in the judge's chambers or in such other room or apartment as shall be provided for such cases. Exclusion of public. Records.

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Section XI. No adjudication under the provisions of this law shall operate as a disqualification of the child for any office, State or municipal, and such child shall not be denominated a criminal by reason of any such adjudication, nor shall such adjudication be denominated a conviction. Effect of judgment on child. Section XII. Until the first hearing of the case by the court, the probation officer, or any other official duly authorized so to do by the court, may release the child upon its own recognizance, or upon the recognizance of the parent or the person having the custody, control or supervision of the child, to appear before the court at such time as may be therein fixed. Any child embraced in this law shall have the right now given by law to any person to give bond or other security for its appearance at the hearing. Release of child. Bond. Section XIII. Nothing in this law contained shall be construed as forbidding the arrest, with or without warrant, of any child, as now or hereafter may be provided by law, or as forbidding the issuing of warrants by magistrates, as provided by law. Whenever a child less than 16 years of age is brought before a justice of the peace, such justice of the peace shall transfer the case to said city court by proper order. Such justices of the peace may, however, by order admit such child to bail to appear before said court at a time designated in the said order. Warrant. Arrest. Transfer of cases by justices of peace. Section XIV. All papers and processes in the hands of such justices of the peace shall be forthwith transmitted to said court, and shall become part of its records. Said court shall thereupon proceed to hear and dispose of such case in the same manner as if the proceedings had been instituted in said court upon petition, as hereinbefore provided. In all cases the nature of the proceeding shall be explained to said child, and, if they appear, to the parents, custodian, or guardian. Between the time of the arrest of such child with or without warrant, and the appearance of said child before said court, if not released, he shall be detained subject to the order of the latter court. Papers and processes. Procedure. Section XV. The court may, in its discretion, in any case of a delinquent child brought before it as herein provided, permit such child to be proceeded against in accordance with the laws that be in force governing the commission of crime,

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and in such case the petition, if any, filed under this law shall be dismissed and the child shall be tried in said city court on accusation as in other criminal cases, or the case shall be transferred to the proper court having jurisdiction of the offense. Delinquent child. Trial for crime. Section XVI. No judgment, order or sentence of said City Court under this law shall be subject to review by writ of certiorari but shall be subject to review only by direct bill of exceptions to either of the appellate courts; provided, that no judgment, order or sentence shall be superseded, except in the discretion of the judge, but the judgment, order or sentence of the court shall stand until reversed or modified by the appellate court; provided further, that the pendency of a direct bill of exceptions shall not preclude or prevent said city court, during the pendency thereof, at a subsequent hearing for cause shown, to modify any judgment, order or sentence made. Review. No certiorari. Supersedeas. Modification of judgment. Section XVII. The judge of said court may arrange with an incorporated society or association maintaining a suitable place of detention for children in the county or elsewhere, for the use thereof as a temporary detention home for children coming within the provisions of this law, and may enter an order which shall be effectual for that purpose; and a reasonable sum shall be appropriated by the county commissioners or the authority having control of county matters for the expenses incurred by said society or association for the care of such children. Temporary detention home. Section XVIII. The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to all such children the care, protection and assistance which will conserve the welfare of such children. It is hereby made the duty of every county, town or municipal official or department, in said county, to render such assistance and co-operation within his or its jurisdictional power to further the objects of this law. All institutions, associations or other custodial agencies in which any child may be, coming within the provisions of this law, are hereby required to give such information

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to the court or any of said officers appointed by it as said court or officers may require for the purposes of this law. Co-operation of societies, officials, etc. Section XIX. Said court may appoint a probation officer or officers to serve under the direction of the court in all cases arising under this law. The same power of appointment shall apply to such other officers as the court may require. The clerk of the City Court of Polk County shall, without compensation, perform such duties under this law as may be required of him by the judge of said City Court. Probation officers. Clerk of City Court. Section XX. Any final order or judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of the jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will conduce to the welfare of said child and the best interests of the State. Modification of final judgments. Commitments. Oversight over child. Section XXI. Whenever any child is found to be in such condition, surroundings or under such improper or insufficient guardianship as to lead the court, in its discretion, to take the custody of said child away from its parents and place it in some institution or under some other custodial agency, the court may, after issuing and service of an order to show cause upon the parents or other persons having the duty under the law to support said child, adjudge that the expense of caring for said child by said custodial agency or institution as fixed by the court shall be paid by the person or persons bound by law to support said child. In such event such person or persons shall be liable to pay to such custodial agency or institution and in such manner as the court may direct the money so adjudged to be payable by him or them. Wilful failure to pay said sum may be punished as a contempt of court and the order of the court for the payment of said money may be enforced as other money judgments of courts of record are enforced. Improper guardianship. Expense of caring for child.

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Section XXII. Whenever a child within the jurisdiction of said court and under the provisions of this law appears to the court to be in need of medical care, a suitable order may be made for the treatment of such child and for the payment of the expense thereof. For that purpose the court may cause any such child to be examined by any health officer within the jurisdiction of the court, or by any duly licensed physician. Medical care. Section XXIII. Whenever, in the course of a proceeding instituted under this law, it shall appear to the court that the welfare of the child will be promoted by the appointment of an individual as general guardian of his property, and of his person, when such child is not committed to any institution or to the custody of any incorporated society, the court shall have jurisdiction to make such appointment either upon application of the child or some relative or friend, or upon the court's own motion. In that event, an order to show cause may be made by the court to be served upon the parent or parents of said child in such manner and for such time prior to the hearing as the court may deem reasonable. In any case arising under this law, the court may determine as between parents, whether the father or mother shall have the custody, tuition and direction of said child. General Guardian. Procedure. Custody, etc. Section XXIV. If in adjudging a child to be delinquent, the court shall find as an element of such delinquency that such child has committed an act involving liability in a civil suit, the court may require that such child shall make restitution or reparation to the injured person to such an extent, in such a sum, and upon such conditions as the court shall determine. Civil restitution to injured person. Section XXV. Whenever, in the course of any proceedings instituted under this law, it shall appear to the said court that a parent, guardian or person having the custody, control or supervision of any delinquent or neglected child, or any other person, has knowingly or wilfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect, or has knowingly or wilfully done any act or acts to directly produce, promote, or contribute to the conditions which render such a child delinquent or neglect

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the court shall have jurisdiction in such matters, and shall cause such parent, guardian, or other person, as the case may be, to be brought before it, upon either a summons or a warrant for such order in the premises as the court may see fit to make. The court shall have full power to hear and determine said matter against such parent, guardian, or other person, in the manner provided by law, for the trial of misdemeanors, and upon conviction such parent, guardian, or other person may be tried and punished as provided by law in cases of misdemeanor. Contribution to delinquency, or neglect. Procedure. Punishment. Section XXVI. The court shall have the power to devise rules and regulate the procedure for cases coming within the provisions of this law, and for the conduct of all probation and other officers of this court under this law, and such rules shall be enforced and construed beneficially for the remedial purposes embraced therein. Rules and regulations. Section XXVII. The Board of Commissioners of Roads and Revenues of Polk County shall furnish at the expense of Polk County such record books and other supplies as may be required under this law. Books and supplies. Section XXVIII. All provisions of laws inconsistent with or repugnant to this law shall be considered inapplicable to the cases arising under this law. Inconsistent laws. Section XXIX. Be it further enacted by the authority aforesaid, that Section 33 of said Act approved November 18, 1901, which reads as follows: Sec. 33 amended. Be it further enacted, That the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the terms thereof shall apply to the City Court of Polk County, unless otherwise provided in this Act; provided, that in cases in which no defense or plea is filed on the second day of the first term, or such defense or plea shall be stricken by the court, a judgment may be rendered by the court, or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court, be and the same is hereby amended by adding at the end of said Section 33 the following:

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Provided, that in cases in which no defense is filed on or before the second day of the first term, and no judgment has been previously rendered or verdict taken, the default may be opened at any time within ten days after the second day of the first term, by payment of all court costs accrued in the case up to that time and the filing of a meritorious defense or plea; and if judgment has been previously rendered or verdict taken while the case is in default, for good cause shown the court may set aside such judgment or verdict and allow a meritorious defense or plea to be filed, provided the motion to set aside such judgment or verdict and to open the default, together with an order of the court fixing the time for hearing such motion, is filed within ten days after the second day of the first term; provided further, that a copy of such motion to set aside or vacate the judgment or verdict and to open the default, together with a copy of said order of the court, shall be served on the plaintiff in the case or on the plaintiff's counsel of record, within two days after the filing of such motion. A copy of the defense or plea to be filed, in the event the default is opened by the court, shall be served on the plaintiff for his attorney of record at the time of serving said copy of the motion and the order of the court thereon. So that said Section 33, as amended, will read as follows: Be it further enacted, that the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the terms thereof shall apply to the City Court of Polk County, unless otherwise provided in this Act; provided, that in cases in which no defense or plea is filed on the second day of the first term, or such defense or plea shall be stricken by the court, a judgment may be rendered by the court, or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Provided, that in cases in which no defense is filed on or before the second day of the first term, and no judgment has been previously rendered or verdict taken, the default may be opened at any time within ten days after

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the second day of the first term, by payment of all court costs accrued in the case up to that time and the filing of a meritorious defense or plea; and if judgment has been previously rendered or verdict taken while the case is in default, for good cause shown the court may set aside such judgment or verdict and allow a meritorious defense or plea to be filed, provided the motion to set aside such judgment or verdict and to open the default, together with an order of the court fixing the time for hearing such motion, is filed within ten days after the second day of the first term; provided further, that a copy of such motion to set aside or vacate the judgment or verdict and to open the default, together with a copy of said order of the court, shall be served on the plaintiff in the case or on the plaintiff's counsel of record, within two days after the filing of such motion. A copy of the defense or plea to be filed, in the event the default is opened by the court, shall be served on the plaintiff or his attorney of record at the time of serving said copy of the motion and the order of the court thereon. To read. Terms of court, procedure. Section XXX. Be it further enacted by the authority aforesaid, that said Act approved November 18, 1901 and all Acts amendatory thereof, be, and the same are hereby, amended, by providing that only such laws and rules that were applicable in said court on December 31, 1946 (except as provided in Section 29 of this amending Act) governing procedure, pleading, practice, filing and hearing of pleadings and service of summons and process, in said court, shall be applicable in said court after the passage and approval of this amending Act. Laws and rules [Illegible Text]. Section XXXI. Be it enacted by the authority aforesaid, that Section 4 of an Act approved July 23, 1931 amending said Act approved November 18, 1901, and all subsequent Acts amending said Act approved November 18, 1901, which Section 4 of said amending Act reads as follows: Be it further enacted, that the judge of said court now under appointment shall hold office until 31st day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, State-house officers, and members of the General Assembly, held on the

Page 699

first Wednesday in October, and under the general laws of the State governing such general elections; the first election for such judge to be held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the City Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the City Court of Polk County shall receive a salary of twenty-five hundred dollars per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office, be, and the same is hereby amended by striking the words twenty-five as they appear in line 24 of said Section 4, and substituting in lieu thereof the words thirty-six, and by adding at the end of said Section 4 the following sentence: Said judge may hold any Federal, State, County or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said City Court; so that said Section 4 of said amending Act approved July 23, 1931, when thus amended, shall read as follows: Sec. 4, act of 1931, amended. Judge's salary increased. Holding of office, tenure elections. Be it further enacted, that the judge of said court now under appointment shall hold office until 31st day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, State-house officers, and members of the General Assembly, held on the first Wednesday in October, and under the general laws of the State governing such general elections; the first election for such judge to be held on the first Wednesday in October, 1910, or upon such

Page 700

date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, towit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the City Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the City Court of Polk County shall receive a salary of thirty-six hundred dollars per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. Said judge may hold any Federal, State, County or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said City Court. Vacancies. Section XXXII. Be it further enacted by the authority aforesaid, that this Act shall go into effect immediately upon its passage and approval. Section XXXIII. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with or inconsistent with this Act be, and the same are hereby, repealed. Approved March 26, 1947. FIRE DEPARTMENT CIVIL SERVICE IN CERTAIN CITIESAMENDMENT. No. 166 (Senate Bill No. 110). An Act to amend an Act approved March 23, 1937 (Georgia Laws, 1937, p. 594-604) 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

Page 701

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 so as to authorize the governing authorities of such cities to pass appropriate ordinances to regulate promotions and transfers and to provide for the efficiency operation of the department; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act 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, be amended in the following particulars: Act of 1937 amended. Section I. Section 3 of said Act is amended to read as follows: Sec. 3 to read. The classified civil service provisions of this Act shall include all full paid employees as specified in Section 1 of this Act of the fire department of each town, city, municipality coming within its purview, except the Chief of said department. Said Board of Fire Masters shall have authority to promulgate rules and regulations providing for eligibility and examination of all applicants for positions as firemen, fire alarm and maintenance employees and shall have authority over holding examinations relative to the mental and physical fitness of all applicants, and those applicants passing the examination, which is to be held by the board, shall be placed upon the eligible list. It shall be the duty of the Chief of the Fire Department to appoint those whose names appear on said eligible list in accordance with their ratings, rank and priority on said list. All promotions in said department shall be solely on merit, efficiency, and fitness which shall

Page 702

be determined by the chief of such fire department. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this Act. The governing authorities of such cities shall nevertheless have the power and authority to pass all appropriate ordinances relating to the regulation and operation of such fire department. Employees included. Procedure. Rules and regulations. Promotions, discharges, etc. Section II. Section 8 of said Act is amended by adding at the end thereof the following sentences: Sec. 8 amended. The requirements of this particular section may be waived by the governing authorities of such cities or by the Board of Fire Masters having supervision of such fire department, when no competent person with the required service is found to fill an existing vacancy. All such promotions shall be made by the chief of the fire department. so that said section, when amended, shall read as follows: No person shall be eligible to be appointed for lieutenant until he has served three years as a member of said department and no person shall be eligible for appointment for captain until he has served three years as a lieutenant in said department, and no person shall be eligible for appointment as assistant chief until he has served three years as captain in the said department and no person shall be eligible for chief until he shall have served ten years in said fire department. The requirements of this particular section may be waived by the governing authorities of such cities or by the Board of Fire Masters having supervision of such fire department, when no competent person with the required service is found to fill an existing vacancy. All such promotions shall be made by the chief of the fire department. To read. Waiver by authorities. promotions, vacancies. Section III. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 26, 1947.

Page 703

CIVIL SERVICE AND PENSION SYSTEMSEXTENSION IN CERTAIN CITIES. No. 167 (Senate Bill No. 111). An Act applicable to cities having more than 250,000 people according to any previous or future Federal decennial census providing that any such cities shall be enlarged by the extension of their corporate limits, shall provide civil service status and pensions for the employees of such areas performing the duties of firemen, school teachers and any other municipal service within such annexed territory, to regulate the transfer of such employees from pension funds of any counties to the respective pension funds of such cities, to provide that such employees shall receive civil service protection in the matter of seniority rights and other benefits of such applicable civil service systems of such cities, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section I. That the terms and provisions of this Act shall apply to all cities in the State having a population of more than 250,000 according to any past or future Federal Decennial Census, to the governing authorities of such cities and to any and all pension boards and Civil Service Boards of such cities. Cities where applicable Section II. That whenever the corporate limits of any such city shall be extended so as to include territory outside of such city in which there is now located public schools, fire engine houses or any other essentially municipal facility, the employees of any county in which such city is located, engaged in service within the annexed territory, shall, upon such annexation, become and be employees of such city. Employees [Illegible Text] new [Illegible Text] territory Section III. Thereupon, such employees shall be entitled to and shall receive the protection of any Civil Service law applicable to the particular service and shall enjoy the same seniority rights that their position merits under the existing Civil Service Rules of any such city. Protection by Civil Service law.

Page 704

Section IV. That all such employees so transferred to such municipality shall be and become members of the pension system applicable to such service existing in such cities upon payment into the pension fund provided for such service in such cities, any amount which may be received by them from the pension fund of such county, upon withdrawal from such protection and such employees shall thereupon be entitled to full credit for all time served in such county as though they were employed originally by such city. Members of pension system. Section V. It is declared to be the purpose of this Act that all employees of the county engaged in existing governmental services peculiar to municipalities, such as schools, fire stations, and other similar municipal services, shall become, upon annexation to any such city, a regular employee of such city and entitled to credit for services rendered in connection with pensions or other services for all the time served in the employment of such county as though they were, during said time, employed by such city. Purpose of Act. Section VI. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1947. LICENSE FEES AND RULES FOR TAXICABS, ETC., IN CERTAIN COUNTIES. No. 168 (Senate Bill No. 112). An Act to provide that all counties in this State having a population of 300,000 or more inhabitants according to the United States Census of 1940, or any future United States Census, shall have power and authority, by action of the Board of Commissioners of Roads and Revenues thereof or other County authority having charge of the roads and revenues thereof, to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of buiness in any area of said counties not embraced within the incorporated limits of municipalities, and to make rules and regulations concerning the businesses of taxicabs and cars for hire in such unincorporated

Page 705

areas, and, for the purpose of assessing license fees or charges, to classify businesses and business enterprises, and to assess different license fees and charges against different classes of business, and to make rules and regulations governing the operation of businesses in such unincorporated areas, violation of any of which shall constitute a misdemeanor; and to provide that failure to pay any license fee or charge prescribed for any business shall constitute a misdemeanor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section I. All counties in this State having a population of 300,000 or more inhabitants according to the United States Census of 1940, or any future United States Census, shall have and are hereby given the power and authority to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of business in any area of said counties not embraced within the incorporated limits of municipalities, and to make regulations concerning the businesses of taxicabs and cars for hire in such unincorporated areas, such power and authority to be exercised, if exercised, and such regulations, if made, to be made by the Board of Commissioners of Roads and Revenues of such county or other county authority having charge of the roads and revenues thereof. For the purpose of assessing and collecting license fees or charges, all of such counties, by resolution of said Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues thereof, shall have the power to classify businesses and business enterprises and to assess different license fees and charges against different classes of business. As an exercise of the police power, such counties, by resolution of said Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues thereof, shall have the power to make rules and regulations governing the operation of businesses in the aforesaid unincorporated areas. Violations of any such regulations, or failure to pay any license fee or charge prescribed for any business, shall constitute a misdemeanor punishable upon conviction thereof

Page 706

as provided by the general laws of this State providing misdemeanor punishment. Counties where applicable. License fees, etc., in unincorporated areas, taxicabs, etc. Authority of Commissioners. Procedure. Violations, punishment. Section II. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. BARNESVILLE CORPORATE LIMITS ENLARGED. No. 169 (Senate Bill No. 118). An Act to amend an Act of the General Assembly of Georgia approved December 11th, 1871 (Acts of 1871-2 page 89), which was an Act to confer additional powers upon the corporate authorities of the Town of Barnesville, now City of Barnesville, then in Pike County, now Lamar County and define its incorporate limits, and the several acts amendatory thereof, by changing, enlarging and extending the corporate limits of the said City of Barnesville and to prescribe new corporate limits of said City of Barnesville by the incorporation of additional and contiguous territory; to prescribe the effective date of this Act; and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the said Act of the General Assembly of Georgia approved December 11th, 1871 (Acts of 1871-2, page 89) and the several Acts amendatory thereof, be amended by changing, enlarging and extending the corporate limits of the City of Barnesville, in the county of Lamar, by adding to and including within the corporate limits of said City of Barnesville such additional and contiguous territory included in the following described property as is not now in the City of Barnesville: Amended act of 1871 amended. Limits enlarged. All that certain tract or parcel of land situate, lying and being in the Seventh (7th) Land District of Lamar County, Georgia, and the greater portion of which is within the city limits of The City of Barnesville, containing three hundred fifteen (315) acres, more or less, and more particularly described as follows: Description.

Page 707

Beginning at the intersection of East Street and Stafford Avenue in the City of Barnesville at a point designated as Pin No. 1, and running in a northerly direction along East Street eleven hundred sixty (1160) feet to the intersection of East Street and Holmes Street at a pin designated as Pin No. 2; thence in an easterly direction along Holmes Street a distance of twenty-one hundred eighty-six (2186) feet to an iron pin designated as Pin No. 3; thence due south a distance of twenty-five hundred (2500) feet to Pin No. 4; thence due east a distance of twenty-three hundred twelve (2312) feet to Pin No. 5; thence due south a distance of twenty-two hundred forty (2240) feet to Pin No. 6; thence due west a distance of twenty-three hundred twelve (2312) feet to Pin No. 7; thence due north a distance of nine hundred forty (940) feet to Pin No. 8; thence west a distance of eight hundred (800) feet along a tortuous ditch to Pin No. 9; thence west by southwest at an angle of ten and one-half (10) degrees along a fence row a distance of four hundred sixty (460) feet to Pin No. 10; thence north by north-west at an angle of nineteen (19) degrees along a line ditch a distance of eleven hundred forty (1140) feet to Pin No. 11; thence due north a distance of seven hundred ten (710) feet to the middle of a branch; thence east a distance of fifty (50) feet; thence north a distance of seventeen hundred forty-five (1745) feet along East Street to the point of beginning. This is the property, consisting of approximately 315 acres, conveyed by J. Q. Nash to Trustees for the Establishment of an Industrial and Agricultural College in the Sixth Congressional District of Georgia on January 19, 1907, recorded on February 2, 1907, in Deed Book No. 4; pages 131-2, in the office of the Clerk of the Superior Court, Pike (now Lamar) County, Georgia, and by the Regents of the University System of Georgia to the City of Barnesville on June 19, 1935, and being the 315 acres described in paragraph (a) of deed from Regents, etc. to the City of Barnesville dated May 14, 1946 and recorded in Deed Book 20, page 27-31 in records of Lamar County, Georgia. Section II. Be it further enacted by the authority aforesaid

Page 708

that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 26, 1947. CEDARTOWN CHARTER AMENDMENTS. No. 170 (Senate Bill No. 119). An Act to amend an Act approved March 29, 1937, entitled An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government, with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, and all Acts amendatory thereof, by fixing and defining the corporate limits of the City of Cedartown and extending same so as to include additional territory south of and adjacent to the present corporate limits of said City; by eliminating the division of said City into wards; by empowering the City Commission of said City, for the purpose of raising revenue for the operation and maintenance of said City Government, to levy and collect a tax not exceeding ten per cent of the gross revenues of all amusement shows, amusement houses, amusement companies, amusement games, amusement devices, and all other amusements, in said City, and to impose penalties for failure to pay such tax; by amending Section 47 of the Charter of said City (Acts of General Assembly of 1937, page 1625), by providing that, effective from and after the year 1947, the owners of properties within the corporate limits of said City shall make returns thereof to the Secretary of said City Commission on or before the first day of May of each year of all property subject to taxation owned by them on the first day of April of each year, and to provide a penalty for failure to make such returns; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same,

Page 709

Section I. That section 1-B of an Act of the General Assembly of Georgia approved January 30, 1946 (Georgia Laws 1946, pages 413 et seq.) amending said Act approved March 29, 1937, which said section 1-B reads as follows: 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, 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

Page 710

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 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

Page 711

(2,461) feet; running thence S. 2 degrees 30 minutes E. a distance of 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 eighty (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 shall be ratified by act of the General Assembly of Georgia, be, and the same is hereby, amended by adding a

Page 712

new section to be known as Section 1-C, which new section shall read as follows: Sec. 1-B, acts of 1937 and 1946, amended. Section 1-C. In addition to the territories now comprising the City of Cedartown, Georgia, from and after the passage and approval of this Act, the following territory to be known as Territory No. 5, lying adjacent to the present corporate limits of said city, shall be annexed to the City of Cedartown, to wit: `That certain tract of land particularly described as beginning at the south-east corner of Territory No. 3 of said City, and running thence south 84 degrees east a distance of one thousand two hundred seven (1207) feet, more or less, and to a point which is seven hundred eighty-three (783) feet east of the center line of the Cedartown-Youngs Station public road; running thence north 19 degrees west a distance of three thousand six hundred (3600) feet, more or less, to the southern boundary of Territory No. 1 of said city; running thence in a westerly direction on a curve with a radius of five thousand two hundred eighty (5280) feet to the west line of the right-of-way of the Central of Georgia Railway Company; running thence in a southerly direction along the west line of said railway company right-of-way to the point of beginning.' New sec. 1-C. Territory annexed. Description. Section II. Be it further enacted by the authority aforesaid, that, from and after the passage and approval of this Act, section 2 of said Act approved January 30, 1946 (Georgia Laws 1946, page 413 et seq.), which said section 2 reads as follows: 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: `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 intersects the west line of College Street; running thence westwardly along the south line of West Avenue and along the prolongation

Page 713

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 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

Page 714

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 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 west-wardly 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

Page 715

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 the prolongation eastwardly of the center line of Herbert Street and along the center line of Herbert Street and extension westwardly thereof, to the point of beginning, be, and the same is hereby stricken; so that, from and after the passage of this Act, the City of Cedartown shall not be divided into wards. Sec. 2 stricken. No division into wards. Section III. Be it further enacted by the authority aforesaid, that said Act approved March 29, 1937, be, and the same is hereby, amended, by adding thereto a new section to be known as Section 46-A and which shall read as follows: New sec. 46-A. Section 46-A. For the purpose of raising revenue for the operation and maintenance of the government of the city of Cedartown, Georgia, from and after the passage and approval of this Act, the City Commission of said City, in addition to the taxing powers heretofore conferred upon it, shall have full power and authority to impose and collect, by ordinance, a tax not exceeding ten (10%) per cent of the gross revenue of all amusement shows, amusement houses, amusement companies amusement games, amusement devices, and all other amusements, operated or carried on in said City, said tax to be collected by the person, firm, corporation, or association engaged in carrying on such amusements, from his, her or its patrons, and remitted to said City in such manner and at such times as shall be prescribed by proper ordinance of said City Commission; and if such tax is not collected by such person, firm, corporation or association engaged in carying on such amusements, from his, her or its patrons, such person, firm, corporation or association engaged in carrying on such amusements shall nevertheless

Page 716

pay said tax to said City on the gross income or receipts from such amusements. Said City Commission shall have full power and authority to adopt ordinances, rules and regulations for making this law effective and for the collection of such tax, and shall have full power and authority to adopt ordinances, rules and regulations to impose and collect penalties up to fifty (50%) per cent of any such taxes not collected or remitted to said City by such person, firm, corporation or association, within the time and in the manner prescribed by ordinance of said City Commission. Said City Commission shall have full power and authority to provide for the collection of such tax and penalties from any such person, firm, corporation or association failing to collect, pay or remit same within the time prescribed by ordinance of said City, by execution, levy and sale in the same manner as fines, forfeitures, assessments, other taxes, other claims, debts and demands due said City, are collected. Said City Commission shall have full power and authority to provide by ordinance, as authorized in Section 32 of said Act approved March 29, 1937, for the punishment of any person, firm, corporation or association failing to collect, remit or pay such amusement taxes, or for making, reporting or filing a false return of such taxes due the City of Cedartown. Said City Commission shall have full power and authority to examine or audit, or cause to be examined or audited, all books, records, tickets, reports and registers of said persons, firms, corporations or associations engaged in carrying on any of such amusements in said City. Tax on amusements. Penalties. Collection. Punishment. Section IV. Be it further enacted by the authority aforesaid, that, Section 47 of said Act approved March 29, 1937, which reads as follows: Be it further enacted by the authority aforesaid, that the owners of properties within the corporate limits of the City of Cedartown shall make returns thereof to the secretary of the commission on or before the first day of April of each year of all property subject to taxation owned by them on the first day of January of each year. It is further enacted by said authority that all license taxes assessed by said commission authorized to assess license taxes for said city, shall be due and payable

Page 717

on the first day of January of each year and unless paid by the first day of February thereafter, shall be subject to a penalty of 15% additional. The failure to pay said license tax, as herein provided, shall subject said party, firm or corporation to the penalties prescribed in Section 32 of this charter, be, and the same is hereby, amended by striking the word April in line five of said section, and by substituting in lieu thereof the word May, and by striking the word January in line six of said section, and inserting in lieu thereof the word April, so that said Section 47, when thus amended, shall read as follows: Sec. 47 amended. Be it further enacted by the authority aforesaid, that the owners of properties within the corporate limits of the City of Cedartown shall make returns thereof to the secretary of the commission on or before the first day of May of each year of all property subject to taxation owned by them on the first day of April of each year. It is further enacted by said authority that all license taxes assessed by said commission authorized to assess license taxes for said city, shall be due and payable on the first day of January of each year and unless paid by the first day of February thereafter, shall be subject to a penalty of 15% additional. The failure to pay said license tax, as herein provided, shall subject said party, firm, or corporation to the penalties prescribed in Section 32 of this charter. Tax returns, dates. License taxes, dates. Penalties. Section V. Be it further enacted by the authority aforesaid, that said Section 4 of this Act amending said Section 47 of said Act approved March 29, 1937, shall be effective from and after the calendar year 1947. Date effective. Section VI. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict or inconsistent with this Act, be, and the same are hereby, repealed. Approved March 26, 1947. PENSIONS TO FIRE DEPARTMENT MEMBERS IN CERTAIN CITIES. No. 171 (Senate Bill No. 120). An Act to amend an Act approved August 13, 1924 (Georgia Laws, 1924, Pages 167 to 173 inclusive) and all laws

Page 718

amendatory thereof 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 in such cities and for the other purposes recited in said Act so as to provide for transfers from one department of such cities to other departments therein; so as to provide for retirement after 25 years of service; to make the comptroller's records conclusive as to time served by the members of such departments; so as to make the decisions of the Board of Trustees reviewable by the courts; so as to provide additional pensions for each year of service over 25 years with a maximum of 35 years; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Georgia Laws 1924, pages 167 to 173 inclusive), providing for a pension to members of the Fire Departments in cities having a population of 150,000 according to the United States Census of 1920 and future census, be and the same is further amended as follows: Act of 1924 amended. Where applicable. Section I. That said Act, as amended, be further amended by adding thereto the following section: New section. Whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for the years of service in the department from which he has been transferred by paying into the pension fund of the department to which he is transferred the amount of premiums he would have paid into said fund if he had been a member of said department for the number of years he claims credit for service in the other department. Such transferred employee shall have the right to have transferred from the pension fund the amount he had paid into such fund. The rights given in this Act shall be effective as to the officers and employees who have transferred prior to this Act, as well as future transferees. This Act shall apply to all the pension funds

Page 719

of such city, namely the Policemen's Pension Fund, the Firemen's Pension Fund and the General Employees Pension Fund. Members transferred to other departments. Application to other pension funds. Section II. That Section 2 of said Act, providing for pensions after 25 years of active service, be amended to read as follows: Sec. 2 amended. Be it further enacted that any member of such fire department who is in active service at the time of the passage of this Act and whose name is on the payroll, and future members, may as a matter of right, retire from active service, provided he shall have served 25 years in active service at the time of his retirement. The time of service shall be determined from the payroll records in the Office of the City Comptroller. Who may retire. Section III. That Section 4 of said Act, as amended, providing for the amount of pensions is hereby amended by adding at the end thereof the following provision: Sec. 4 amended. Provided, however, that the amount of pension herein authorized shall be increased by 4% for each full year such member shall serve before retiring in excess of 25 years and not in excess of 35 years. Increased pension. Section IV. That said Act, as amended, be further amended by adding the following section at the end thereof: New section. The decision of said Board of Trustees granting or refusing a pension shall be subject to review by the Superior Court in an action at law, suit in equity, writ of certiorari as provided by general law for such writs or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this Act, as amended. Review of Board of Trustees decisions. Section V. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1947. ATLANTA CORPORATE LIMITS EXTENDED. No. 172 (Senate Bill No. 123). An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 and the several

Page 720

acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act 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 be and the same are hereby amended as follows: Amended act of 1874 amended. Section I. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all of the territory lying within the following boundary lines: Corporate limits extended. Beginning at a point on the present corporate limits of the City of Atlanta, same being in Stewart Avenue, S. W. where the southerly limits of Atlanta intersects the center line of same; thence southerly along the center line of Stewart Avenue to the southeast corner of land lot 104 of the Fourteenth District of Fulton County; thence westerly along the southerly line of land lot 104 of said district to a point of intersection with the present limits of the City of Atlanta in Sylvan Road; thence northerly, easterly and southerly along the present limits of the City of Atlanta to the point of beginning. Description. Section II. All the power and authority of the City of Atlanta under its present charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described, on the passage of this Act. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax-Assessors and Receivers, Tax Collectors, Marshal, Clerk of Council, Building Inspector, Recorder, and all officers of the City of Atlanta are extended to the new limits as fully

Page 721

and completely as they now exist within the former limits and under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for payment of such bonds equally with the other territory of the City of Atlanta. Powers and authority of City, etc., extended to new territory. Section III. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. MARION COUNTY SHERIFFADDITIONAL COMPENSATION. No. 173 (Senate Bill No. 129). An Act to authorize and direct the governing authorities of the County of Marion in charge of the finances thereof, to pay to the Sheriff of said County the sum of $50.00 per month in addition to the fees and compensation now authorized by law; to repeal all conflicting laws; and for other purposes. Section I. 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 governing authorities of the County of Marion having in charge the finances thereof, be and the same is hereby authorized and directed to pay to the Sheriff of said County the sum of $50.00 per month, payable monthly, in addition to the fees and compensation now authorized and allowed by law. Additional compensation. Section II. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. BRANTLEY SUPERIOR COURT TERMS. No. 174 (House Bill No. 34). An Act to provide for holding four terms a year of the Superior Court of Brantley County: To prescribe the time

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for holding the same: To Prescribe when and how grand juries shall be required to attend said court: To repeal conflicting laws: and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be held in each year, four terms of the Superior Court for the County of Brantley in the Waycross Judicial Circuit of the State. Four terms each year. Section II. Be it further enacted that the terms of said court shall be held on the third Monday in January, first Monday in April, second Monday in September and fourth Monday in November of each year. When held. Section III. Be it further enacted that the Judge of said Court shall only draw a grand jury for the January and September Terms of said Court. Drawing grand jury. Section IV. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 26, 1947. LYERLYELECTION AND TERM OF TOWN OFFICIALS. No. 175 (House Bill No. 43). An Act to amend Sections 2 and 3 of an Act approved September 29, 1891, incorporating the Town of Lyerly, in Chattooga County, State of Georgia, Georgia Laws 1890-91, pp. 814-816, as amended by an Act approved December 19, 1898, Georgia Laws 1898, pp. 220-221, so as to provide that the election of town officials shall be held on the second Monday in January, 1948, and every two years thereafter; and so as to provide that the term of office of Mayor and Council of said town shall be 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 Section 2 of the Act approved September

Page 723

29, 1891, Georgia Laws 1890-91, pp. 814-816, being an Act to incorporate the Town of Lyerly, in Chattooga County, State of Georgia, as amended be and said Section of said Act is hereby amended by striking from line 1 and 2 the following language: That on each and every second Monday in January, after passage of this Act and by adding in lieu thereof: That on the second Monday in January, 1948, and on the second Monday in January every two years thereafter so that said Section when so amended shall read as follows: Acts of 1891 and 1898 amended. Sec. 2. Sec. II. Be it further enacted, That on the second Monday in January, 1948, and on the second Monday in January every two years thereafter an election shall be held in said town of Lyerly at such place in said town as the managers may appoint for a mayor and five councilmen, at which election all the citizens residing within the corporate limits of said town of Lyerly, and who shall have resided there for thirty days next previous to said election, and who are entitled to vote for members of the General Assembly of this State shall be entitled to vote for mayor and councilmen. Said election shall be conducted under the same rules and regulations as are elections for members of the General Assembly, the polls to be opened and closed as at county precincts. Town officials. Elections. Dates. Section 2. That Section 3 of the Act approved September 29, 1891, Georgia Laws 1890-91, pp. 814-816, being an Act to incorporate the Town of Lyerly in Chattooga County, in Chattooga County, State of Georgia, as amended, be and the same is hereby amended by striking from line 12 of said Section 3 of said Act the word one and by inserting in lieu thereof the word two so that the term of the Mayor and Councilmen of said Town of Lyerly shall be for two years, and so that said Section 3 of said Act when so amended shall read as follows: Sec. 3. Sec. III. Be it further enacted, That the certificate of the managers of the election shall be proof of election; that before entering upon the duties of their office the mayor and councilmen shall take and subscribe an oath to faithfully discharge his duties as an officer of said town; that all contested election cases shall be heard before the managers of the election under such rules as may be

Page 724

prescribed by the mayor and councilmen, and all vacancies in the Board of Mayor and Councilmen occurring between the regular annual election by the people shall be filed by the remaining members of the board. The term of office of mayor and councilmen, except when elected to fill an unexpired term, shall be for two years, and until their successors are elected and qualified. Procedure after election. Term of office lengthened. Section 3. The Mayor and Council of the Town of Lyerly which were elected on January 13, 1947, shall hold office until the election to be held on the second Monday in 1948. Thereafter the mayor and council of the Town of Lyerly shall hold office for a period of two years. Present and future holding of office. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. WARRENTON CITY OFFICERSSALARY INCREASES. No. 176 (House Bill No. 82). An Act to amend an Act entitled The Act incorporating the town of Warrenton, Georgia, approved December 12, 1859, and various amendatory Acts thereof, and the Amendment thereto approved December 5, 1899, by adding a new section to the Act of December 5, 1899, provide for a salary of ($5.00) five dollars per month to the members of the Council or Commission of the City of Warrenton, Georgia, for each regular monthly meeting that such member of Council attends; and to amend section two of the amendatory act of December 5, 1899, by changing the salary of the Mayor of the City of Warrenton, Georgia from $100.00 per annum to the sum of $300.00 per annum; (to submit the above two changes in the Charter of the City of Warrenton, Georgia to the citizens of the City of Warrenton, Georgia, by referendum); and for other purposes. Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia, that the charter of the City of Warrenton, Georgia, as approved December 12, 1859,

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and amended by Act approved December 5, 1899, be and the same is hereby amended by striking the figures of ($100.00), one hundred dollars per annum, in Section 2 of the Act approved December 5, 1899, and substitute in lieu thereof the figures ($300.00), three hundred dollars per annum, so that, said section when amended will read as follows: Acts of 1859 and 1899 amended. Section 2. Said Mayor shall be ineligible to said office after four years, or two terms; shall be and is hereby constituted chief executive of said town and shall be paid a salary of ($300.00) three hundred dollars per annum; he shall see that all laws and ordinances of said town are observed and faithfully carried out and executed; he shall examine and audit all accounts against said town before payment; he shall have power to convene the council together at any time the emergency of the case requires it, or in his judgement it is necessary. Sec. 2. Mayor. Salary increase. Duties, power. Section 2. Be it and it is hereby enacted by the General Assembly of the State of Georgia that the Act amending the Charter of the City of Warrenton, Georgia, approved December 5, 1899 is hereby amended by adding a new section to be known as Section 16 (a) The members of the City Council, or the Commissioners of the City of Warrenton, Georgia, by whatever name called, shall be paid ($5.00) five dollars per month for each regular meeting of the City Council as City Commissioners that such Councilman, or Commissioner of the City of Warrenton, Georgia attends. New sec. 16(a). City Council or Commissioners. Compensation. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. ALBANY CHARTER AMENDMENTS. No. 177 (House Bill No. 97). An Act to amend the Act creating and establishing a new Charter for the City of Albany, approved August 18, 1923, by striking section 2 of said Act, as amended, defining the corporate limits of said city and providing the boundaries of the various wards and inserting in lieu thereof a new description of the territory to be included within the corporate

Page 726

limits of the City of Albany; to define the Police Limits; and to define the territory to be included within the various wards of the City of Albany; also by amending section 3 of said Act by providing for a Mayor Pro Tem and by providing that the Commissioners from each of the wards shall be elected from the city at large by all the voters of the city; by providing the effective date of the changes, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That the Act approved August 18, 1923, (Ga. Laws 1923, pp. 370-418) as amended, creating and establishing a new charter for the City of Albany be and the same is hereby amended by striking Section (2) Two of said Act, as amended, and inserting in lieu thereof a new section to read as follows: Act of 1923 amended. Sec. 2 stricken. Section 2. The corporate limits proper of the City of Albany shall be as follows, to wit: Beginning at a point on the East side of a public road commonly known as the River Road where the same is intersected by the South line of Land lot 335, First District, Dougherty County, Georgia; thence run South along the East of said River Road 647 feet; thence run North 87 and 30 minutes East 1,700 feet; thence run South 2 and 30 minutes East 700 feet; thence run North 87 and 30 minutes East 856 feet more or less to the East low water line of Flint River to a monument; Beginning again at the point where the South line of Land Lot 335, First District, Dougherty County, Georgia intersects the East side of public road commonly known as the River Road; thence run South 87 and 30 minutes West along the South side of Land Lot 335 a distance of 5,045 feet more or less to the West side of Harding Street projected South; thence run North 1 and 30 minutes West along the West side of Harding Street projected South 3,171 feet to the South side of Gordon Avenue; thence run South 87 and 30 minutes West along the South side of Gordon Avenue and Gordon Avenue projected West 6,043 feet more or less to the West side of Magnolia Street in Avalon Subdivision; thence run North 3 and 30 minutes West 12,685 feet to a corner stone; thence run North 87 and 30

Page 727

minutes East 15,130 feet more or less to the East low water line of the Muckafoonee Creek; thence run in a Southeasterly direction along the East low water line of the Muckafoonee Creek to the low water line of the West side of Flint River; thence run North 87 and 30 minutes East 300 feet more or less to the East line of the low water mark of Flint River; thence run in a Southerly direction along the East line of the low water mark of Flint River to a point where the same is intersected by the North line of Roosevelt Avenue projected East; thence run North 87 and 30 minutes East along the North side of Roosevelt Avenue projected East 9,180 feet more or less to the East line of Land Lot 231, First District, Dougherty County, Georgia; thence run South 1 and 30 minutes East along the East line of Land Lot 231 and Lot 230, 3,849 feet more or less to the North side of Fourth Avenue in Isabella Heights projected East; thence run South 87 and 30 minutes West along the North side of Fourth Avenue and Fourth Avenue projected East 1,414 feet more or less to the East right of way line of the Georgia Northern Railway; thence run in a Northwesterly direction along the East right of way line of the Georgia Northern Railway 700 feet more or less to a point where the North side of Whitney Avenue projected East intersects the said East right of way line of the Georgia Northern Railway; thence run South 87 and 30 minutes West along the North side of Whitney Avenue projected East 7,956 feet more or less to the East low water line of Flint River; thence run in a Southerly direction along the East low water line of Flint River to a monument first described above; provided, that for the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree the public health, peace, good order, safety or morals, and over persons offending against the laws or city ordinances relative thereto, the corporate limits proper, as above defined, are hereby extended for a distance of one-half mile in every direction from said corporate limits proper, and within said extended corporate limits the power and authority to exercise such police power and authority is hereby vested in and conferred upon the Board of City

Page 728

Commissioners of said City, and all valid ordinances of said city heretofore or hereafter enacted, relative to or covering said offenses, matters or things or said offending person, shall become and be operative and of full force and effect in and through the territory within said extended corporate limits, and said territory shall be known as the city's Police Limits, and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said City in the enforcement of said ordinances to make arrests, or execute warrants or other process of the city within said territory, and to make arrests therein for the violation of any State law relative to said offenses, matters, or things, or offending persons, and all summonses, subpoenas, warrants and writs issued by authority of said city shall be operative and have full force and effect in the said territory. New section. Corporate limits described. Police limits. Power in territory. That the limits of the City of Albany, for police purposes only, be and the same are hereby extended so as to include supervision and control over the properties of said City, including its waterworks system without the limits of the City. The jurisdiction of the Police Court shall include power over offenses, matters or things effecting any of the City's properties, including its waterworks system without the limits of the City. Extension over properties of City. Police Court, jurisdiction. The city proper shall be divided into wards as follows: City Wards. The First Ward shall include all that part of the City of Albany lying east of Flint River and known as East Albany. The Second Ward shall include all that part of the City of Albany lying South of the center of Flint Avenue and Flint Avenue extended, east of the center of Slappey Drive to the Flint River. The Third Ward shall include all that part of the City of Albany lying North of the center of Flint Avenue east of the center of Monroe Street to the Flint River. The Fourth Ward shall include all that part of the City of Albany lying North of the center line of Flint Avenue and Flint Avenue extended West of the center of Monroe Street to the Center of Slappey Drive.

Page 729

The Fifth Ward shall include all that part of the City of Albany lying West of the center of Slappey Drive. Section II. Be it further enacted by the authority aforesaid that said Act, as amended, be further amended by striking Section Three (3) of said Act, as amended, and inserting in lieu thereof a new section reading as follows: Sec. 3 stricken. Section 3. The municipal government shall consist of a Mayor, who shall be also a member of the Board of City Commissioners, and shall be elected from the City at large by all the voters of said City; a Mayor Pro Tem, who shall be also a member of the Board of City Commissioners, and shall be elected from the City at large by all the voters of said City; one commissioner from each of the five wards of the City as said Wards now or may hereafter exist, all of whom shall be elected from the City at large by all the voters of said City. All of said Commissioners, including the Mayor and Mayor Pro Tem, shall hold office for a term of two years from the second Monday in January in each year next following the dates of their election, and until their successors are elected and qualified. New section. City Officials. Election, term. The first election under the terms of this Act shall be held on the first Monday in December, 1948, at which time Commissioners from the Second, Third and Fifth Wards shall be elected. An election shall be held on the first Monday in December, 1949, at which time a Mayor, Mayor Pro Tem, and Commissioners from the First and Fourth Wards shall be elected. On the first Monday in December in each year thereafter an election shall be held hereunder for the election of Commissioners to succeed those whose terms will expire on the second Monday in January next after said election. All of said elections to be under existing charter regulations of the City of Albany which are hereby continued in full force and effect. Elections. Said Board of City Commissioners shall be the supreme governing body of the City of Albany, exercising all privileges herein conferred upon the corporation, unless otherwise specifically delegated. Board of City Commissioners. Election of members of the Board of City Commissioners

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shall be by vote of the people under the election regulations hereinafter prescribed. Election. No person shall be eligible to represent any Ward unless he has been a bonafide resident thereof at least three months prior to the election at which he offers himself as a candidate. If any Commissioner shall remove his domicile from his Ward during his term of office, this shall operate to cause a vacancy in the office of Commissioner from that Ward. The Mayor and Mayor Pro Tem may reside in any Ward. Eligibility of officials. Vacancies. Each member of said Board of City Commissioners shall have been a resident of the City of Albany, or a resident of any new area taken into the City, for a period of two years immediately prior to the date as of which he is entitled to qualify; at least twenty-one years of age, and shall continue a bona-fide resident of Albany during his term of office. Commissioners. A vacancy (which shall exist in cases of death, removal from the City or Ward as hereinbefore provided, resignation, unexcused absence from Board meetings, as hereinafter provided) occurring on the said Board, shall be filled for the unexpired term at an election by the Mayor and remaining members of said Board, at least four members participating in the election, provided, at the time of such vacancy it is not exceeding six (6) months before the expiration of said Commissioners' term of office. If however, said unexpired term is longer than six (6) months from the date of such vacancy, the Board shall, within fifteen (15) days, order an election, and such election shall be held and managed in the same manner as hereinafter provided for said elections, at which special election a successor for the unexpired term caused by said vacancy shall be elected. Filling vacancies. The Board of City Commissioners shall organize on the second Mondays in January of each year. At the organization's meeting on the second Mondays 1950, and on the second Monday in January every two years thereafter, shall by resolution declare the Mayor and Mayor Pro Tem elected from the City at large by the votes of said City, to be the Mayor and Mayor Pro Tem respectively of

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said City of Albany for a term of two years, and until their respective successor is elected and qualified. Board of Commissioners. Organization. Mayor and Mayor Pro Tem. The Mayor shall preside at all meetings of the Commission, and in addition to all other duties heretofore given him or imposed upon the office of mayor by charter authority of the General Assembly of Georgia, and/or municipal ordinance of the Board of City Commissioners of the City of Albany, Georgia, shall have a voice in all proceedings before the board, and shall have a vote in each and all matters and proceedings whatsoever, but no veto. He shall have all rights, powers and privileges now or hereafter conferred by law, charter, or valid municipal ordinance as said Mayor and/or Commissioner. Whenever from any cause the Mayor shall be absent the Mayor Pro Tem shall act. The Mayor Pro Tem shall have a voice in all proceedings before the Board, and shall have a vote in each and all matters whatsoever. Mayor's duties and powers. Mayor Pro Tem's duties. In the event that a member of the Board of City Commissioners shall be elected Mayor the first Monday in December, 1949, or at any election for Mayor thereafter, shall resign the said position as such Commissioner so held within 30 days after being elected Mayor-Commissioner, as aforesaid. Mayor-Commissioner. The Mayor shall be recognized as the official head of the City by the courts for the purposes of service of process and by the Governor and Federal authorities, for military and ceremonial functions. Mayor, functions. In time of danger or emergency the Mayor may, with consent of two Commissioners, take command of the police and govern the City by proclamation and maintain order and enforce laws. Emergency. Each member of said Board of City Commissioners shall receive a salary of not exceeding six hundred ($600.00) dollars per annum, but the Mayor shall receive a salary not exceeding twelve hundred ($1200.00) dollars per annum, said salaries to be fixed by ordinance, payable in monthly installments on the first day of each month. Salaries. All appointments and elections by the Board of City Commissioners shall be viva voce and the vote recorded

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on the minutes of the Board. The commission may determine its own rules of procedure, and shall have power to punish by execution and attachment for contempt of the Board in a penalty not to exceed fifty dollars ($50.00) or confinement in the City's prison or guardhouse not exceeding thirty (30) days, either or both in their discretion and may coerce the payment of said fines by imprisonment, and in this connection to pass all ordinances necessary in the premises, and shall have the power to adopt parliamentary rules for the conduct of business, and the Board shall keep minutes of the proceedings of and before said Board; a majority of the Board shall constitute a quorum to do business, but less than a majority may adjourn a meeting to a future day certain. Board of Commissioners. Procedure. Powers. All valid ordinances of the City of Albany existing and in force at the date upon which this Act takes effect with reference to procedure before the Mayor and Council shall continue to force and apply where applicable to procedure before the Board until by the Board altered or repealed. Each commissioner shall before qualifying and entering upon the discharge of his duties take and subscribe upon the minutes of the Board the following oath, to wit: Procedure ordinances to remain in force. I do solemly swear that I will faithfully and uprightly demean myself as a member of the Board of City Commissioners of the City of Albany during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of the City, and that I will not willfully and knowingly use or be the cause of using tyrannical means toward any citizen or portions of citizens of the City, so help me God. Commissioner's oath. The Board of City Commissioners shall provide by ordinance for the impeachment and trial of any member of the Board, who upon conviction of malpractice in office or any wilful neglect or abuse the powers and duties of the same shall be dismissed from office. Reasonable notice and fair hearing shall be given the accused. Impeachment. The Mayor or any member of the Commission, or the City Manager may call a special meeting of the Commission at any time upon twelve (12) hours written notice of the call to each member, such notice to be served

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in person or left at the member's residence or place of business, or a special meeting may be had at any time, provided all the members attend or answer the roll call. All meetings of the Board of City Commissioners shall be public and any citizen may have access to the minutes of the Board and other municipal records at all reasonable times; for each absence of a Commissioner from the regular meeting of the Commission there shall be deducted from the pay of such Commissioner a sum equal to 2 percent of the annual salary of the Commissioner. Absence from five consecutive regular meetings shall operate to vacate the office of a Commissioner unless absence is excused by the Commission by resolution setting forth the reason thereof and entered upon the minutes of the Board. Special meetings. Provisions as to meetings. Absences. On the second Monday in January, 1950, the Board of City Commissioners shall elect (1) a City Manager, (2) a City Attorney, (3) a City Clerk and City Treasurer (which offices of City Clerk and Treasurer shall be performed respectively by one and the same person), (4) a Chief of the Fire Department, (5) a Marshal or Chief of Police, (6) a City Physician, and either at that time or thereafter at their pleasure, may elect (7) a Police Court Recorder, and all of said offices, and all officers, agents, and employees, now or hereafter elected by the said Board of City Commissioners, especially the members of the Police and Fire Departments, shall be for a term of two years, and until their successors are elected and qualified. But all incumbents shall be subject to removal, after 24 hours written notice of the nature of the charge, and for just cause, after a public hearing before the Board of City Commissioners, and only on a majority vote of the members of said Board of City Commissioners. The right of the accused to representation by counsel and right to list of witnesses on whose testimony charge is based, is preserved. The right of certiorari from the decision and judgment of said Board shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Board's election of City officers. Terms. Removal. Certiorari. No member of the Board of Commissioners shall be directly or indirectly interested in any contract made

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with the City, or receive profit or emolument for any purchase or sale of material or other article paid for out of the public revenues or for which the City becomes responsible, nor shall any member of the Board of City Commissioners knowingly accept any gift, free tickets or pass from any person, firm or corporation operating a public utility or engaged in a business of a public nature in the City, or from any person known to be endeavoring to secure a contract with the City; provided that this section shall not apply to cases wherein the general law permits certain officials receiving franks or passes. Interest in City contracts, etc., prohibited. Any voter who may have registered in one ward, and at the time of the election shall be a resident of another ward, shall be entitled to vote in the ward in which he resides at the time of the election, provided that if challenged, he shall take an oath that he has not theretofore, in said election, previously voted in any other ward. City elections. Voters. No candidate for a member of the Board of City Commissioners shall expend or promise any money, office, employment or other thing of value to secure a nomination or election. Candidates. Prohibitions. Section III. Be it further enacted that this law is to take effect September 1, 1948, provided, however, the Commissioner from the Fifth Ward shall continue in office until the second Monday in January, 1949, and until his successor is elected and qualified. Date effective. Section IV. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. SULFANILAMIDE SALES FOR LIVESTOCK AND POULTRY DISEASES. No. 178 (House Bill No. 99). An Act To provide for the sale, purchase, and use of drugs of the Sulfanilamide or Sulfonamide group, manufactured for use in the control of livestock and poultry diseases

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and sold in the original, unbroken packages of the manufacturer, plainly labeled to indicate their use and veterinary nature, giving directions for their use and adequate caution as to the dangerous character of such drugs, and may be bought and sold by persons other than licensed pharmacists and without the necessity of prescription, to poultry and livestock owners, and dealers in poultry and livestock 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 I. That on and after passage of this Act, it shall be lawful for any poultry or livestock owner in the State to buy and use drugs of the Sulfanilamide, or Sulfonamide group manufactured for use in the control of livestock and poultry diseases and sold in the original, unbroken packages of the manufacturer plainly stamped or labelled to indicate their use and veterinary nature, giving directions for their use and adequate caution as to the dangerous character of such drugs, and may be bought and sold by persons other than licensed pharmacists and without the necessity of prescriptions to poultry and livestock owners, and dealers in poultry and livestock supplies, provided no manufacturer of feed shall mix same with feed in its manufacture. Section II. No person, firm, or corporation in this State shall sell or offer for sale drugs of the Sulfanilamide or Sulfonamide group, for use as outlined in Section One except that same shall be plainly stamped or labelled, with the words, not for human use. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 26, 1947. LINCOLN COUNTY TREASURERSALARY INCREASE. No. 179 (House Bill No. 112). An Act to amend an Act approved August 19, 1916, to provide as compensation for the Treasurer of Lincoln County a salary of $200.00 per year instead of commission heretofore

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allowed by law, as amended by an Act approved March 12, 1941, Georgia Laws 1941, pages 920-921, by striking from line 3 of Section 1 of said Act as amended the figures 1941 and inserting in lieu thereof the figures 1947, and by striking from lines 5 and 6 of Section 1 of said Act the words three hundred dollars per year and inserting in lieu thereof the words four hundred and fifty dollars per year, so that said Act when amended shall provide a salary of $450.00 per year for said Treasurer beginning January 1, 1947; and for 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, Section 1 of the Act approved August 19, 1916, providing compensation for the Treasurer of Lincoln County a salary of $200.00 per year instead of commission heretofore allowed by law, and as amended by an Act approved March 12, 1941, Georgia Laws 1941, pages 920-921, providing for a salary of three hundred dollars per year to be paid out of the general funds of said County, by amending Section 1 of the Act approved March 12, 1941, Georgia Laws 1941, pages 920-921 by striking from line 3 of Section 1 of said Act as amended the figures 1941 and inserting in lieu thereof the figures 1947, and by striking from lines 5 and 6 of said Section the words three hundred dollars per year and inserting in lieu thereof the words four hundred and fifty dollars per year so that said Section 1 of said Act when so amended shall read as follows: Acts of 1916 and 1941 amended. Salary increased. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the first day of January, 1947, the Treasurer of Lincoln County shall receive as sole compensation for his services a salary of four hundred and fifty dollars per year to be paid out of the general funds of said county. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947.

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COURT REPORTER, STONE MOUNTAIN CIRCUITFEE AMENDMENT. No. 180 (House Bill No. 126). An Act to amend an Act approved March 9, 1943 providing a salary for the Official Court Reporter of the Stone Mountain Judicial Circuit and the several Acts amendatory thereof by providing that such Official Court Reporter shall retain all fees collected for the transcribing of civil cases. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same. Section 1. From and after the passage of this Act providing a salary for the Official Court Reporter of the Stone Mountain Judicial Circuit as approved March 9, 1943 (Georgia Laws, 1943, pages 1143-1146) be and the same is hereby amended as follows: Act of 1943 amended. By striking Section 4 of said Act and substituting therefor a new Section 4 to read as follows: New sec. 4. Section 4. From and after the passage of this Act, the Official Court Reporter of the Stone Mountain Judicial Circuit shall make collection of all fees fixed by law arising from the reporting of cases in the Superior Courts of said Judicial Circuit and the City Court of Decatur so long as said Official Court Reporter shall serve as the Reporter for the City Court of Decatur, and all fees arising from the transcript of proceedings had in such cases, and shall pay said fees into the treasury of the county in which the Court trying the case is situated except such fees as may be charged and collected for transcribing civil cases, which said fees shall be retained by such reporter. In the event such Reporter shall render reporting services in addition to those heretofore enumerated in this Section, the proceeds therefrom, in the discretion of the Commissioner of Roads and Revenues or other governing authorities of such County, shall be prorated by him to the counties comprising the Circuit on the same basis as the salary herein provided for is prorated. Said reporter shall on the first day of each month make a report to the Treasurer or other legally designated custodian of funds or the

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various counties comprising said Judicial Circuit of all funds collected from cases tried in the respective counties during the preceding month, and of all other reporting services rendered by him, and shall accompany said report with a remittance of such funds collected from cases tried in the county to which the report is made, plus the particular county's pro rata portion of the proceeds from any additional reporting services rendered by him. A copy of the report to the County Treasurer shall be furnished to the governing authorities of the various counties comprising the Circuit. It shall be the duty of the Treasurer or Custodian of funds in the various counties, to whom remittance is made, to execute and deliver to said Official Court Reporter a receipt for all funds remitted by him. Civil-case transcription fees to be retained. Other fees. Reports, etc. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 26, 1947. HAHIRAREGISTRATION, ELECTIONSCHARTER AMENDMENT. No. 181 (House Bill No. 143). An Act to amend the charter of the town of Hahira and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia incorporating the town of Hahira, approved August 19, 1912 (Acts 1912, pages 951 to 980 both inclusive) and Acts amendatory thereof be, and the same are, hereby further amended as follows, to wit: Act of 1912 amended. Section 1. By striking Section 5 of said Act, approved August 19, 1912, and by placing in lieu thereof the following: Sec. 5 stricken. Sec. 5. Be it further enacted, That every citizen of the town of Hahira, incorporated under this Act, eighteen years of age, who shall have resided in this State a year

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next preceding the election, and six months within the corporate limits of the town of Hahira next preceding the election, and who has not been convicted of any crime involving moral turpitude and not pardoned, shall be qualified to vote at any election held in the town of Hahira for any purpose whatever. New section. Voters' qualifications. Section 2. By adding the following provisions as follows: New provisions as to registration and elections. REGISTRATION OF VOTERS AND ELECTIONS. (1) There shall be furnished to the clerk of the town of Hahira two registration booksone for the whites and one for the coloredin which qualified voters of the town of Hahira may register for the purpose of voting at any election in such town. At the top of each page of such registration books there shall be printed the following oath: `I do swear or affirm that I am a citizen of the United States; that I am eighteen years of age or will be on the day of the next general election in the town of Hahira; that I have resided in the State of Georgia for one year and the County of Lowndes and town of Hahira for six months, or will have so resided on the day of the next general election of the town of Hahira; that I possess the qualifications of an elector, required by the Constitution of the State of Georgia; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State of Georgia. I further swear that I reside on the street and at the street number (if any) given opposite my name, signed below, and my occupation is as herein described and designated opposite my name.' Procedure. Duties of officials. This oath shall be called by the Clerk of the town of Hahira to the attention of anyone registering thereon and the oath shall be administered to him by the Clerk, who is hereby authorized to administer such oath. (2) It shall be the duty of the Clerk of the town of Hahira to keep said registration book or books open during his office hours and at all times, Sundays and legal holidays excepted, and persons desiring to register shall have the privilege of registering thereon at all times during such hours, but such registration shall not entitle such persons to vote at any certain election when such

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registration is done at the time said registration book or books are in the hands of registrars for making a list of qualified voters at any such certain election. Separate books shall be kept for white and colored registration. (3) It shall be the duty of the Clerk of the town of Hahira, upon application, in person and not by proxy, of any person who is qualified, under the Constitution of the State of Georgia, to vote at the next general election of the town of Hahira, and who will have resided therein for six months prior to the next general election of the town of Hahira, to allow such person to register after administering the oath set out above, together with his name, age, occupation, his business and his street number (if any) where he resides. Said Clerk shall not permit anyone to register who is not lawfully entitled to do so according to the provisions of the affidavit above set forth. (4) It shall be the duty of the mayor and council of the town of Hahira to elect three citizens of the town of Hahira as registrars, who shall hold office for two years, unless sooner removed by the mayor and council of the town of Hahira, either with or without cause, and the election of their successors shall, ipso facto, effect their removal from office. The said registrars shall meet at least five days and not more than thirty days before the election in the town of Hahira, whether special, general or primary, at which time the Clerk of the town of Hahira shall deliver to the registrars the registration book or books of the town of Hahira and the index cards of qualified voters, as herein provided, from which such registrars shall prepare a list of the voters of the town of Hahira qualified to vote at such election. The clerk of the town of Hahira and the registrars shall receive such compensation for their services as the mayor and council may determine. (5) It shall be the duty of the registrars of the town of Hahira to furnish to the managers of the election, general, special or primary, at or before the opening of the polls on the day of the election, a complete list of all qualified voters of said election, arranged in alphabetical order, certified to under the hands of the registrars. Said list

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shall be kept by the managers before them for their inspection during the election, and they shall not permit anyone to vote whose name does not appear on said list. (6) Where a person has once registered, he shall not be required to register at any subsequent time in order to be entitled to vote in any election, whether general, special or primary, in the town of Hahira, and shall remain registered after having once registered, except and only except as follows: Where a person has once registered on said registration books and fails to vote at any three successive elections, whether general, special or primary, in the town of Hahira, he shall no longer be considered as a registered voter of the town and will not be allowed to vote at any subsequent election until he re-registers on said book or books. (7) It shall be the duty of the clerk of the town of Hahira to place on index cards the name of each voter who has registered on the registration book or books and the date of such registration and these index cards shall be arranged alphabetically and placed in a small index cabinet. When a voter fails to vote at three successive elections in the town, whether general, special or primary, the clerk shall remove from the index cabinet the card on which such registrant's name has been entered and place same in another index cabinet in alphabetical order, after entering on such card the three elections at which the voter failed to vote and noting thereon that he is disqualified from voting. Such notation shall be dated and signed by the clerk. The first index cabinet mentioned shall be designated as Qualified Voters and the second index cabinet mentioned above shall be designated as Disqualified Voters. When a voter has so disqualified himself by not voting in three successive elections in the town of Hahira, and shall again re-register, then a new card with his name placed thereon and the date of his re-registration shall be prepared by the clerk and placed in the cabinet of Qualified Voters, and, thereupon, his card in the Disqualified Voters cabinet shall be removed therefrom and destroyed by the clerk. This procedure may be repeated as often as may need be under the facts of each case. It shall be the duty of the registrars before any

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election to make up a list of the qualified voters from the index cabinet, designated as Qualified Voters, and they shall have the right and authority to make any corrections that they may see fit to make where any errors have been made as to whether a person is qualified or disqualified from voting at any election, general, special or primary, but the record of such index cards as kept and preserved by the clerk shall be prima facie correct. In making such corrections, the registrars may examine the registrations books, lists of voters actually voting at the last three elections in the town of Hahira, whether general, special or primary, and such other records or evidence that may be relevant on the question of the qualification of any voter at any particular election, whether general, special or primary. It shall be the duty of the election managers at any election, whether general, special or primary, to deliver to the clerk of the town of Hahira immediately after every such election a list of the voters actually voting at same and it shall be the duty of the clerk to keep and preserve each of such lists until at least three elections have been had since such list was made at any particular election. (8) The act of the board of registrars in placing the name of any person on the list of qualified voters at any election, general, special or primary, or excluding his name therefrom, shall be conclusive as to the list of qualified voters for any of such elections in which the registrars shall take such action, except and unless such act be reversed or set aside by proper authority on any appeal, as may be provided by law, to review such act. Section 3. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 26, 1947. CLAYTON COUNTY COMMISSIONERAMENDMENT. No. 182 (House Bill No. 156). An Act to amend an Act to create a Commissioner of Roads and Revenues of Clayton County, Georgia; to fix his compensation and provide his expense account; to fix his bond

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and to prescribe his powers and duties; to provide for a Clerk and for said Commissioner and to fix his duties, his bond and compensation and for other purposes. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by authority of same: Section 1. That Section 4 of the Act approved February 22, 1943 (Acts of 1943 p. 884) be stricken in its entirety and a new Section 4 substituted in lieu thereof which shall read as follows: Act of 1943 amended. Section 4. Be it further enacted by the authority aforesaid, that the Commissioner shall have his office in the courthouse in Jonesboro and in said county and shall keep said office open for business of the county on the first Tuesday in each month, and the said office shall be open for county business on each other day of the year except legal holidays and Sundays and whenever it is necessary for him to be away from said office for the conduct of county business, it shall be his duty to leave said office in charge of a competent Clerk for the public service. He shall call special meetings in his office at his discretion and if he should move his office from said courthouse to any other place or fail to keep his office open as herein provided, then his term of office shall terminate at once and the Ordinary of the County shall call an election to determine his successor, said election to be held within thirty days from the removal of said office from said courthouse, or the termination of said office by the failure of said Commissioner to keep said office open as herein provided. Sec. 4. Commissioner. Duties. Section 2. Be it further enacted by authority aforesaid that Section 5 of the Act approved February 22, 1943 (Acts 1943 p. 885) be amended by striking the following language from said paragraph Give bond with good security to be approved by the Ordinary of the county in the sum of Five Thousand ($5,000.00) Dollars, and substituting in lieu thereof the following language Give a surety bond signed by a surety company licensed to do business in this State to be approved by the Ordinary of the county in the sum of Twenty-five Thousand ($25,000.00) Dollars, so that said Section when so amended shall read as follows: Sec. 5 amended. Bond.

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Section 5. Be it enacted by the authority aforesaid that said Commissioner shall before entering upon the duties of his office, make and subscribe to an oath before the Ordinary of said county, to faithfully discharge his duties, and to carry out the provisions of this Act to the best of his skill and knowledge and to the best interest of the entire County of Clayton, he shall before entering upon the duties of said office, give a surety bond signed by a surety company licensed to do business in this State to be approved by the Ordinary of the county in the sum of Twenty-five Thousand ($25,000.00) dollars, payable to the Ordinary of the county and his successor in office and conditioned upon the faithful discharge of the said Commissioner of his duties and the carrying out of the conditions thereof, which bond may be sued upon in the name of the Ordinary, either on his own motion or by the direction of the grand jury of the county. The said Commissioner is authorized to pay the annual premium due on said bond out of the public funds of the county. Section 3. Be it further enacted by the authority aforesaid that Section 6 of the Act of the General Assembly approved February 22, 1943 (Acts of 1943, p. 885) be amended by striking the following language from said section Twenty-four Hundred ($2400.00) Dollars, and substituting in lieu thereof Forty-eight Hundred ($4800.00) Dollars, and striking from said paragraph the language Three Hundred ($300.00) Dollars, and substituting in lieu thereof Six Hundred ($600.00) Dollars, so that said section when amended shall read as follows: Sec. 6 amended. Section 6. Be it further enacted by the authority aforesaid that the salary of said Commission shall be Forty-eight Hundred ($4800.00) Dollars per annum, to be paid monthly. The county shall furnish said Commissioner with gasoline and oil for his automobile when used for county purposes and he shall be allowed five (5c) cents per mile for the use of his automobile when used for county purposes only, said allowance shall not exceed Six Hundred ($600.00) Dollars per year. Salary, automobile expense. Section 4. Be it further enacted by the authority aforesaid that Section 9 of the Act approved February 22, 1943 (Acts of 1943, p. 887) be amended by striking the following

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language from said section Not to exceed Twelve Hundred ($1200.00) Dollars per year payable monthly, and substituting in lieu thereof Not to exceed One Hundred Fifty ($150.00) Dollars per month, and further striking the following language from said section If said Clerk shall furnish a bond signed by a surety company, and substituting in lieu thereof Said Clerk shall furnish a bond signed by a surety Company, licensed to do business in the State of Georgia, so that said section when so amended shall read as follows: Sec. 9 amended. Section 9. Be it further enacted by the authority aforesaid that said Commissioner is empowered and required to employ and engage the services of a Clerk who shall hold office of clerk at the will of said Commissioner and shall draw a salary to be fixed by said Commissioner not to exceed One Hundred Fifty ($150.00) Dollars per month. Said Clerk shall before entering upon the duties of said office furnish a bond payable to said Commissioner or his successors in office in the sum of Five Thousand ($5,000.00) Dollars, conditioned upon the faithful performance of his duties as said Clerk, said Clerk shall be at least 21 years of age and not related to said Commissioner by blood or marriage. It shall be the duty of said Clerk, to attend all meetings of said Commissioner on the first Tuesdays in each month and at such times as the Commissioner may require and to keep a minute of the proceedings in a book kept for that purpose. He shall draw all warrants against the county funds which said warrants shall be signed by him and the said Commissioner. All warrants drawn against the county funds shall specify the funds against which they are drawn, and the Clerk of said Commissioner shall keep a book which may be the stub of such warrant, which shall show the amount of the warrant drawn, to whom payable and on which fund drawn and for what consideration. Said Clerk shall devote his entire time to the duties of said office and shall keep reasonable office hours in the office of said Commissioner of Roads and Revenues at the courthouse of said county. Said Clerk shall furnish a bond signed by a surety company, licensed to do business in the State of Georgia, the premium on said bond shall be paid from the public funds of said county. Clerk. Salary. Bond. Qualifications, duties.

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Section 5. Section 2 and 3 of this Act to be of full force and effect beginning January 1, 1949. Date effective. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. CLAYTON COUNTY TAX COMMISSIONERAMENDMENTS. No. 183 (House Bill No. 157). An Act to amend the Act abolishing the office of Tax Receiver and the office of Tax Collector of Clayton County, Georgia, and to create the office of County Tax Commissioner approved August 18, 1925 (Acts 1925 pp. 600-603) as amended by an act approved March 12, 1941 (Acts 1941 pp. 824-827) and as amended by an Act approved February 16, 1943 (Acts 1943 pp. 890-894), and as amended by an act approved March 6, 1945 (Acts 1945 pp. 940-942); to authorize the County Tax Commissioner to employ the necessary office force for the proper transaction of the business of said office and to provide for their compensation; to fix the compensation of the County Tax Commissioner and provide how it shall be paid; to provide for a surety bond for said Tax Commissioner and for penalty for failure to make the same; and for other purposes. Section 1. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same that Section 2 of said Act as heretofore amended be amended by adding the following language at the end of said section That said Tax Commissioner shall be required to make a surety bond in the sum of Ten Thousand ($10,000.00) Dollars signed by a surety company licensed to do business in the State of Georgia, and upon failure of said Tax Commissioner to make such bond the said office shall be declared vacant, so that Section 2 of said Act as heretofore amended and as herein provided shall read as follows: Amended act of 1925 amended. Sec. 2. Section 2. Be it enacted by the authority aforesaid

Page 747

that the Commissioner of Roads and Revenues of Clayton County shall levy and collect a tax for the maintenance of said office and pay the salary of said Tax Commissioner of and for said Clayton County, Georgia, and for Clerk hire and that Commissioner of Roads and Revenues of Clayton County shall pay out of the general funds of the County the premium on any bond or bonds furnished by said Tax Commissioner of and for Clayton County. That said Tax Commissioner shall be required to make a surety bond in the sum of Ten Thousand ($10,000.00) Dollars signed by a surety company licensed to do business in the State of Georgia, and upon failure of said Tax Commissioner to make such bond said office shall be declared vacant. Office, salary, clerk hire. Bond. Section 2. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same that Section 3 of said Act as heretofore amended be amended by striking the following language from said Section The Commissioner of Roads and Revenue of Clayton County, Georgia, shall fix the compensation to be paid from county funds for such Assistants and Clerks. The compensation to be paid from county funds shall in no event be less than Three Hundred ($300.00) Dollars nor more than Nine Hundred ($900.00) Dollars per annum for the pay of such Clerks and substituting in lieu thereof the following language The County Tax Commissioner shall have authority to fix their compensation and shall submit the names of such Clerks or Assistants and any amounts due them as compensation to the Commissioner of Roads and Revenues of said county who shall pay the same on the following first Tuesday of each month thereafter, providing further that the entire compensation paid such Clerks and Assistants shall not exceed the sum of Fourteen Hundred ($1,400.00) Dollars per annum; so that Section 3 of said Act heretofore amended, when so amended as herein provided, shall read as follows: Sec. 3 amended. To read. Section 3. Be it further enacted by the authority aforesaid that the County Tax Commissioner of and for Clayton County, Georgia, is authorized to employ such assistants and Clerks as will be necessary to transact, do and perform the duties of the office and that compensation

Page 748

for the same shall be paid for by the county authority out of the general funds of said county. The County Tax Commissioner shall have authority to fix their compensation and shall submit the names of such Clerks or Assistants and any amounts due them as compensation to the Commissioner of Roads and Revenues of said county who shall pay the same on the following first Tuesday of each month thereafter, provided further that the entire compensation paid such Clerks and Assistants shall not exceed the sum of Fourteen Hundred ($1,400.00) Dollars per annum for the pay of such Clerks, however, said Tax Commissioner may supplement said sum out of his salary; that the fees and commissions heretofore allowed the Tax Receiver and Tax Collector of Clayton County shall be paid to the County Treasurer of Clayton County to be accounted for by him as other county funds are accounted for, and all commissions, fees, compensations and other charges heretofore paid by the State of Georgia to the Tax Commissioner of said county for collecting any of its taxes, either special, ad valorem, occupation or other tax or licenses of any nature whatever, shall be charged and collected by said Tax Commissioner of and for Clayton County, Georgia, and paid to the Commissioner of Roads and Revenues of Clayton County, Georgia, and they shall be accounted for by him as other county funds. Office assistants. Compensation. Fees and commissions. Payment. Section 3. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same that Section 7 of said Act as heretofore amended be amended by striking the following language from said Section Eighteen Hundred ($1,800.00) dollars per annum and substituting in lieu thereof the following language Twenty-four Hundred ($2,400.00) Dollars per annum so that Section 7 shall read as follows: Sec. 7 amended. Section 7. Be it enacted by the authority aforesaid that the salary of County Tax Commissioner of and for Clayton County, Georgia, be and the same is hereby fixed at Twenty-four Hundred ($2,400.00) Dollars per annum, payable out of the general funds of said county. Provided further, that said Tax Commissioner shall not receive any fees or commissions, and any fees or commissions hereafter

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allowed said office shall be paid into the County Treasury. Commissioner's salary. Increase. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. CORONERS' INQUESTS IN CERTAIN COUNTIESFEE INCREASES. No. 184 (House Bill No. 188). An Act to increase the fees of Coroners, Jurors summoned by the Coroner, and the Sheriff's fees, in connection with the holding of an inquest upon a dead body, in counties having a population of not less than 25,280 and not more than 25,300, according to the United States Census of 1940, or any future United States Census, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That in all Counties in this State having a population of not less than 25,280 and not more than 25,300, according to the United States Census of 1940, or any future census, the fees of the Coroner for summoning a jury and holding an inquest upon a dead body and rendering an inquisition shall be $20.00. Where Act is applicable. Coroner's fees. Section 2. That in all such Counties the fee of a juror serving upon the Coroner's inquisition shall be $2.00. Juror's fee. Section 3. That in all such Counties the fee of the Sheriff of such County for attending upon the Coroner's inquisition shall be $3.00. Sheriff's fee. Section 4. This act shall become effective and of force upon approval by the Governor. Time effective. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith, be, and the same are hereby repealed. Approved March 26, 1947.

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GLYNN COUNTY EMPLOYEE PENSIONS. No. 185 (House Bill No. 190). An Act to authorize and provide for the pensioning of the employees of the County of Glynn; to authorize the retirement of employees disabled in line of duty; to establish a County Board of Pensions; to provide for a pension fund of the County of Glynn; to provide for contributions to the said fund by the said employees and by the County of Glynn; to provide for the investment of the fund; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The Commissioners of Roads and Revenues for Glynn County, Georgia, are hereby authorized and empowered to establish and create by ordinance a Board to be known as the Board of Pensions of the County of Glynn to be composed of three members, two to be named by the Commissioners of Roads and Revenues for Glynn County and one to be elected by the employees of the County participating in the pension plan. One of the members selected by the Commissioners of Roads and Revenues for Glynn County shall be elected for a term of two (2) years, the other for a term of four (4) years, and the one selected by the County employees shall be elected for a term of six (6) years, and all shall serve until their successors are duly elected and have qualified. Each member of the Board of Pensions shall be required to take the following oath: I do solemnly swear (or affirm) that I will well and truly discharge my duties as a member of the Board of Pensions of the County of Glynn without favor or discrimination. So Help me God, and shall give bond with some solvent surety company authorized to do business in the State of Georgia as security in the sum of ten thousand dollars ($10,000.00) payable to the County of Glynn, conditioned to the faithful performance of his duty as a member of such board and to faithfully account for all funds of the County of Glynn or of the pension fund hereinafter provided that may be entrusted to him. The premium on such bonds shall be paid by the County of Glynn. Board of Pensions. Section 2. The said Board of Pensions is hereby authorized

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and empowered to administer the pension fund hereinafter provided and set apart for the employees of the County of Glynn, and to pay pensions to said employees in the manner and form and under the conditions and limitations hereinafter set forth in this Act. Administering pension fund. Section 3. The following classes of employees of said County of Glynn are to be deemed eligible to be granted pensions and the following classes of pensions are hereby established: Employees eligible. Classes of pensions. (a) Any regular employee of the County of Glynn who had, prior to December 1, 1946, served well and faithfully for a period of twenty (20) years or more (of which five) (5) years of service must have been continuous and immediately prior to said date) and who had attained the age of sixty (60) years, or who at any time after said date shall have served well and faithfully for a period of twenty (20) years or more (of which five (5) years' service must have been continuous and immediately prior to his retirement) and has then attained the age of sixty (60) years, shall upon application to the said Board of Pensions be retired from active service, and said employee shall receive monthly for the balance of his life as a pension one-half of the amount of the average monthly salary or wages paid to him for the three (3) years next prior to time of his retirement; provided, however, that such pension shall in no event exceed the sum of one hundred dollars ($100.00) per month. If on December 1, 1946, any employee of the County of Glynn was eligible for the pension herein provided, he shall be entitled to the same notwithstanding that his service may have been terminated between that date and the date this Act or any ordinance passed under its authority becomes effective. (b) Any regular employee of the County of Glynn who shall become totally disabled while in the performance of his duty as such employee may be granted a monthly pension by the said Board of Pensions for the duration of such total disability, in an amount not to exceed one-half of the monthly salary received by him at the time of the injury or accident, which in no event is to exceed the sum of one hundred dollars ($100.00) per month; provided, that the permanent injury or disability of the said employee shall be

Page 752

established by evidence satisfactory to the Board of Pensions. The pension herein provided for may be granted irrespective of the years or term of service of such employee. Any employee of said County who is injured or disabled while in the performance of his duty and in the course of his employment and elects to receive and does receive compensation under the workmen's compensation laws of the State of Georgia shall not be eligible to receive a pension from the County of Glynn. Such pension, if granted, shall continue only so long as such employee is totally disabled. The Board of Pensions shall have the right and power to have such employee examined from time to time at its discretion during the continuance of said pension in order to determine whether the disability is permanent and total. Disabilities. (c) Any regular employee of the County of Glynn who has served well and faithfully for a period of twenty (20) years or more (of which five (5) years' service must have been continuous and immediately before his retirement), shall be retired from active service if because of physical unfitness he is unable to perform his regular duties and if he shall establish such fact to the satisfaction of the Board of Pensions by proper evidence, and such employee, if retired, shall receive monthly for the duration of such disability one-half of the amount of the average monthly salary paid him for the three (3) years next preceding the time of his retirement, such pension, however, in no event to exceed the sum of one hundred dollars ($100.00) per month. Any employee who shall attain the age of sixty (60) years while receiving disability pension payment under this subsection shall thereupon as a matter of right be entitled to have and receive such pension for the remainder of his life. Retirement. Section 4. Upon the passage of the ordinance by the governing authority of the County of Glynn putting this Act into effect and establishing the said Board of Pensions, all of the then employees of the County of Glynn shall be conclusively deemed to have accepted the benefits of this Act unless such employee shall within thirty (30) days from the time such ordinance becomes effective notify the said Board of Pensions in writing that he does not desire to

Page 753

participate in the benefits provided by this Act. All persons subsequently employed by the said County of Glynn shall be conclusively presumed to have accepted the benefits of this Act unless they shall within thirty (30) days from the time of such employment advise the Pension Board in writing of their refusal to participate in such plan, provided nevertheless that neither this Act nor the pension plan herein provided for shall apply to laborers occasionally employed by the County of Glynn, and for the purpose of this Act occasional labor is hereby defined as those persons employed in less than six (6) months during any calendar year. All employees of the County of Glynn who have not rejected this Act as above provided shall contribute to the pension fund of the County of Glynn such amounts as may be fixed by the Board of Pensions, not to exceed two per centum (2%) of the wages received by such employee from the County, and such payment may either be deducted from the compensation received by such employee or paid under such other rules and regulations as the said Board of Pensions may establish. When acceptance of Act deemed conclusive. Contributions to pension fund. Section 5. Upon the passage of the ordinance of the County of Glynn putting this Act into effect the said County of Glynn shall likewise pay into the said pension fund monthly, on the tenth day of each month, an amount equal to the total amount contributed by all of the employees of the County of Glynn participating in the said pension plan during the previous month and such payment shall be made to the depository selected by the Board of Pensions. Payments by County. Section 6. The aforesaid pension fund shall be invested by the Board of Pensions in that class of investments authorized in Sections 108-417 and 108-420 and 108-421 of the Code of Georgia of 1933, except that such fund shall not be invested in the bonds, notes or other obligations of the County of Glynn, and all of the income derived from such investments shall become and be a part of the said pension fund. Investment of fund. Should any employee of the said County who has contributed to said fund resign or be discharged from the service of the said County before he is entitled to a pension, the amount that he has contributed to said pension fund, without interest, shall upon demand be returned to said

Page 754

employee, or in the event of his death before any pension has been granted to such employee the amount of his contributions, without interest, shall be paid to his dependents, if any, in the order hereinafter stated, or if he leaves no such dependent, then to his executors or administrators. For the purpose of this Act the widow, if living with such employee at the time of his death, shall be first entitled to receive such fund and in the event that the employee should leave no such widow, then the minor children of such employee shall be next entitled to receive the fund, and in the event that such employee leaves neither a widow who was living with him at the time of his death nor minor children, the Board of Pensions shall then determine, and their determination shall be final and conclusive upon all persons, whether or not any other persons were in fact dependent upon said employee and if dependents are so found, the amount of such employee's contribution shall be made to them in such proportion as the said Board of Pensions may determine, and lastly if there be no such widow, minor children, or other dependents, the amount of such employee's contribution shall be paid to the administrator or executor of the deceased employee. In the event that any employee who has been granted a pension under the provisions of this Act should die before the total sum of the pension payments should equal the total contributions made to the pension fund by the employee, then in that event the difference between the amount paid in pensions and the total contributed by the employee shall be paid to the dependents, or executor or administrator of such employee in the order and as hereinabove provided. Resignation, discharge, or death. Payments from fund. Section 7. In the event that any resigned or dismissed employee of the County who has drawn his contributions from the pension fund should return to the service of the said County of Glynn, he shall pay into the pension fund of the said County the total amount that he has withdrawn from the said fund before he shall be entitled to participate in the pension plan or receive any of the benefits provided herein. Return to service. Section 8. In addition to the payments to the pension fund heretofore required of the County of Glynn, the said County of Glynn shall, until the said pension fund shall

Page 755

reach the sum of twenty-five thousand dollars ($25,000.00), pay to the Board of Pensions a sum equal to the disbursement made by that Board, and whenever the amount of the pension fund shall fall below twenty-five thousand dollars ($25,000.00), it shall make like payments until the fund shall again reach such amount. In addition the County of Glynn shall annually appropriate and make available for the use of the Board of Pensions a sum sufficient to pay the proper expenses of the Pension Board in administering this Act; provided, that the members of the Board of Pensions shall not receive compensation of more than fifty dollars ($50.00) per annum. Additional County payments. Appropriations. Compensation of Board. Section 9. If any employee of the County of Glynn shall have served well and faithfully for a period of twenty (20) years or more (of which five (5) years has been continuous and immediately before his retirement) and shall have reached the age of sixty (60) years, he shall not be subject to dismissal by the County of Glynn without the said County granting to him the pension to which he may be entitled under this Act. No dismissal without pension, when. Section 10. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. VALDOSTA CHARTER AMENDMENTSEMPLOYEE RETIREMENT PAYMENTS. No. 186 (House Bill No. 218). An Act to amend an Act approved March 6, 1945, entitled `An Act to amend the charter of the City of Valdosta and for other purposes', which Act created a system of retirement payments for certain employees of the City of Valdosta; said Act described appearing on pages 928 to 938, both inclusive, of the published Acts of the General Assembly of Georgia of 1945; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, said Act of the General Assembly of Georgia approved March 6, 1945, and

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appearing on pages 928 to 938, both inclusive, of the published Acts of the General Assembly of Georgia of 1945, be and the same is hereby amended in the following particulars: Act of 1945 amended. Section 1. Subsection (a) of Section 10 of said Act approved March 6, 1945, is hereby amended by striking the first sentence of said subsection beginning with the words Each monthly salaried and ending with the words Section 11 of this Act, and by inserting in lieu thereof the following sentence: Sec. 10(a). Each present and future monthly salaried full-time employee of the City of Valdosta (1) who, while still in the employ of the City of Valdosta, reaches or has reached the age of sixty-five (65) years; or (2) who, while still in the employ of the City of Valdosta, becomes disabled to an extent prescribed in subsection (b) of Section 11 of this Act, as amended, shall be eligible for the retirement under the provisions of and with the benefits of this Act, as amended; PROVIDED, HOWEVER, no employee who has served less than an aggregate of five (5) years as a monthly salaried full-time employee of said City shall be retired under or receive the benefits of this Act. Who may retire with benefits. Section 2. Subsection (b) of Section 10 of said Act approved March 6, 1945, is hereby amended by striking said entire subsection (b) and by inserting in lieu thereof the following: Sec. 10(b). (b) No monthly salaried full-time employee of the City of Valdosta shall be compelled by the Board of Trustees to retire regardless of the age of such employee unless such employee is or becomes disabled to an extent prescribed in Subsection (b) of Section 11 of this Act as amended. When retirement not compulsory. Section 3. Subsection (c) of Section 10 of said Act approved March 6, 1945, is hereby amended by striking said entire subsection (c) and by inserting in lieu thereof the following: Sec. 10(c). (c) The Board of Trustees shall compel the retirement of any monthly salaried full-time employee of the City of Valdosta who becomes disabled to an extent prescribed

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in subsection (b) of Section 11 of this Act as amended; PROVIDED, HOWEVER, that except in cases of total permanent disability, said Board of Trustees shall compel no retirement without having first obtained the consent of the Mayor and Council; such compulsory retirement shall become effective at midnight on the last day of the calendar month during which certified copies of the resolution of said Board taking such action shall be served, by personal delivery, upon such employee and upon the Mayor or Mayor Pro Tem of the City of Valdosta. When compulsory. Section 4. Subsection (d) of Section 10 of said Act approved March 6, 1945, is hereby repealed. Sec. 10(d) repealed. Section 5. Subsection (a) of Section 11 of said Act approved March 6, 1945, is hereby amended by striking said entire subsection (a) and by inserting in lieu thereof the following: Sec. 11(a). (a) An employee retiring under the provisions of this Act after having served an aggregate of twenty-five (25) years as a monthly salaried full-time employee of the City of Valdosta, shall be paid monthly, for and during the remainder of his natural life, a sum of money equal to one-half () of the average monthly salary received from the City of Valdosta by such employee during the last five (5) years during which such employees served as a monthly full-time employee of said City irrespective of whether such years were served consecutively or not; PROVIDED, HOWEVER, such monthly retirement payments shall in no event exceed the sum of One Hundred Dollars ($100.00) per month. If an employee has not completed an aggregate of twenty-five (25) years of service as a monthly salaried full-time employee of said City at the time of his retirement under this Act, then he shall be paid monthly for and during the remainder of his natural life a sum of money equal to the monthly retirement payment which he would have been entitled to had he been retiring after twenty-five (25) years of service as a monthly salaried full-time employee divided by twenty-five (25) and multiplied by the aggregate number of years (figured to the nearest one-half () year) which such employee had served as a monthly salaried full-time employee of said City. Retirement payments.

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Section 6. Subsection (b) of Section 11 of said Act approved March 6, 1945, is hereby amended by striking said entire subsection (b) and by inserting in lieu thereof the following: Sec. 11(b). (b) Any monthly salaried full-time employee of the City of Valdosta who has been so employed for not less than five (5) years and who, while so employed, becomes totally and permanently disabled by reason of injury, disease or failure of health shall be retired by the Board of Trustees in the manner prescribed in Section 10 of this Act as amended and shall be paid the monthly retirement benefits provided in Subsection (a) of this Section. Should any employee for said reasons or causes become permanently disabled satisfactorily to discharge the duties of his employment but not totally disabled, and for that reason be discharged from such employment, said Board of Trustees shall ascertain the extent or percentage of such employee's permanent disability and such employee shall be retired and shall receive monthly retirement payment for and during the remainder of his natural life, equal to the same percentage of the monthly retirement payments which he would have received had he been totally and permanently disabled, as is his percentage of disability so ascertained. Disability benefits. Section 7. Section 11 of said Act approved March 6, 1945, is hereby amended further by adding at the end of said Section 11 a new subsection to be known as subsection (g), reading as follows: Sec. 11, new subsection (g) (g) All monthly retirement payments provided for in subsections (a) and (b) of this Section shall be paid from and only from the retirement fund created by this Act; PROVIDED, HOWEVER, that with respect to employees retiring after January 31, 1947, who have served as monthly salaried full time employees of the City of Valdosta prior to January 1, 1935, but who at the time of their retirement hereunder have so served an aggregate of less than twenty-five (25) years after January 1, 1935, such monthly retirement payments shall be paid partially from said retirement fund and partially from the general funds of the City of Valdosta, in the following proportions: Payments, from what funds.

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From said retirement fund shall be paid that proportion of such monthly payments that the time so served by such employee after January 1, 1935, bears to the aggregate length of such service of such employee, provided that in no event shall more than the last twenty-five (25) years of such service be considered, and the remainder of such monthly payments shall be paid from the general funds of said City. Section 8. Section 14 of said Act approved March 6, 1945, is hereby amended by striking said entire section and by inserting in lieu thereof the following: Sec. 14. Section 14. For the purposes of this Act, no employee shall be considered a monthly salaried full-time employee of the City of Valdosta during any period of time subsequent to April 1, 1945, with respect to which period of time the assessment provided for in Section 2 of this Act was not deducted from the salary of such employee. When a full-time employee. Section 9. Section 18 of said Act approved March 6, 1945, is hereby amended by striking from the last of the first sentence of said section 18 the following: Sec. 18. but no person shall receive a pension from the City of Valdosta and also payments from said retirement fund, and no person shall draw a salary from the City of Valdosta and payments from said retirement fund., and by inserting in lieu thereof the following: but no person shall receive a pension from the City of Valdosta and also payments from said retirement fund except as provided for in subsection (g) of Section 11 of this Act as amended. Payments of City pension and from retirement fund. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Section 11. There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by an affidavit of the authors hereof, to the effect that said notice has been published as provided by law. Published notice. Approved March 26, 1947.

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BAKER COUNTY SHERIFFBOND INCREASED. No. 187 (House Bill No. 221). An Act to increase the bond of the Sheriff of Baker County from $3,000.00 to $6,000.00; to make the effective date of this Act January 1, 1949; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same. Section I. The amount of the bond of the Sheriff of Baker County be and is hereby increased from $3,000.00 to $6,000.00. Increase. Section II. The effective date of this Act shall be January 1, 1949. Effective date. Section III. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 26, 1947. CORONERS' JURORS IN CERTAIN COUNTIESFEES INCREASED. Code 21-201. No. 188 (House Bill No. 222). An Act to increase fees of coroners' jurors for services in connection with the holding of inquests in counties having a population of not less than forty-three thousand eight hundred and seventy-five (43,875) and not more than forty-three thousand eight hundred and eighty-five (43,885), as determined by the United States census of 1940, from one dollar ($1.00) to two dollars ($2.00) and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That in counties having a population of not less than forty-three thousand eight hundred and seventy-five (43,875) and not more than forty-three thousand eight hundred and eighty-five (43,885), as determined by the

Page 761

United States census of 1940, the fee of a juror serving upon a coroner's inquest shall be two dollars ($2.00). Where Act applicable. Fee. Section 2. That that portion of Section 21-201 of the annotated Code of Georgia of 1933, which provides that The jurors sowrn and impaneled upon an inquest shall be paid $1 each for their services as jurors upon each inquest, shall not apply in counties having a population of not less than forty-three thousand eight hundred and seventy-five (43,875) and not more than forty-three thousand eight hundred and eighty-five (43,885). Where Code 21-201 inapplicable. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 26, 1947. VALDOSTA CHARTER AMENDMENTBONDS FOR PUBLIC SCHOOLS. No. 189 (House Bill No. 228). An Act to amend the Charter of the City of Valdosta, and to authorize the City of Valdosta to issue and sell its bonds for public school purposes; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia approved November 21, 1901, incorporating the City of Valdosta (Acts 1901, pages 670, et seq.), together with the Acts amendatory thereof, be and the same is hereby amended so as to authorize the Mayor and Council of the City of Valdosta, and they are hereby authorized, subject to the limitations and requirements imposed and provided by the Constitution and laws of general application of this State, to issue and sell bonds of said City for public school purposes at such times, in such amounts and of such denominations as said Mayor and Council may determine; and said Mayor and Council are hereby authorized to enter into such contracts and to do such other things as are needed or necessary to carry out the purpose and intention of this Act. Act of 1901 amended. Bonds authorized.

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Section 2. Be it further enacted, that said Mayor and Council be, and they are hereby authorized and required to pay over to the Board of Education of the City of Valdosta the proceeds of the sale of such bonds as soon as a sale is made of any or all of them, upon receipt to be signed by the Chairman and the Secretary and Treasurer of said Board of Education; PROVIDED, HOWEVER, that before paying said proceeds over to said Board of Education said Mayor and Council shall deduct and pay from said proceeds all expenses incurred by them in connection with issuing, validating, and selling said bonds, includingbut not limited toreasonable attorney's fees, and the expense of holding the bond election required by law in such cases. Proceeds of sale. Expenses. Section 3. Be it further enacted, that the proceeds of the sale of said bonds, when received by said Board of Education, shall become and be known as the Building Fund and shall be immediately deposited by said Board of Education in a separate Building Account with a proper legal depository selected and designated by said Board, and said proceeds shall be so kept on deposit by said Board at all times, except when invested in accordance with Section 6, hereof, until the same are expended and used for the purposes authorized by Section 4 hereof. Building Fund, Building Account. Section 4. Be it further enacted, that said Building Fund may be used and expended by said Board of Education to plan, erect, build, remodel, repair and equip public school buildings in the City of Valdosta; to purchase lands in the City of Valdosta on which to erect public school buildings; and to purchase lands and other property in the City of Valdosta for public school purposes, and to improve the same; but said Building Fund shall be expended by said Board of Education for no other purposes. Use of Fund. Section 5. Be it further enacted, that all funds in, or constituting a part of, said Building Fund shall be kept separate and apart from all other monies of said Board of Education, and shall be withdrawn or paid out from said Building Fund only by vouchers or checks signed by the Secretary and Treasurer of said Board and countersigned by the Chairman of said Board. How funds to be kept and paid. Section 6. Be it further enacted, that any and all funds constituting a part of said Building Fund and which are not

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actually needed immediately by said Board of Education for the purposes and uses authorized by Section 4 hereof, may be invested and reinvested by said Board of Education in such securities as municipalities are now authorized by Article VII, Section VIII, of the Constitution of Georgia, to invest sinking funds; and said Board of Education is hereby required to so invest, within six (6) months from said Board's collection or receipt of the same, all of such funds which will not be needed for said authorized purposes within twelve (12) months from the date of collection or receipt thereof. All income received from such investments shall constitute a part of and be added to said Building Fund. The question of when such funds are or will be needed by said Board of Education for said authorized purposes shall be within the sound discretion of said Board. Investment and reinvestment. Section 7. Be it further enacted, that the term Mayor and Council as used in this Act shall be held to mean the governing authorities of the City of Valdosta, whether they be known as Mayor and Council, Commissioners, or otherwise. Meaning of Mayor and Council. Section 8. Be it further enacted, that any person or persons violating the provisions of this Act shall be guilty of malpractice in office and shall be guilty of a misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors. Punishment for violations. Section 9. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Conflicting laws. Section 10. There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by an affidavit of the authors hereof, to the effect that said notice has been published as provided by law. Published notice. Approved March 26, 1947.

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SOLICITOR-GENERAL, STONE MOUNTAIN CIRCUITSALARY AMENDMENT. No. 190 (House Bill No. 230). An Act to amend an Act of the General Assembly of Georgia approved August 19th. 1918, Georgia Laws 1918, page 390. An Act to abolish the fee system now existing in the Superior Courts of the Stone Mountain Circuit, as applied to the office of Solicitor General, and all fees now, heretofore or hereafter accruing to the office of Solicitor General in said Circuit, in so far as the same constitutes the compensation attached to said office; to provide for the payment of a salary to said solicitor-general, in addition to the salary prescribed in paragraph 1 Section 13 of Article 6 of the Constitution of this State; to provide for the disposition of fines and forfeitures and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the Superior Courts of the Counties composing said Circuit, and upon the solicitor-general of said Circuit in reference to the collection, payment and disposition of all funds moneys and emoluments accruing to the office of the solicitor-general; to provide for the levy and collection of a tax by the county authorities of the various counties composing said Circuit for the purpose of paying the salary of said solicitor-general, and an Act to change and amend an Act of the General Assembly of Georgia, approved March 17, 1941, Georgia Laws 1941 page 989, the same being an Act of the General Assembly of Georgia fixing the salary of the solicitor-general at $5,000.00 per annum, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of Georgia, Georgia Laws 1941, page 989, be and the same is amended as follows, by striking the figures $5,000.00 where the same appear on page 990, Section 2, of said Act of Georgia Laws 1941, and by substituting in lieu thereof the figures $6,000.00 so that the same shall read when amended as follows: Sec. 2, act of 1941, amended. Salary increased. Section 2. The salary of the solicitor-general of the said Stone Mountain Circuit shall be the sum of $6,000.00 per

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annum in addition to the salary of $250.00 per annum prescribed in Paragraph 1 Section 13, Article 6 of the Constitution of the State, which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit, upon the basis of population; that is to say each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties of said circuit, according to the official federal census of 1940, until the completion and promulgation of the next official federal census, and then and in like manner as according to such succeeding official federal census. It shall be and it is hereby made the duty of the ordinary, county commissioners or other governing authority having control of county matters in each county in said circuit to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general quarterly in each year out of the funds of said counties; that is to say on the first days of April, July, October, and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners or other governing authority having control of said county matters to make provisions annually when levying taxes in their respective counties for the expenses of courts, for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties. Said salary of $6,000.00 and the additional constitutional salary of $250.00 shall be in full payment for all services of the solicitor-general for traveling and other expenses and all sums paid out by said solicitor-general for clerical and legal assistants engaged and employed by him, except as provided in Section 5 of this Act. Additional to constitutional amount. Payment. Taxes to pay parts chargeable to counties. What salaries include. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947.

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JUVENILE COURTS IN CERTAIN COUNTIESJUDGE'S SALARYAMENDMENT. No. 191 (House Bill No. 231). An Act to amend an Act, approved March 20, 1935, establishing Juvenile Courts in certain counties and providing for a judge thereof, and for other purposes, by providing that in counties having a population of 200,000 or more by the last U. S. census or any future census, the salary of the judge of said Juvenile Court shall be $8500.00 per annum, payable in equal monthly amounts out of the county treasury; and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act approved March 20, 1935, establishing Juvenile Courts in certain counties and providing for the appointment of the judge thereof and providing the compensation of said judge be, and the same is hereby amended by adding to the first section of Section I the following provision: Sec. I, act of 1935, amended. Provided, however, that in counties having a population of 200,000 inhabitants or more by the last U. S. census, or any future census, the salary of the judge of Juvenile Court is fixed at $8500.00 per annum, payable in equal monthly amounts, out of the county treasury, so that as amended Section I of the aforesaid section shall read as follows: Judge's salary, in certain counties. The salary shall be $8500.00 per annum, payable in equal monthly amounts out of the county treasury. Section II. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 26, 1947.

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BREMEN CHARTER AMENDMENTSTAXESREFERENDUM. No. 192 (House Bill No. 246). An Act to amend an Act approved December 30, 1898, Acts 1898, pages 136, 144, entitled An Act to repeal an Act entitled an Act to incorporate the town of Bremen, adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the town of Bremen, and to enact in lieu thereof a new charter for said town, etc., as amended by an Act approved August 22, 1907, Acts 1907, pages 475, 483, and as amended by an Act approved August 17, 1925, Acts 1925, pages 910, 914, by striking from the last line of Section 14 of said Act, as amended by the Act approved August 22, 1907, the words one and one-half per cent and by adding in lieu thereof the words twenty-two (22) mills, and to provide how said Section 14 of said Act shall read as amended; and by amending Section 18 of the amending Act approved August 22, 1907, as amended by the Act approved August 17, 1925, by striking from line 8, as it reads as amended by the 1925 Act, the word purposes and by adding in lieu thereof the words ordinary annual expense; by striking from line 9, as it was made to read by the 1925 Act, the words one and three-quarters per cent and by inserting in lieu thereof the words twenty-two (22) mills; and by striking from the last line of Section 18, as the same reads as amended by the 1925 Act, the words seven and one-half mills and by adding in lieu thereof the words twelve (12) mills; and providing how said Section 18 of the Act of 1907 as amended by the 1925 Act and as hereby amended shall read; to provide that this Act shall be submitted to the qualified voters of the city of Bremen for approval or rejection, to provide for the calling of an election, a proclamation of the results thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act approved December 30, 1898, Acts 1898, pages 136, 144, entitled An Act to repeal an Act entitled an Act to incorporate the town of Bremen,

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adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the town of Bremen, and to enact in lieu thereof a new charter for said town, etc., be, and the same is hereby amended by striking from the last line of Section 14 of said Act, as amended by an Act approved August 22, 1907, the words one and one-half per cent, and by adding in lieu thereof the words twenty-two (22) mills, so that said Section 14 of said Act as amended by the 1907 Act and as hereby amended, shall read as follows: Acts of 1907 and 1898 amended. Section 14. Be it further enacted by the authority of aforesaid, that for the purpose of raising revenue for the support and maintenance of the city of Bremen and the public school system therein, the mayor and councilmen of said city are hereby authorized to prescribe 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 to defray the ordinary annual expense and school expense of said city, said tax not to exceed twenty-two (22) mills. Sec. 14. Tax authorized. Section 2. That Section 18 of the Act approved August 22, 1907, Acts 1907, pages 475, 483, which said Act of 1907 is an amending Act to the Act approved December 30, 1898, Acts 1898, pages 136, 144, as amended by an Act approved August 17, 1925, Acts 1925, pages 910, 914, be, and the same is hereby amended by striking from line 8, as it reads as amended by the 1925 Act, the word purposes, and by adding in lieu thereof the words ordinary annual expense, and by striking from line 9, as it was made to read by the 1925 Act, the words one and three-quarters per cent and by inserting in lieu thereof, the words twenty-two (22) mills, and by striking from the last line of Section 18, as the same as is made to read by the Act of 1925, the words seven and one-half mills, and by adding in lieu thereof, the words twelve (12) mills, so that said Section 18 of the Act of 1907, as amended by the Act of 1925, and as hereby amended, shall read as follows: Sec. 18, act of 1907, and act of 1925, amended. Section 18. Be it further enacted by the authority of the aforesaid that if the election provided for in the amendment to said charter shall be in favor of local taxation for public schools, then the Mayor and City Council

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of the city of Bremen shall be authorized and empowered to assess, levy and collect a tax on all the taxable property of every kind whatever, in said city, which together with the ad valorem tax assessed for other ordinary annual expense in said city, shall not exceed twenty-two (22) mills, the amount of said school tax shall always be specified in the ordinance levying the same, which said school tax shall be exclusively for the purpose of establishing and maintaining said school, which tax for school purposes shall not exceed twelve (12) mills in any year. Section 3. That any time after the passage of this Act and its approval by the Governor, the Mayor and Council of said city of Bremen may call an election in said city of Bremen, to determine whether or not the foregoing amendments shall go into effect, which election shall be held as elections are held in and for said city, for mayor and council, and the qualified voters shall be the same as in the election of mayor and council for said city. Notice of which shall be made at least twenty (20) days prior to said election by publication in two issues of any newspaper published in said city, or by posting said notice in three conspicuous places within said city. At said election the ballots used therein shall have written or printed thereon the words For amendment to city charter authorizing the levy of a tax of twenty-two (22) mills for school and ordinary annual expense, and Against amendment to city charter authorizing the levy of a tax of twenty-two (22) mills for school and ordinary annual expense. Referendum. Procedure. Section 4. That if a majority of the voters at said election shall vote in favor of the increase of tax as herein provided, the mayor and council shall be authorized and empowered, and it shall be the duty if the same be necessary, to levy a tax of twelve (12) mills for school purposes, ten (10) mills for the ordinary annual expense of the city for the year of 1947, and each and every year thereafter, provided this Act is ratified as provided for herein. If vote for tax increase. Section 5. That said election herein provided for, as specified herein, when called by the Mayor and Council and so held, the returns of the same shall be made to the Mayor

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and Council, who shall declare the results of such an election, and shall enter the order declaring the results upon the minutes of the city. Election returns. Section 6. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. QUITMAN COUNTY BOARD OF COMMISSIONERSACT REPEALED. No. 193 (House Bill No. 251). An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues for the County of quitman, and to define the powers and duties thereof, approved February 22, 1873, and all acts amendatory thereof; to provide when said acts shall become effective; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, An Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of quitman, and to definite the powers and duties thereof, approved February 22, 1873, as amended by the Act of 1911 approved July 28, 1911, and as amended by the Act of 1919 approved August 18, 1919, and amended by the Act of 1929 approved August 24, 1929, and as amended by an Act approved August 28, 1931, be, and the same is hereby repealed. Acts creating repealed. Section 2. Be it Further enacted by the authority aforesaid that this Act shall become of force and effect upon the qualification of a Commissioner of Roads and Revenues in and for said County of Quitman under a companion bill providing for the creation of such office, and only in the event such companion bill is enacted into law. Date effective. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 26, 1947.

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QUITMAN COUNTY COMMISSIONER OF ROADS AND REVENUES. No. 194 (House Bill No. 252) An Act to create the office of Commissioner of Roads and Revenues in and for the county of Quitman; to define the powers and jurisdiction and to prescribe the duties of such commissioner; to provide for the election and appointment of such commissioner and to provide for the first commissioner until a successor is elected, appointed, and qualified; to provide for the qualifications, the term of office, and compensation of such commissioner; to require said commissioner to make semi-annual reports to the Grand Jury of said county; to require said commissioner to make quarterly reports giving in detail receipts and expenditures and financial standing of the county; to require said financial statement to be posted at the courthouse each quarter; to provide when said Act shall become effective; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That there shall be and is hereby created in and for the county of Quitman, said State, the office of Commissioner of Roads and Revenues, such commissioner to have the powers and jurisdiction and to be charged with the duties as hereinafter provided; and persons who are twenty-five (25) years of age or more and who are otherwise eligible to hold other county offices in said county shall be eligible to hold the office of Commissioner of Roads and Revenues of said county. Commissioner's office created. Section 2. The term of office of such commissioner shall be for two (2) years beginning January 1, 1949. The first commissioner hereunder shall be elected and appointed as follows: The Grand Jury at the September Term 1948 of Quitman County Superior Court, while in lawful session and by a majority vote, shall elect a Commissioner of Roads and Revenues for said county and such person so elected shall be commissioned by the Judge of the Superior Court by an Order entered upon the minutes of said Court. Term, election. Section 3. Before entering upon the discharge of his

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duties, the Commissioner of Roads and Revenues of said county shall give bond in the sum of five thousand dollars ($5,000) with some responsible surety company authorized to do business in Georgia as his surety, payable to and approved by the Ordinary of said county, and conditioned for the faithful performance of the duties of the office and the full and true accounting for all monies, funds, and effects of said county going into his hands or coming under his custody, possession, and control or expended by virtue of his direction, such bond to be filed in the office of the Ordinary and be there recorded and safely kept. The premiums on said bond shall be paid by said county out of its funds. Bond. Section 4. In addition to the oath required of all county officers, such commissioner shall take on additional oath to perform the duties of his office truly and faithfully, to the best of his skill and knowledge, and to account for all money, property and effects of said county going into his possession, custody, or control and/or expended by or under his direction. Oath. Section 5. Should a vacancy occur by reason of the death, resignation, removal from the county of said commissioner, or otherwise, the Ordinary of said county shall name and appoint a commissioner to fill said vacancy until a successor is elected and qualified as hereinafter provided. If at the time of the vacancy a grand jury be then in session, such grand jury shall elect a successor who shall be commissioned by the judge of the Superior Court as hereinabove provided to fill such unexpired term. If no grand jury is in session at the time, then the first grand jury convened and in session thereafter, either at a regular term of court or a special or called session, shall elect a commissioner who shall be commissioned by the judge of the superior court as hereinbefore provided to fill the unexpired term. Vacancy. Section 6. Said commissioner shall be required to give and devote so much time thereof as may be necessary to the business and interest of said county of Quitman in the performance and discharge of his duties, and shall receive as compensation for his time, the sum of not less than six hundred dollars ($600) nor more than twelve hundred

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dollars ($1200) per annum, the sum to be fixed by the grand jury of said county at the time of the election of said commissioner, which said salary shall not be decreased or increased during his term of office; also $50.00 per month to cover all expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimbursement, for expenses, emoluments, or perquisites whatsoever. The said salary is to be paid monthly or otherwise as such commissioner may elect. Time to office. Compensation. Expenses. Section 7. Said commissioner of Roads and Revenues shall have authority to employ a competent clerk, at a salary not to exceed twelve dollars ($12) per month, and shall prescribe the duties of such clerk and may, with or without cause, discharge such clerk at any time. Clerk. Section 8. Said commissioner shall have and maintain an office at the courthouse of said county for the transaction of business and such office shall be kept open during the usual office hours (Sundays and holiday excepted) and during such office hours the books of said commissioner and other public records in his custody shall be subject to inspection by any citizen of said county, provided such investigation shall be so conducted as not to seriously interrupt the necessary business of said office. Courthouse office. Inspection of records. Section 9. Said commissioner shall pay over to the Treasurer of said county all monies, funds and property of said county which may come under his control by virtue of his office. Said commissioner shall be in charge of the courthouse of said county, and may designate rooms and offices for the different officers occupying the same, and shall furnish at the expense of the county the necessary office furniture, equipment, books, stationery, etc., for his office, as well as all other offices of the county officers of said county, at the county expense. No funds of said county shall be paid out except on vouchers, warrants, or drafts drawn on County Treasurer duly signed by the commissioner and on bills approved and allowed by the commissioner, and which bills have been entered on the minutes required to be kept by the commissioner. Payments of monies, etc. In charge of courthouse. Vouchers, warrants, etc.

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Section 10. All purchases of and for said county of Quitman or its several departments, or for its several officers, and all contracts for such purchases, as well as any other contracts purporting to bind said county, shall be made by said commissioner, and no purchase or contracts whatsoever made by any other person, officer or employee of said county shall be binding on said county of Quitman, but the same shall be null and void. County purchases and contracts. Section 11. Be it further enacted that said Commissioner of Roads and Revenues shall have jurisdiction of the following subject matters in said county, to wit: In managing and controlling the property of said county, and of levying and collecting taxes as provided by law; in establishing, altering, and abolishing roads, ferries, and bridges, and constructing, building, maintaining and working the public roads, bridges, and highways of said county, and in removing obstructions therefrom; in establishing, abolishing, controlling, operating, and managing the chaingang in said county; in establishing and changing election precincts and militia districts; in examining and auditing accounts and legal claims against said county and authorizing payment thereof; in examining and auditing the accounts of all officers having the care, management, control, collection, or disbursement of any money or funds belonging to said county or appropriated for its use or benefit, and bringing them to settlement; in regulating and managing the paupers and in disbursing the pauper funds of the county, and in acquiring a farm in said county for the use of such paupers and for raising supplies for the chain-gang of said county; in regulating the matter of peddling in said county, and fixing the cost of licenses therefor as he may think proper; and in adopting such measures to promote public health as he may deem advisable. And said Commissioner of Roads and Revenues shall have and exercise all power heretofore vested in the justices of the inferior court and in the ordinary when sitting for county purposes, and shall have such other powers as are granted by law or as may be indispensable to the jurisdiction of said commissioner. Commissioner's jurisdiction and powers. Section 12. Be it further enacted that said commissioner shall have authority to employ and fix the compensation of

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a county physician for the purpose of giving proper medical aid and treatment to the paupers, convicts, and prisoners of said county, and for the performance of such other services as may be necessary in relation to the administration of the county affairs by said commissioner. He shall also have authority to employ and fix the compensation of a county attorney or attorneys and prescribe their duties in reference to advising said commissioner in all legal matters in reference to the administration of the affairs of said county, and to represent said county in all matters of suits or claims. County Physician. Attorney. Section 13. Be it further enacted that said commissioner shall be and is authorized to employ and fix the compensation of wardens, guards, superintendents of roads, and such other employees as may be necessary for the proper building, maintaining, and repairing roads and bridges; for operating the county chaingang; or any other matters within the jurisdiction of said commissioner. All persons employed by said commissioner in the administration of the affairs of said county shall be subject to be discharged or dismissed by said commissioner whenever such commissioner shall find that it is to the interest of said county for such employees to be discharged or dismissed. Wardens, guards, superintendents of roads, and other employees. Section 14. Be it further enacted that said commissioner shall keep minutes of all of his acts and proceedings, and shall keep or have kept a system of books according to modern methods, in which shall be properly entered all the receipts, purchases, expenses, and disbursements of said commissioner, properly itemized and dated, and also showing the amount of all unpaid vouchers, notes, drafts, checks and obligations that have been made or issued by said commissioner, and also showing the true financial condition of the county. At the end of each quarter said commissioner shall post on the courthouse door of said county an itemized statement of all receipts and disbursements of the commissioner during the quarter preceding. Said commissioner shall submit to the grand jury, at the September Term of Quitman Superior Court in each year, a report showing the true financial condition of said county, together with a statement of all receipts and disbursements made by said commissioner from the beginning of his term of office up to the time of such report. The grand jury of Quitman County

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may at any time in its discretion employ an auditor to audit the books and records of all the officers of said county of Quitman except school officials, and a copy of such audit, when made, shall be delivered to the next grand jury after said audit is made. The costs and expense of such audit shall be paid from the county funds on the order of the Judge of the Superior Court of said county. Nothing in this Act shall be construed to prevent the Commissioner of Roads and Revenues, when he is not to succeed himself, from having an auditor at the county expense to check such commissioner out of office and to check in the successor. Minutes, books. Other duties. Audits. Section 15. Said commissioner, until otherwise ordered by him, shall hold monthly sessions at the courthouse of said county, on the first Monday in each month, but may adjourn from time to time and hold adjourned and special sessions as may be deemed necessary or convenient. The commissioner may change the date of holding his court, and may hold a court weekly or otherwise as may be ordered by him by an order duly entered on the minutes. All processes, original, reissue, or final, and citation and notices issued by or in behalf of said commissioner shall be signed either by said commissioner or by his clerk under test of said commissioner, except in cases where the law provides otherwise. Sessions. Court procedure. Section 16. Be it further enacted that this Act shall become effective and of force only in the event of the passage of a companion bill providing for the repeal of An Act to create a Board of Commissioners of Roads and Revenues in and for the county of Quitman, and to define their powers and duties thereof, approved February 22, 1873, and all amendatory Acts thereof. Date effective. Section 17. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 26, 1947.

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VIENNA CHARTER AMENDMENTSZONING, PLANNING, BUILDING; NUISANCES, GARBAGE; EXECUTIONS. No. 195 (House Bill No. 253). An Act to amend an Act approved 16 August 1915, contained in Georgia Laws 1915, at pages 899 to 941, inclusively, creating a new charter for city of Vienna, so that the governing authorities of Mayor and City Council of Vienna are authorized to pass zoning and planning laws for various uses and other and different uses prohibited therein, to regulate the use for which zones or districts may be set apart, to regulate plans for development and improvements on real estate therein, to create or divide into districts for two or more of the following purposes, namely: residential, commercial, institutional and industrial, and to enforce such regulations by suitable penalties; that said authorities may define, regulate and abate nuisances, regulate collection, removal and disposal of rubbish, waste, garbage and noxious and unwholesome substances accumulating within its city limits, prevent deposit of such substances on either public or private property, compel its removal to designated areas within the city, require occupants of premises to place them conveniently for removal, limits character and amount of vegetation that may be grown within city limits and provide for its removal by occupants or persons controlling the same, or by both, provide that in default of removal of vegetation, garbage or other substances that said governing authorities may cause work to be done, and assess the costs of same against occupant and person controlling the same, or either, and enforce the same by writ of execution to be issued by its clerk and levied by any lawful executing officer, and for other purposes therein mentioned. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act of the General Assembly approved 16 August 1915, contained in Georgia Laws 1915, at pages 899 to 941, inclusively, creating a new charter for the city of Vienna, as heretofore amended, be, and the same hereby is, further amended as follows: Act of 1915 amended.

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Section 1. That the governing authorities, both present and future, of Mayor and City Council of Vienna, are hereby authorized and empowered to pass zoning or/and planning laws for various uses and other or/and different uses prohibited therein, to regulate the use for which zones or districts may be set apart, to regulate plans for development and improvements of real estate therein, and, without curtailing the generality of the foregoing grant of authority under Article III, Section VII, Paragraph XXIII, of the Constitution of the State of Georgia, said governing authorities are empowered to create or divide the municipality, as now laid out or hereafter extended, into districts for two or more of the following purposes, namely: residential, commercial, institutional and industrial, within some of which it shall be lawful and within others or another it shall be unlawful to erect, construct, alter or maintain certain buildings or structures or to carry on certain trades or callings or within which the height and bulk of future buildings or structures shall be limited, to regulate, restrict and segregate the location of industries, trades or callings, the location of apartment or tenement houses, clubhouses, group residences, single-, or multiple-, family dwellings, the several classes of public-, or semi-public-, buildings, to establish building lines on the several streets, avenues and passageways of the municipality, to regulate the subsequent alteration, enlargement, extension or substitution of buildings or structures now or hereafter located in the said municipality, and to enforce such regulations by suitable penalties. Zoning and planning. Building, regulation. Building lines. Section 2. That for the purpose of providing an instrumentality to aid the governing authorities in the premises the said authorities may at any lawfully assembled meeting provide by ordinance the establishment of a planning board, the membership of which shall be not less than three nor more than seven members, prescribe the compensation, if any, of the members, define its duties, powers and authority, the mode of its proceedings and the term of tenure of the members of the said board. Planning Board. Section 3. That the foregoing sections shall be reasonably construed for the beneficial purposes and objects therein intended in the protection of the civic and social values therein contemplated. Construction of foregoing sections.

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Section 4. That the governing authorities of Mayor and City Council of Vienna are hereby further authorized and empowered to define, regulate and abate nuisances, to regulate the collection, removal and disposal of rubbish, waste, garbage and noxious and unwholesome substances from time to time hereafter accumulating within its city limits, as now laid out or hereafter extended, prevent the deposit of such substances on either public or private property within its limits, compel its removal to designated areas within said limits, require occupants of premises to place conveniently for removal such substances, limit the character and amount of vegetation that may be grown within the city limits and provide for its removal by occupants or persons controlling the same or by both, provide that in default of removal of vegetation, garbage or other substances that said governing authorities may cause work to be done, assess the costs of the same against the occupany and person controlling the same, or either, provide for the enforcement of the payment therefor by issuance of a writ of execution to be issued by the clerk and treasurer of the municipality, levy and sale by any lawful executing officer or any other necessary means and process. Nuisances. Rubbish, garbage. Vegetation. Removal of substances. Section 5. The governing authorities of Mayor and City Council of Vienna are further empowered to issue writs of execution for the collection and recovery of any debt or claim, however arising, due or owing to Mayor and City Council of Vienna; however, the said authorities shall cause written notice to be served five days before the issuance of any writ, requiring cause, if any, to be shown why such writ of execution should not issue, stating in such notice the time and place of hearing at which time and place the said authorities shall hear and pass upon all objections to the issuance of such writs. Service of notice shall be personal as to residents of the municipality, and may be made by the chief of police mailing, postage prepaid, to any non-resident at such person's last known address as shown on the records of the municipality, such notice. Any person who being notified to show cause in the premises fails to show cause shall be precluded from thereafter objecting to the issuance and collection of the writ issued. Any person dissatisfied with the action of the governing authorities may

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have the right of certiorari to Dooly Superior Court under existing laws. Executions certiorari Section 6. That if any provision of this enactment or the application thereof as to any person or circumstances is held by any court of competent jurisdiction to be null, frustrate or inoperative, such holding of invalidity shall not affect or disturb the operation of other provisions or applications of the said enactment which can be given effect without the invalid provision or application, and to this end notwithstanding other evidence of intent the provisions of this enactment are declared to be severable. If part of act invalid. Section 7. That all laws in conflict with this enactment are hereby repealed to the extent of the conflict. Attached hereto and made a part hereof is a copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia. Conflicting laws. Published notice. Approved March 26, 1947. DIRECTOR OF ENTOMOLOGYSALARY. No. 196 (House Bill No. 254). An Act Authorizing the Governor to fix the compensation of the Director of Entomology; 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 I. That from and after the approval of this Act the Governor is authorized to fix the salary of the Director of Entomology in the amount of Five Thousand ($5,000.00) Dollars per annum, and the amount now provided by law shall be the minimum. Governor authorized to fix at $5,000. Section II. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947.

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PULASKI COUNTY COMMISSIONERSCLERK'S SALARY RAISED. No. 197 (House Bill No. 258). An Act to amend an Act approved January 25, 1938, Georgia Laws 1938, pp. 873-874, amending an Act approved August 7, 1924, Georgia Laws 1924, p. 363, by raising the salary of the clerk of the Board of Commissioners of Roads and Revenues of Pulaski County from ($900.00) nine hundred dollars per annum to ($1200.00) twelve hundred dollars per annum; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That the Act approved January 25, 1938, Georgia Laws 1938, pp. 873-874, amending an Act approved August 7, 1924, Georgia Laws 1924, p. 363, and setting forth a new Section 2 of the Act of 1924, be and said Act is hereby amended by striking from Section 2 of the Act of 1924 as made to read by the Act of 1938, and from the line next to the last the figures and words (900.00) nine hundred and adding in lieu thereof the figures and words ($1200.00) twelve hundred so that the salary of the clerk of the Board of Commissioners of Roads and Revenues of the County of Pulaski shall be ($1200.00) twelve hundred dollars annually and so that Section 2 of the Act of 1924 as amended by the Act of 1938 and as hereby further amended shall read as follows: Sec. 2, act of 1924, and act of 1938 amended. Clerk's salary raised. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of the County of Pulaski shall have the authority to employ a clerk of said board whose duty it shall be to keep the books of the board and to make a record of all the acts and doings of the board in the minute book kept for such purpose, and also shall keep all other records and accounts of the board and perform such other acts and duties as may be required by the board, not inconsistent with the provisions of this Act or of the laws of the State; said clerk to be paid an annual salary not to exceed the sum of ($1200.00) twelve hundred dollars, said sum to be paid monthly out of the treasury of said county.

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Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. PULASKI COUNTY TREASURERABOLISHING ACTS REPEALEDORDINARY'S BOND AND COMPENSATION. No. 198 (House Bill No. 259). An Act to repeal in its entirely an Act approved March 5, 1937, Georgia Laws 1937, Pages 1406-1407, being an Act to amend an Act to abolish the office of treasurer of Pulaski County; to repeal in its entirely an Act approved February 10, 1939, Georgia Laws 1939, Pages 706-707; to repeal an Act approved March 20, 1935, Georgia Laws 1935, Pages 776-777, entitled an Act to amend an Act entitled an Act to abolish the office of treasurer of Pulaski County, being an Act to amend an Act to abolish the office of treasurer of Pulaski County; to amend an Act found in Georgia Laws 1927, Pages 646-647, entitled an Act to abolish the office of treasurer of Pulaski County; by striking from line 8 of Section 3 the words twenty-five thousand, and by inserting in lieu thereof the words twelve thousand five hundred, and by striking from line 3 of Section 4 the words five hundred and inserting in lieu thereof the words twelve hundred, to provide how said Sections 3 and 4 of said Act 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 an Act approved March 5, 1937, Georgia Laws 1937, Pages 1406-1407, being an Act to amend an Act to abolish the office of treasurer of Pulaski County be, and said Act is hereby repealed in its entirety. Act of 1937 repealed. Section 2. That an Act approved February 10, 1939, Georgia Laws 1939, Pages 706-707, being an Act to amend an Act to abolish the office of treasurer of Pulaski County be, and said Act is hereby repealed in its entirety. Act of 1939 repealed.

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Section 3. That the Act approved March 20, 1935, Georgia Laws 1935, Pages 776-777, being an Act to amend an Act to abolish the office of treasurer of Pulaski County be, and said Act is hereby repealed in its entirety. Act of 1935 repealed. Section 4. That the Act found in Georgia Laws 1927, Pages 646-647, being an Act to abolish the office of treasurer of Pulaski County be, and said Act is hereby amended by striking from line 8 of Section 3 thereof the words twenty-five thousand and by inserting in lieu thereof the words twelve thousand five hundred, so that said Section when so amended shall read as follows: Act of 1927 amended. Section 3. Be it further enacted by the authority aforesaid, that the said ordinary shall give a bond for the faithful performance of the duties imposed upon him by this Act, in such sum as may be determined by the Commissioners of Roads and Revenues of said county, giving a surety on said bond one or more responsible fidelity or surety companies; provided, that the amount of said bond shall not be less than twelve thousand five hundred dollars. The cost of making said bond shall be paid out of the funds of said county on warrant of the Commissioner of Roads and Revenues. Sec. 3. Amount of Ordinary's bond. Section 5. That the Act found in Georgia Laws 1927, Pages 646-647, being an Act to abolish the office of treasurer of Pulaski County be and said Act is hereby amended by striking from line 3 of Section 4 the words five hundred and by inserting in lieu thereof the words twelve hundred so that said Section when so amended shall read as follows: Act of 1927 amended. Section 4. Be it further enacted, that the ordinary of said county shall receive, as compensation for the services required of him under this Act, the sum of twelve hundred dollars per annum, payable in monthly installments by warrants of the Commissioner of Roads and Revenues. Sec. 4. Ordinary's compensation increased. Section 6. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947.

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CORONERS' FEES AND INQUEST JURORS' PAY IN CERTAIN COUNTIES. No. 199 (House Bill No. 260). An Act to provide for the fees of Coroner; to provide for pay for jurors in Coroner's inquest; in the counties in this State having a population of not less than 9,827 and not more than 9,832 according to the United States Census of 1940 and any future census; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That from the passage of this Act, in such counties in Georgia having a population of not less than 9,828 and not more than 9,832 according to the United States census of 1940 and any future census the Coroner of such County shall be paid the following fees: For summoning an inquest on a dead body and returning an inquisition $15.00. Counties affected. Coroners' fees. Section 2. Be it further enacted that the jurors serving as now provided by law in an inquest in such county shall receive $2.00 each as jurors in each inquest. Jurors' pay. Section 3. Be it further enacted that all laws and parts of laws in conflict with this act be, and they are, hereby repealed. Approved March 26, 1947. WAVERLY HALLTAX FOR CEMETERY. No. 200 (House Bill No. 266). An Act To amend an Act approved July 29, 1914, Georgia Laws 1914, pp. 1211, 1220, entitled An Act to incorporate the town of Waverly Hall, in Harris County by adding at the end of Section 19 a new sentence to provide as follows: Said mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery whether located inside or outside of the corporate limits of said Town of Waverly Hall, and said special tax of one-half to one

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mill for maintaining said cemetery shall be in addition to all other tax which the city may levy as provided herein.; to provide 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 the Act approved July 29, 1914, Georgia Laws 1914, pp. 1211, 1220, entitled An Act to incorporate the town of Waverly Hall, in Harris County, be and said Act is hereby amended by adding at the end of Section 19 of said Act the following sentence: Said mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery whether located inside or outside of the corporate limits of said town of Waverly Hall, and said special tax of one-half to one mill for maintaining said cemetery shall be in addition to all other tax which the city may levy as provided herein, so that said Section 19 when so amended shall read as follows: Act of 1914 amended. Sec. 19. Be it further enacted, that said mayor and council shall or may levy and collect for town purposes a tax not to exceed one-half of one per cent. on all real and personal property in said town, and which is subject to be taxed under the laws of Georgia; said tax to be assessed in the manner now provided by law for assessing taxes on property in municipal corporations, found in Sections 862 and 863, Chapter 2, Article 1, of the Code of Georgia, 1911. Said property to be assessed at its value on the first day of April of each year; provided, however, the taxpayers shall first have the right to give in their tax under oath during the month of April, and when so given in said assessors may, in their discretion, decrease or increase said tax returns so as to get at its true tax value. The tax thus provided for shall be due and payable by the first day of December of each year, beginning with the year 1915. Also said mayor and council shall have the right to levy an occupation tax on all kinds of business callings, professions or occupations carried in said town, except those exempted by the State law, and to enforce the collection of the same in the manner hereinafter

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provided, or to punish by proper ordinance any person failing to pay said tax or the license fee before engaging in business. Said mayor and council shall have the power and right to levy a special tax of one-half to one mill for the purpose of maintaining a cemetery whether located inside or outside of the corporate limits of said town of Waverly Hall, and said special tax of one-half to one mill for maintaining said cemetery shall be in addition to all other tax which the city may levy as provided herein. Sec. 19. Taxes. Special tax for cemetery. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. WILCOX COUNTY COMMISSIONERSPRIMARIESVOTE BY DISTRICTS. No. 201 (House Bill No. 271). An Act to amend an Act approved March 24, 1939 entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of commissioners, and to prescribe his duties and powers and provide for his compensation; to provide for the establishment of five commissioner's districts in said county; to provide for a clerk of said board, county attorney, county physician, warden, and other employees of said county, to prescribe their powers and duties and for their compensation; to fix the time of meeting of said board; to provide for annual audits of all officers of Wilcox County handling any County funds, and for other purposes (Ga. Laws 1939, pp. 782-790) by inserting in Section 5 after the word whole and before the word should in the third line on page 786 of said Act the following language: Provided however, That

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in all primary elections held or conducted by any political party for the nomination of candidates for the office or offices of commissioners of roads and revenues of said County of Wilcox, the candidate or candidates, as the case may be, for nomination for such office, shall be voted for and nominated by the qualified voters of the particular commissioner's district in which such candidate lives or candidates live and from which he is, or they are eligible for election, and the qualified voters of the several commissioner's districts of said county shall be permitted, in such primary election, to vote only for a candidate and select a nominee for the particular commissioner's district of which they are qualified voters; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 24, 1939 entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of commissioners, and to prescribe his duties and powers and provide for his compensation; to provide for the establishment of five commissioner's districts in said county; to provide for a clerk of said board, county attorney, county physician, warden, and other employees of said county, to prescribe their powers and duties and for their compensation; to fix the time of meeting of said board; to provide for annual audits of all officers of Wilcox County handling any County funds, and for other purposes; be, and the same is hereby amended by inserting in Section 5 of said Act after the word whole and before the word should in the third line on page 786 of said Act, the following language: Provided however, that in all primary elections held or conducted by any political party for the nomination of candidates for the office or offices of commissioners of roads and revenues of said County of Wilcox, the candidate or candidates, as the case may be, for nomination for such

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office, shall be voted for and nominated by the qualified voters of the particular commissioner's district in which such candidate lives or candidates live and from which he is, or they are eligible for election, and the qualified voters of the several commissioner's districts of said county shall be permitted, in such primary election, to vote only for a candidate and select a nominee for the particular commissioner's district of which they are qualified voters. so that Section 5 of said Act when so amended shall read as follows: Sec. 5, act of 1939, amended. Section 5. Be it further enacted by the authority aforesaid, that on the day the general election is held in said county for the election of State-house officers, beginning with the year 1940, there shall be held an election to elect five commissioners from the districts as provided in this Act, the three receiving the highest number of votes shall hold the office for four years, and the two receiving the lowest number of votes shall hold the office for two years and their successors shall be elected at the general election to be held for the election of State-house officers in 1942, and shall hold their office for a term of four years or until their successors are elected and qualified, and each of said Commissioners shall serve thereafter for a term of four years. All of said commissioners shall be elected by the voters from the county as a whole, provided however, That in all primary elections held or conducted by any political party for the nomination of candidates for the office or offices of commissioners of roads and revenues of said County of Wilcox, the candidate or candidates, as the case may be, for nomination for such office, shall be voted for and nominated by the qualified voters of the particular commissioner's district in which such candidate lives or candidates live and from which he is, or they are eligible for election, and the qualified voters of the several commissioner's districts of said county shall be permitted, in such primary election, to vote only for a candidate and select a nominee for the particular commissioner's district of which they are qualified voters. Should a vacancy occur in the membership of said board, by death, resignation, or otherwise, the other members of said board shall elect his successor for the residue of the term of such commissioner made vacant,

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from the commissioner's district in which the vacancy exists; and should the said board fail to agree upon any one to fill said vacancy, for a period of thirty days from the date the vacancy occurred, then and in that event the ordinary of Wilcox County shall be advised by said board, and in that event the ordinary shall appoint a successor for the residue of the term of office of such commissioner, made vacant, from the commissioner's district in which the vacancy exists. Commissioners, elections. Primary. Vote according to districts. Vacancies. Section 2. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 26, 1947. GRADY TAX COMMISSIONER'S SALARYAMENDMENT. No. 202 (House Bill No. 283). An Act to amend an Act entitled an Act to Abolish the offices of Tax Receiver and Tax Collector of Grady County, Georgia, and to create the office of Grady County Tax Commissioner, and for other purposes, approved August 24, 1931, and any and all acts amendatory thereof, by striking Section 7, as amended, of said Act in its entirety and by inserting and substituting in lieu of said Section 7 as amended a new section numbered 7, so as to fix, define and redetermine the salary of said Tax Commissioner and to vest in the Board of Commissioners of Roads and Revenues of said county the power and authority to fix the salary of said Tax Commissioner from time to time within a minimum and maximum salary as set out in said new Section numbered 7, 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 all of Section 7 of the Act creating the office of Grady County Tax Commissioner, approved August 24, 1931, including the amendment thereto approved February 26, 1935, be and the same is hereby stricken and repealed in its entirety, and the following inserted and substituted in lieu thereof, to wit: Sec. 7, act of 1931, as amended, 1935, stricken.

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Section 7: The salary of the Tax Commissioner of Grady County is hereby fixed at $3900.00 per year payable in monthly payments or installments by said county; provided, however, that the Board of Commissioners of Roads Revenues of said county be and they are hereby authorized and empowered, in their discretion, from time to time to redetermine and fix the salary of said Tax Commissioner within the maximum salary of $3900.00 as above stated and a minimum salary of $3000.00 per annum; it being the intention of this law that the salary of $3900.00 as first fixed and set out above shall merely be a maximum salary to prevail unless and until reduced or redetermined by said Board within the minimum and maximum as herein provided; and provided further the salary of said Tax Commissioner as fixed and allowed from time to time under the provisions of this Section shall be received and paid as full compensation for all duties performed by him as Receiver and Collector of State, County, School District, and any and all other taxes, including professional, poll and special taxes, as well as costs for issuing tax fi. fas., and that out of such salary he shall pay for whatever clerical help that may be necessary for him to have to perform the duties of said office. New section. Maximum and minimum salary. Board of Commissioners' authority. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. CHATHAM SUPERIOR COURTTERMS. No. 203 (House Bill No. 284). An Act to name and fix the Terms of the Superior Court of Chatham County, Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that from and after the passage of this Act the four terms of the Superior Court of Chatham County, Georgia, shall be known as the December, March, June and September Terms. The December Term shall commence on the first Monday in December, the March Term shall commence

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on the first Monday in March, the June Term shall commence on the first Monday in June, and the September Term shall commence on the first Monday in September of each year. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1947. VOTING MACHINES AND ELECTIONS IN CERTAIN CITIES. No. 204 (House Bill No. 285). An Act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all municipalities and cities in the State of Georgia having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, by direct action of the Mayor and Council, Mayor and Aldermen, or other governing authorities of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, or by referendum; to prescribe regulations with reference to the adoption, requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; to provide rules and regulations for the conduct of elections held with voting machines; to prescribe the qualifications, number and duties of election officers in election districts or precincts in which voting machines may be used; to provide for the experimental use of voting machines; to place additional duties upon the Mayor and Council, Mayor and Aldermen, or other governing authorities of municipalities and cities in the state of Georgia having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, and others; to provide for redistricting or redivision and/

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or consolidation of election districts or precincts, and for the creating of election precincts in which voting machines may be used; to provide for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; to provide penalties for violation of the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that at all elections hereafter held in all municipalities and cities in the State of Georgia having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, whether regular, special, or other elections held under or by authority of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, or any election held for the purpose of determining any question or matter which may be submitted to and referred to the vote of the people of any such municipality or city, 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 municipality or city, 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. Cities affected by Act. Voting machines authorized. Section 2. Be it further enacted by the authority aforesaid, that the Mayor and Council, Mayor and Aldermen, or other governing authorities of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future 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 machine meeting the requirements of this Act as hereinafter provided, in any one or more voting precincts within said municipality or city, and thereafter

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said machine and any requisite number of same may be used for voting at all elections for public officers and at all regular, special and other elections held by or under the authority of any such municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future 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 municipality or city, 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, as the Mayor and Council, Mayor and Aldermen, or other governing authorities shall direct. How governing authorities may put into effect. Section 3. Be it further enacted by the authority aforesaid, that the Mayor and Council, Mayor and Aldermen, or other governing authorities of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, may, upon their own motion, submit to the qualified electors of the municipality or city, of the aforesaid description, at any regular or general election, the question shall voting machines be used in the City of.....?. May submit question to voters. (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 1% of the qualified electors of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, and addressed to the Mayor and Council, Mayor and Aldermen, or other governing authorities of any such municipality or city, the latter shall, at the next regular election occurring at least thirty days thereafter, submit to the qualified electors of such municipality or city, the question shall voting machines be used in the City of.....?. Petition for submittal of question. Submittal. (c) The Mayor and Council, Mayor and Aldermen, or other governing authorities of the municipality or city, to which the aforesaid petition is addressed as hereinabove

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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. Ballots. (d) The election on said question shall be held at the places, during the hours, and under the regulations, provided by law for holding municipal or city elections, and shall be conducted by 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 questions and shall make returns thereof to the proper officials of such municipality or city, for which said election may be held, as required by law. Election on question. 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 municipality or city, or in any part thereof. In such event the Mayor and Council, Mayor and Aldermen, or other governing authorities of the municipality or city, in which said vote shall have been cast, shall purchase, or lease, or rent for each election district or precinct of such municipality or city, one or more voting machines, of a kind or kinds which meet the requirements of this Act as hereinafter provided. The Mayor and Council, Mayor and Alderman, or other governing authorities of the municipality or city may provide in each election district or precinct in which voting machines are to be used one voting machine for each five hundred registered voters, or fraction thereof, therein, and shall provide one voting machine for each six hundred registered voters, or fraction thereof, therein. Procedure after election. Installation of machines. How many. 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

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operation; and, in one operation, to vote for all the 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 votes 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 againt 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 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 devices 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 ballot-labels, 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

Page 796

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 available 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 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 of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Requirements as to machine. Section 6. Be it further enacted by the authority aforesaid, that the authorities of any municipality or city, 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 municipality or city, hereinabove referred to. Experimental use at election.

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Section 7. Be it further enacted by the authority aforesaid that the Mayor and Council, Mayor and Aldermen, or other governing authorities of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 of any future Census, 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 municipality or city. They may for that purpose make leases, issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the municipality or city. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the local authorities may determine, subject to constitutional limitations. Provision for payment; leases, bonds, etc. Section 8. Be it further enacted by the authority aforesaid, that for any election in any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future 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 or districts may be created shall be made under the following provisions: Election precincts, districts, or wards. Provisions for. (a) The Mayor and Council, Mayor and Aldermen, or other governing authorities of the respective municipalities or cities shall of their own motion, or upon petition redivide wards or other geographical subdivisions of cities and/or of incorporated towns or villages 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 Mayor and Council,

Page 798

Mayor and Aldermen, or other governing authorities shall be of the opinion that the convenience of the voters and the public interests will be promoted thereby. (b) Petitions may be presented to the Mayor and Council, Mayor and Aldermen, or other governing authorities to redivide wards or other geographical subdivisions of cities and/or of incorporated towns or villages into election districts, or to consolidate election districts, by ten or more qualified voters of the districts involved. Such petitions may specify the boundaries desired by the petitioners. (c) Upon the redivision of any ward or other geographical subdivision of a city and/or incorporated town or village into election districts, and upon the consolidation of election districts under the provisions of this section, the Mayor and Council, Mayor and Aldermen, or other governing authorities shall appoint the necessary election officers and fix the places for holding the first election thereafter in said new districts or precincts. Section 9. Be it further enacted by the authority aforesaid, that the local authorities adopting a voting machine or voting machines shall, as soon as practicable thereafter, provide for each voting or polling place one or more voting machines according to the necessity therefor, 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 place when not in use at an election. Machine for each voting place. 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. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are

Page 799

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, 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 signatures of the election managers, or except upon the written order of the local authorities for good and sufficient reason which shall be stated in the order; the Mayor and Council, Mayor and Aldermen, or other governing authorities of the municipality or city, shall appoint not more than one custodian for every twenty machines, but in no case to be less than one custodian to each municipality or city, holding the election, and to receive such compensation as such local authorities prescribe. Placing, operation, and custody. Acts prohibited. Section 11. Be it further enacted by the authority aforesaid, that during the thirty days next preceding an election, 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 questions to be voted upon, the names and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines 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 prepared 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. Public exhibition and instruction. 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 in the same manner as provided may

Page 800

be done in Section 34-1905, as amended, of the Code of Georgia of 1933. When use by voter can be assisted. Section 13. Be it enacted by the authority aforesaid, further, that in any election district or precinct in which voting machines may have been adopted any voter, but only when required by his regular business and habitual duties to be absent from the 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 Chapter 34-33, as amended of the Code of Georgia of 1933. Absent voters. Section 14. Be it further enacted by the authority aforesaid, that in any election district or precinct of every municipality or city, in which voting machines may have been adopted the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement 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, 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 clerk of council, or other officer of the city or municipality holding the election charged with the duty, by law, of making all necessary preparations for the holding of all elections authorized, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangement of ballots at such election, and sufficient copies of same shall be furnished

Page 801

by him to the election managers of the respective voting or polling-places, as may be necessary, at the cost of the municipality or city. Ballot-labels. 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: Other supplies at polling places. (a) A lantern, or a proper substitute for same, 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. (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 diagram 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 any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and 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

Page 802

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 sample ballot-labels herein provided for, and the 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 the election managers shall meet in the said room at least one-half hour 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 the 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 after provision shall have been made for the use of written or printed ballot, the election shall proceed. The machine or machines so used in such election shall not thereafter be operated except by electors in voting. Other provisions as to ballot labels, machines, and elections. (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 governing body of the city or municipality so using such machine or machines; provided, that if the time set by law for the opening of the polls on the day of election there is no such official present to hold the election, any three freeholders of the election precinct or district may superintend the election and hold and conduct the

Page 803

same, and shall administer the oath required to each other, which shall be of the same effect as if taken by a qualified officer; provided, that nothing herein contained shall be construed to hinder or prevent any one or more of said appointees of the governing body of the city or municipality so using such machine or machines 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 can not read and write shall not be competent to serve as managers of election. The election managers herein provided for, or freeholders acting in their stead as above provided for, shall take the oath prescribed by law for the election of members of the General Assembly. 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. The managers of election shall, upon notice from the clerk of council, or other officer of the city or municipality holding the election charged with the duty, by law, of making all necessary preparations for the holding of all elections authorized, 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. Said managers shall be judges of the qualifications of voters, and shall serve for such reasonable compensation as shall be prescribed by the governing body appointing them. All clerks may be dispensed with by the managers of elections in voting machine districts and precincts. Election officers. Duties; election procedure. 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.

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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 members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving full view of the registering counters and one of said election managers announcing in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. Procedure after election. 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 Write-in 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 office 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 and 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 elections. 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 writtne 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

Page 805

or machines may be 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. Ascertaining and announcing votes. Certificates as to results. Later procedure. Section 20. Be it further enacted by the authority aforesaid, that if a method of election for any candidate or offices 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 other 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 such or all candidates or offices or on such or all constitutional amendments, questions or propositions conducted by paper ballots at such precincts or districts. In such cases, ballots shall be printed for such or all candidates or offices, or for such or all 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 or all constitutional amendments, questions or propositions, in so far as paper ballots are used. When machines are impracticable. Ballots. 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 promptly deliver to the clerk of council, or official whose duties with relation to elections correspond thereto, of the city or municipality having held the election, or his duly authorized representatives the keys of the machine or machines enclosed in a sealed envelope. Keys of machine after election. 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 machines of the municipality or city, 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

Page 806

of the machines and keys. As soon as possible after the completion of the count of the votes cast at any election, the local authorities shall have the machine or machines removed to the place of storage provided for in this section. Custody and storage. 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. Official ballot, and other terms in Act, defined. And that as used in this Act: 1. The words ballot-labels shall means the cards, paper, or material, containing the names of offices and candidates and statements of questions to be voted on; 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 devices 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 the votes 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 on 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 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;

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9. The words election and elections, whenever used in this Act, shall be held to include and mean all regular, special or other elections held under or by the authority of any municipality or city in this State having a population of not less than 95,000 inhabitants and not more than 200,000 inhabitants according to the United States Census of 1940 or any future Census, also any general and all other elections hereafter held in any such municipality or city, 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. Violations of Act. Punishment. Section 25. Be it further enacted by the authority aforesaid, that except as modified by the provisions of this Act, the general laws regulating general, regular, special, and other elections, where not inconsistent with this Act, shall apply to all such elections, held in municipalities or cities adopting voting 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, in which an election is to be conducted by the use of such machine or machines. Application of other laws. Conflicts. 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

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of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining portions of the Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not been included herein. If part of Act unconstitutional. Section 27. Be it further enacted by the authority aforesaid, that all laws or parts of laws, 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 March 26, 1947. SCHLEY TAX COMMISSIONER'S SALARYAMENDMENT. No. 205 (House Bill No. 305). An Act to amend an Act approved March 2, 1943 (Georgia Laws 1943, pp. 1110, 1112) entitled An Act to consolidate the office of tax receiver and tax collector in the County of Schley, to fix the compensation for the officer performing the duties of said office when so consolidated, and for other purposes, by striking all of Section 2 thereof, which fixes the compensation of the tax commissioner, and enacting in lieu of said Section a new Section so as to provide that the compensation of the tax commissioner of Schley County shall be fixed by the county commissioners of roads and revenues; 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, 1943, entitled An Act to consolidate the office of tax receiver and tax collector in the County of Schley, to fix the compensation for the officer performing the duties of said office when so consolidated, and for other purposes (Georgia Laws 1943, pp. 1110, 1112) be and the same is hereby amended by striking all of Section 2 of said Act which fixes the compensation of the tax commissioner of Schley County and which reads as follows: Sec. 2, act of 1943, stricken.

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Section 2. Be it further enacted by the authority of the same, that said Tax Commissioner as aforesaid shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Schley County and shall receive as compensation therefor the sum of Twelve Hundred ($1,200.00) Dollars per annum, the same to be paid in monthly installments, and the County Commissioners of Roads and Revenues of Schley County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. And substituting in lieu thereof a new Section 2 so as to provide that the compensation of the tax commissioner of Schley County shall be fixed by the county commissioners of Roads and Revenues of said county and to read as follows: New section. Section 2. Be it further enacted by the authority of the same, that said Tax Commissioner as aforesaid shall perform all of the duties which are now performed by the Tax Receiver and Tax Collector of Schley County. The compensation of the Tax Commissioner shall be fixed by the County Commissioners of Roads and Revenues of Schley County on a per annum basis and to be paid in monthly installments and the County Commissioners of Roads and Revenues of Schley County are hereby authorized to fix the compensation of the Tax Commissioner of said county and to levy and collect a tax upon all of the property of said county sufficient to pay the salary so fixed. Duties. Compensation. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. INVESTMENT OF TAX FUNDS, COUNTY DEPARTMENT OF PUBLIC WELFARE. Code 92-3715. No. 206 (House Bill No. 311). An Act to amend Section 92-3715 of the Georgia Code of 1933 as amended by the Act approved March 31, 1937 (Georgia Laws 1937, pp. 444 to 446, inclusive), and as

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further amended by the Act approved March 6, 1941 (Georgia Laws 1941, pp. 377 and 378), which section of the Code authorizes and fixes the amount of tax to be levied by the County authority for the support of paupers and for other purposes, so as to provide that funds realized from said tax levy and appropriated and disbursed to the County Department of Public Welfare may be invested in the purchase, lease and/or sub-lease of real estate or personal property or in the construction of buildings to be acquired in the name of such county and used for charitable or welfare purposes; to provide a separability clause; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 92-3715 of the Georgia Code of 1933, as amended by the Act approved March 31, 1937 (which is published Georgia Laws 1937, pp. 444-446), and as further amended by the Act approved March 6, 1941 (which is published in Georgia Laws 1941, pp. 377 and 378), which section of the Code authorizes and fixes the amount of tax to be levied by the County authority for the support of paupers of the County, be and the same is hereby further amended by adding thereto the following proviso, to wit: Code section and acts of 1937 and 1941 amended. Provided, however, that when funds realized from said tax levy are appropriated and disbursed to the County Department of Public Welfare, such County Department of Public Welfare shall have the right and authority to invest such funds in the purchase, lease and/or sub-lease of real estate or personal property or in the construction of buildings to be acquired in the name of such county and used for charitable or welfare purposes. Investment of tax funds. Section 2. Be it further enacted by the authority aforesaid that if any section or portion of this Act shall be held unconstitutional, the remaining provisions shall be given full force and effect as completely as if the part held unconstitutional had not been included herein. If part unconstitutional. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947.

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ROME CHARTER AMENDMENTADDITIONAL INDEBTEDNESS. No. 207 (House Bill No. 317). An Act to Amend an Act approved the 19th day of August, 1918, creating a new charter for the City of Rome, entitled An Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith, and the Acts amendatory thereof, so as to authorize the issuance of bonds by said City, in accordance with Article VII, Section VII, Paragraph III, of the Constitution of the State of Georgia of 1945, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Act of 1918 amended. Section 1. That said City of Rome shall have authority, in accordance with the provisions of Article VII, Section VII, Paragraph III, of the Constitution of the State of Georgia of 1945, to incur an additional indebtedness, at any time that said City may determine so to do by its proper authorities, in excess of 7 per centum of the assessed value of all taxable property therein, upon the following conditions: such additional debt, whether incurred at one or more times, shall not exceed, in the aggregate, 3 per centum of the assessed value of all taxable property of said City, and such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt. There shall be levied by the governing authorities of said City of Rome, prior to the issuance of such additional debt, a tax upon all of the taxable property within said City collectible annually sufficient to pay in full the principal and interest of such additional debt when and as due. Such tax shall be in addition to and separate from all other taxes levied by the taxing authorities of said City and the collections of such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness. Authority to incur additional indebtedness. Conditions. Tax. Section 2. Be it further enacted by the authority aforesaid,

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that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. CITY COURT OF OGLETHORPE ABOLISHEDREFERENDUM. No. 208 (House Bill No. 322). An Act to repeal an Act approved August 22, 1907, Georgia Laws 1907, pages 215-227, entitled An Act to establish a City Court of Oglethorpe, in and for the County of Macon, etc, as amended by an Act approved August 14, 1908, Georgia Laws 1908, pages 203-206, and as amended by an Act approved August 18, 1913, Georgia Laws 1913, pages 277-288, and as amended by an Act approved August 12, 1910, Georgia Laws 1910, pages 202-203, and as amended by an Act approved August 1, 1922, Georgia Laws 1922, pages 281, 282; and to abolish the City Court of Oglethorpe in and for the County of Macon; to provide for the disposition of business now pending in said Court, all records therein, and costs due thereto; to provide for a referendum for the submission of this Act to the people for approval or disapproval; to provide the effective date of this Act; and for other purposes. Be it enacted by the general Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved August 22, 1907, Georgia Laws, 1907, pages 215-227, entitled An Act to establish a City Court of Oglethorpe, in and for the County of Macon, etc., as amended by an Act approved August 14, 1908, Georgia Laws 1908, pages 203-206, and as amended by an Act approved August 18, 1913, Georgia Laws 1913, pages 277-288, and as amended by an Act approved August 12, 1910, Georgia Laws 1910, pages 202-203, and as amended by an Act approved August 1, 1922, Georgia Laws 1922, pages 281, 282, be, and the said Act as amended, is hereby repealed in its entirety as amended, and the said City Court of Oglethorpe in and for the County of Macon is hereby abolished. Amended act of 1907 repealed. Court abolished.

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Section 2. That all business, both civil and criminal, pending in the City Court of Oglethorpe at the time this act goes into effect, shall be, and the same is hereby transferred for trial and disposition to the Superior Court of Macon County, Georgia. The Clerk of said City Court of Oglethorpe and all officers of said Court are hereby directed and required to turn over to the Clerk of the Superior Court of Macon County, the papers in all cases, both civil and criminal, pending in said City Court at the time this Act takes effect; the dockets, minutes, books, and other records, original papers, and all other documents and papers of said City Court or pertaining thereto, including remittiturs from the Supreme Court or the Court of Appeals, shall be by the Clerk and Sheriff of said City Court deposited with the Clerk of the Superior Court of Macon County, and be kept as part of the records of said Superior Court. Any cases now pending in the Court of Appeals or Supreme Court from the City Court of Oglethorpe, at the time this Act goes into effect, the remittiturs from said Supreme Court or Court of Appeals, shall, upon the termination of said case in such appellate courts, be transmitted to the Clerk of the Superior Court of Macon County. All fi. fas., attachments, and executions heretofore issued by said City Court and made returnable thereto, are hereby made returnable to the Superior Court of Macon County and shall proceed for collection as if issued by the said Superior Court. Transfer of business to Superior Court. Section 3. That any and all costs which have accrued to the County of Macon and which would be due under existing laws to be paid into the Treasury of Macon County, in any and all cases pending in said City Court of Oglethorpe at the time this Act goes into effect, and transferred to the Superior Court of Macon County, shall be paid into the treasury of Macon County as now required by law. Costs. Section 4. After the passage and approval of this Act, the same shall be referred to the voters of Macon County in a referendum for their approval or disapproval. The Ordinary of the County of Macon is hereby directed to issue his order fixing the date of the referendum or election. The date of the election shall be fixed to be held immediately after the adjournment of the July Term, 1947, of the said Court, and shall be held within a period of not more than thirty

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days from the date of the adjournment of said July Term. The Ordinary of Macon County shall cause notice of said election and the date thereof to be given by publishing a notice thereof in the county paper wherein official advertisements and notices are run. Said notice shall be published at least thirty days prior to the date of the election. It shall be the duty of the Ordinary of Macon County to cause to be prepared ballots to be used in said election, and said ballots shall have printed thereon the words, For abolishing the City Court of Oglethorpe, and Against abolishing the City Court of Oglethorpe. On the day following the day of the election, the Ordinary shall consolidate the vote and declare the results of the election and shall enter his order declaring the results thereof upon the minutes of his court. Should a majority of the voters of said County vote in favor of abolishing said City Court of Oglethorpe then, upon the declaration of the results of the election, the Act creating the City Court of Oglethorpe, and all acts amendatory thereto, shall stand repealed, and said Court shall be abolished. Should a majority of the voters of said County of Macon vote against abolishing the City Court of Oglethorpe, then this Act shall be void and of no effect. All qualified voters, who are qualified or may qualify, to vote for members of the General Assembly shall be qualified voters to participate in said referendum. Referendum. Section 5. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. MACON COUNTY TAX COMMISSIONER. No. 209 (House Bill No. 323). An Act, to abolish the offices of Tax Collector and Tax Receiver in the County of Macon; to consolidate the offices of Tax Receiver and Tax Collector of Macon County; to create the office of County Tax Commissioner of Macon county; to subscribe the rights, liabilities, and duties of said officer; to provide that the laws now in force applicable to tax receivers and tax collectors shall be of full

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force and effect as to the County Tax Commissioner, so far as the same are applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as such; to authorize the Commissioners of Roads and Revenues to fix the salary of the Tax Commissioner, his assistants and clerical force; to provide the effective date of this Act; to provide for the election of the Tax Commissioner; to provide that all fees, costs and commissions now accruing to the Tax Collector and Tax Receiver shall be collected by the Tax Commissioner and paid over to the County Treasurer to become county funds; to provide for filling vacancies, to provide for bond and the payment of premium thereon by the County; to provide for the levying of a tax to pay salaries; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the offices of Tax Receiver and Tax Collector of Macon County, Georgia, be, and the same are hereby abolished, and the two offices are hereby consolidated into one office. Offices of Tax Receiver and Collector abolished. Section 2. That the office of Tax Commissioner of Macon County, Georgia, is hereby created in lieu of said offices so consolidated and so abolished, and that the rights, duties, and liabilities of said office of Tax Commissioner of Macon County, Georgia, shall be the same as the rights, duties, and liabilities of the Tax Receiver and Tax Collector of said county, and that all laws applicable to said offices shall be applicable to the Tax Commissioner of said county, so far as the same can apply. Office of Tax Commissioner created. Rights and duties. Section 3. That the Commissioners of Roads and Revenues of Macon County be and they are hereby empowered and directed to fix the salary to be paid to the Tax Commissioner, his assistants and clerical force. The salary so fixed by said Commissioners shall be paid by the Commissioners of Roads and Revenues monthly from county funds. Salary. Section 4. That said Tax Commissioner shall have his office in the Courthouse of said county, and he shall not be required to make any rounds to receive tax returns or tax payments. The County Commissioners of Roads and Revenues

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shall furnish to said Tax Commissioner his office and shall pay from county funds the expense of said office, including stamps, stationery and other supplies necessary for the performance of his duties. Office. Expenses supplies. Section 5. That all taxes due and payable, and all tax fi. fas. issued by the Tax Collector of Macon County, Georgia, outstanding at the time this Act shall become effective as hereinafter provided, shall have full force and effect and shall be collectible as issued. Tax fi. fas. Section 6. That all fees, costs, commissions and other compensation now or hereafter allowed by law to the Tax Receiver and Tax Collector of Macon County, for receiving and collecting tax for the State and political subdivisions thereof, shall be collected by the said Tax Commissioner and all such funds so collected shall be paid into the Treasury of the County of Macon as county funds subject to disbursement under orders of the Commissioners of Roads and Revenues. Fees, costs, commissions, etc. Section 7. That in the event said office becomes vacant by death, resignation or otherwise the vacancy shall be filled in the same manner as vacancies in the office of other county officers. Vacancy. Section 8. That before entering upon the duties of his office, said Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and Tax Receiver, and shall at the same time give bond and security as prescribed by statute. The bond premium shall be paid by the Commissioners of Roads and Revenues of Macon County from county funds. Oath, bond. Section 9. The Tax Receiver and Tax Collector of Macon County shall continue to perform their duties as such until the end of their terms for which they were elected, which expire on January 1, 1949. This Act shall become effective, and the Tax Commissioner who shall be elected at the General Election to be held in November 1948 shall assume his office on January 1, 1949. Date act effective. Section 10. The Commissioners of Roads and Revenues of Macon County are hereby authorized and empowered to levy and collect tax on all taxable property in Macon County,

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sufficient to pay the salary of said commissioner, his assistants, his clerical force and expense of office as herein provided. Tax for salary, expenses, etc. Section 11. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 26, 1947. ATLANTA CHARTER AMENDMENTTAX PROCEEDS; SEWER ASSESSMENT. No. 210 (House Bill No. 325). An Act To amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 and the several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act 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, be and the same are hereby amended as follows: Section 1. That the provisions of the charter set forth in Section 2 of an amendment to said charter approved March 24, 1941, providing as follows: Sec. 2, act of 1941, amended. The proceeds of one (1) mill of said tax shall be used for the following Purposes: Thirty (30%) per cent thereof by the Board of Education for capital improvements; Seventy (70%) per cent thereof by the Mayor and General Council for capital improvements. Provided, however, that such sums may be diverted to other lawful purposes by the respective bodies, that is, by the Board of Education, insofar as the sums allocated to it are concerned, or the Mayor and General Council, insofar as the sums allocated to it are concerned, whenever in the judgment of either of them an emergency exists be and the same is hereby repealed. Use of 1-mill-tax proceeds. Section 2. That the provisions of said charter contained in

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Section 12-108, Code, City of Atlanta, 1942, providing the amount of assessment where sewer is laid in the street and for the rights of abutting owners, be and the same is hereby amended to read as follows: Amendment. 12-108. Amount of assessment where sewer laid in street. Rights of abutting owners.In all cases where a sewer shall be laid by or under the authority of said city in any street, the sum of $2.00 per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street in which said sewer is laid or constructed; and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The remaining cost of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year. Sewer laid in street. Assessment. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1947. MONROE POLICE COMMISSION. No. 211 (House Bill No. 337). An Act to amend the charter of the City of Monroe, found in Acts of the General Assembly of Georgia of 1896, Pages 212 to 225 inclusive, and other Acts amendatory thereof, to amend said charter of the City of Monroe so as to provide for a Police Commission, to authorize the City of Monroe to create a Police Commission and to authorize the City of Monroe to prescribe the method of the selection, the duties, powers, compensations and term; and for other purposes. Section 1. Be and it is hereby enacted by the General Assembly of Georgia, That Section 15 of the original Charter of the City of Monroe, found in the Acts of General Assembly of Georgia, 1896, Page 216, as amended, be and it is hereby amended by

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authorizing the Mayor and Council of the City of Monroe to create a Board of Police Commissioners and said Mayor and Council shall have the power to determine the number of commissioners, to fix their term of office, their compensation, their duties, their powers, their qualifications and to do all other acts, deemed by said Mayor and Council to be necessary in the creation and operation of a Police Commission for said City of Monroe subject, however, to the provisions of this Act and not in conflict with this Act. At the first regular meeting of the Mayor and Council of said city in January, 1948, that body shall elect from the qualified voters of said city, who are otherwise entitled to hold office in said city, three (3) upright and intelligent persons to be known as Board of Police Commissioners. The term of office of the persons so elected shall expire respectively at the first regular meeting of the Mayor and Council in January 1949, 1950, 1951 or when their successors have been elected, as hereinafter provided. At the expiration of the terms of any of the commissioners the Mayor and Council shall elect a commissioner for a term of three (3) years; provided, however, that vacancies, caused by death, resignation or removal shall be filled by said Mayor and Council for the unexpired term. Said commissioners shall have the power and authority to appoint a marshal and policemen for said city and to designate a Chief of Police and assistants; to determine the number of policemen; to fix their compensation; to terminate their services, with or without cause. Said Board of Police Commissioners shall, in general, have charge of the police department of said city. The funds necessary for the operation of said commission shall be paid to said board by the Mayor and Council. Said board shall make a quarterly report to the mayor and council of all receipts and disbursements and of such other matters as they deem proper, or said mayor and council may require. Said commissioners shall be amenable to said mayor and council and subject to removal from office by them for neglect of their duty or malfeasance in office. The word marshal is hereby stricken from the sixth (6th) line of Section 15 of said Charter of the City of Monroe on Page 216 of Acts of the General Assembly of Georgia, 1896. After the enactment of this Act the marshal of said city shall be appointed by said Board of Police Commissioners. All the duties of the marshal

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as set forth in said Charter of the City of Monroe, as amended, shall be discharged by the marshal so appointed by said board. The marshal in discretion of said board may be designated as Chief of Police. Sec. 15, act of 1896, amended. Board of Police Commissioners. Police officers and policemen. Funds to operate. Duties of Board. Marshal or Chief of Police. The Mayor and Council of the City of Monroe are hereby authorized to take such action deemed necessary to carry out the purposes of this Act. Section 2. Be it further enacted by the authority aforesaid that all laws in conflict with this Act, be, and the same are, hereby repealed. Approved March 26, 1947. MALT BEVERAGES AND WINE IN CERTAIN COUNTIESREFERENDUM. No. 212 (House Bill No. 342). An Act to penalize the possession of malt beverages and wine in all counties of the State of Georgia having a population of not more than 7,044 and not less than 7,040 according to the Federal census of 1940; to fix punishment therefor and to provide for a referendum before the same shall become operative, and for 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 it shall be unlawful for any corporation, firm or individual, in all counties in the State of Georgia having a population of not more than 7,044 and not less than 7,040 according to the Federal census of 1940, to have, control or possess any malt beverage as defined in Section 78-704 of the Code of Georgia and in Section 4 of an Act of the General Assembly of Georgia approved March 23, 1935, or any fermented wine, having such alcoholic content as fermentation may produce, at any place of business and outside of any house not used exclusively as the residence of the owner thereof. Counties affected. Prohibited beverages defined. Section 2. Any person violating the provision of Section 1 of this Act shall be guilty of a misdemeanor and shall be punished as such. Violations.

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Section 3. That this Act shall not become effective unless ratified by the people of such county as may have had a population of not more than 7,044 and not less than 7,040, according to the Federal census of 1940, at an election to be held within sixty days after it is approved by the Governor of the State of Georgia. When this Act is approved by the Governor, the Ordinary of such county is directed to call an election to be held within said sixty days and to give notice, at least thirty days previous to the date of said election, by publication thereof in the newspaper in such county in which Sheriff's advertisements are published for at least four weeks immediately preceding said election and to provide for the holding of said election in the same way and manner as elections for the members of the General Assembly are held, and subject to the same rules and regulations. Referendum. Those desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots: For ratification of Act making it illegal to possess beer and wine in place of business. Those desiring to vote against the ratification of this Act shall have written or printed on their ballots: Against ratification of Act making it illegal to possess beer and wine in place of business. The returns of said election shall be made to the Ordinary who shall canvass the same and ascertain and declare the results. Should a majority of the qualified voters in said election vote in favor of the ratification of this Act, the same shall become effective at the end of the said sixty day period from the date of the signature of the Governor of the State of Georgia. Section 4. That all laws and all parts of the law in conflict shall be and the same is hereby repealed. Approved March 26, 1947. DEPUTY CLERK, SUPERIOR COURT, SALARY IN CERTAIN COUNTIES. No. 213 (House Bill No. 348). An Act to amend an Act approved March 9, 1945 providing for payment of $90.00 per quarter to the Clerk of the

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Superior Court of certain counties for the purpose of hiring a deputy clerk, by extending the effective date to January 1, 1949; 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 9, 1945 providing for compensation of deputy clerk in counties in Georgia having a population of not less than 10,230 and not more than 10,240, of $30.00 per month, be and the same is hereby amended by striking the expiration date of January 1, 1947 in Section 3 and substituting in lieu thereof the expiration date of January 1, 1949 so that said law as amended will read as follows: Act of 1945 amended. Section 1. That from and after the passage of this Act the deputy clerk of the Clerk of the Superior Court of any county in the State of Georgia having a population of not less than 10,230 and not more than 10,240, according to the Federal Census of 1940, shall receive as compensation from the Ordinary or the Commissioner of Road and Revenue or the Board of Commissioners of Roads and Revenue, whichever may be the fiscal authority, a salary of $30.00 per month or $90.00 per quarter. Counties affected. Salary. Section 2. This sum shall be paid by the fiscal authority of the county to the Clerk of the Superior Court for the purpose of paying a deputy clerk in such county. Payment. Section 3. This Act shall take effect as of January 1, 1945 and expire on January 1, 1949. Dates of taking effect and expiration. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. TALLAPOOSA SCHOOL TAXATIONAMENDMENTS. No. 214 (House Bill No. 355). An Act to amend an Act entitled An Act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said City by local taxation;

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to provide for the establishment and maintenance of a system of such public schools in said city; to provide for the selection of members of a Board of Education to supervise, control and conduct such system, and to incorporate such Board of Education; to provide for the assessment, levy and collection of a local tax to establish and maintain such system of public schools; to provide for the payment directly to said Board of Education of the pro rata share, due the schools of said city, of all educational funds raised by the state; to repeal an Act, approved December 26, 1888, entitled An Act to Establish a System of Public Schools in the City of Tallapoosa, and provide for the maintenance and support of same, and for other purposes, which said act established a system of public schools in said City of Tallapoosa, authorized the collection of a local tax for the purpose of establishing and maintaining such system of public schools, provided for the incorporation of the Board of Education created by said act; to repeal an Act, approved August 18, 1919, amending said act approved December 26, 1888; to amend an Act, approved December 23, 1896, which said Act repealed an Act, approved December 26, 1888 to incorporate the City of Tallapoosa, in the County of Haralson, reincorporated said city and adopted a new charter for the same, by striking from said act approved December 23, 1896, section 23 thereof; to provide for the submission of the adoption of this act and the provisions thereof to a referendum of the voters of the City of Tallapoosa; and for other purposes, approved March 8, 1937 (Acts 1937-p. 2103), by repealing certain portions and sections of said Act, by enacting new provisions for certain repealed portions and sections of said Act, by providing for the assessment, levy and collection by said municipality of a tax for the establishment, support and maintenance of such system of public schools, by the enactment of other germane amendments to said Act, whether expressly referred to in this title or not, by the repeal of all laws in conflict with said Act as amended, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the above entitled Act, approved March 8, 1937 (Acts

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1937, P. 2103), the title to which Act is, by reference thereto, without repetition thereof, as set out in the title to this amendment of said Act, herein incorporated and made a part hereof, be and the same is hereby amended as follows: Act of 1937 amended. Section 1. That Section 12 of said Act be and the same is hereby repealed, and in lieu thereof and as a substitute for said section 12, there be and is hereby enacted the following provision: Sec. 12 repealed. That no officer or member of said Board shall be paid any compensation except the Secretary or clerk of said board shall be paid a commission of one percent on funds collected by said Board of Education for school purposes. And the marshal of said city shall be entitled to charge as costs on such executions delivered to him for collection or execution, as hereinafter provided, the sum of 50 cents for each execution paid before levy of same, and the sum of one (1.00) dollar for levy of each execution, to be charged against such delinquent taxpayer. Substitute. Compensation. Section 2. Be it further enacted that the words in Section 13 of said Act five mills be stricken, and that in lieu thereof shall appear the words fifteen mills, so that said section shall be as follows: Sec. 13 amended. That the said municipality, the said City of Tallapoosa, by and through the agency herein provided for the establishment, and maintenance of a system of public schools by taxation, the said board of education of the City of Tallapoosa, in the manner herein provided, is authorized to establish and mantain such a system of public schools within the limits of said city by taxation, not to exceed 15 mills, on all taxable property within the limits of said city, without the sanction of a popular vote. Tax limit increased. Section 3. Be it further enacted that Section 17 of said Act be and the same is hereby repealed and stricken from said Act, and that in lieu of said Section 17 there be and is enacted the following: Sec. 17 repealed. That the maximum rate of taxation that may be levied by the Board of Education of the City of Tallapoosa for school purposes shall not exceed fifteen mills upon the dollar of the property subject to taxation by said

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municipality. This maximum rate or any lower rate may be levied with or without the sanction of a popular vote. Substitute. Maximum tax rate. Section 4. Be it further enacted that those provisions of said Act, set out in Section 19 of said Act in the paragraph thereof as follows: Part of sec. 19 repealed. That said Board of Education of the City of Tallapoosa shall have the power and authority to assess, levy and collect, in the manner herein elsewhere provided, the local tax herein elsewhere provided for educational purposes, such tax to be assessed, levied and collected against all taxable property within the limits of said City of Tallapoosa, and all property having its situs for the purpose of taxation within the limits of said city: That said quoted paragraph of said Section 19 of said Act be and the same is hereby repealed and stricken from said Act, and that in lieu thereof there be and is enacted the following: Substitute. That said Board of Education of the City of Tallapoosa shall have the power and authority to assess, levy and collect, in the manner herein elsewhere provided, the tax herein elsewhere provided for educational purposes, such tax to be assessed, levied and collected against all taxable property within the limits of said City of Tallapoosa, and all property having its situs for the purpose of taxation within the limits of said City. Board of Education's taxing power. Section 5. Be it further enacted that those provisions of said Act, set out in Section 19 of said act, in the paragraph thereof as follows: Part of sec. 19 repealed. That the local tax for educational purposes, on the taxable property within the City of Tallapoosa shall be assessed, levied and collected by said board of education in the following manner: Within thirty days after the tax digests of the County of Haralson shall have been made up and the valuation of property for taxation has been finally adjusted and fixed as provided by law, the clerk of said Board of Education shall make up from said county tax digest and the tax digest of the City of Tallapoosa, for each year, a digest of all taxable property within the limits of said city, which said property shall be assessed by

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him at its fair and just valuation. After such digest is so made up and such valuation assessed by him, a general notice of the making up of said digest and such valuation of property by him shall be published by him in some newspaper published in said City of Tallapoosa for two consecutive issues of such paper. In case there shall be no newspaper published in said city, then said notice shall be published in two consecutive issues of the official newspaper organ of said county; be and same are hereby repealed and stricken from said Act, and that in lieu thereof there be and is enacted the following: That the tax for educational purposes, on the taxable property within the City of Tallapoosa shall be assessed, levied and collected by said board of education in the following manner: Substitute. Within thirty days after the tax digest of the City of Tallapoosa shall have been made up and the valuation of property has been finally adjusted and fixed as provided by law, the clerk of said board of education shall make up from said tax digest of the City of Tallapoosa, for each year, a digest of all taxable property within the limits of said city, which said property shall be assessed by him at its fair and just valuation. After such digest is so made up and such valuation assessed by him, a general notice of the making up of said digest and such valuation of property by him shall be published by him in some newspaper published in said City of Tallapoosa for two consecutive issues of such paper. In case there shall be no newspaper published in said city, then said notice shall be published in two consecutive issues of the official newspaper organ of said county. Digest of taxable property. Assessment. General notice, publication. Section 6. Be it further enacted that those provisions of said Act, set out in Section 19 of said Act, in the paragraph thereof as follows: Part of sec. 19 stricken. And on the trial of such issues a duly certified copy of that portion of the tax digest of said Haralson County, including the property and valuation of same of such protesting property owner, after the valuation of property therein shall have been finally adjusted and determined for the year in which said tax assessment is made by said clerk of said Board of Education shall be

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prima facie evidence of the fact that the property herein assessed, which is located in said City of Tallapoosa is taxable by said Board of Education, and that such property is the whole of the taxable property of said property owner, and that the valuation of such property as it appears in said tax digest is the fair and just valuation of same for taxation by said Board of Education. Clear and convincing evidence shall be necessary to overcome said prima facie evidence, be and the same are hereby repealed and stricken from said Act. Trial of tax protests. Section 7. Be it further enacted that all laws or parts of laws in conflict with this amendment be and they are hereby repealed. Approved March 26, 1947. BREMEN CHARTER AMENDMENTSANITATION. No. 215 (House Bill No. 356). An Act to amend an Act approved December 30, 1898, Acts 1898, pages 136-144, entitled An Act to repeal an Act entitled an Act to incorporate the town of Bremen, adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the Charter of the Town of Bremen, and to enact in lieu thereof a new charter for said town, etc., and the several Acts amendatory thereof, so as to authorize the Mayor and Council of the City of Bremen to make assessment of the various lots of land and lots owners in said City for sanitary purposes, 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 entitled An Act to repeal an Act entitled an Act to incorporate the town of Bremen, adopted September 5, 1883, and to repeal all amendatory Acts of said Act, so as to repeal the Charter of the town of Bremen, and to enact in lieu thereof a new Charter for said Town, etc., approved December 30, 1898 (Acts of 1898, pages 136-144) and the several amendatory Acts thereof, be, and the same is hereby amended as follows, to wit: Act of 1898 amended.

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Section 1. That from and after the passage of this Act, the Mayor and Council of the City of Bremen are hereby authorized to make assessment of the various lots of land and lots owners in said City for sanitary purposes, in such amounts, rates or methods of assessments that they may, in their discretion, deem proper, and the Mayor and Council of said City are hereby authorized and empowered to collect same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The executions are to be issued and enforced in the same manner as tax executions are issued and enforced in said City. The sanitation tax so collected shall be used solely for sanitary purposes. Sanitation. Assessment, collection of tax. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. BREMEN SCHOOL BUILDING TAXREFERENDUM. No. 216 (House Bill No. 357). An Act To amend an Act approved December 30, 1898, Acts 1898, pages 136-144, entitled An Act to repeal an Act entitled an Act to incorporate the town of Bremen, adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the charter of the town of Bremen, and to enact in lieu thereof a new charter for said town, etc. and all amendatory Acts thereof, by providing that the Mayor and Council of the City of Bremen, Georgia may levy an Ad Valorem Tax of ten (10) mills on the dollar of all real and personal property within the Corporate limits of said City for a period of four years beginning with year 1947, in addition to the ad valorem tax said City is now authorized by law to levy or may hereafter be authorized, and to provide that the revenue from said tax shall be used exclusively for school building purposes, and to provide that this Act shall be submitted to the qualified voters of the City of Bremen

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for approval or rejection, to provide for the calling of an election, a proclamation of the results thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to repeal an Act entitled an Act to incorporate the town of Bremen, adopted September 5, 1883, and to repeal all Acts amendatory of said Act, so as to repeal the Charter of the town of Bremen, and to enact in lieu thereof a new Charter for said town, etc. approved December 30, 1898 (Acts of 1898, pages 136-144) and all amendatory Acts thereof, be, and the same is hereby amended as follows, to wit: Act of 1898 amended. Section 1. That the Mayor and Councilmen of the City of Bremen are hereby authorized and empowered to prescribe by ordinance for the assessment, levy and collection of an ad valorem tax of ten (10) mills on the dollar of all real and personal property within the corporate limits of said City for a period of four years beginning with the year 1947, in addition to the ad valorem tax said City is now authorized by law to levy or may hereafter be authorized to levy, which revenue collected by said tax shall be used exclusively for school building purposes; and, provided further, that the revenue collected by said tax shall be kept separate and distinct from all other funds of said City. Additional ad valorem tax for school building purposes. Section 2. That the revenue collected by the aforesaid tax shall be known as the School Building Fund, which fund shall be managed and controlled by the Mayor and Council of the City of Bremen, who shall direct the manner in which said fund shall be expended for school building purposes. School Building Fund. Section 3. Be it further enacted by the authority aforesaid, that after the passage of this Act and approval by the Governor, that said Act shall not become effective until the same is approved in an election which may be called by the Mayor and Council of the City of Bremen to determine whether the foregoing amendment shall go into effect, which election shall be held as elections are held in and for said City, for Mayor and Council, and the qualified voters shall be the same as in the election of the Mayor and Council

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of said City. Notice of which election shall be given at least twenty days prior to the date set for same by publication in two issues of any newspaper published in said City. Referendum. Section 4. Be it further enacted by the authority aforesaid, that the voters at said election shall have written or printed on their ballots, For Amendment to Charter authorizing the levy of a Tax of Ten Mills for School Building Purposes or Against Amendment to Charter authorizing the levy of a Tax of Ten Mills for School Building Purposes. Ballots. Section 5. Be it further enacted by the authority aforesaid, that the returns of said election, as herein provided for, shall be made to the Mayor and Council of the City of Bremen, who shall declare the results of said election, and provided that if a majority of the voters at said election shall vote in favor of said Amendment to said Charter, then this Act shall be ratified as herein provided, and of full force and effect. After election. Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1947. ABBEVILLE CHARTER AMENDMENTEASEMENTSREFERENDUM. No. 217 (House Bill No. 368). An Act to amend the Charter of the City of Abbeville and the several Acts amendatory and supplementary thereto by authorizing the Mayor and Aldermen of the City of Abbeville the right, power and authority to grant to private individuals or corporations easements upon the streets and sidewalks in the City of Abbeville by appropriate resolution in session assembled; and to provide for a referendum thereon; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the Mayor and Aldermen of the City of Abbeville are authorized

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and empowered and shall have the right to grant to private individuals or corporations easements upon the streets and sidewalks in the City of Abbeville by appropriate resolution in session assembled. Power to grant easements. Section 2. This Act shall be referred to the people of the City of Abbeville in a referendum for approval or disapproval. The referendum shall be held on the first Tuesday in April, 1947. At the election or referendum the legally qualified voters of the City of Abbeville shall be qualified voters to vote upon this Act. Tickets shall be prepared by the Mayor and Aldermen upon which shall be printed For the Act authorizing the Mayor and Aldermen to grant easements to corporations, and Against the Act authorizing the Mayor and Aldermen to grant easements to corporation. Should a majority of the qualified voters vote in favor of the Act this Act shall be of full force and effect. Should a majority of the voters vote against the Act the same shall be void and of no force or effect. The Mayor and Aldermen shall declare the results of the election and shall enter an order declaring the results of the election upon the minutes of the City. Referendum. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. CITY COURT OF CHATTOOGA COUNTYOFFICERS' COMPENSATION. No. 218 (House Bill No. 377). An Act To amend the Act approved March 10, 1941, Georgia Laws 1941, pp. 621-634, entitled an Act to establish the City Court of Chattooga County by striking from said Act Section 9 in its entirety as said Section was amended by an Act approved February 23, 1943, Georgia Laws 1943, pp. 728-731, and by rewriting said Section so as to fix the cost and fees to which the sheriff and clerk of said court shall be entitled; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That the Act approved March 10, 1941, Georgia Laws 1941, pp. 621-634, entitled an Act to establish the City Court of Chattooga County be, and said Act is hereby amended by striking in its entirety Section 9 as amended by an Act approved March 23, 1943, Georgia Laws 1943, pp. 728-731, and by rewriting said Section so that said Section 9 of said Act when so rewritten and amended shall read as follows: Amended sec. 9, act of 1941, stricken. Section 9. That the clerk and sheriff of said city court shall, unless otherwise specified in this Act, and their deputies shall, receive for all services the same fees as allowed by law for like services in the Superior Court except they shall not be paid a per diem for more than four days each calendar month; they shall be amenable to the same processes and penalties as they are amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and cost in said City Court as they are now entitled to in the Superior Court, provided, however, the per diem to be paid the clerk and sheriff of said city court for attendance, same not to exceed four days each calendar month, shall be the same per diem which is paid to the jurors of Chattooga County. New section. Compensation, clerk, sheriff, and their deputies. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. CHATTOOGA COUNTY COMMISSIONERSMONTHLY STATEMENTS. No. 219 (House Bill No. 378). An Act To amend an Act approved March 18, 1933, Georgia Laws 1933, pp. 439-445, being an Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia, and to create a new Board of Commissioners of Roads and Revenues by striking in their entirety Sections 6, 7, 8 and 10 of said Act as amended by enacting a new Section to be appropriately numbered to

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provide and to require the Commissioners to publish statements of county expenses; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved March 18, 1933, Georgia Laws 1933, pp. 439-445, being an Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia, and to create a new Board of Commissioners of Roads and Revenues of said county be, and the same is hereby amended by striking therefrom in its entirety Section 6 of said Act as amended and rewritten by an Act approved March 4, 1937, Georgia Laws 1937, pp. 1289, 1292. Amended sec. 6, act of 1988, stricken. Section 2. That the Act approved March 18, 1933, Georgia Laws 1933, pp. 439-445, entitled an Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia, and to create a new Board of Commissioners of Roads and Revenues of said county be, and said Act is hereby amended by striking therefrom in its entirety all of Sections 7 and 8 of said Act. Secs. 7 and 8 stricken. Section 3. That the Act approved March 18, 1933, Georgia Laws 1933, pp. 439-445, entitled an Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia, and to create a new Board of Commissioners of Roads and Revenues of said county be, and said Act is hereby amended by striking therefrom in its entirety Section 10 as amended by an Act approved March 28, 1935, Georgia Laws 1935, pp. 605-607, and rewritten by an Act approved March 4, 1937, Georgia Laws 1937, pp. 1289-1292. Sec. 10 stricken. Section 4. That the Act approved March 18, 1933, Georgia Laws 1933, pp. 439-445, be and said Act is hereby amended by adding thereto a new Section to be numbered Section 11A which said new Section shall provide as follows: New sec. 11A. Section 11A. That from and after the passage of this Act the Commissioners of the Board of Commissioners of Roads and Revenues of Chattooga County shall make up each month a statement showing the amount of expenditures made from each county fund for the previous month and shall publish said statement of expenditures in the county paper wherein legal advertisements are run

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or before the courthouse door of said county. The cost of publishing said statement in the event same is published in the county paper shall be paid from county funds as a part of the administrative cost of the county. Monthly statements of expenditures. Publication. Section 5. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 26, 1947. CARNESVILLE CHARTER AMENDMENTSAD VALOREM TAX. No. 220 (House Bill No. 380). An Act To amend an Act to create a new charter for the City of Carnesville in the County of Franklin and to reincorporate said city and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said City of Carnesville; to provide for a mayor and councilmen and other officers for said city and to prescribe the powers, duties, rights and liabilities of all officers of said city and the manner of their election or appointment and their removal from office; to provide for the retention of the present officers of the city of Carnesville until election of officers for said city under this charter; to provide that all ordinances, rules and regulations of the corporation of the city of Carnesville, not in conflict with this Act, shall remain valid and enforceable as ordinances, rules and regulations of the City of Carnesville, incorporated by this Act, until the same are repealed or amended by the mayor and council of the city of Carnesville; to provide for street and sidewalks, and the working and paving of same, and the establishment and maintenance of parks and cemeteries; to authorize and empower the mayor and council to purchase or build, establish, maintain and operate a system of waterworks, lights and sewerage for the City of Carnesville; to authorize the mayor and council to hold elections as now provided by law to determine the question of creating a debt against said city by the issuance of bonds; to provide for the assessment, levying and collection of an ad

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valorem tax upon all property, both personal and real, for general purposes and for the purpose of paying the principal and interest of said bonds; to authorize and provide for granting license to and taxing all kinds of business; trades, professions, shows, exhibition, and entertainment; to provide for all matters of municipal concern, needs and requirements, and for other purposes. Approved August 20, 1913, by striking the words one-half of in the eighth line of Section 22 of said Act, to repeal all conflicting laws and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act Section 22 of an Act approved August 20, 1913 creating a new charter for the City of Carnesville in the County of Franklin and to reincorporate said city and declare and consolidate the rights and powers of said corporation; to define the corporate limits of said City of Carnesville; to provide for a mayor and councilmen and other officers of said city and to prescribe the powers, duties, rights and liabilities of all officers of said city and the manner of their election, and for other purposes, as appears in Georgia Laws, pages 641-665, be and the same is hereby amended by striking from Section 22 of said Act in the eighth line of said Section the words, one-half of, so that said Section when so amended shall read as follows, to wit: Sec. 22, act of 1918, amended. Section 22. Be it further enacted, That for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said Mayor and Council shall have full power and authority to levy and collect an ad valorem tax upon all properties, both real and personal, in the corporate limits of said city and which is not exempt by state law, not to exceed one per centum, but where that amount is deemed insufficient, said Mayor and Council shall have power and authority to levy an additional tax in the mode and manner prescribed by the Constitution and laws of the State of Georgia. To read. Ad valorem tax. Section 2. Be it further enacted by the authority aforesaid

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that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. MIDVILLE CHARTER AMENDMENTSTIME OF ELECTIONAD VALOREM TAX. No. 221 (House Bill No. 381). An Act to amend an Act approved August 16, 1915, incorporating the City of Midville as amended under an Act approved March 24, 1937, in the following particulars: To change the time for holding the annual election for the Mayor and Council of Midville and to provide the time when the newly elected Mayor and Council shall take office; and to authorize the Mayor and Council to levy, assess and collect ad valorem taxes not to exceed twenty (20) mills on the dollar for current annual expenses instead of the present maximum limit of ten (10) mills on the dollar, 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 3 of the Act incorporating the City of Midville, approved August 16, 1915, appearing on Pages 704-713, of the 1915 Acts of the General Assembly of Georgia, as amended in Section I of an amendatory Act approved March 24, 1937, as appears at pages 1986-1988, in the Acts of the General Assembly of Georgia of 1937 which provides as follows: Sec. 3, act of 1915, amended by sec. I, act of 1937, [Illegible Text] Be it further enacted by the authority aforesaid, that the mayor and two councilmen shall be elected for a period of two years on the first Wednesday in January, 1938, and two councilmen shall be elected for a period of one year on the same date, and thereafter two councilmen shall be elected to serve for a term of two years on the first Wednesday in January of each year thereafter, and the mayor shall be elected for two years thereafter, be stricken and in lieu thereof there be substituted the following paragraph to be hereafter known as Section 3 to wit:

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Be it further enacted by the authority aforesaid that the Mayor and two Councilmen shall be elected for a period of two years on the second Wednesday in December, 1947, and that two councilmen shall be elected for a period of two years on the second Wednesday in December, 1948, and thereafter the annual election for the Mayor (when applicable) and Councilmen of Midville shall be held on the second Wednesday in December of each year. The term of the newly elected Mayor and Councilmen as elected under this Act shall begin on the first Monday in January of each year subsequent to their election. New section. Elections. Mayor and Councilmen. Section 2. Be it further enacted by the authority aforesaid that Section 8 of the original charter of the City of Midville be stricken and there be substituted therefor and in lieu thereof the following paragraph to be known as Section 8, to wit: Sec. 8 stricken. Section 8. Be it further enacted by the authority aforesaid that on or before the first Monday in January, subsequent to the date of election or as soon thereafter as practicable, the persons who have been certified to have been elected as Mayor and/or Councilmen by the Election Managers shall appear at the Council Chamber and take and subscribe the following oath: New section. Oath of officials. I, _____, do solemnly swear that I will truly perform the duties of Mayor (or Alderman, as the case may be) of the City of Midville, to the best of my skill and ability, so help me God; and the term of office for the Mayor and Councilmen elected on the second Wednesday in December, 1947, and annually thereafter shall commence on the first Monday in January following the date of election and be for a term of two years hence, that is, until the second Monday in January two years thereafter. The term of the present elected Mayor and Councilmen of Midville shall expire on the first Monday in January, 1948, and 1949, respectively, instead of on the first Wednesday in January as provided in the present charter. Section 3. That Section 16 of the original Act incorporating the City of Midville appearing in the Acts of 1915, approved August 16, 1915, appearing in the Acts of 1915

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at pages 709-10, as amended in an Act of the General Assembly, approved March 24, 1937, appearing in the Acts of 1937, pages 1986-1989, be amended by striking the words ten (10) mills at the fifth line of Section 16 of the amended Act, following the words to exceed, and substituting therefor the words twenty (20) mills, so that said section when amended shall read as follows: Sec. 16 amended. Section 16. Be it further enacted by the authority aforesaid, that Mayor and Council shall have full power and authority by ordinances to assess, levy and collect an ad valorem tax on all property, real or personal, within the incorporate limits of said city, said tax not to exceed twenty (20) mills on the dollar for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses (when boarders are taken for less time than a month), livery stables, drays, carts, buggies, carriages and other vehicles run for hire, auctioneers, vendue masters, itinerant trades, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clocks and stove peddlers, and peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant venders of goods, wares, merchandise, liniments, nostrums, of any nature whatsoever. Every kind of billiards, pool or bagatelle agent, except for public use, every keeper of a shooting gallery, tenpin alley, or keeper of any other table, stand or place for the performance of any game or plays, whether played with sticks, balls, rings or other contrivances, upon the keeper of flying horses, bicycles, velocipedes, skating rinks, and upon insurance agents of every kind, express agents, express companies, loan agents, merchants and agents for any other business or calling whatsoever; keepers of slaughter houses, beef markets, and green groceries; upon every junk shop, pawn broker and upon all other establishments, businesses, callings, or avocations not heretofore mentioned, and which under the laws of Georgia are subject to license to tax. To read. Ad valorem tax. Limit increased. Power to tax, license, and regulate hotels, cafes, other businesses and activities. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947.

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DEKALB COUNTY DEPARTMENT OF INVESTIGATION. No. 222 (House Bill No. 382). An Act To Authorize the establishment of a Department of Investigation for Dekalb County, for providing the method of appointment for the head of said Department, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the County Commissioner of DeKalb County, Georgia shall have the right to establish a department of investigation of DeKalb County at any time he deems it necessary after the passage of this Act. Right to establish. Section II. Be it further enacted that the Chief of said Department of Investigation shall be appointed by the County Commissioner upon the approval of the Judge of the Superior Court of the Stone Mountain Circuit and the Sheriff of DeKalb County. Said Chief shall serve during the pleasure of said officials, and may be discharged by the concurrent vote of any two of them. Chief of Department. Section III. Be it further enacted that the salary of the Chief of the Department of Investigation of DeKalb County shall be fixed by the County Commissioner of DeKalb County in conformity with, and in the same manner as the salaries of other employees of said county. Salary. Section IV. Be it further enacted that nothing contained in this Act shall be construed as repealing any existing laws providing for the appointment and service of Assistant Solicitors for DeKalb Superior Court, and the City Court of Decatur. Existing laws. Approved March 26, 1947. ADAIRSVILLE CORPORATE LIMITS CHANGED. No. 223 (House Bill No. 405). An Act to amend the charter of the town of Adairsville, in Bartow County, Georgia, and the various Acts amendatory thereof, so as to change the corporate limits of said town, and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That 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 the said Town of Adairsville be, and are hereby changed as follows, to wit: The W. A. Railroad Depot in said Town shall be the center for the purpose of establishing the corporate limits thereof, and the corporate line shall extend exactly one (1) mile from said center and said line shall run in all directions from said center so that no point shall be more or less than one (1) mile from said depot, and so that the corporate limits shall form a circle with said depot as the center thereof; except that where the said circle intersects on the Northwest with the Oothcaloga Creek, that the said Oothcaloga Creek to be the boundary on the West side; and where the said circle intersects on the South-east with Gunn Creek, that the said Gunn Creek to be the boundary on the South. Corporate limits, as changed. Section 2. That the effective date of this act shall be the date when the same is approved by the Governor. Effective date. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 26, 1947. ATHENS CHARTER AMENDMENTSALARIES, COMPENSATION. No. 224 (House Bill No. 407). An Act To amend an Act entitled An Act to amend the Charter of the Town of Athens, and the various Acts amendatory thereof, which Act was approved August 24th, 1872, and appears in the Acts of 1872, page 127; and the various Acts amendatory thereof; so as to fix the time for the fixing of Salaries or other compensation of the Officers and Employees of the City of Athens, by the Mayor and Council of the City of Athens.

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Section 1. Be it enacted, and it is, hereby enacted, that from and after the passage of this Act, to take effect after the 1st day of January, or on the 1st day of January, 1948, the Mayor and Council shall at the regular meeting of the Mayor Council of the City of Athens in each year, fix the amounts to be paid to all Officers and Employees of the City of Athens for salaries or fees; and such salaries or fees, when so fixed by resolution or ordinance of the said Mayor and Council of the City of Athens shall not be reduced as to any such Officer, or Employee, during the term for which he is elected or employed. Time for fixing compensation. No reduction during term. Amended act of [Illegible Text] amended. Section 2. Be it, and it is, hereby further enacted that nothing in this Act shall be construed to in any way affect the manner of electing or employing any officer or employee, now in force in and for the City of Athens; nor shall this Act in any way prevent the said the Mayor and Council of the City of Athens from engaging by special employment the services of persons when needed. No effect on manner of electing or employment. Section 3. Be it, and it is, hereby further enacted that the said Mayor and Council may and shall at its next regular meeting after the passage of this Act fix the amounts to be paid said Officers and Employees for the current year of 1947, that is, from January 1st, 1947 to January 1st, 1948. When amounts to be fixed. Section 4. Be it, and it is, hereby further enacted that all laws and parts of laws, in conflict with this act are hereby repealed. Approved March 26, 1947. THUNDERBOLTCLOSING STREET. No. 225 (House Bill No. 414). An Act authorizing the Mayor and Aldermen of the Town of Thunderbolt, in Chatham County, Georgia, to close what is claimed to be a street in a strip of land formerly known as the Doyle Triangle Lot, on the bluff, in the Town of Thunderbolt, in accordance with a deed executed May 15, 1902 between M. J. Doyle and the Town of Warsaw, referring to an agreement between M. J. Doyle and

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Savannah Electric Company, dated January 2, 1902; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Mayor and Aldermen of the Town of Thunderbolt, Chatham County, Georgia, be and are hereby authorized and empowered to close what is claimed to be a street in a strip of land formerly known as the Doyle Triangle Lot, on the bluff, in the Town of Thunderbolt, in accordance with a deed executed May 15, 1902 between M. J. Doyle and the Town of Warsaw, referring to an agreement between M. J. Doyle and Savannah Electric Company, dated January 2, 1902; and to convey the said strip of land to J. A. Cesaroni, of Chatham County, Georgia, with or without consideration as said Mayor and Aldermen of the Town of Thunderbolt may determine; and to pass all ordinances and resolutions necessary to carry out the provisions of this Act. Authority to close what is claimed to be street. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1947. AILEY CHARTER AMENDMENTPAVING, CURBS, GUTTERS. No. 226 (House Bill No. 482). An Act To amend an Act to incorporate the Town of Ailey, in the County of Montgomery; to define the duties, powers and liabilities of the incorporators and officers, and for other purposes connected therewith, approved December 20, 1893, so as to authorize the governing authorities of said town to provide by ordinance for the paving of the sidewalks and streets, and installing curbs and gutters in said town, and how and what manner the same shall be paid, whether by the town or whether by the adjacent landowners, or by both; to repeal all conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, an Act to incorporate the Town of Ailey in the County of Montgomery; to define the duties and powers and liabilities of its incorporators and officers and for other purposes connected therewith, approved December 20, 1893, be, and the same is hereby amended by adding a new Section to be known as Section 8A to read as follows: Act of 1893 amended. The governing authorities of said town whenever in their judgment the same may become necessary or advisable, shall have the right and authority to provide by ordinance for the paving of the streets and sidewalks of said town, and installing curbs and gutters in said town, and to provide how the same shall be paid, whether by the town or whether by the adjacent landowners or by both. New sec. 8A. Paving, curbs, and gutters, authorized. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 26, 1947. THOMASTON CHARTER AMENDMENTTAX RETURNS, BOOKS, ASSESSORS. No. 227 (House Bill No. 485). An Act To amend an Act of the General Assembly of Georgia entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said city;... and for other purposes, approved March 15, 1933 (Georgia Laws 1933, pages 1070 et seq.) by adding immediately following Section 28 of said Act of 1933 a new section amendatory thereof to be known as Section 28-a so as to provide that beginning with the calendar year 1948 all property subject to taxation by said City shall be returned for taxation as of January

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first of each year and that all property owners shall make returns thereof for taxation to the tax assessors of said City not later than April first of each year, and that the tax assessors of said City shall open their books for the return of such taxes on January first of each year and close same on April first of each year; and by adding immediately following Section 29 of said Act of 1933 a new section amendatory thereof to be known as Section 29-a so as to provide that the Mayor and City Council of said City shall annually on or before January first 1948 and on or before January first of each year thereafter elect three upright freeholders residing in said city as a board of tax assessors, and that beginning with the calendar year 1948 if any property owner fails or refuses to make a return of any of his property subject to taxation by said City by April first in any year, said tax assessors shall assess such property for taxation at double the fair market value thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the Act of the General Assembly of Georgia entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said City;... and for other purposes, approved March 15, 1933 (Georgia Laws 1933, pages 1070 et seq.) be amended by adding immediately following Section 28 of said Act of 1933 a new section amendatory thereof to be known as Section 28-a, which amendatory Section shall be and read as follows: Act of 1933 amended. Section 28-a. Be it further enacted by the authority aforesaid, that beginning with the calendar year 1948 all persons owning property in said City 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 January first of each year, which returns must be made not later than April first of each year; and that the board of tax assessors of said City shall open their

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books for the return of all such property for taxation on January first of each year and shall close same on April first of each year. New sec. 28-a. Tax returns. Books. Section 2. Be it further enacted by the authority aforesaid, that said Act approved March 15, 1933 be amended by adding immediately following Section 29 of said Act a new section amendatory thereof to be known as Section 29-a, which amendatory Section shall be and read as follows: Section 29-a. Be it further enacted by the authority aforesaid, that the Mayor and City Council of said City shall annually, on or before January first, 1948 and on or before January first of each year thereafter, elect three upright freeholders residing in said City as a board of tax assessors; and that, beginning with the calendar year 1948 if any person or corporation fails or refuses to make return of any of his real estate or personal property as required by April first in any year, said board of tax assessors shall assess such property of the person or corporation so failing or refusing to return same at double the fair market value thereof. New sec. 29-a. Board of Tax Assessors. If no return. Section 3. Be it further enacted by the authority aforesaid, that all provisions of said Sections 28 and 29 of said Act of 1933 shall remain in full force and effect except in the particulars herein changed and amended. Other provisions in force. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1947. COLUMBUS CORPORATE LIMITS EXTENDED. No. 228 (House Bill No. 489). An Act to amend the Charter of the City of Columbus in the County of Muscogee; to extend the corporate limits of said city so as to include therein that tract of land described as follows: That certain tract of land in Lot Number Ninety-eight (98) of the Coweta Reserve, Muscogee

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County, Georgia, beginning at an iron on what will be the eastern corporate limit line on December 31, 1948, which point is on the east line of Booker Avenue, and the projected north line of 10th Street, being Fifty (50) feet east of the southeast corner of Lot 8, Block B (Addition to Washington Heights) and running thence North Eighty-nine (89) degrees forty-four (44) minutes twenty-six (26) seconds east, for a distance of Five Hundred Seventy-five (575.00) feet along the projected north line of 10th Street projected eastward; thence South One (1) degree three (3) minutes Twenty-six (26) seconds West, for a distance of Nine Hundred Sixteen and twenty-one-hundredths (916.20) feet to the projected south line of 9th Street; thence South Eighty-nine (89) degrees Forty (40) minutes Six (6) seconds West along the projected south line of 9th Street to the said (December 31, 1948) city limit line; and thence North Zero (0) degrees Zero (0) minutes Thirty-four (34) seconds east, Five Hundred Four and sixty one-hundredths (504.60) feet along said city limit line to an iron on the east line of Booker Avenue; and thence North Two (2) degrees Nineteen (19) minutes Sixteen (16) seconds east for a distance of Four Hundred Twelve and Thirty-one-hundredths (412.30) feet along the east line of Booker Avenue, which will be the December 31, 1948, city limit line, to an iron at the beginning point, comprising Twelve and nine one-hundredths (12.09) Acres, more or less; providing that the said extension of the corporate limits of said city shall become effective upon the adoption of an ordinance by the Commission of the City of Columbus so declaring; that said ordinance shall not be adopted until the City of Columbus shall have acquired title to said tract of land, which title may be subject to reservations, including the reservation of part of said tract of land for public street uses; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Columbus in the County of Muscogee be, and it is, hereby amended as follows: Section 1. That the corporate limits of the City of

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Columbus, hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain tract of land in Lot Number Ninety-eight (98) of the Coweta Reserve, Muscogee County, Georgia, beginning at an iron on what will be the eastern corporate limit line on December 31, 1948, which point is on the east line of Booker Avenue, and the projected north line of 10th Street, being Fifty (50) feet east of the southeast corner of Lot 8, Block B (Addition to Washington Heights) and running thence North Eighty-nine (89) degrees forty-four (44) minutes twenty-six (26) seconds east, for a distance of Five Hundred Seventy-five (575.00) feet along the projected north line of 10th Street projected eastward; thence South One (1) degree three (3) minutes Twenty-six (26) seconds West, for a distance of Nine Hundred Sixteen and twnety one-hundredths (916.20) feet to the projected south line of 9th Street; thence South Eighty-nine (89) degrees Forty (40) minutes Six (6) seconds West along the projected south line of 9th Street to the said (December 31, 1948) city limit line; and thence North Zero (0) degrees Zero (0) minutes Thirty-four (34) seconds east, Five Hundred Four and sixty one-hundredths (504.60) feet along said city limit line to an iron on the east line of Booker Avenue; and thence North Two (2) degrees Nineteen (19) minutes Sixteen (16) seconds east for a distance of Four Hundred Twelve and thirty-one-hundredths (412.30) feet along the east line of Booker Avenue, which will be the December 31, 1948, city limit line, to an iron at the beginning point, comprising Twelve and nine one-hundredths (12.09) Acres, more or less. Limits extended. Description. Section 2. That said extension of the corporate limits of said city shall become effective upon the adoption of an ordinance by the Commission of the City of Columbus so declaring; said ordinance not to be adopted until said city shall have acquired title to said tract of land, which title may be subject to reservations, including the reservation of part of said tract of land for public street purposes. Time effective. Section 3. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved March 26, 1947.

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CLARKESVILLE CHARTER AMENDMENTOFFICERS, EMPLOYEES. No. 229 (House Bill No. 519). An Act To amend the Charter of the Charter of the City of Clarkesville and for other purposes. Section 1. Be it enacted by the authority of the General Assembly, and it is hereby enacted by the authority of the same, that from and after the passage of this act by the General Assembly amending the Charter of the City of Clarkesville, in the County of Habersham, which Charter is to be found on Pages 581 to 649, inclusive, of the Georgia Laws for 1917, and as amended by an amendment which is to be found on Pages 638 to 641 inclusive, of the Georgia Laws for the year 1922, be and the same is hereby further amended by striking Section 26 of the Charter of 1917, as first amended by Section 1 and 2 of the amendment of 1922, entirely from the Charter of the City of Clarkesville and substituting in lieu thereof the following words so that said Section 26 as now further amended will read as follows: Amended sec. 26, act of 1917, stricken. Be it enacted by the authority aforesaid that the Mayor and Council of the City of Clarkesville shall annually fix the salary of all officials, officers, specially employed officers, and employees of the City of Clarkesville at such amounts as said Mayor and Council deem to be for the best interest of the City of Clarkesville, that said Mayor and Council shall by proper ordinance prescribe the time and method of payment, that the Mayor and Council of the City of Clarkesville may elect annually such officials, officers, specially employed officers, and employees as they deem necessary and for the best interest of the City of Clarkesville, including a Recorder, a Marshal or Marshals, a City Clerk or Clerk of Council, a City Treasurer, a City Attorney, an Auditor, a City Tax Collector, and not excluding such other officials, officers, or employees as the Council and Mayor may in their discretion elect. In addition to the duties imposed by other Sections of this Charter, the Mayor and Council may further prescribe such additional duties and regulations for their employment as they deem necessary for officers and officials of the City. New section. Officials, officers, employees. Salary, election. Positions included. Additional duties.

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Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. The purpose of the Bill being to allow the Mayor and Council to fix the salaries of the various municipal officers at an amount which the town can pay and by which efficiency may be obtained. Purpose of Act. Approved March 26, 1947. FULTON AND DEKALB METROPOLITAN PLANNING DISTRICT AND COMMISSION. No. 230 (House Bill No. 526). An Act to establish a metropolitan planning district for Fulton and DeKalb Counties; to provide a planning commission for said district; to provide for the making and amending of an overall plan for the orderly growth and development of said district; to define the duties and powers of said commission; to define the relationship between said commission and the governmental units in said district and to define their rights, powers and duties; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same as follows: ARTICLE I. Section 1. There is hereby established a Metropolitan Planning District, hereinafter referred to as the district, which district shall be and include all of the territorial area of Fulton and DeKalb Counties. District established. ARTICLE II. Section 1. There is hereby established as the planning authority for such district the Metropolitan Planning Commission, hereinafter referred to as the commission. The said commission shall be composed of fourteen members as follows: Commission.

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Four citizens of the City of Atlanta, two of whom shall be residents of said city in Fulton County and two of whom shall be residents of said city in DeKalb County. Composition. Three citizens of Fulton County. Three citizens of DeKalb County. The Chairman of the Board of Commissioners of Roads and Revenues of Fulton County, the Commissioner of Roads and Revenues of DeKalb County, and the Mayors of the two municipalities which are the county seats of Fulton and DeKalb Counties. Section 2. The four citizens of the City of Atlanta shall be appointed by the Mayor of the City of Atlanta. They shall be appointed for terms of three years. At the outset, however, the two members who shall be residents of said city in DeKalb County shall be appointed for terms of one and two years respectively, and the two members who shall be residents of said city in Fulton County shall be appointed for terms of two and three years respectively, and thereafter their successors shall be appointed for terms of three years as above set out. City of Atlanta members. Section 3. The three citizens of Fulton County shall be appointed by the Board of Commisioners of Roads and Revenues of Fulton County, and the three citizens of DeKalb County shall be appointed by the Commissioner of Roads and Revenues of DeKalb County. All of said members shall be appointed for terms of three years. At the outset, however, the three members from Fulton County and the three members from DeKalb County shall be appointed for terms of one, two and three years respectively, and thereafter their successors shall be appointed for terms of three years as above set out. Fulton and DeKalb County members. Section 4. The four members from the City of Atlanta, the three members from Fulton county and the three members from DeKalb County shall all be appointed as herein-above set out within ninety days from and after the passage and approval of this Act. In case of vacancy arising from death, resignation, change of residence or any other cause, before the expiration of the term for which any such member has been appointed, a successor shall be appointed for the unexpired term in the same manner as set forth above. Time of appointment. Vacancies.

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ARTICLE III. Section 1. The commission shall elect from its own members a chairman, vice-chairman, secretary, and treasurer, and shall adopt its own rules of procedure and rules for the conduct of its business, including rules for notice and hearing, not inconsistent with the terms of this Act. Officers, rules. Section 2. The commission shall have the power to expend the monies provided for its use as hereinafter set out and monies received from other sources, to employ a manager and other necessary clerical assistance, a district planner and competent and recognized technical and engineering assistance and for other purposes necessary or proper to carry out the provisions of this Act. Expenditures. Manager and other assistants. Section 3. No member shall receive any compensation for his services on the commission but he shall be entitled to be reimbursed from the funds of the commission for his necessary traveling and other expenses incurred in the work for the commission. No compensation. Expenses. ARTICLE IV. Section 1. Funds for the commission shall be provided by Fulton and DeKalb Counties and the City of Atlanta as follows: Funds. The commission each year shall adopt a budget and submit it to Fulton and DeKalb Counties and the City of Atlanta for their approval. If Fulton and DeKalb Counties and the City of Atlanta all approve said budget, then the funds necessary to meet said budget shall be provided by them as follows: Budget. The City of Atlanta shall provide 40% of the total amount of said budget. Division of amount. The remaining 60% of the total amount of said budget shall be provided by Fulton and DeKalb Counties, pro rata, in proportion to the total amounts shown on their respective tax digests. Section 2. The commission shall keep books of account which shall be audited at least once in each calendar year. And the commission shall make annual reports showing

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all its receipts and disbursements, to each of the governmental units contributing to its maintenance. Accounts, audit, reports. Section 3. Any municipality in either Fulton or DeKalb County or both may contribute to the maintenance of the commission and its operations if it so desires but no such municipality shall be required to do so. Contribution by other municipalities. ARTICLE V. Section 1. It shall be the duty of the commission to make, and from time to time as it may deem proper, amend a master plan for the orderly growth and development of the district, and to furnish copies and recommend acceptance thereof to the counties and cities involved. Such master plan, with the acompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the district, including among other things the following: Master plan. The general location, character and extent of streets, highways, viaducts, subways, bridges, waterways, boulevards, parkways, playgrounds, squares, parks, aviation fields, public and private parking spaces, and other public ways, grounds and open spaces; What is to be included. The general location of public buildings, schools and other public property; The general location and extent of public utilities and terminals, whether publicly or privately operated, for light, water, gas, transportation, communication, power and other purposes; and The removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing features of the plan. The use of land areas for residential, business, industrial or other purposes including the height of buildings, size of yards and other matters of a similar nature. Section 2. Before adopting the master plan, or any part thereof, or any amendment, extension or addition thereto, the commission shall hold at least one public hearing. At least seven days' prior notice of the time and place of each hearing shall be given by publication

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in a newspaper of general circulation in the district. At least seven days' prior notice of the hearing shall be given in writing to the governing authority of the governmental unit or units involved. The adoption of the plan, and of any part, amendment, extension or addition thereto, shall be by resolution of the commission carried by the affirmative votes of not less than eight members. Public hearing. Published and other notice. How plan to be adopted. ARTICLE VI. Section 1. The commission shall act in an advisory capacity only and the adoption by the commission of the master plan, or any part thereof, or any amendment, extension or addition thereto, shall constitute a recommendation only and shall have no binding effect on either Fulton or DeKalb County or any municipality therein. Action only advisory and as recommendation. Section 2. Either of said counties or any municipality therein may adopt such master plan, or such part thereof, or such amendment, extension or addition thereto, as it sees fit and by such procedure as its rules may require. Adoption of master plan, part, or addition optional. A. Upon the adoption of such master plan or part thereof by such county or municipality, such county or municipality shall not thereafter change such plan or part thereof without first referring such proposed change back to the commission for its recommendation, except that changes to permit variations from the plan need not be referred back to the commission, provided such changes are of a minor or routine nature and do not materially affect the overall plan and are in the public interest, all of which shall be determined by such county or municipality, whose determination shall be final and conclusive on this point. Changes after adoption. B. When a proposed change has been referred back to the commission, failure of the commission to report its recommendation with respect to such change within thirty days after its receipt shall be deemed to constitute approval by the commission of such change. Reference of proposed change to Commission. C. The recommendation of the commission with respect to a proposed change shall be advisory only and after the receipt of the commission's recommendation or its failure to report within thirty days as hereinabove provided, such

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county or municipality may then adopt such change or not as it sees fit and by such procedure as its rules may require. Its recommendation advisory only. Section 3. Whenever the master plan or any part thereof, shall be adopted by either of said counties or any municipality therein, the enforcement, within its territorial limits, of said plan or part thereof so adopted, shall rest solely with such county or municipality. Enforcement of plan or part. Section 4. The laws of this State as they now are or may hereafter be, conferring on municipalities and counties and the officers, boards and commissions thereof, powers with regard to the regulation and restriction of the height, number of stories and size of buildings and other structures, the percentage of the lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, and all zoning laws, shall not be affected by this Act. Building and zoning laws, etc., not affected. ARTICLE VII. Section 1. The commission and any county or municipality participating in the master plan or any part thereof shall have authority to contract with one another for the furnishing of such services and assistance as may be necessary or proper under the provisions of this Act. What authority to contract. Section 2. The commission may make available the master plan or any part thereof to other counties or municipalities whether they are located in the district or not upon such terms as may be mutually agreed upon. Plan or part available to other counties or municipalities. Approved March 27, 1947. BRUNSWICK CHARTER AMENDMENTS. No. 231 (House Bill No. 22). An Act to amend the charter of the City of Brunswick; to provide that the City Manager need not be a resident of said City; to increase the maximum fee that may be charged for annual registration license for engaging in

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business callings, trades or professions; to prohibit the abolition of the pension system for city employees without an election of the voters of said City; to authorize the levy, collection and disbursement by said City of a tax for the support of the public schools of said City within the limits of the Constitution of the State of Georgia; to authorize and empower the City Commission to install a system of civil service for the various departments of said City; to authorize and empower the City Commission to create the office of deputy clerk of the Police Court; and for other purposes. Section 1. That from and after the passage of this Act Section One (b) and Two of the Act approved March 22, 1935 amending the Charter of the City of Brunswick (Georgia Laws 1935, page 971), be, and they are hereby, amended as follows: By striking the words And shall have been a resident of said City previously to his election for at least two years, appearing in said Section One (b) thereof, and inserting in lieu thereof the following words But he need not have been a resident of said City previously to his election; and by striking the words in the last two lines of Section Two thereof And no person shall be elected to serve as City Manager who shall not have been a resident of such City prior to his election for at least two years. Secs. 1 (b) and 2, act of 1935, amended. City Manager's residence. Section 2. That from and after the passage of this Act any person elected to serve as City Manager need not have been a resident of said City previously to his election. City residence prior to election not required. Section 3. That from and after the passage of this Act Sections Three and Four of the Act entitled An Act to amend an Act to consolidate and amend the several Acts incorporating the City of Brunswick, etc., approved February 25, 1876 (Georgia Laws 1876, page 159) be repealed and the following enacted in lieu of said sections: That all other persons, firms, companies and corporations be required to pay for their registration and license a sum not exceeding One Thousand Dollars. Secs. 3 and 4, act of 1876, repealed. New provision. License amount. Section 4. That from and after the passage of this Act the Pension System for City employees of said City, now in force and as hereafter amended and expanded, shall not be abolished except after an election by the voters of the

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City wherein the abolition of such pension system shall be voted upon and a majority of those voting at such election shall vote in favor of abolishing the same. Any such election shall be held in the same manner and under the same terms, rules and regulations as are now or hereafter provided for special elections in the Charter of said City. No abolition of Pension System without election. Procedure. Section 5. That from and after the passage of this Act the City Commission of said City shall have full authority, and it shall be the duty of said City Commission to levy and collect a tax of not more than is limited by the Constitution of the State of Georgia for such purposes annually, the amount of such tax levy as herein limited shall be fixed by a majority of the City members of the Board of Education of Glynn County, on all the taxable property within said City for the support of the public schools of said City. Said taxes shall be levied and the collection thereof enforced in the same manner as is provided for the levy and collection of taxes generally by said City Commission. All monies arising from the levy of such tax shall be paid over by said City Commission to the Board of Education of Glynn County, Georgia, to be by said Board used in the support of the public schools of said City. It shall be the duty of the Treasurer of said City to keep a separate account of all monies raised from such tax levy, and said Treasurer shall pay over said sums within at least sixty days to the Treasurer of the Board of Education. It shall be unlawful for said City Commission to appropriate or use any monies so derived for any other purpose or subject. Tax for public schools. Collection. Monies. Treasurer's duties. Other use of monies unlawful. Section 6. That from and after the passage of this Act, the Commission of the City of Brunswick shall have full power and authority to install a system of civil service for the various departments of said City providing that persons affected shall serve during good behavior and efficient service, together with the right, in its discretion, to create any board or boards for the conduct of the same; to make all necessary rules and regulations; to exclude therefrom certain persons, officers or groups of employees in its discretion and generally to do all things necessary to carry out the purpose of this section; provided, however, that the same shall not apply to those offices which are elected by vote of the people or vote of the City Commission (but shall include

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those appointed by the City Manager and subject to confirmation by said City Commission, if otherwise included), and provided further that the terms and provisions of this section shall apply only to those employees not now covered by civil service provisions or tenure of office provisions. Civil Service. Employees not now covered. Section 7. That from and after the passage of this Act the Commission of the City of Brunswick shall have the power and authority to create the office of Deputy Clerk of the Police Court of said City, such Deputy Clerk to perform all duties and have all the authority now possessed by the Clerk of the Police Court as such. The person so named as Deputy Clerk shall be elected by said City Commission and may be any Deputy Marshal or other officer of the City Police Force, or any other person, and shall be elected for one year, and shall hold office until his successor is elected. Deputy Clerk of Police Court. Section 8. That the pension provision in the Charter of the City of Brunswick be enlarged and expanded to include two additional classes of employees of said City of Brunswick deemed to be eligible to be granted pensions, and the following additional classes of pensions are hereby established: Pension provision enlarged. (c) Any regular employee of the City of Brunswick, who has served well and faithfully for a period of thirty (30) years or more (of which five years service must have been continuous and immediately before his retirement), shall upon application to said Board of Pensions, be retired from active service, and said employee shall receive monthly for the balance of his life as a pension, one-half of the amount of the average monthly salary or wages paid to him for the three years next prior to time of his retirement, provided, however, that such pension shall in no event exceed the sum of one hundred fifty (150.00) dollars per month. Having served the time required, such employee's retirement and pensioning, if requested by such employee, shall be mandatory upon the Board of Pensions. Additional classes of employees. Pension amounts. (d) Any regular employee of the City of Brunswick who shall become totally disabled through, or because of aggravation of an existing physical disability while in

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the performance of his duty as such employee, may be granted a monthly pension by the said Board of Pensions for the duration of such total disability in an amount not to exceed one-half of his monthly salary received by him at the time when he has become totally disabled, which in no event is to exceed the sum of one hundred ($100.00) dollars per month; provided, that the total disability of the said employee, and the fact that such disability has been caused by work as an employee of said city aggravating a pre-existing disability, shall be established by evidence satisfactory to the Board of Pensions. The pensions herein provided for may be granted irrespective of the years or term of service of such employee. Any employee who received compensasation under the workmen's compensation laws of the State of Georgia for such disability as herein described, shall not be eligible to receive a pension from the City of Brunswick. Such pension, if granted, shall continue only so long as such employee is totally disabled. The Board of Pensions shall have the right and power to have such employee examined from time to time, at its discretion, during the continuance of said pension in order to determine whether the disability is permanent and total. Total disability. Section 9. Be it further enacted, that should any clause, portion or section of this Act be declared unconstitutional or invalid by any court of the State for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. If part unconstitutional. Section 10. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 27, 1947. WAR VETERAN EMPLOYEES' STATUS, RETIREMENT OR PENSIONS. No. 232 (House Bill No. 46). An Act To provide that other than dishonorably discharged veterans of World War II who were furloughed from positions of employment with county or municipal governments,

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shall not lose any seniority of position on any retirement or pension plan by virtue of service in the armed forces; to provide that veterans of World War II who were furloughed from positions of employment with a county or municipal government; shall not be required to make any payments to any retirement or pension fund for and during his period of service with the armed forces; to provide a separability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That no other than dishonorably discharged veteran of World War II, who was furloughed from a position of employment with a county or municipal government, having a retirement or pension plan for the position occupied, shall suffer or otherwise lose any seniority toward his or her retirement or pension by virtue of service in the armed forces. Veterans' status after discharge. Section 2. That no other than dishonorably discharged veteran of World War II, who was furloughed or given leave from a position of employment with a county or municipal government, having a retirement or pension plan for the position occupied, shall be required to make any payments to any retirement or pension fund for and during his period of service with the armed forces. No payments to retirement or pension fund during service with armed forces. Section 3. That if any section, sentence or clause of this Act shall for any reason be held invalid or unconstitutional by any Court of competent jurisdiction, the same shall not affect the validity of this Act as a whole or any part thereof or that portion so held to be invalid or unconstitutional. If part of Act invalid. The provisions of this Act shall apply to political subdivision of any county or municipality where a retirement or pension plan is in effect. Where Act applies. Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 27, 1947.

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REGULATING ACTS AT POLLS IN CERTAIN COUNTIES. No. 233 (House Bill No. 68). An Act To prohibit and to regulate within the territorial limits of any County in this State having a population of between 81,000 and 82,000, according to the United States census of 1940, or by any future United States census, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; to restrict the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the county outside the limitation of municipality; to provide penalties for the violation of this Act, and for other purposes. Be it enacted by the General Assembly or the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That this Act shall be applicable to all counties in this State having a population of between 81,000 and 82,000 according to the United States census of 1940 or any future United States census. Counites where applicable. Section 2. That on the day before each election or primary, general or special, in such counties as designated in Section 1 of this Act, the police department of any incorporated town of such counties and the sheriff of said counties at voting precincts situated outside of incorporated towns shall establish a point not less than 200 feet from all places selected or designated as the voting or polling place in each voting precinct in such counties, and at such measured points shall paint or mark white lines on the street or otherwise suitably designate such points, and the area within such lines or designations next to the voting or polling place shall be known as the no solicitation of votes zone on the day of election. No solicitation of votes zone. Designation. Section 3. Be it further enacted that it shall be unlawful for any person between the hours of 7 a. m. and 7 p. m. o'clock on the day in which an election (or primary), general or special, is held in such counties to solicit within the area designated the no solicitation of votes zone in

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any manner or means whatsoever other persons to vote for or against any candidate or proposition to be voted upon that day. Vote solicitation there prohibited. Section 4. Be it further enacted that it shall be unlawful for any person between the hours of 7 a. m. and 7 p. m. o'clock on the day in which an election (or primary), general or special, is held in such counties to loiter within the area designated the no solicitation of votes zone. Loitering there prohibited. Section 5. Be it further enacted that it shall be unlawful for any person between the hours of 7 a. m. and 7 p. m. o'clock on the day in which an election (or primary), general or special, is held in such counties to hand out cards or pamphlets or to carry banners for or against any person or proposition to be voted on, within the no solicitation of votes zone. Handing out cards, etc., prohibited. Section 6. Be it further enacted that it shall be the duty of the Chief of Police in incorporated towns in such counties and of the Sheriff and peace officers of such counties acting for the territory of such counties situated outside of incorporated towns on the day of each election to assign at least one police officer to be present at each voting place and each voting precinct in the territorial limits of all such counties from 7 a. m. to 7 p. m. o'clock, and such officers shall rigidly enforce the provisions of this Act. Law officers' duty to enforce. Section 7. Be it further enacted that any person found violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by Section 27-2506 of the Georgia Code of 1933. Violations, punishment. Section 8. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. WARRANT OF APPRAISEMENT, PROPERTY OF DECEASED PERSONS. Code 113-1401 amended. No. 234 (House Bill No. 175). An Act To amend Section 113-1401 of the Georgia Code of 1933 providing for the issuance of a warrant of appraisement

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to appraise the property of deceased persons by striking said Section in its entirety and by rewriting same so as to authorize the ordinary to issue a warrant of appraisement to appraisers residing in the county where an administration of a deceased person is pending, to fix the number of appraisers, and to require them to appraise all property belonging to the deceased, whether lying in the county in which administration may be pending or in other counties of the State; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 113-1401 of the Georgia Code of 1933 relating to the appointment of appraisers and the issuance of a warrant of appraisement to appraise the property of a deceased person be and said Section of the Code is hereby amended by striking the same in its entirety and by rewriting same, so that when rewritten shall read as follows: Section stricken. 113-1401. Warrant of appraisement; number of appraisers.Immediately upon the qualification of every administrator, the ordinary shall issue a warrant of appraisement directed to five disinterested freeholders, citizens of the county where the administration is pending, any three of whom shall be qualified to act, requiring them on oath fairly and justly to appraise and value all of the personal property of the deceased produced to them by the administrator, and also all real estate belonging to the deceased, whether said real estate be situated, lying and being in the county where the administration is pending or in any other county of the State of Georgia. New section. Warrant of appraisement; requirements. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. CITY COURT OF MILLENAMENDMENTS. No. 235 (House Bill No. 177). An Act to Amend An Act to establish the City Court of Millen, in the City of Millen in and for the County of

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Jenkins; to define its jurisdiction and powers, to provide for the election of a Judge, Solicitor, and other officers thereof; to provide for pleading, practice and new trials therein, and writs of error therefrom, and for other purposes, of the General Assembly of Georgia, approved March 12, 1945 (Act No. 300) (Acts 1943, p. 758-778) to provide for a new section to be known as 22(a) providing for a public record of all criminal warrants for misdemeanor offenses in said County and the disposition thereof; to provide for the amendment of Sections 14, 18, and 20 to make practice and procedure of said Court uniform with new rules of practice and procedure adopted for the Superior Courts of this State; to provide for an increase in the salaries of the Judge and Solicitor of said court by amending Section 2 and 8 of said Act; by providing for the increase of certain fees of the Sheriff and Clerk of said Court; to provide for the repealing of any and all laws in conflict therewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; That the Act of the General Assembly of Georgia known as An Act to establish the City Court of Millen in and for the County of Jenkins, and for other purposes, approved March 12, 1943 (Acts 1943, pp. 758-778) be amended by adding to Section 22 of said Act a new section to be known as Section 22 (a) as follows: Act of 1943 amended. Section 22(a). Be it further enacted by authority of the same, That the Sheriff of said Court, his Deputy, or any other lawful officer, shall, after executing a criminal warrant for a misdemeanor offense commited in Jenkins County by arresting the defendant and taking bond or committing the defendant to jail, return said warrant to the Clerk of said City Court, who shall enter the same in a City Court Warrant Record to be kept by said Clerk, and such entry shall include the statement of the case, date issued, name of prosecutor, offense charged, whether bond given or defendant committed to jail, and also, at the proper time, shall be added the final disposition of said case. After such warrants are entered on said book the Clerk shall deliver them to the

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Solicitor of said Court for further disposition. The said Sheriff, or other executing officer, shall not have the right to charge or collect costs in any such criminal misdemeanor case in which the warrant is not delivered to the Clerk as herein provided. The said Clerk shall receive the sum of $0.25 Twenty-five Cents for each such warrant so entered, payable out of the fine and forfeiture fund created by said Act. New sec. 22(a). Misdemeanor warrants. Record of actions taken; procedure, etc. Where officer does not deliver to Clerk. Clerk's cost. Section 2. Be it further enacted by authority of the same, That Section 2 of said Act to establish the City Court of Millen in and for the County of Jenkins, etc., approved March 12, 1943, be amended by striking from the last sentence of said Section the following words Nine Hundred Dollars and inserting in lieu thereof the following words, Fifteen Hundred Dollars so that, when amended, the said last sentence of said Section 2 shall read as follows: The Judge of said Court shall receive a salary of Fifteen Hundred Dollars per annum to be paid in equal monthly installments from the treasury of Jenkins County, and shall receive no other compensation, but may practice law in any other Court except his own. Sec. 2 amended. Judge's salary. Section 3. Be it further enacted by the authority of the same, That Section 8 of said Act to establish the City Court of Millen and for the County of Jenkins, etc., approved March 12, 1943, be, and it is hereby amended by striking from the one and only sentence of said Section 8 the following words: Seven Hundred Twenty Dollars, and inserting in lieu thereof the following words: Twelve Hundred Dollars, so that when amended said Section 8 shall read as follows: Sec. 8 amended. Section 8. The Solicitor of said City Court shall receive a salary of Twelve Hundred Dollars per annum, payable monthly, out of the Treasury of Jenkins County, and in addition to this the Solicitor shall receive his regular fees from the State in the prosecution of cases before the Court of Appeals of Georgia, and may practice law in any Court with the exception of representing defendants in criminal cases in the City Court of Millen. Solicitor's salary. Section 4. Be it further enacted by the authority of aforesaid, that Section 14 of said act be amended by striking therefrom the following words: Where not inconsistent

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with this Act, and unless otherwise specifically provided by this Act, so that when amended said Section 14 shall read as follows: Section 14. Be it further enacted by the authority aforesaid, that in all matters pertaining to service, pleading and practice, the laws governing the Superior Court, shall be applicable to said City Court. Sec. 14 amended. Service, pleading and practice. Section 5. Be it further enacted by the authority aforesaid, that Section 18 of said Act be amended by striking therefrom the following, beginning in the fourth sentence of said Section: And shall stand for trial at the first term unless a defense is filed in which event the second term shall be the trial term, unless a jury is demanded and it is necessary to continue the trial of the case to get a trial by jury., And striking all of the remainder of said Section 18, and adding after the fourth sentence the following: The rules of practice and procedure that are now, or may hereafter be, conformable to civil actions in the Superior Courts of Georgia shall apply and pertain to all Civil Actions brought in, or returnable to, the said City Court of Millen. so that when amended said Section 18 shall read as follows: Sec. 18 amended. Be it further enacted by the authority aforesaid, That the terms of said Court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Mondays of each month in the year, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion of the judge, until the business is disposed of. When the monthly and quarterly sessions fall on the same day, the business of the monthly session shall be first disposed of and immediately upon the disposition of the business of the monthly term, the Judge shall convene the Court in quartelry session. Suits for not exceeding Two Hundred Dollars, principal, and all proceedings and issues when not over Two Hundred Dollars is involved, shall be returned to the monthly session of said Court. The rules of practice and procedure that are now, or may hereafter be, conformable to civil actions in the Superior Courts of Georgia shall apply and

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pertain to all Civil Actions brought in, or returnable to, the said City Court of Millen. To read. Terms. Rules of practice and procedure. Section 6. Be it further enacted by the authority of aforesaid, That Section 20 of said Act be amended by striking therefrom the following words: Except as otherwise provided in this Act. so that when amended said Section shall read as folows: Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respects be conformable to the mode of proceedings in the Superior Courts. But the process to writs shall be annexed by the Clerk of said City Court, be attested in the name of the Judge thereof, and be directed to and served by the Sheriff of the City Court of Millen, or his lawful deputies, or to the Sheriff of Jenkins County, or his Deputies. Sec. 20 amended. Court procedure. Process. Section 7. Be it further enacted by authority of the same, That this Act shall be effective and of force on the first of the next calendar month following its passage and approval by the Governor. Date effective. Section 8. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 27, 1947. YEAR'S SUPPORTAPPRAISEMENTPROPERTY IN COUNTY OTHER THAN THAT OF APPLICATIONRECORD OF RETURN. Code, Chapter 113-10, amended (113-1002A). No. 236 (House Bill No. 182). An Act to amend Chapter 113-10 of the Code of 1933 relating to distribution, advancement and year's support by adding thereto a new Section to be numbered as Section 113-1002A and to provide therein that appraisers appointed to set apart a year's support to a widow, widow and children, or children only, shall be appointed from the county where the administration of the estate of the deceased is pending, or if no administration, then

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from the county where the deceased resided at the time of his death; to provide that appraisers may set apart a year's support out of property located in the county where the application is made or in counties other than where the application is pending; to provide that the return together with a certified copy of the judgment setting aside the year's support shall be recorded in all counties where property so set apart may be situated; to provide that the title so set apart by appraisers appointed in the county where application was made shall vest title in the widow, widow and children, or children only, as provided for in Section 113-1106 of the Code of 1933; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Chapter 113-10 of the Code of 1933 entitled distribution, advancement and year's support, be and said Chapter is hereby amended by adding a new Section thereto, said new Section to be numbered 113-1002A and to read as follows: 113-1002A. The appraisers appointed by the ordinary to set apart and assign to a widow, widow and children, or children only, a year's support, under and by virtue of Section 113-1002 of the Code of 1933 shall be residents of the county where the administration of the estate of the deceased is pending; or if no administration, then from the county where the deceased resided at the time of his death. The appraisers thus appointed shall have power to set aside to such widow, widow and children, or children only, either in property or money, and from property of the deceased whether located in the county of their appointment or in any other county of the State of Georgia, a sufficiency from the estate for the the support and maintenance of such widow, widow and children, or children only, for the space of twelve months. The return of said appraisers, and the order of the court thereon, shall have the same force and effect as to property located outside of the county where the administration is pending or where the deceased resided at the time of his death as where property set aside is located in the county where the administration is pending or where the deceased resided, at the time of his death: And title to such property

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both inside of and outside of the county where such administration is pending or where such deceased resided at the time of his death shall vest in the widow, widow and children, or children only, as now provided by law. Should property be set aside by such appraisers, to a widow, widow and children, or children only, which is situated outside of the county where the application was made and the appraisers appointed, a certified copy of the return of the appraisers and of the order of the court of ordinary thereon may be entered and recorded in the office of the clerk of the Superior Court of the county where such property is located. Ch. 113-10 amended. New 113-1002A. Year's support. Appraisers' residence. Their power as to property in any county of State. Effect of return in any county. Title. Record in Counties other than that of application. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. LOWNDES COUNTY COMMISSIONERSAMENDMENTS. No. 237 (House Bill No. 219). An Act To amend an Act approved February 12, 1945 (Acts 1945, pp. 639-647) entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Lowndes, etc., by striking from said Act approved February 12, 1945 (Acts 1945, pp. 639-647) creating a Board of Commissioners of Roads and Revenues in and for the County of Lowndes all of Section 6 in its entirety, which Section 6 relates to the selection of a Chairman and by striking therefrom in its entirety all of Section 15, which Section 15 provides for the election and term of office of members of the Board to succeed the members named by said Act; and to amend Section 2 of said Act creating a Board of Commissioners of Roads and Revenues for County of Lowndes by adding thereto a new paragraph and providing in said added paragraph for the election of members of said Board to succeed those named in said Section, for staggered terms of members to be elected, to fix the term of office of said successors and future elected members; and to provide

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for the selection of a Chairman; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. That the Act approved February 12, 1945 (Acts 1945, pp. 639-647) entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Lowndes be and the same is hereby amended by striking therefrom in its entirety all of Section 6 of said Act which reads as follows: Sec. 6, act of 1945, stricken. Section 6. At the first meeting of said Board, after the election of the members thereof, as hereinafter provided for, they shall select one of their number to serve as Chairman for the ensuing term for which they were elected. Section 2. That the Act approved February 12, 1945 (Acts 1945, pp. 639-647) entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Lowndes be and the same is hereby amended by striking in its entirety all of Section 15 of said Act which reads as follows: Sec. 15 stricken. Section 15. Beginning January 1, 1949, the members of the Board shall serve for a term of four years and shall be elected at the general election at which other County officers are elected, the first such election to be in the year 1948, and one each fourth year thereafter. Section 3. Be it further enacted that Section 2 of an Act approved February 12, 1945 (Acts 1945, pp. 639-647) entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Lowndes be and the same is hereby amended by adding thereto a new paragraph, which said new paragraph shall read as follows: Sec. 2 amended. The successors to the Commissioners herein named shall be elected at the general election in which other county officers are elected in the year of 1948. One commissioner shall be elected for a term of two years, one for a term of four years, and one for a term of six years, and thereafter one member shall be elected at the general election for members of the General Assembly in 1950 and every two years thereafter, for a term

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of six years. In the election held in 1948 the candidate receiving the highest vote shall be elected for a term of six years, and the candidate receiving the second highest vote shall be elected for a term of four years, and the candidate receiving the third highest vote shall be elected for a term of two years. At the first meeting of said Board, after each election as herein provided for, the said members of the Board shall elect one of their number to serve as Chairman for the term of two years. New paragraph. so that said Section 2 of said Act when so amended shall read as follows: Section to read. Section 2. Said Board shall consist of three members, and until their successors are elected and qualified shall be composed of D. E. Coleman, as Chairman, T. M. Dasher, as Vice-Chairman, and E. P. Staten, the present commissioners. Each member of said Board, including those herein named, before entering upon the discharge of their duties shall take and subscribe the following oath: `I do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues in and for the County of Lowndes, and in all matters which require my official action I will so act as that in my judgment will be most conducive to the welfare and best interests of the entire County, and that I am not the holder of any public funds in the State unaccounted for.' The three Commissioners above designated shall serve as such Commissioners for the remainder of the term for which they were elected, to wit; to January 1, 1949, or until their successors are elected and qualified. Commissioners named. Oath. Term of service. The successors to the Commissioners herein named shall be elected at the general election in which other county officers are elected in the year of 1948. One Commissioner shall be elected for a term of two years, one for a term of four years, and one for a term of six years, and thereafter one member shall be elected at the general election for members of the General Assembly in 1950 and every two years thereafter, for a term of six years. In the election held in 1948 the candidate receiving the highest vote shall be elected for a term of six years, and the candidate receiving the second highest vote shall be elected for a term of four years, and the candidate

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receiving the third highest vote shall be elected for a term of two years. At the first meeting of said Board, after each election as herein provided for, the said members of the Board shall elect one of their number to serve as chairman for the term of two years. Election of successors. Terms. Election of chairman; term. Section 4. Be it further enacted that all laws and parts of laws in conflict with any provision contained in this be, and the same are hereby repealed. Approved March 27, 1947. JENKINS TAX COMMISSIONER'S COMPENSATION. No. 238 (House Bill No. 220). An Act to Amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia, to provide and fix the compensation of said office and for other purposes, and Acts amendatory thereto (Act No. 394, approved March 19, 1943) (Amendment, Act No. 457, approved March 9, 1945) by adding the word fees and the words county and local school district school taxes to Section 4 thereof, thereby allowing additional compensation to said Tax Commissioner for the collection of State Taxes, regular and special, and County and Local school district school taxes in and for Jenkins County, Georgia; to repeal all laws in conflict thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act to amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia, to provide and fix the compensation of said office and for other purposes, being Act No. 457, approved March 9, 1945, be, and same is hereby, amended by adding to Section 4 the word fees and the words county school taxes and local school district school taxes so that when amended Section 4 shall read as follows: Sec. 4, act of 1945, amended. Section 4. Be it further enacted by the authority aforesaid that the salary of the Tax Commissioner shall be Fifteen Hundred Dollars ($1500.00) per annum payable

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monthly, effective March 1, 1947, plus any and all commissions and fees received from the receiving and collection of State taxes, regular or special, county school taxes, and local school district school taxes. Said rate of Commission to be determined, by the officials of the State Revenue Department or their successors from time to time. Said Tax Commissioner's salary shall be payable from the funds of the Board of Roads and Revenues of Jenkins County, Georgia. To read. Compensation. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1947. PUBLIC SCHOOL TEACHER RETIREMENT SYSTEMAMENDMENT. No. 239 (House Bill No. 250). An Act to amend an Act approved March 19, 1943, Georgia Laws 1943, pp. 640-670, entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine membership and conditions of membership in said system; etc, by striking from subsection 2 of Section 4 of said Act the first sentence which reads as follows: Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943 shall file a detailed statement of all service as a teacher rendered by him prior to July 1, 1943, for which he claims credit., and by adding in lieu thereof the following: Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1, 1943 or has taught two years from January 1, 1945 to January 1, 1948, shall file a detailed statement of all service as a teacher rendered by him prior to July 1,

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1943, for which he claims credit.; to provide how said subsection 2 of Section 4 when so amended shall read; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved March 19, 1943, Georgia Laws 1933, pp. 640-670, entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schols; and other State Supported Schools; to determine membership and conditions of membership in said system; etc., be and said Act is hereby amended by striking from subsection 2 of Section 4 the first sentence which reads as follows: Sec. 4(2), act of 1943, amended. Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943 shall file a detailed statement of all service as a teacher rendered by him prior to July 1, 1943, for which he claims credit., and by adding in lieu thereof the following: Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1, 1943 or has taught two years from January 1, 1945 to January 1, 1948, shall file a detailed statement of all service as a teacher rendered by him prior to July 1, 1943, for which he claims credit., so that said Section when so amended shall read as follows: Part stricken. (2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940 and January 1, 1943 or has taught two years from January 1, 1945 to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to July 1, 1943, for which he claims credit. In the event any person who would otherwise have qualified under this Subsection shall be on leave in the armed forces of the United

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States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the member the period of service prior to July 1, 1943 with which he is credited on the basis of his statement of service, and certifying the amount of his `prior service accumulations' as defined in Subsection (3) of this Section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. Subsection to read. Teachers included. Procedure; service certificate. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. PUTNAM SHERIFF'S COMPENSATION. No. 240 (House Bill No. 264). An Act to provide that the county fiscal authorities of Putnam County shall fix a salary not to exceed one hundred ($100.00) dollars per month to be paid the sheriff of Putnam County in addition to fees now paid said sheriff; to authorize said fiscal authorities to pay said salary from county funds; to authorize the levying of a tax to pay the salary fixed by the fiscal authorities to be paid said sheriff; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. The fiscal authorities of Putnam County, Georgia, are hereby empowered and authorized to fix a salary in an amount not to exceed one hundred ($100.00)

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dollars per month to be paid the sheriff of Putnam County, Georgia, in addition to the fees which said officer now receives. The salary for the sheriff of Putnam County as fixed by the fiscal authorities of said county shall be paid from county funds, and shall be paid monthly. In addition to the salary so fixed by the county fiscal authorities in amount not to exceed one hundred ($100.00) dollars per month, the sheriff of Putnam County shall be entitled to, and shall receive all fees now or hereafter fixed by law payable to the sheriff. Salary. Payment. Fees. Section 2. The fiscal authorities of Putnam County, Georgia, are hereby empowered and authorized to levy a tax sufficient to pay the salary for the sheriff as herein provided. Tax levy. Section 3. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. DALTONNEW CHARTERREFERENDUM. No. 241 (House Bill No. 269). An Act to amend, consolidate and supersede an Act approved February 24, 1874, amending and codifying the various acts incorporating the City of Dalton and the several acts amendatory thereof; to create and establish a new charter for the city of Dalton; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper for said city, and to confer extraterritorial jurisdiction upon said city within certain adjacent territory; to exercise its police powers and to regulate certain matters, things and offenses; to provide for the execution, service and return of certain writs, warrants and executions of said city beyond the limits of said city and within the State; to confer upon said city the right of eminent domain, and the right to acquire and own property beyond its corporate limits for certain purposes; to provide that no valid or existing ordinance, rule or regulation of said city not inconsistent with this act shall be affected thereby; and

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that no existing contract, bond, debt or obligation of said city shall be affected by this act; to provide for the creation of four political wards in said city; to provide for the election of a Councilman from each of said wards; to provide for the election of a Mayor of said city; to prescribe the powers, duties and responsibilities of the Mayor and Council, and to fix their compensation; and prescribe their qualifications and terms of office; to provide for the choosing of a city manager by the Mayor and Council; to prescribe his qualifications, term of office, compensation, powers, duties and responsibilities; to provide for a Mayor Pro Tem; to provide for a City Clerk; to prescribe qualifications, term of office of said Clerk and manner of election and compensation; to provide for a city depository and how all warrants shall be drawn upon funds of said city; to fix the manner of choosing city officials and employees and prescribing their terms of office, qualifications and compensation; to preserve the corporate name and organization of the City of Dalton; to provide that the present Mayor and Council shall continue to serve for the term for which elected; to provide that rights, remedies and actions shall survive; to provide for a Recorder's Court; to provide for the naming and choosing of a Recorder and fix his term of office, qualifications, duties, powers and compensation; to provide that the fire and police department of said City shall be under the power and control of the City Manager; to provide that the chiefs of said departments shall be responsible to the City Manager; to provide for a Board of Water, Light and Sinking Fund Commissioners and to fix their powers, duties, responsibilities and compensation; to provide for the operation of the public utilities of said City by the Board of Water, Light and Sinking Fund Commissioners; to provide that said board shall make all contracts affecting said public utilities, buy supplies and materials and provide for upkeep and extension and make all rules and regulations for furnishing lights, water and gas to the inhabitants of said City and enforce same; to provide that said City may maintain an electric light plant, maintain same and build lines for distribution and transmission

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of electricity; to provide for the maintenance and operation of the water works of said City, construction of mains and distribution of water within and without said City; to provide for the operation of a gas plant by said City and for the distribution of gas to the inhabitants of said City; to provide for a sinking fund to retire the bonded debt of said City and the investment of said fund; to provide that the public utilities not be sold without referendum; to provide for a Board of Tax Assessors for said City, and to prescribe their duties; to provide for the levy and collection of taxes by said City, and the assessment of real and personal property for taxation; to provide for a Public School System in said City; to provide for the election of a Board of Education for said City; to fix the term, duties, powers and qualifications of the members of said board; to provide for levying of a tax for school purposes by the Mayor and Council; to provide for keeping school funds separate from other funds of said City; to authorize the Mayor and Council to establish fire limits and to regulate the construction of buildings within said limits or elsewhere in said City and to adopt a building code; to provide for a City Attorney and City Physician; to provide for the adoption of ordinances and resolutions by the Mayor and Council of said City; to provide for the qualifications of voters in said City; to provide for elections and the manner of holding elections in said City; to provide for a Board of Registrars for said City, and to prescribe their duties; to provide for the punishment of persons violating the laws and ordinances of said City; to provide for the abatement of nuisances, the regulation of fire hazards and smoke in said City; to authorize the Mayor and Council to create a Health Department and to make all rules and regulations necessary to protect the health of the public and to regulate the sale and distribution of milk in said City; to empower the City of Dalton to furnish aid and relief and grant pensions to its employees; to grant pensions to dependents of any employee who loses his life as the result of injuries sustained in line of duty; to regulate the granting of such pensions and prescribe conditions

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upon which pensions may be granted; to provide for the levy of a tax on the salary of all employees; to provide that the City may use its funds for matching contributions of employees; to provide for the administration of said pension funds; to provide for the laying and construction of sidewalks in said City and for the assessment of cost against property owners; to provide for the collection of assessments for construction of sidewalks; to provide for illegality to sidewalk assessment executions; to provide authority to repair, change, pave the streets and alleys in said City; to provide for the assessment of cost of paving, repairing or improving any street against abutting property owners; to provide for resolution requiring paving, repairing or improving any street; to provide for petition for paving by property owners; to provide for protest and objection; to provide for collection of assessments for street paving or improvements; to provide for lien on abutting property; to provide for payment of assessments in annual installments, bearing interest; to provide for levy of assessments; to provide for issuance of street improvement bonds and provide when they shall be due and payable; to provide for levy and sale of property upon default; to provide for illegality by the defendant or property owner; to provide for street or sidewalk improvement with aid of State or Federal funds and how said improvements shall be made; to provide for assessment of a part of the cost against the abutting property owners; to provide for levy of assessments; establishment of a lien, and for levy and sale; to provide for the registration of businesses and professions; to provide for the assessment and collection of business licenses; to provide for the construction and maintenance of a sewer system in said City; to provide for referendum; to repeal all laws inconsistent with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Dalton, Whitfield County, Georgia, hereinafter described, be, and they are hereby

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continued as an incorporation under the name and style of the City of Dalton, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to said City of Dalton as hereinbefore incorporated, with power to govern themselves by such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. And the said City of Dalton may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and do all other things necessary to promote the municipal corporate purposes of said city and the welfare and proper government of its inhabitants. And the said City of Dalton shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, or dispose of or sell, any interest in any real or personal property of whatsoever kind or description within or without the limits of said city, for corporate purposes. Said City of Dalton, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities, and undertakings, and shall succeed to all the rights, of said City of Dalton as heretofore incorporated, and all existing valid ordinances, rules, by-laws, and resolutions of the city as heretofore incorporated, not inconsistent with this charter, remain unaffected hereby and are hereby continued and confirmed. City's incorporation continued. General powers, etc. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of said city shall be the same as heretofore incorporated, namely: City limits. The corporate limits of the City of Dalton shall be the circumference of a circle, described from the center of the freight depot of the Western and Atlantic Railroad, in said city, as a center, with a radius of one and one-half miles in length. It is further provided that the provisions of the

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Dalton City limits Extension Act of 1946, pages....., are expressly preserved. Section 3. The City of Dalton shall be divided into four wards as follows: Wards. First Ward, north of Tyler Street; Second Ward, between Tyler Street and Crawford Street; Third Ward, between Crawford and Emery Streets; Fourth Ward, south of Emery Street, a line through the center of each of the Streets named to form the boundary line of the several wards, and where such street terminates the extension of the line through the middle of said street to the city limits shall constitute the line between the wards. Section 4. The municipal authorities of the City of Dalton shall be the Mayor, and four members of Council, one of whom shall be Mayor Pro Tem. with such other officers as shall hereafter be prescribed. Officials. Section 5. The Mayor and Council of said City of Dalton shall have power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said Mayor and Council shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this charter, and that may be done or exercised under the laws of this State conferring powers upon municipal corporations. Provided said laws, ordinances, rules and regulations are consistent with the laws of the State. Police and general powers. Section 6. The compensation of all officers provided for

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by the Charter of the City of Dalton shall be fixed by the Mayor and Council. The salary of the Mayor and of the members of Council shall not exceed $250.00 each per annum. Compensation. Section 7. At the city election on the second Wednesday in December, 1947, the councilmen each from the First and Third Wards shall be elected by the voters of said city for a term of two years beginning January 1, 1948; and at the city election held on the second Wednesday in December, 1948, the councilmen each from the Second and Fourth Wards shall be elected by the voters of said city for a term of two years beginning January 1, 1949; and annually thereafter the councilmen each from the wards whose terms expire the first of January following shall be elected for a term of two years. The Mayor shall be elected at the regular city election on the second Wednesday in December, 1947, for a term of two years, beginning January 1, 1948; and his successors biennially thereafter. And the Mayor and Councilmen shall hold their offices for said terms, and until their successors are elected and qualified. Be it further provided by this Act that the present Mayor shall continue in office as the Mayor of the City of Dalton under this charter until the expiration of the term for which he was elected and until his successor is elected and qualified, and the present councilmen of the City of Dalton shall continue in office as Councilmen of the City of Dalton until the expiration of the terms for which they were elected and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said City of Dalton created by this Act. Election of officials. Terms. Present officials. Section 8. The qualifications of the Mayor and Councilmen or Aldermen shall be the same as those prescribed herein for voters of said city, except that a councilman must have lived within the ward from which he is elected for three months prior to the election, and be living in such ward at the time of the election; and except that the Mayor at the time of his election must be 25 years of age or older. Qualifications of officials.

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Section 9. The Mayor and Councilmen shall be elected by a vote of the entire city. What vote elects. Section 10. At the first regular meeting after the first day of January in each year, the Mayor and Council shall elect a member of Council to be Mayor pro tem for one year. Such Mayor pro tem shall take the oath prescribed for the Mayor and thereafter shall have the authority, during the absence of the Mayor from the city or his sickness, or other temporary inability to act, to exercise all authority, to do all acts, and perform all duties required of the Mayor by law or ordinance; and all the acts of the Mayor pro tem, under this Act, shall be as valid in all respects as if done by the Mayor of the City. Mayor Pro Tem. Section 11. Should the office of Mayor pro tem become vacant for any cause, the Mayor and Council shall fill the vacancy by the election of a Mayor pro tem for the unexpired term. Vacancy. Section 12. The Mayor and Council of the City of Dalton shall hold regular meetings on the first and third Mondays of each month. Special meetings may be held at any time on call of the Mayor or a majority of the members of Council. The Mayor and all members of Council shall be notified in advance of special meetings. All meetings shall be held at the Council chambers in the City Hall and shall be open to the public. Meetings. Section 13. For the transaction of all business, except as otherwise provided, the Mayor and two members of council shall constitute a quorum; and the vote of three members of Council or of two members of Council, with the concurrence of the Mayor, shall decide any question which shall come before the Council, except when provided otherwise by this Act. Quorum. Voting. Section 14. Neither the Mayor nor any member of Council, nor any of the officers of said corporation shall, during his continuance in office, purchase any claim, demand, order or debt against the city for less than the full amount of such debt, claim, order or demand, appearing to be due or claimed to be due, in cash; nor shall any of the officers, or Mayor, or members of Council, be directly or indirectly interested in any contract made by the Mayor

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and Council, or their agent, for the improvement of the city or otherwise; and for any violation of this section, the person so offending shall be removed from office, and shall, in addition, be subject to indictment as for a misdemeanor, and shall be punished accordingly. Prohibited acts of officials. Punishment. Section 15. The Mayor and Council shall cause to be published monthly in a newspaper published in the City a condensed report of receipts and expenditures of the City; and annually a complete report of the financial operations of the City for the preceding year, setting forth the entire receipts and disbursements of all departments of the city. Said annual report shall be prepared and certified by a duly qualified public auditor employed by the Mayor and Council. Financial reports. Section 16. Be it further enacted that the Mayor and Council of the City of Dalton shall, within 90 days after the passage and ratification of this Act, name a City Manager, who shall be the chief executive officer and the head of administrative branch of the city government. The City Manager shall be chosen by the Mayor and Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the City of Dalton or the State of Georgia, but during his tenure of office he shall reside within the city. No person elected to membership on the Council, or as Mayor, shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed following the expiration of the term for which he was elected. City Manager. Section 17. The City Manager shall be appointed for an indefinite term but may be removed by a majority vote of the Mayor and Council. At least thirty days before such removal may become effective the Manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the Mayor and Council, stating the Mayor and Council's intention to remove him and the reasons therefor with reasonable particularity. The Manager may reply in writing to such resolution.

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If so requested by the Manager the council shall fix a time for a public hearing upon the qustion of his removal and the final resolution removing the Manager shall not be adopted until such public hearing has been had. Upon passage of a resolution stating the Mayor and Council's intention to remove the Manager, they may suspend him from duty, but his pay shall continue until his removal shall become effective as herein described. The action of the Mayor and Council in removing the Manager shall be final. In case of the absence of disability of the Manager the Mayor and Council may designate a qualified person to perform the duties of the Manager during such absence or disability. Should there be a vacancy in the office of City Manager, the Mayor and Council shall fill the vacancy within 90 days. His term; removal, hearing. Suspension. Section 18. The City Manager shall receive such compensation as may be prescribed by ordinance of the Mayor and Council. His compensation. Section 19. The City Manager must devote all of his working time and attention to the affairs of the city, and shall be responsible to the Mayor and Council for the efficient administration of all of the affairs of the city over which he has jurisdiction. The City Manager shall have power and it shall be his duty: Duties and powers. (1) To see that all laws and ordinances are enforced. (2) To appoint and employ all necessary employees of the city, including all police officers, marshals, firemen, and all other employees except those appointed or elected by the Mayor and Council, the Board of Education, and the Water, Light and Sinking Fund Commission. (3) To remove employees employed by him without the consent of the council and without assigning any reason therefor; Provided, nothing herein shall operate or confer upon the City Manager supervision and control over the City Board of Education, the Water, Light and Sinking Fund Commission, the trustees of the Public Library, or the Civil Service Commission. Provided further that any employee who has been continuously employed by the City for a period in excess of two years shall within thirty days after removal have the right to enter

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a written protest to his removal, whereupon the Civil Service Commission shall hold an impartial public hearing and report its findings and recommendations to the Mayor and Council, who shall make a final decision from which there shall be no appeal. (4) To exercise supervision and control of all departments and all divisions created in this charter, or that may hereafter be created by the Mayor and Council, except as otherwise provided in this Act. (5) To attend all meetings of the Mayor and Council with a right to take part in the discussions, but having no vote. The City Manager shall be entitled to notice of all special meetings. (6) To recommend to the Mayor and Council for adoption such measures as he may deem necessary or expedient. (7) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law, or by ordinance passed by the Mayor and Council, provided that no contract, purchase or obligation involving more than five hundred dollars ($500.00) shall be valid and binding until after approval of the Mayor and Council. (8) To act as chairman of the budget commission, which shall consist of the city manager, chairman of the Board of Education of the city, the chairman of the Water, Light, and Sinking Fund Commission, and such other persons, not exceeding two, as may be appointed by the Mayor and Council. Said budget commission shall prepare and submit to the Mayor and Council, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuring year, showing in such detail as practicable the amount allotted to each department of the city government and the reason for such estimated expenditures. (9) To keep the Mayor and Council at all times fully advised as to the financial condition and needs of the city. (10) To make a full written report to the Mayor and Council on the first of each month showing the operations and expenditures of each department of the city government under his direction for the preceding month.

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(11) To fix all salaries and compensation of city employees lawfully employed by him, subject, however, to the supervision, control, or disapproval by the Mayor and Council. (12) To perform such other duties as may be prescribed by this Act or required by ordinance or resolution of the Mayor and Council. (13) The City Manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under his control, as herein provided, and all contracts for printing shall be made, and he shall approve all vouchers for same; Provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of Five Hundred ($500.00) Dollars or more shall be approved by the Mayor and Council. In the capacity of purchasing agent he shall conduct all sales of personal property which the Mayor and Council may authorize to be sold, and which have become unnecessary or unfit for the city's use; all such sales shall conform to such regulations as the Mayor and Council may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred ($500.00) Dollars be involved, opportunity for competition shall be given. (14) The City Manager, before entering upon the discharge of his duties, shall give surety bond in the penal sum of at least Ten Thousand ($10,000.00) Dollars to be fixed and approved by the Mayor and Council (the premium of which shall be paid by the city), payable to the City of Dalton, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance, or non-feasance in the performance of his duties. Surety bond. Section 20. Neither the Mayor nor Council, nor any of its committees or members, shall direct or request the appointment of any person to, or his removal from, office by the City Manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees whom the City Manager is authorized to appoint or remove. Except for the purpose of inquiry,

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the Mayor and Council shall deal with such officers and employees solely through the manager, and neither the Mayor nor Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. His powers as to officers and employees. It is expressly provided that no provisions of an Act of the General Assembly of the State of Georgia, Georgia Laws 1945, Page 593, with reference to the Civil Service Commission is repealed, on the contrary all the provisions of said Act especially those dealing with the rights of the members of the police and the fire department are hereby retained. Act of 1945 not repealed. Police and fire departments. Section 21. The Mayor and Council of said city at their first meeting held during the year 1949, and biennially thereafter, shall elect some suitable and proper person clerk of said city who shall hold office for a term of two years and until his successor is qualified unless sooner removed by the Mayor and Council. The salary of said clerk shall be fixed by the Mayor and Council prior to his election and shall not be changed during his term. Said clerk shall hereafter be elected by the Mayor and Council instead of the qualified voters, and after the passage and ratification of this Act no election shall be held among the qualified voters for the election of a clerk of said city. City Clerk. Section 22. The clerk of said city upon failing to comply with any duty assigned to him by the Charter of said city, or any ordinance of the Mayor and Council, may be removed from office by the Mayor and Council of said city, and he shall also be subject to removal for any misconduct or malfeasance in office; and there shall be no appeal from the decision of the Mayor and Council upon any question of removal. Removal. Section 23. The clerk of Council shall make a surety company bond payable to the Mayor and Council and to be approved by them in a penal sum not less than Ten Thousand Dollars, conditioned upon his paying over to the City Depository all moneys collected by said clerk by virtue of his office, and for the faithful performance of all other duties imposed upon him as clerk by the laws or by ordinances of Council. The expense of said bond shall

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be paid by the city. No clerk of Council hereafter elected shall enter upon the duties of his office until such bond be made and approved and delivered to the Mayor and Council. And the said principal and sureties in said bond may be sued on said bond for any default in reference to the finances of the city made by the said clerk as soon as paid default shall be ascertained, and recovery can be had and enforced as upon other judgments rendered by the courts of this State. And if said officer shall fail to pay over any funds in his hands belonging to the city, according to law and the ordinances of the Council, he shall be guilty of a misdemeanor and punished therefor as prescribed by the Code of Georgia. Surety bond. City funds; violation. Section 24. The clerk of Council is authorized, and it is made his duty, to collect all license fees and property taxes due the city during his term of office. Clerk's duties; license fees, taxes. Section 25. In addition to collecting all moneys due the city, as provided in this Act, said clerk shall do and perform all other duties and services provided for in this charter, duties incident to his office as clerk, and such other duties and responsibilities as from time to time may be placed upon said clerk by the Mayor and Council of said city. Other duties. Section 26. The clerk of the city shall have an office as near the Council Chambers of the City as is practicable, and shall keep said office open and remain therein for the transaction of business during such hours of each day, Sunday excepted, as may be prescribed by the Mayor and Council, and shall not be absent therefrom during such prescribed hours, except for providential cause or by authority of the Mayor of the city. His office. Section 27. The Clerk of the city shall not retain in his hands any funds by him collected for said city for more than one week; but said clerk shall pay over to the City Depository any and all money collected by him for the city within one week from the date of collection, and upon failing to do so, shall be subject to removal at the discretion of the Mayor and Council. Duty as to funds. Section 28. The Office of City treasurer is hereby abolished, and in lieu of a treasurer the Mayor and Council

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of said city shall select some chartered bank or banks of said city as City Depository, in which shall be deposited all funds of the city as soon as collected, and upon which all warrants and vouchers of city funds shall be drawn. The bank or banks so selected shall be required to give a good and solvent bond, payable to the Mayor and Council of said city and their successors in office, which bond shall be approved by the Mayor and Council and shall be for an amount sufficiently ample to protect said city as may be fixed by the Mayor and Council. City Treasurer abolished. City Depository; bond. Section 29. The City Depository shall receive all moneys due the city from any and all sources, and pay the same out upon orders drawn by the clerk upon it, said orders being countersigned by the Mayor, or in his absence by the Mayor pro tem. The said city depository shall keep a book which shall, at all times, be subject to inspection by the Mayor and Council or any person holding an order upon it, which book shall show what amount of money remains in its hands, and from what sources received, and what moneys have been by it disbursed, and upon what account, and shall preserve all orders by it paid off as vouchers for disbursements, and it shall do and perform all other duties relative to the finance of the city, prescribed by ordinances of the Mayor and Council, and in the manner prescribed; provided, such ordinances are not inconsistent with the provisions of the charter. Depository's duties. Section 30. The Mayor and Council shall elect a city attorney, who shall act as legal advisor and attorney for the municipality and all its officers and departments in matters relating to their official duties, and in addition thereto shall perform all and such other duties as the Mayor and Council shall prescribe. City Attorney. Section 31. Be it further enacted, that it shall be the duty of the marshal of the said city, who shall be the police chief, to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on in accordance with the laws governing sheriff's sales in this state. Marshal; executions, sales. Section 32. The City of Dalton is authorized and empowered to employ a building inspector, who shall be

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designated by the city manager, with authority to examine and condemn any building, shed, awning, or other structure in said city. In the event it appears that such structure is a menace to the health or safety of inmates, neighbors, or the public, the building inspector shall have the right to take into consideration the sanitation, ventilation, combustibility and location of said building, shed, awning, etc., in forming his opinion as to whether or not such structure is a menace. In the event such building or structure should be deemed a menace to the neighborhood or city, it shall be the duty of the building inspector to condemn such building or structure, and require the owner thereof to either repair such building in the manner required by the inspector, or remove same altogether. Such condemnation of buildings or structures shall be after notice has been served upon the owner or tenant of such building or structure, the form and time of the notice to be given to be controlled by such ordinances as may now be in effect or as may be hereafter passed by the Mayor and Council. Building Inspector. Powers. Condemnation of buildings. Section 33. The Recorder and Recorder's court of the City of Dalton, the term of office of the Recorder, his jurisdiction, powers, qualifications, and duties are hereby expressly preserved, and the method of selection and removal of said Recorder shall in nowise be affected by the passage and approval of this act. It is provided, however, that the qualifications of a candidate for Recorder shall be the same as those of a candidate for Mayor under this Charter. Recorder, Recorder's Court. Section 34. The Board of Education of the City of Dalton and the Board of Water, Light and Sinking Fund Commissioners, the terms of office of their various members their jurisdictions, powers and duties, are hereby expressly preserved, and qualifications of said boards and their methods of election or selection shall in nowise be affected by the passage and approval of this Act. It is provided, however, that the limitation upon the power of the Board of Trustees or Board of Education to establish grades for pupils in public schools not to exceed ten grades in number, as provided in the Acts of 1908,

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Pages 577 and 578, is hereby repealed and annulled, and hereafter said Board shall have the power to establish such number of grades for pupils in the public schools of Dalton as it may determine for the best interests of the City. It is further provided, that, notwithstanding any prior law, said Board shall not be required to furnish educational facilities to pupils not residing within the City of Dalton, but it may do so upon such terms and conditions as may be prescribed by said Board. Boards and Commissioners not affected by Act. Exceptions as to public schools. Section 35. Be it further enacted by the authority aforesaid, that the Mayor and Council of said city shall have power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city and to prescribe punishments for the violation of the same, in a fine not exceeding Fifty ($50.00) Dollars or imprisonment in the guard house, city prison or other public works, not to exceed thirty (30) days, and either one or both of said punishments may be prescribed, or the fine may be imposed with an alternative of said imprisonment or compulsory labor. Said Mayor and Council shall have power to erect and maintain suitable guard houses, city prisons, or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. Mayor and Council; powers as to ordinances, resolutions, punishment. (1) All ordinances before they shall pass shall be read twice and each reading had at separate meetings, regular or special or separate days, and the first reading shall be at a regular meeting of the Mayor and Council; provided, that both readings of said ordinances may be had at the first meeting upon unanimous consent of the Mayor and Council to that effect; provided, further that ordinances or resolutions adversely affecting vested rights, or appropriating or involving expenditures of money, for purposes other than ordinary current expenses shall be read twice as above provided, and the rule shall not be suspended. Ordinances, resolutions. Procedure in passing. (2) All ordinances and resolutions shall be signed by the Mayor or the officer presiding at the time of their passage and countersigned by the city clerk. Signature.

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(3) All ordinances and resolutions shall be in writing and have endorsed thereon the name of the Councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the City Clerk a regular ordinance and resolution book, in which only ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the Mayor or acting Mayor or the officers presiding at the time of the passage of the same, and countersigned by the City Clerk under the seal of the city; provided that nothing herein contained shall operate to prevent said Mayor and Council from adopting rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; and provided, further, that nothing contained in this and previous paragraphs shall affect in any manner any existing valid ordinance of said city. Form. Other procedure. Book. Section 36. Be it further enacted by the authority aforesaid, that said Mayor and Council shall have the power and authority to adopt, maintain, and declare of force a code of ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the Mayor and Council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said Mayor and Council see fit to include therein. And said code shall be subject to amendment or repeal, in whole or in part, at any time; provided, that in adopting a code it shall not be necessary to read the same twice, or record same nor the ordinances, resolutions and rules therein as in this charter in the previous section providing for the passage and adoption of ordinances and resolutions which said section shall not apply to said code; provided further, that nothing in this section contained shall render said previous section inoperative relative to ordinances and resolutions adopted subsequent to, or amending said Code. City Code. Section 37. The Dalton Charter Amendment embodied in the Acts of the General Assembly of 1939, Pages 965 to 967 inclusive, authorizing the City of Dalton to pass and

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enforce zoning and planning laws, is hereby expressly preserved, insofar as it relates to zoning and planning, and the same shall in nowise be affected by the passage and approval of this act. Zoning and planning laws; authority preserved. Section 38. The Mayor and Council shall have authority to establish, continue, and maintain a board of health, exclusively or jointly with Whitfield County, and shall have authority to adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the law and Constitution of this State or of the United States, as they may deem necessary and proper for protecting the health of said city, and from the introduction, generation, and spread, or infectious and contagious diseases therein. Said Mayor and Council shall have authority to delegate to the Board of Health of said city or to the health officer or officers thereof, the right to adopt and promulgate all such rules as are provided for in this section, and when so adopted and promulgated they shall have force and effect as if adopted, enacted and established by the Mayor and Council, until otherwise provided by ordinance. Said Mayor and Council shall have authority to fix the term of office and the compensation of the member or members of the Board of Health or the health officer or officers, and to confer upon them power and duties, not inconsistent with the laws of the State, as the Mayor and Council may think best. Provided, that, unless otherwise provided by ordinance, the Board of Health or health officer or officers, provided for in this section, shall have all the powers and duties within the City of Dalton as is conferred by the laws of the State upon the boards of health of the several counties of the State; and the right to visit every portion of the city, and to report to the Mayor and Council all nuisances which are likely to endanger the health of the said city or any inhabitant. Said Mayor and Council shall have power, upon report of the said Board of Health, to cause such nuisance to be abated, and the recommendations 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 owner of the property upon which the same may be located, as the Mayor and Council may elect, and

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execution may issue agrainst said party to collect the expenses of removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of Health, health officers. Nuisances. Section 39. The Mayor and Council shall have authority to enact any and all ordinances, rules and regulations necessary for fire protection of the city; to lay out a fire district in said City of Dalton, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed; to prohibit the use of combustible materials for covering buildings; to change all things that they may deem necessary to protect said city so far as possible from danger from fire, and prevent conflagration. They also shall have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes, or flues, or the removal thereof, when in their judgment the same is dangerous, or likely to be so, and make the owner or occupant of the premises pay the expenses of the change, as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building or structure which is not in accordance with the laws or regulations of said city, said Mayor and Council may order said building or structure removed, and if said person, firm or corporation shall not remove building or structure after notice to do so, then said Mayor and Council shall have power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire protection. Section 40. Be it further enacted that the Mayor and Council shall have the power and authority to protect all places of divine worship and cemeteries of said city, and to provide one or more cemeteries for the burial of the dead, either within or without said city; to regulate interments therein, and to expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. They shall have power and authority to prescribe reasonable regulations as to the kind and character of improvements placed on or around cemetery lots, and to protect

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any and all monuments, tombstones, curbing or other improvements from damage by falling trees, or other cause, and may remove any tree or other object near any lot in the cemetery, that may cause such damage. Places of divine worship, cemeteries, etc. Section 41. Be it further enacted, that the Mayor and Council shall have full and complete control of and authority over the streets, alleys, parks, playgrounds, and sidewalks of the city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets, sidewalks, parks, playgrounds, and alleys, and for widening, straightening, or otherwise changing the streets, sidewalks, parks, playgrounds or alleys, and grading the streets, sidewalks, parks, playgrounds, and alleys of the city; and whenever the Mayor and Council shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands or control of the owner, trustee, executor, administrator, agent, guardian, or other person, in the manner provided by Sections 36-301 et seq., Code of Georgia 1933, and the amendments thereto. Streets, alleys, sidewalks, parks, playgrounds. Power to condemn land. Section 42. The street improvement Act of the City of Dalton embodied in the Acts of the General Assembly of 1923, Pages 593 to 604 inclusive, is hereby expressly preserved and the same shall in nowise be affected by the passage and approval of this act. Street Improvement Act preserved. Section 43. The Mayor and Council of the City of Dalton shall have the power to grade, construct and pave any or all sidewalks within the incorporate limits of the City of Dalton at any time when in their judgment they deem it best and may so declare by ordinance or resolution of said Mayor and Council of the City of Dalton, and they shall have the power to determine what material is best and most suitable and is to be used in making the improvements to the sidewalks aforesaid. Sidewalk improvements. Section 44. The Mayor and Council shall have power to assess the entire cost of so improving the sidewalks, including curbstones, against the owners of the property immediately abutting upon said sidewalks so constructed or improved according to the frontage of the property so owned and abutting upon the improved sidewalk. Assessment of cost.

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Section 45. The amount of assessment on each piece of real estate, as herein provided for, shall be a lien upon such real estate from the date of the commencement of such work. Lien. Section 46. Said Mayor and Council of the City of Dalton shall have the further power to enforce the collection of the cost of so improving or building sidewalks by the issuance of executions to be signed by the Clerk, bearing test in the name of the Mayor and which shall be levied upon the abutting property by the City Marshal and sold as in case of the collection of city taxes and in the same manner as is provided for the collection of street improvement assessments, except said execution shall never be levied upon the improved sidewalk. And the City Marshal shall convey the property so sold to the highest bidder by deed, and such sale shall vest the title absolutely in such purchaser, the proceeds of such sale to be applied in payment of the amount due on such execution and the costs of sale, the residue, if any, to be paid over to the owner of said property so sold. Provided, if there should be contesting claims to such residue, by lien or otherwise, said residue to be held by City Marshal and paid out on order of the Superior Court of Whitfield County upon proper issues made therein, as in other cases of distribution of moneys held by collecting officers, the lien of the assessment to take precedence over all other liens or claims whatsoever, and to be first paid out of the proceeds of such sale. It is provided further, that the right of redemption of property sold under the provisions of this section as provided in Chapter 92 of the Civil Code of Georgia of 1933 shall be preserved. Executions; levy, sale, title, proceeds. Redemption. Section 47. The defendant in such execution shall have the right to file an affidavit, denying the whole or any part of the amount of such execution is due, and stating what amount he admits to be due, which amount admitted to be due shall be paid before the affidavit is received for the balance, and all such affidavits so received shall be returned to the Superior Court of Whitfield County, and tried and the issue determined as in cases of illegality, subject to the penalties prescribed in illegalities for delay. Affidavit, defendant in execution. Trial. Section 48. In addition to the power and method provided

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herein for grading, constructing, and paving sidewalks within the corporate limits of the City of Dalton, the Mayor and Council shall also have the full power and authority, in the alternative, to establish, grade, construct and pave sidewalks, under the same provisions as assessments and executions for paving, grading or improving streets under this Act for paving streets. And all provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply insofar as they are applicable to constructing and maintaining sidewalks, and may be enforced by the Mayor and Council by appropriate ordinances. Other authority as to sidewalks. Section 49. Be it further enacted, that the Mayor and Council of said City shall have full power and authority to establish, construct, and maintain, or permit any person, company or corporation to construct and maintain one or more systems of sewage and drainage, or parts of such systems, in said city, and around said city, for the health, cleanliness and comfort of its inhabitants; and the said Mayor and Council shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewers, water-closets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require change in, or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewage or drainage shall be constructed by the said Mayor and Council, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. All the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply insofar as they are applicable to constructing and maintaining sewers, and may

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be enforced by the Mayor and Council by appropriate ordinances. Sewage and drainage. Sanitation. Assessments for expense. Collection. Section 50. In case any sewer or sewers, or parts of same, shall be located upon, or through, private property, and the owners of said property refuse to grant a right of way for that purpose, and such owner 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 case 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 any appeal. Taking of private property. Work may proceed during appeal. Section 51. For the purpose of the preservation of the health of the inhabitants of said city, the Mayor and Council is empowered to extend the systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems 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 systems. Extension of sewerage or drainage beyond [Illegible Text] limits. Section 52. The City of Dalton shall have power to condemn lands, right-of-way for sewerage, easements or rights to use streams for sewerage, or property of any kind for any public purpose authorized under the Acts incorporating said city, either within or without the city, using the method of procedure pointed out under the general laws of this State in such cases made and provided; and said city is hereby vested with the power of eminent domain for said purposes. Eminent domain; City's powers. Section 53. The Mayor and Council of said city may provide by ordinance for the execution of the provisions of these sections regarding sewers, drainage, and sanitation. Ordinances to execute sanitation sections. Section 54. Be it further enacted, that the taxing power of the City of Dalton, except as herein limited, shall be as general, complete, and full as that of the State itself; and said taxes, ad valorem, license, or occupation, shall constitute a lien upon all the property of the taxpayer or the person liable and to take rank and to be enforced as provided by the law for city taxes. Taxes. Section 55. Be it further enacted that for the purpose

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of raising revenue for the support and maintenance of the city government, the Mayor and Council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on all real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent, upon the value of said property for ordinary current expenses; and for the establishment, maintenance and support of the public schools the Mayor and Council shall, upon a recommendation by a two-thirds vote of all members of the Board of Education of said city, levy and collect annually, an ad valorem tax not to exceed twelve mills on all taxable property of said city; provided, that the money so collected shall be used only for school purposes, as herein provided, and the Mayor and Council shall pay over said money so collected, and as soon as collected, to the treasurer of the Board of Education of the City of Dalton. Ad valorem tax. Public school purposes. Use of such money. Section 56. Be it further enacted that any and all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city, on the first day of January of each year, after the passage and ratification of this Act, shall return the same for taxation, under oath, at any time before April 1, to the clerk of said city, or other officer authorized to receive tax returns for said city. The Mayor and Council of said city shall cause to be prepared a blank form or schedule for the return of all taxable property, with appropriate blanks and lines for property of every description, subject to taxation under the laws of this State; and each taxpayer and property owner of said city shall fill out said schedule; entering thereon all the property owned or held in any capacity of said taxpayer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, and stock of all kinds, not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stock, bonds, and other investments and securities held by each taxpayer in said city, in his own right or as agent, trustee, guardian, executor or administrator, on the first day of January of each

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year, shall be returned, whether solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, stocks and bonds, and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom said returns are made, or before some officer of this State qualified to administer an oath, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me in any capacity whatsoever on the first day of January of the present year, subject to the taxation in the City of Dalton, including money on hand, notes, accounts, mortgages, choses in action, stocks, bonds, and other investments and securities, so help me God. Said tax returns shall, by the city clerk or other officer receiving them, be delivered, or caused to be delivered, to the city tax assessors hereinafter provided for, when they meet to make their assessment. Provided, however, that the Mayor and Council may by ordinance differentially classify and fix a lower per cent of the valuation for the taxation of goods, money, notes, accounts, mortgages, choses in action, stocks, bonds, and other intangible property than for other real and personal property; provided further that: These shall be exempt from taxation the first $300.00 of valuation of all wearing apparel, household and kitchen furniture of each householder. Tax returns. Oath. Tax exemption. Section 57. Be it further enacted that the board of tax assessors of said city, as herein provided for, shall consist of three intelligent, upright, discreet citizens of said city, who shall be chosen by the Mayor and Council, the term of each tax assessor to be for a period of three years. The present tax assessors of the City of Dalton shall continue in office as tax assessors of the City of Dalton under this Charter until the expiration of the term for which they were appointed and until their successors are named and qualified. At the first meeting of the Council in the year 1948, the Mayor and Council shall elect one tax assessor for a term of three years, one tax assessor for a term of two years, and one tax assessor for a term of one year. Yearly thereafter, at the first regular meeting in January,

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the Mayor and Council shall elect a city tax assessor for the term of three years. In case of a vacancy on said Board, said Council may cause said vacancy to be filled by election by the Mayor and Council at any time. In case said election for such assessor or assessors does not occur at the prescribed time, said Mayor and Council may elect said assessors at any time subsequent to said time. Said city tax assessors may at any time be removed from office by the Mayor and Council for any good and sufficient cause, to be judged of by said Mayor and Council. It shall be the duty of said tax assessors to assess the value of the real estate and personal property in said city for the purposes of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the value of the real estate or personal property, when, in their judgment, the value placed thereon by the taxpayer is too small. The Mayor and Council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them; provided, that the Mayor and Council may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a time and place for hearing objections to their assessments, and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served personally on said taxpayer by the marshal or policemen of said city, or mailed to said person to his last known address, without postage prepaid. Said Mayor and Council shall have power and authority to provide, by ordinance, for assessing all property, both real and personal, not returned for taxation, and for adding to the tax a penalty not to exceed twenty-five per cent. The city tax assessors shall take such oath and receive such pay as the Mayor and Council may prescribe. Said city tax assessors shall have power to require any taxpayer to furnish them an inventory or list of all goods, notes, accounts, mortgages, stocks,

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bonds and other securities, investments, and intangibles, when, in their opinion, their production is necessary for a correct assessment; the Mayor and Council may prescribe penalties for such person so refusing to furnish such list when so required by the said tax assessors, said punishment not to exceed fifty days in the guardhouse, or work on the city streets, or a fine of two hundred ($200.00) Dollars; and one or all of these may be assessed against such offenders. Tax assessors. Duties. Rules. Procedure. Added penalty. Oath. Penalties. Section 58. Be it further enacted, that the Mayor and Council of said city shall have full power and authority to require any person, firm, company or corporation engaged in or carrying on, or who may engage in or carry on, prosecute or have any trade, business, calling, vacation, or avocation, within the corporate limits of said city, to register their names and business, calling, vocation, or avocation, before beginning or carrying on said business, calling, vocation, or avocation, and require such person, firm, company or corporation to pay such fee for said registration as said Mayor and Council may prescribe. Said Mayor and Council shall have the right and power to prescribe, by ordinance, such penalty or penalties for the violation of this section as they may see proper, not exceeding the punishment as prescribed elsewhere in this Charter. Registration of business or calling; fee. Penalties. Section 59. Be it further enacted, that said Mayor and Council shall have the power to classify and arrange the various business, trades, callings, vocation and avocations carried on in said city into such classes for taxations as they may see fit. The said Mayor and Council may, if they see fit, collect the amount that may be due said city for special licenses or special taxes in the same manner as other taxes are collected; this in addition to assessing the penalty elsewhere prescribed in this Charter. Classification of businesses, etc. Collection for special licenses or taxes. Section 60. Be it further enacted, that the Mayor and Council shall have full power and authority to license or refuse to license billiard tables, tenpin alleys, and all like contrivances, and pool tables kept and used in said city. Billiard tables, tenpin alleys, pool tables. Section 61. Be it further enacted, that the Mayor and Council shall have full power and authority to pass such

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ordinances as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions, and prescribe what amounts shall be paid for such licenses. Theatrical performances, shows. Section 62. Be it further enacted, that in all cases where the Mayor and Council shall be authorized under this Act or under the law of Georgia to license or not to license any particular business under its police power and within their discretion, they shall be authorized to levy a sales, admissions, use or other tax upon such business, either in lieu of or in addition to a license tax. Licenses under police power; taxes. Section 63. It is hereby expressly provided that the said City of Dalton shall have the power of eminent domain for any and all purposes over property that is either private or is being used for public purposes and any department of the city government may exercise said power in the name of the city. It being expressly provided that the city of Dalton may exercise the right of eminent domain for any and all purposes over property now being or which may hereafter be used for public purposes. Eminent domain. Section 64. The Clerk of said city shall open his books for registration to the voters of said city at all times, provided that no voter shall be eligible to vote who shall not have been registered 60 days prior to any regular election or 10 days prior to any special election. The City Clerk shall procure a book in which he shall enter the names of all voters who register, which book shall at all times be open to the inspection of the public. He shall also procure blanks containing the oath to be subscribed by persons entitled to register which shall be as follows: Registration. Book. I do swear, or affirm, that I am a citizen of the United States; that I am at least 18 years of age, or will be on the.....day of.....of this calendar year; that I have resided in this State for one year; and in this County for six months immediately preceding the date of this oath, or will have so resided on the.....day of.....of this calendar year; that I possess the qualifications of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any

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offense committed against the laws of the State. I further swear that I have resided in the city of Dalton for three months immediately preceding the date of this oath, or will have so resided on the second Wednesday of December. I have resided in the..... Ward of said city for two months, or will have so resided in said ward the greater portion of said time on the second Wednesday in December. The blank shall be filled out and subscribed and sworn to before the city Clerk, who is empowered to administer and attest the oath. Voter's oath. Section 65. It shall be the duty of the City Clerk to deliver said book of registrations and oaths from which same is compiled to the registrars in due time for the performance of their duties in revising same as hereinafter enumerated; and said registrars shall redeliver same to the Clerk after the completion of their work. Clerk's and Registrars' duties as to book. Section 66. At the city elections all citizens of said city who have resided within the corporate limits for three months immediately before the election, and who may be entitled to vote for members of the General Assembly of this State, and who shall have been registered by the City Clerk, and whose names appear on the registration lists as revised by the registrars for said election, both as hereinafter prescribed, shall be eligible to vote at said election. Elections. Persons qualified to vote. Section 67. Any person who shall register illegally under the provisions of this Charter shall be guilty of a misdemeanor, and be punished as provided by the Penal Code of the State of Georgia for such offenses, and should any City Clerk or registrar wilfully refuse to allow anyone to register when said person is lawfully entitled to do so, or should illegally and wilfully erase any name from said list, then such clerk or registrar shall be guilty of a misdemeanor, and be punished as such. Violations. Section 68. At the first regular meeting after the passage and ratification of this Act, and at the first meeting after January 1, of each year thereafter, the Mayor and Council shall elect by ballot five (5) registrars for said city, consisting of a chairman from the city at large and one member from each ward in the city. It shall be the duty of said registrars to supervise the registration of voters of said city. The registrars shall be upright and intelligent

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freeholders of said city, who are entitled to register and vote in the next ensuing city election, and shall be non-partisan as far as possible. No registrar shall be a candidate for Mayor or Councilman or for any office under them during his term of office. Registrars. Section 69. Before entering upon the performance of their duties, the registrars shall take the following oath of office: Their oath. I do solemnly swear that I will faithfully and impartially perform the duties imposed by law upon me as registrar to the best of my ability and without favor to anyone. Which oath shall be subscribed and sworn to and shall be filed with the Clerk of the Council and entered upon his minutes. Section 70. It shall be the duty of the registrars to hear complaints of any one who has been refused registration, and to hear complaints as to those who have illegally registered, and said registrars shall hear evidence and determine whether said registration was wrongfully refused, or was illegally allowed, and shall cause to be stricken registrations which are held to be illegal, and shall allow the registration of persons who have applied in due time and been wrongfully refused the right of registration. All sessions and hearings by said registrars shall be held in public in the regular council chamber where meetings of the Mayor and Council are regularly held. Said registrars may, on their own motion, review the list of qualified voters as turned over to them by the City Clerk as hereinbefore provided for, and may revise same by striking therefrom names illegally registered, so as to leave no one on said list who is not entitled to register. No person residing within the city shall be stricken from the list by the registrars on their own motion or on complaint of any one except after due hearing as herein provided, after five days notice to the persons who it is claimed is illegally registered, which notice shall be sufficient where mailed, properly stamped, to the last known address of such person. Duties. Hearings, procedure. Registration list. Section 71. When the registration list has been revised

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by the registrars, they shall carefully and plainly make or cause to be made nine alphabetical lists exactly the same, and shall certify to the correctness of such lists, and dates, and sign each. One copy shall be kept by the City Clerk for the inspection of all parties, and the others shall be securely sealed, marked and signed on the outside, and shall be kept by the City Clerk in a secure place until the morning of the ensuing election day, when they shall be delivered to the election managers for use at the polls. Revised lists. Section 72. Any qualified voter of the City of Dalton who desires to become a candidate for any elective office in said city shall qualify with the Mayor at least 15 days prior to a regular election and ten days prior to a special election. The prospective candidate shall sign in the presence of the Mayor a notice of his candidacy as follows: Candidates. I,....., a resident of the.....Ward and a registered voter of the City of Dalton, am a candidate for the office of....., in the city election to be held on...... Notice of candidacy. Section 73. All city elections shall be held by registered and qualified voters of the City of Dalton named by the Mayor as election managers. The mayor shall name, from the list of voters certified by the Board of Registrars for the election to be held, three election managers for each polling place, and each of said managers before entering on his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: Election Managers. We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God. Oath. Section 74. The polls at all city elections shall open at seven A. M. and close at six P. M., standard time. The persons receiving the highest number of votes for the respective offices shall be declared elected. Should election fail by reason of a tie vote, another election shall be held within ten days, at which election only the candidates tieing shall be eligible as candidates. Election managers

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shall certify two lists of voters and two tally sheets, and shall place one list of said voters and one of said tally sheets in the ballot box, together with the ballots cast at said election, and seal the same, and shall forthwith deliver the same to the Ordinary of Whitfield County. The other tally sheet and list of voters, together with certificate showing the results of said election, signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the Clerk of said city, who shall safely keep the same, and at the first regular meeting of the Mayor and Council occurring three days after said election, deliver said package to said Mayor and Council, who shall open the same and declare the results, if no notice of contest has been given. If notice of contest has been given, then all other proceedings shall be postponed until the contest shall have been decided. If the result of any election held in said city is contested, notice of such contest shall be filed with the Ordinary of Whitfield County within three days after said election, setting forth all the grounds of contest, and upon the payment of a fee of ten dollars in advance to said ordinary, the said ordinary shall, within two days after he receives the same, cause a copy of said notice to be served by the sheriff of said county, or his deputy, on the contestee, if said contest is for an office, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the Mayor of the City, and published one time in the official organ of said city, or if there be no official organ, then the notice to be published one time in a newspaper published in said city. Said ordinary shall fix the time of hearing the contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff or his deputy two dollars in advance for serving notice of contest. All contests shall be heard at the courthouse of Whitfield County. Said ordinary is authorized to hear and determine contests, and the losing party shall pay all costs, for which said ordinary is authorized to give judgment and issue execution. Polls, elections, procedure. Contests. Section 75. When a vacancy in the office of Mayor occurs

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the Council shall within 30 days order a special election, and when a vacancy in any other elective office occurs the Mayor shall within 30 days order an election. Such special elections shall be held under the same regulations as are provided for regular elections, except that notice thereof shall be posted in one newspaper for at least ten days before the date of the election. Provided however, that if a vacancy occurs within 120 days of the time for the regular City election, such vacancy may be filled at such regular election in lieu of a special election. In the event of the death or incapacity of a successful candidate for elective office in the City of Dalton before he shall have qualified for the office for which he was duly elected, the Mayor shall order a special election to be held within 30 days after the expiration of the term of office of the officer who would have been succeeded by the deceased or incapacitated successful candidate. Vacancies; special elections. Section 76. In all city elections as at present fixed by law and as herein fixed, each voter shall cast his ballot at a polling place provided in his own ward, and all restrictions and safeguards now thrown by law around the holding of elections in said city shall continue to exist; and it is further enacted that in providing polling places in said wards, such polling places shall not be located within less than two hundred yards of each other. Where any person resides on the line between two wards, he shall be allowed to select the ward in which he votes, and he shall not change such selection without consent of the registrars. Voting. Rules. Section 77. It shall be unlawful for any person to loiter or remain within fifty feet of any polling place where an election is being held for officers of said city, excepting election clerks, managers, State, county or municipal officers called in by the election managers to preserve order, and persons passing along the street on legitimate business. Loitering near polling places. Section 78. Any person who shall vote more than once at any city election, or contrary to the provisions of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the common jail of Whitfield County for a period not exceeding six months. Election violations.

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Section 79. Before entering upon the duties of any city office, the person elected thereto shall take and subscribe the following oath: Oath of elected officers. I,....., do solemnly swear that I will, to the best of my ability, discharge the duties of.....for the City of Dalton, during my continuance in office, so help me God. Any person authorized by law, or the acting Mayor of said city, may administer said oath. Section 80. The Mayor and Council of the City of Dalton is hereby authorized to pass and adopt all proper laws and ordinances to raise, establish and administer funds for the pensions of each and all of the officers, agents and employees of said City, past and present, including school teachers who have served in the city school system for a period of 25 years and for whom there is at present no adequate pension plan, but excluding school teachers for whom the State has adopted an adequate pension plan. Said plan shall be adopted and put into effect within twelve months from the passage of this Act. The pension plan shall not include present or future school teachers of the City of Dalton unless State and/or Federal Pension plans for such teachers are not equal in benefit to the plan for other city employees covered by the pension plan to be adopted, and in such event the Mayor and Council may, upon the recommendation of the Board of Trustees adopt a modified pension plan so as to give them benefits equal to those enjoyed by other employees of the City of Dalton. Pensions. Section 81. The Mayor and Council shall also be authorized to adopt plans of group insurance for all employees of the City who are in active service at the time of the ratification of this Act and who may later become employees of the City of Dalton. Group insurance. Section 82. The Mayor and Council shall be authorized to withhold from the salaries of all employees in all departments from and after the passage of this Act 5% of their salaries and apply said amounts for the sole uses of the pension and/or group insurance plan. School teachers may be included in any group insurance plan that may

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be adopted by the Mayor and Council upon recommendation by the Board of Trustees of the Dalton Public Schools. Deductions for pension and insurance plans. Section 83. The plan and purpose of this Act is to furnish pensions to aged employees of the City of Dalton, Georgia, who are now or may be in the future service of said city, as well as aged former employees of the City of Dalton who are not now in the service of said city, but who have rendered at least 25 years of service in the employment of the City of Dalton, and who have reached the age of 65, and the dependents of such past, present or future employees; and the City of Dalton, to accomplish the general purposes of this act is authorized and empowered to levy a tax on all of the taxable property of said city, ad valorem, not to exceed but to equal all revenue and/or contributions raised or received from all city employees, and the City of Dalton may also use other available funds to equal or match, but not to exceed said contributions from said employees to be known as a Special Pension and Insurance Fund. With respect to former employees of the City of Dalton who have served at least 25 years in the employment of the city and have reached the age of 65 years, the city may levy a tax and also use other available funds to pay such former employees not in excess of 50% of that amount which they would receive were they presently employed and had served 25 years under this pension plan and had reached the age of retirement. Present employees who have rendered the minimum years of service and reached the minimum age prescribed for former employment shall have the same rights as prescribed for former employees and in addition thereto shall receive such additional apportioned sums as they may be entitled to receive as a result of their contributions to the fund. Purpose as to pensions. Persons included. City's powers. Benefits. Section 84. When any employee has served the City of Dalton in any capacity for at least 25 years and has reached the age of 65, and who has not taken a pension, but has remained in active service, dies, his widow and/or his or her minor children may receive a pension until such widow remarries and/or until all of his or her minor children shall have reached the age of 17 years. Benefits at death. Section 85. The Mayor and Council shall be authorized and empowered but not required to provide by ordinance,

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under the terms of this charter, for pensions to any officer, agent or employee of the City who received an injury in line of duty and within the scope of his employment with said city, and by reason thereof is permanently disabled to the extent of 50% or more. Permanent disability in line of duty. Section 86. When any employee of the City of Dalton shall retire as a matter of right he shall be paid not to exceed one-half of the salary he was receiving at the time of his retirement, for the rest of his life to be paid monthly, and in case of death of a pensioner, his widow and/or his or her minor children may draw such pension under such rules, regulations and ordinances as may be adopted applicable to such plan. Benefits at retirement. Section 87. Be it further enacted that the Civil Service Commission of the City of Dalton established by the Acts of the Legislature of 1945, Page 593, shall be retained for the purpose of managing the funds which shall be accumulated and paid out under the provisions of this Act. It shall be the duty of the three Commissioners now serving under said Act to continue service under this Act and their terms of service and manner of selection shall be the same as that provided in said Act of 1945. They shall have authority to make recommendations to the Mayor and Council as to the details of the plan to be put into effect; and they shall have such additional duty and authority as may be conferred upon them by this Charter or by ordinances of the Mayor and Council. Said Civil Service Commission shall be authorized and empowered to invest any funds that should not be needed for immediate use in United States, Georgia, County, School District, or municipal bonds within the State of Georgia, including the City of Dalton, but not otherwise. None of the funds herein mentioned shall be subject to attachment, garnishment, or judgment from any court; nor shall they be assignable, nor shall payments be made in a lump sum to any beneficiary, except as provided in this Act. The Mayor and Council shall be authorized and empowered to give retroactive effect to such pension plan as it may adopt so that the effective date of the provisions of the Act of 1939, Pages 593 to 600 inclusive with respect to pensions

Page 912

in the Fire and Police Departments of the City of Dalton may be retained as to such employees. Civil Service Commission retained for service under this Act. Powers and duties. Funds. Retroactive effect. Pensions, Fire and Police Departments. Section 88. Be it further enacted that any person who has contributed to the pension fund who ceases to be an employe for any reason, may withdraw from the pension fund only the principal amount contributed to the fund by him, without interest. In the event of death of an employee who has contributed to the pension fund, the principal sum so contributed by such employee shall be paid to the lawful heirs of the deceased, provided that no heir or dependent of the deceased is eligible for pension under the pension plan. End of employment; withdrawal from fund; after death. Section 89. Be it further enacted by the Authority aforesaid that before the provision of this Act shall go into effect the same shall be ratified by the qualified voters of the City of Dalton at a Special Election to be held not less than thirty days nor more than ninety days from the date of the approval of this Act. Said election to be held under the same rules, regulations and requirements as now exists for the holding of special city elections. In voting on the ratification of this Act as herein provided, those who were registered and qualified voters in the city election of 1946 for the choice of councilmen under the present city charter shall be deemed registered and qualified voters for said Special Election, unless disqualified by residence requirements, and they shall not be required to register again in order to vote in said election. Those who did not register and qualify for said election in 1946 shall be permitted to register and qualify for said Special Election after the manner and method now provided in the present charter City of Dalton for registration in Special Elections. It shall be mandatory on the Mayor and Council of the City of Dalton to call said election within the time above specified, and they shall furnish to the voters ballots that shall have printed thereon FOR RATIFICATION OF THE ACT TO ESTABLISH A MAYOR AND COUNCIL, CITY MANAGER FORM OF GOVERNMENT, AND AGAINST RATIFICATION OF THE ACT ESTABLISHING A MAYOR AND COUNCIL, CITY MANAGER FORM OF GOVERNMENT. If a majority of those voting in said election shall vote for ratification, this Act

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shall take effect not later than the first day of January, 1948. The returns of said election, after the Managers have consolidated the same, shall be made to the Mayor and Council of the City of Dalton who shall declare the results of said election, and who may make the same effective immediately by the adoption of a resolution so declaring. Referendum. Section 90. Be it further enacted by the Authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1947. DODGE COUNTY TAX COMMISSIONER RELIEVED FROM DUTY OF VISITING DISTRICTS. No. 242 (House Bill No. 270). An Act to amend Section 2 of an Act approved March 24, 1933, Georgia Laws 1933, pp. 506-509, being an Act to consolidate the offices and duties of tax receiver and tax collector of the County of Dodge and to create the office of county tax commissioner for said county by adding a new sentence at the end of Section 2 to read as follows: Provided, however, the tax commissioner of Dodge County shall not be required to make rounds or visits to the different districts of the county for the purpose of receiving tax returns and for collecting tax. The tax commissioner shall keep his office at the courthouse in said county.; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 2 of an Act approved March 24, 1933, Georgia laws 1933, pp. 506-509, being an Act to consolidate the offices and duties of the tax receiver and tax collector in the County of Dodge and to create the office of county tax commissioner for said county be and the same is hereby amended by adding at the end of Section 2 a new sentence to provide as follows: Provided, however, the tax commissioner of Dodge County shall not be required to make rounds or visits to the different districts of the county

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for the purpose of receiving tax returns and for collecting tax. The tax commissioner shall keep his office at the courthouse in said county., so that said Section 2 when so amended shall read as follows: Sec. 2, act of 1933, amended. To read. Section 2. Be it further enacted by the authority aforesaid, that the office of tax commissioner for Dodge County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities now or that may hereafter be inherent in the office of tax collectors and tax receivers of this State, in so far as the same may be applicable. Provided, however, the tax commissioner of Dodge County shall not be required to make rounds or visits to the different districts of the county for the purpose of receiving tax returns and for collecting tax. The tax commissioner shall keep his office at the courthouse in said county. Tax Commissioner; rights, duties. Relieved from visiting districts. Office. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. CLINCH COUNTY COMMISSIONERSELECTION OF CHAIRMAN. No. 243 (House Bill No. 275). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Clinch; to provide their duties, powers; and for other purposes, approved March 9, 1933, Georgia Laws 1933, page 456, and acts amendatory thereof, by striking Section 8 of the Act approved March 9, 1933 in its entirety, and by inserting in lieu thereof the following: Be it further enacted that candidates when qualifying to run for the office of Commissioner shall announce at that time whether or not they desire to be elected chairman of the Board of Commissioners. The election authorities will provide on the ballot an appropriate space for the election of the chairman of the Board of Commissioners, and the names of all candidates for

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the office of chairman shall be placed therein in such manner that the voters in the election shall be able to vote for a chairman of the Board of Commissioners. Upon qualification of the Commissioners elected for a term of office, the elected commissioner with the highest number of votes received as chairman of the Board of Commissioners shall be declared the chairman of the Board for his term of office. In the event the chairman elected by the people shall decline the office of chairman, the elected Commissioner having the next highest vote for chairman in said election shall be declared the duly elected chairman of the Board. The Commissioners shall elect from among their number or from the county at large a clerk and other employees. The chairman of the Board shall give bond in the sum of two thousand dollars ($2,000), for faithful performance of duty, and for protection of all funds, said bond to be approved by the Ordinary; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved March 9, 1933, Georgia Laws 1933, page 456, entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Clinch; to provide their duties, powers; and for other purposes, and the acts amendatory thereof, be, and the same are hereby amended by striking from the Act approved March 9, 1933, the entirety of Section 8, and by inserting in lieu thereof the following: Sec. 8, act of 1933, stricken. Be it further enacted that candidates when qualifying to run for the office of Commissioner shall announce at that time whether or not they desire to be elected chairman of the Board of Commissioners. The election authorities will provide on the ballot an appropriate space for the election of the chairman of the Board of Commissioners and the names of all candidates for the office of chairman shall be placed therein in such manner that the voters in the election shall be able to vote for a chairman of the Board of Commissioners. Upon qualification of the commissioners elected for a term of office, the elected commissioner with the highest number of votes received as chairman of the Board of Commissioners shall be declared

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the chairman of the Board for his term of office, and the elected commissioner with the highest number of votes for chairman shall be vice-chairman. In the event the chairman elected by the people shall decline the office of chairman, the elected commissioner having the next highest vote for chairman in said election shall be declared the duly elected chairman of the Board. The Commissioners shall elect from among their number or from the county at large a clerk and other employees. The chairman of the Board shall give bond in the sum of two thousand dollars ($2,000.00), for faithful performance of duty, and for protection of all funds, said bond to be approved by the Ordinary. New section. Election, Chairman and Vice Chairman. Board of Commissioners. Clerk and other employees. Chairman's bond. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 27, 1947. DIVORCES AND MARRIAGE ANNULMENTSREGISTRATION AND FEE PROVISIONS IN ACT REPEALED. No. 244 (House Bill No. 281). An Act to repeal in part an Act of the General Assembly of Georgia of 1945, being No. 311 (Ga. Laws, 1945 pages 236-248, as approved March 8, 1945,so as to strike therefrom and repeal sections 36 and 37, respectively, pertaining to Registration of Divorces and Annulments of Marriage and Divorce or Annulment Registration Fee; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, as follows: Section 1. That section thirty-six (36) of Act No. 311 of the 1945 Georgia Laws (Acts 1945, pages 236-248) pertaining to Registration of Divorces and Annulments of Marriage, be and the same is hereby repealed. Sec. 36, act of 1945, repealed. Section 2. That section thirty-seven (37) of the Act No. 311 of the 1945 Georgia Laws (Acts 1945, pages 236-248) pertaining to Divorce or Annulment Registration Fee, be and the same is hereby repealed. Sec. 37 repealed.

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Section 3. That Section 34 of Act No. 311 of the 1945 Georgia Laws (Acts 1945 Pages 236-248), pertaining to Registration of Marriages, be and the same is hereby repealed. Sec. 34 repealed. Section 4. That Section 35 of Act No. 311 of the 1945 Georgia Laws (Acts 1945 Pages 236-248), pertaining to Marriages Registration Fee, be and the same is hereby repealed. Sec. 35 repealed. Section 5. That any and all other laws, or parts of law, in conflict herewith be and the same are hereby repealed. Approved March 27, 1947. VALDOSTA CHARTER AMENDMENTCOMMISSION-MANAGER FORM OF GOVERNMENTREFERENDUM. No. 245 (House Bill No. 313). An Act to amend the Charter of the City of Valdosta; To provide for the abolition of the offices of Mayor and Councilmen as heretofore created by Legislative enactment; To provide for a Commission-Manager form of Government for said City; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia approved November 21, 1901, incorporating the City of Valdosta (Acts 1901, page 670, et seq.), together with the Acts amendatory thereof, be and the same is hereby amended in the following particulars: Act of 1901 amended. Section 1. That, in lieu of the offices of Mayor and Councilmen of the City of Valdosta as heretofore created by legislative enactment, there is hereby created and established a Commission of seven (7) citizens of the City of Valdosta, who shall be known as the Board of Commissioners of the City of Valdosta. Board of Commissioners in lieu of Mayor and Councilmen. Said Board of Commissioners is hereby given all the rights, powers and authority heretofore vested in said Mayor and Councilmen, except as otherwise provided herein; and said

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Board of Commissioners is further given full power and authority to ratify the appointment and employment of all police and other officers, and agents, and employees of said City, together with the right to fix the term of office and employment, to prescribe the duties, to fix the compensation, and to ratify the discharge from service of any officer, employee, or agent of said City, and to discharge any officer, employee, or agent of said City as provided in Section 12, subsection (j) of this Act, and to designate the office or employment by such name as the said Board of Commissioners deems expedient; except as in this Act otherwise provided. Powers. There is likewise imposed upon said Board of Commissioners all of the duties and responsibilities heretofore imposed upon said Mayor and Councilmen, except as otherwise provided in this Act. Section 2. There shall be elected on the second (2nd) Monday in February, 1948, and biennially thereafter, seven (7) Commissioners who shall constitute said Board of Commissioners. They shall be elected to serve for terms of two (2) years, commencing on the first (1st) Wednesday after the first (1st) Sunday in March of the year in which elected and expiring on the first (1st) Wednesday after the first (1st) Sunday in March of the second (2nd) year thereafter, and until their successors are elected and qualified. Election, term. Section 3. All elections for members of said Board of Commissioners shall be opened at seven (7) o'clock, A.M., and closed at six (6) o'clock, P.M., and shall be held under the superintendence of a Justice of the Peace, or Notary Public and Ex Officio Justice of the Peace, and two (2) freeholders of said City, under the form and regulations prescribed by law for holding elections for members of the General Assembly of Georgia, insofar as they are applicable to said elections, and do not conflict with the specific rules and provisions contained in the Charter of said City of Valdosta, as amended, and all elections held in said City at any time and for any purpose whatever shall be held in the same manner. All elections for members of said Board of Commissioners shall be held at the Courthouse or City Hall in Lowndes County, Valdosta, Georgia. Election provisions.

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Section 4. The superintendents of elections shall duly declare the results of said elections, and shall issue certificates of election to such persons as receive the highest number of legal votes polled and who shall qualify by taking an oath well and truly to perform the duties of their respective offices as Commissioners during their terms of office, which oath, together with certificates of election given by the said Superintendents, shall be entered of record on the minutes of said Board of Commissioners, and the originals filed in the office of the Clerk of said Board of Commissioners. After elections. Section 5. In case of vacancy in the office of Commissioner, by death, resignation, or otherwise, an election to fill such vacancy for the unexpired term of office so vacated shall be ordered by the said Board of Commissioners to take place at such time as may be specified in such order, after publishing notice of the same once a week for three (3) weeks in the newspaper in which Sheriff's advertisements for Lowndes County are published. Vacancies. Section 6. Every citizen of the City of Valdosta who shall have resided in this State for twelve (12) months next preceding the election and for six (6) months within the corporate limits of the City of Valdosta next preceding the election, and who shall have complied with all valid ordinances of said City with respect to registration of voters, and who shall be qualified to vote in elections for members of the General Assembly of Georgia, shall be qualified to vote in any election held in said City for any purpose. Voters. Section 7. Only citizens of the City of Valdosta who are qualified to vote in City elections and who have attained the age of twenty-five (25) years shall be eligible to hold office as a member of said Board of Commissioners. Qualifications of Board member. Section 8. Said Board of Commissioners shall, at their regular monthly meeting in March of each year, elect one (1) of their members as Chairman of said Board and one (1) of their members as Vice Chairman of said Board. Chairman and Vice Chairman. Said Chairman and Vice Chairman shall serve as such until the regular monthly meeting of said Board of Commissioners in March of the year next following. In case of a vacancy in the office of Chairman, the Vice Chairman shall immediately succeed to the office of Chairman

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for the unexpired term; and in case of a vacancy in the office of Vice Chairman, said Board of Commissioners shall immediately, or as soon as is practicable, elect one (1) of their members to serve out the unexpired term of the office of Vice Chairman so vacated. Vacancies. The members of the first (1st) Board of Commissioners created by this Act shall receive such compensation as the preceding Mayor and Councilmen shall deem proper; and the members of all future Boards of Commissioners shall receive such compensation as the preceding Boards shall deem proper; the compensation of the members of the Boards of Commissioners shall not be increased or diminished during their term of office. Compensation. Section 9. In said Board of Commissioners is vested full authority to pass ordinances, levy taxes, make appropriations, fix licenses, and all the other rights, powers, and authority heretofore vested in the Mayor and Council of said City of Valdosta, except as otherwise provided in this Act. Board's authority Section 10. The Chairman of said Board of Commissioners shall have the powers, authority and duties heretofore vested in and imposed upon the Mayor of said City, except as otherwise provided in this Act, and he shall have power to convene the Board of Commissioners in extra session whenever, in his judgment, it becomes necessary. Chairman's authority Section 11. The Vice Chairman shall, in case of absence or disqualification of the Chairman, perform and discharge all of the duties and exercise all authority of the office of Chairman. Vice Chairman. Section 12. Said Board of Commissioners shall select and appoint a City Manager within thirty (30) days after their election and qualification. City Manager. The City Manager shall be the administrative head of the municipal government; and he shall be responsible for the efficient administration of all departments. He shall be appointed without regard to his residence, political belief, or affiliations. During the absence or disability of the City Manager, the Board of Commissioners may designate some properly qualified person to execute the functions of the

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office of City Manager. The powers and duties of the City Manager shall be: (a) To see that all laws and ordinances of the said City are enforced; Powers and duties. (b) To exercise control over all departments and divisions of the government of the City of Valdosta; (c) To attend all meetings of the Board of Commissioners, with the right to take part in all discussions, but having no vote; (d) To recommend to the Board of Commissioners for adoption such measures as he may think necessary and expedient; (e) To prepare and submit to the Board of Commissioners an annual Budget; (f) To keep the Board of Commissioners fully advised as to the financial condition and needs of said City; (g) To supervise and direct the official conduct of all appointive City Officers, except as may be herein otherwise provided; (h) To supervise the performance of all contracts made by any persons for work done for the City of Valdosta, and to make all purchases of materials and supplies for the City under such rules and regulations as may be imposed by the Board of Commissioners; (i) To perform such other duties as may be prescribed in this Act or as may be required of him by ordinance or resolution of the Board of Commissioners; (j) To appoint and discharge all subordinate officers and employees in all departments (but not the Chiefs or Heads of departments), all appointments being made upon merit and fitness alone; said right of appointment and discharge being subject to the ratification and approval of the Board of Commissioners at its next regular meeting after such appointment or discharge; provided, however, that if the Board of Commissioners shall desire the discharge of any officer or employee of the City, and the City Manager shall, upon demand by the Board of Commissioners, refuse to discharge such officer or employee, said Board of Commissioners may, by proper resolution, passed at a regular

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meeting or at an extra session of said Board of Commissioners, discharge such officer or employee. Section 13. The City Manager may be removed from his office or employment at any time by a majority vote of the Board of Commissioners without cause or notice; and said Board of Commissioners shall, from time to time, fix his compensation or salary. Removal. Section 14. The Board of Commissioners may require the City Manager to come before them at any time and answer questions either orally or in writing with regard to his official conduct or any other affairs of said City, and may require from said City Manager, at any time they see fit, written reports upon any matters involving the city that they deem proper; and it shall be the duty of the said City Manager to make monthly reports to the Board of Commissioners of his general official action and doings, and to file full and complete reports of the various departments of the City of Valdosta at least quarterly. Board's authority as to Manager. Reports. Section 15. Said City Manager shall devote his entire time to the office of City Manager, and the members of the Board of Commissioners shall devote as much of their time as is necessary properly to perform their duties. Time in performing duties. Section 16. The Board of Commissioners shall meet once in every month for the transaction of business, and not oftener unless in the discretion of the Chairman, or, in his absence, that of the Vice Chairman, it becomes necessary to have an extra meeting; and in that event, the Chairman, or, in his absence, the Vice Chairman, may call the Board of Commissioners together at once. The Board may adjourn their meetings to some indefinite time in the interim of regular monthly meetings. The regular monthly meetings of said Board shall be held on the first Wednesday after the first Sunday in each month at such time as may be prescribed by ordinance of said City. Board meetings. Section 17. The Chairman, or, in his absence, the Vice Chairman, shall preside at the meetings of the Board of Commissioners, but shall vote only in cases of ties. The Chairman, or, in his absence, the Vice Chairman, and four (4) members of the Board of Commissioners shall constitute a quorum for the transaction of business. Presiding officer. Quorum.

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Section 18. It shall be unlawful for any member of the Board of Commissioners to be interested either directly or indirectly in any contract with the City of Valdosta or with said Board of Commissioners having for its object the public improvement of the City of Valdosta or any part thereof, or the expenditure of funds of said City or of said Board of Commissioners. Prohibited acts. Any member of said Board of Commissioners who shall violate this Section shall be guilty of malfeasance in office and shall also be guilty of a misdemeanor, and, upon conviction therefor, shall be punished as for a misdemeanor under the laws of Georgia. Punishment. Section 19. Be it further enacted, that the corporate entity, name, and organization of said City of Valdosta be, and they are hereby, in all respects preserved except insofar as said organization is changed by this Act; and said Act approved March 21, 1901, incorporating said City, as heretofore amended, is hereby declared of full force and effect insofar as the same is not in conflict with this Act. Corporate name, etc., preserved. Section 20. Be it further enacted, that a special election shall be held in the City of Valdosta, as provided in Section 69-101 and 69-102 of the Code of Georgia, 1933, to determine whether or not this Act shall be put into full force and effect. Referendum. The ballots for said election shall have written or printed thereon the words: For Commission-Manager Form of Government and Against Commission-Manager Form of Government. And if a majority of those voting in said election shall vote for For Commission-Manager Form of Government, this Act shall become effective; but if a majority of those voting in said election shall vote for Against Commission-Manager Form of Government, this Act shall not become effective provided, however, that the present Mayor and Council of said City of Valdosta shall continue to serve as such, with all of the powers, authority and duties heretofore vested in and imposed upon them, until the election and qualification of the Board of Commissioners, herein created.

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Section 21. Be it further enacted that Sections 3, 4, 6, 7, 9, 19, 20, 30 and 49 of said Act of 1901, incorporating said City of Valdosta, be, and they are hereby, repealed. Act of 1901, sections repealed. Section 22. Be it further enacted, that all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Section 23. There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by an affidavit of the authors hereof, to the effect that said notice has been published as provided by law. Published notice. Approved March 27, 1947. ATLANTA CHARTER AMENDMENTSFIRE HAZARDSCHIEF OF SANITARY DEPARTMENTCITY ATTORNEY. No. 246 (House Bill No. 324). An Act to amend an act establishing a new charter for the city of Atlanta approved February 28, 1874 and the several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act 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, be and the same are hereby amended as follows: Amended act of 1874 amended. Section 1. That the provisions of the Charter codified as Section 13-104, Code, City of Atlanta, 1942, providing the term of office for the Chief of the Sanitary Department (Acts 1927, p. 786; Acts 1939, p. 864) be and the same is hereby repealed. Term, Chief of Sanitary Department; repeal. Section 2. That the Mayor and General Council of the City of Atlanta shall have the power and authority to pass all ordinances that may be deemed necessary to prevent the existence of fire hazards, and to minimize the loss of life and property from fire. To this end, they may provide for

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such alterations as may be necessary to existing buildings or buildings to be constructed in the future; may regulate the storage and use of explosives and flammables; may regulate the installation and maintenance of automatic or other private fire alarm systems and fine extinguishing equipment; may regulate and provide for the construction and maintenance of fire escapes; may provide for and regulate exits and may adopt such other ordinances and regulations as are needed to reduce fire hazards to the minimum. The Mayor and General Council may provide penalties otherwise authorized by the Charter and also prohibit the use of buildings not meeting minimum regulations designed to prevent fires. Fire hazards, buildings, fire escapes, protection of life and property, etc. Power to adopt audiences and regulations. Section 3. That the provisions of the Charter contained in the 1945. Cumulative Supplement, Code, City of Atlanta, 1942, and codified as Section 21-102 (Acts 1943, p. 1185) relating to the election, qualification and term of the City Attorney, be amended as follows: Act of 1943 amended. The City Attorney shall be elected by the Mayor and General Council of the City of Atlanta at the first meeting in May preceding the expiration of the present term of office. His term of office shall be four years, beginning the first Monday in January immediately following his election. The present incumbent shall hold office until his successor has been elected and qualified. Before assuming the duties of his office, the City Attorney shall take an oath before the Mayor, the Mayor Pro Tem., or some other officer authorized to administer oaths to faithfully perform his duties as City Attorney. City Attorney; election, term, oath. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. VALDOSTA PUBLIC SCHOOLSTAXAMENDMENTS. No 247 (House Bill No. 362). An Act to amend an Act establishing a public school system for the city of Valdosta, approved December 20, 1893, and acts amendatory thereof.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a public school system for the City of Valdosta, approved December 20, 1893, and Acts amendatory thereof, be and the same are hereby amended in the following particulars: Act of 1898 amended. Section 1. Be it enacted that Section 2 of the Act establishing a system of public schools in the City of Valdosta, approved December 20, 1893, which section provides for an election and the manner of holding same, on the question of local taxation for the support of said system of public schools, and in case two-thirds of the votes cast at same be for public schools, for the levy of a tax not to exceed one-fifth of one per cent per annum on the taxable property of said City, be and the same is hereby stricken and repealed; and also that Section 5 of said Act, which provides for an estimate of the amount to be raised by said tax and how the same is to be levied, collected and disbursed, and how the estimate for the first scholastic year was to be made, is also stricken and repealed. Secs. 2 and 5 repealed. Section 2. Be it further enacted that Section 1 of an amendment to the above described Act establishing a system of public schools in the City of Valdosta, which amendment was approved August 22, 1907, be amended as follows: Section 1 of said amendment, providing for an election for the purpose of authorizing an increase in the levy by the City of Valdosta to an amount not to exceed three-tenths of one per cent on the taxable property of said City, and providing for the notice to be given of said election and as to how the returns of same shall be made, is hereby stricken and repealed. Also, that Section 4 of said amendment, providing how said school tax shall be levied and collected and disbursed, is hereby repealed and stricken. Also that Section 5 of said amendment to said Act, providing for an election for the increase of local taxation for public schools from one-fifth of one per cent on the taxable property to three-tenths of one per cent on the taxable property of said City, and also providing for the manner in which said election shall be called, held, and the results declared, is also stricken and repealed. Secs. 1, 4, and 5, act of 1907, repealed. Section 3. Be it further enacted that the Act amending

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the said Act establishing a public school system for the City of Valdosta, which amendment was approved August 18, 1919, be amended by striking and repealing the following sections of said amendment: Section 1 of said amendment, providing for an election for the purpose of increasing said local tax to an amount not exceeding five-tenths of one per cent on the taxable property of said City and providing for notice of such election and for declaring the returns thereof, is hereby stricken and repealed, and that Section 2 of said amendment, providing for notice as to what amount of money it will be necessary to raise by taxation to defray the expenses of running the public schools for the ensuing year, and for laying the same before the Mayor and Council of said City, and providing that said Mayor and Council are authorized and required to levy a tax annually for said purposes, not to exceed five-tenths of one per cent on the taxable property of the City, and providing for payment of the same to the Treasurer of the Board of School Commissioners, and providing for the method of disbursement of the same and providing for the collection of same by levy and sale, be and the same is hereby stricken and repealed; and also that Section 3 of said last named amendment to said Act, providing for the time same shall take effect, and further providing that same shall not take effect until the Act increasing the limit of local taxation for public school purposes to five-tenths of one per cent is ratified by the qualified voters of the City of Valdosta, as provided for in said amendment, and providing further that the rate of local taxation for public school purposes shall remain as heretofore provided, three-tenths of one per cent on the taxable property of the City of Valdosta, until said Act is ratified, be and the same is hereby stricken and repealed. Secs. 1, 2, and 3, act of 1919, repealed. Section 4. Be it further enacted that in lieu of said stricken and repealed sections of said Act and Amendments thereof, there is hereby substituted the provisions contained in the following sections to this amendment. New sections. Section 5. Be it further enacted that the Board of Education for the City of Valdosta shall determine as early as practicable in each year, which shall be before the date of the tax levy made by the Mayor and Council of the City of Valdosta, what amount of money, in addition to that derived

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from other sources, it will be necessary to raise by taxation to defray the expenses of maintaining and operating the public schools of the City of Valdosta for each current year, and said Board shall by resolution promptly lay said information before the Mayor and Council of said City, and said Mayor and Council are then hereby authorized, as requested by said Board, to levy a tax annually, in addition to that levied for other purposes and authorized by law, on all taxable property in said City, not to exceed one per cent of the assessed value of said taxable property, and when collected, the collecting officers of said City shall pay the same over to the Treasurer of said Board of Education, to be disbursed for the maintenance and operation of said public schools and to be paid out by said Board under such regulations as said Board shall prescribe. Said Taxes shall be collected by levy and sale as the other taxes of said City are collected. Tax levy for public schools. Maximum amount. Collection, disbursement. Section 6. Be it further enacted that upon request of said Board of Education for the City of Valdosta, the Mayor and Council of said City shall order an election after public notice of same shall have been published once a week for four weeks within thirty days prior to the date set for said election, in the official organ of the County of Lowndes, and also including both The Valdosta Times and The Lowndes County News, if said newspapers are being published at said time, said election being for the purpose of authorizing an increase of the levy for the maintenance and operation of the public schools of said City, said increase to be an increase from the said limit of one per cent of all of said taxable property in said City, as provided for in the preceding section of this Act, to not more than an aggregate of 1.4% of the assessed value of said property. In the event such request is submitted to the Mayor and Council, they shall order said election to be held within a period of not more than sixty days from the date of said request. All persons entitled to vote for Mayor and Council of said City shall be entitled to vote at said election. All voters who favor granting authority for such increase in the local tax levy for said schools shall have written or printed on their ballots the following: For increase of local tax for public schools, and those who shall oppose said increase shall have

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written or printed on their ballots Against increase of local tax for public schools; and in case a majority of the votes cast at said election shall be For increase of local tax for public schools, the result of said election shall be determined by the Mayor and Council and entered on the minutes of said Mayor and Council, and thereupon it shall be the duty of the Mayor and Council of the City of Valdosta, after said request by said Board, to annually raise by taxation a sum sufficient to carry out the purposes of this section of this Act, provided that said levy shall not exceed an aggregate of 1.4% on the taxable property of said City. Said election and the returns of same shall be handled in the same manner as elections for Mayor and Council of said City. Increase of maximum tax. Referendum. Section 7. Be it further enacted that in the event a majority of the votes at said election is Against increase of local tax for public schools, another election may be called at any time after six months subsequent to said election, which second election shall be called, held and the results declared and the effects thereof the same as that outlined for the election above referred to. Second election. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 27, 1947. NORRISTOWN INCORPORATEDREFERENDUM. No. 248 (House Bill No. 363). An Act to incorporate the town of Norristown, in the County of Emanuel, State of Georgia; to definite its corporate limits, declare its powers and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the town of Norristown, in Emanuel County, Georgia is hereby incorporated as a town, under the name and style of Norristown. Town incorporated.

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Section 2. Be it further enacted, that the corporate limits of said town shall extend in all directions three-fourths (3/4ths) from the center of the former location of the freight and passenger depot of the station of Norristown on the Brewton and Pineora division of the Central of Georgia Railway. Limits. Section 3. Be it further enacted, that the municipal government of said town shall consist of a Mayor and five councilmen, who are hereby constituted a body corporate under the name and style of the town of Norristown and by that name shall be capable of suing and being sued in any court of law or equity, make contracts, purchase and hold and dispose of real estate and personalty, and sell, lease, and exchange same and generally to do all things pertinent to a corporation of such character, whether now allowed by law or which may hereafter be conferred upon the same. Mayor and Councilmen. Powers. Section 4. Be it further enacted, that A. L. Horton be and he is hereby appointed Mayor, and that W. M. Bowen, Jack Johnson, Elmo Sumner and James L. Sharpe, are hereby appointed councilmen of said town of Norristown to hold office until the next and first election as herein provided and each until his respective successor is qualified. Present officials. Section 5. Be it further enacted, that on the third Monday in December 1947 and on the same day in each year thereafter, an election shall be held in the council chamber of said town for a Mayor and Councilmen thereof who shall hold their office for one year beginning January 1, 1948, and on the same day of each year thereafter respectively and until their successors are qualified, all persons being eligible to hold said offices, who are qualified to vote for members of the General Assembly of this State and have resided in said town three months immediately preceding said election. All persons shall be qualified to vote for said officers who are qualified as above to hold same. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons so elected to enter upon the duties of their offices at the time prescribed herein the returns of said election to be made to the Mayor and Councilmen of said town. In the event of a vacancy for any cause occurring in any of said offices, as to the Mayor, the Mayor Pro Tem, as to one of

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the Councilmen, by some fit and proper person of said town elected by the Councilmen, the Mayor or Mayor Pro Tem in his place, voting in case of an even number or tie vote of the Councilmen, in order to create a majority of one. Elections, qualifications, vacancies. Section 6. Be it further enacted, that before entering upon the discharge of their duties, the Mayor and Councilmen shall take an oath to faithfully discharge their duties devolving upon them respectively to the best of their ability and understanding. Oath. Section 7. Be it further enacted, that the said Mayor and Councilmen shall have power and authority to elect such marshals, clerks, treasurer and other officers as they may deem necessary as properly carry out the affairs of said town, prescribe the duties and fix the compensation of such officials and require bonds, or not require bonds according to their discretion, make and pass all ordinances, bylaws, rules, and regulations which they may deem necessary for the good order, peace, health, and government of the town and for the enforcement of the powers herein provided and granted, have exclusive jurisdiction over the streets, alleys, sidewalks, drives, parks, and other public property of said town, keeping the same in good order and removing all obstructions of the same at the expense of the person obstructing the same, construct and maintain at such time as they may determine waterworks, drainage, and sewerage systems, lights and other modern improvements, issuing bonds when necessary to pay for the same, establish and regulate police, fire and sanitary protection for said town, when in their judgment necessary, grant municipal franchises, raise revenue by taxation, and grant licenses to defray expenses of government, regulate the sale and barter of merchandise within the limits of said town, and the exhibition of shows, and impose on same all proper taxation and license and generally to do all things whatsoever not repugnant to the laws of the State of Georgia, which may be incident to municipal corporations. Marshals, Clerks, and other officers. Powers of officials. Section 8. Be it further enacted, that said Mayor and Councilmen of said town shall have power to enforce its ordinances, rules and regulations, and for the violation of which impose a fine of not exceeding fifty dollars or alternative

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imprisonment not exceeding thirty days in the discretion of the Mayor, or in his absence, the Mayor Pro Tem presiding in his stead. Violations, punishment. Section 9. Be it further enacted that the Mayor and Councilmen of said town shall have authority to elect a Mayor Pro Tem who shall discharge the duties of Mayor during the absence of or inability of the Mayor from sickness or other causes to perform said duties of the Mayor elected and qualified, and the Mayor and Mayor Pro Tem shall by virtue of their said office have the committing authority of a Justice of the Peace or Notary Public Ex officio Justice of the Peace as to criminal violations of the criminal laws of the State of Georgia, with power to issue warrants and commit for trial, compel the attendance of witnesses, hold examinations and admit to bail or commit to jail in default thereof. The territorial limits of their jurisdiction to act or preside being the corporate limits of said town. Mayor Pro Tem. Mayor's and his authority. Criminal violations. Section 10. Be it further enacted that the Mayor of said town shall be the chief executive officer thereof, shall see that the ordinances, rules and regulations are enforced, shall have control of the police force of said town, appointing special policemen as the emergency may arise and generally shall do all things essential for the proper discharge of his duties as such chief executive. Mayor. Section 10 (a). Be it further enacted, that this Act shall not be effective until ratified by a majority of those voting for that purpose, residents of the territory sought to be incorporated, of the age of at least eighteen years. Referendum. Section 10 (b). Be it further enacted, that the election for said purpose shall be held on the second Saturday in April 1947 by either one or both of the Magistrates of the 395th G. M. District of the County of Emanuel at the same place in Norristown and in the same manner and procedure as elections are held for Justice of the Peace, and the results shall be declared by the Magistrate holding the election. Election, date, procedure. 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. Approved March 27, 1947.

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SAVANNAH, POLICE COURTCHANGING SENTENCESAMENDMENT. No. 249 (House Bill No. 371). An Act to amend an Act approved August 11, 1906 and an Act approved August 13, 1924 relating to the Police Court of the City of Savannah by providing the method of changing punishments or sentences of said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that Section 5 of an Act approved August 11, 1906 (Georgia Laws 1906, page 1035) as amended by an Act approved August 13, 1924 (Georgia Laws 1924, page 682) be and the same is hereby amended by adding to said Section 5 the following language, Provided, however, that no sentence of fine or imprisonment imposed in said Court by anyone presiding therein shall be suspended, vacated, reduced or modified except upon good cause shown in an open session of said Police Court, So that section 5 as amended shall read as follows: Amended sec. 5, act of 1906, amended. Section 5. That as to sentences imposed by said police court, the recorder shall have the right; as to such as may have been imposed him, to suspend, vacate or reduce fines (which have not been paid) and terms of imprisonment for legal grounds, in his best judgment and discretion, and the same shall apply to sentences of said court pronounced, respectively, by the mayor presiding, or by an alderman presiding, it being the intention hereof to give the officers who pronounces the sentence power to vacate, alter, or modify the same, when for good and legal reasons he may be convinced that such course is consistent with justice; but, as to fines which may have been paid by persons convicted in said court, the same shall not be refunded, in whole or in part, to the person so paying the same, except by action of City Council of Savannah; provided however, that no sentence of fine or imprisonment imposed in said Court by anyone presiding therein shall be suspended, vacated, reduced or modified except upon good cause shown in an open session of said Police Court. To read. Sentencessuspension, vacation, reduction of fines. New provisoin open session of court.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 27, 1947. SAVANNAH CHARTER AMENDMENTGROUP INSURANCE FOR EMPLOYEES. No. 250 (House Bill No. 372). An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah and several Acts amendatory thereof and supplementary thereto incorporating the Mayor and Aldermen of the City of Savannah by authorizing the Mayor and Aldermen of the City of Savannah to enter into contracts for group insurance covering its employees including the right to appropriate sums of money to pay a portion of the premiums thereof and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same that the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto incorporating the Mayor and Aldermen of the City of Savannah, be and the same are hereby amended to provide that the Mayor and Aldermen of the City of Savannah shall have power to enter into contracts of insurance with any insurance company authorized to transact business in this state, insuring its employees or any class or group thereof under a policy or policies of group insurance, or more than one class of such insurance, and may contract with any such insurance company or companies granting annuities or pensions, and for any and all such purposes may appropriate use of the Treasury funds sufficient to pay the difference between the amount collected from or contributed by city employees and the total amount of premium charges incident to the issuance and continuation of such policy or policies. Group insurance contracts authorized. Premiums. Section 2. Be it further enacted by authority of aforesaid that all laws or parts of laws in conflict with the purposes of this Act be and the same are hereby repealed. Approved March 27, 1947.

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SAVANNAH PENSIONSAMENDMENTS. No. 251 (House Bill No. 373). An Act To amend the charter of the Mayor and Aldermen of the City of Savannah and the several acts amendatory thereto incorporating the Mayor and Aldermen of said City relative and supplementary thereto, repealing certain sections of the amendments to the charter of the Mayor and Aldermen of said city providing for the payments of pensions to City employees contained in the Acts of the General Assembly of 1945, approved February 20, 1945, creating a Pension System for Employees of the Mayor and Aldermen of the City of Savannah; enacting amendments to said Act to be effective upon the approval of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act that Paragraph A of Section 4 of that certain Act of the General Assembly of Georgia approved February 20, 1945 (Acts of 1945, pages) be, and the same is hereby repealed; and in lieu thereof, a new Paragraph is hereby enacted and herein designated as Paragraph A of said section 4, as follows: Sec. 4(A), act of 1945, repealed. (a) An employee of the Mayor and Aldermen of the City of Savannah who shall have served as such for a period of twenty-five (25) years, the last five of which must have been continuous and immediately preceding the application for a pension. New paragraph. Years of service before pension. Section 2. Be it further enacted by the authority aforesaid that it is hereby enacted by the authority of the same that from and after the passage of this Act Paragraph B of Section 4 of said Acts of 1945, as aforesaid, be and the same is hereby repealed. Sec. 4(B) repealed. Section 3. Be it further enacted by the authority aforesaid that it is hereby enacted by authority of the same that from and after passage of this Act, Section 7 of said Acts of 1945, as aforesaid, be, and the same is hereby repealed; and, in lieu thereof, a new section, herein designated as Section 7 of said Act, is hereby enacted, as follows: Sec. 7 repealed.

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Section 7. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that of the two (2%) per cent paid by employees of said City, the City shall retain one-fourth () of the amount so paid by each employee for and during the first two (2) years, only, of such employee's employment by said city, for the purpose of administration of said Pension Plan and said one-fourth () shall remain in said Pension Fund as a part of the trust created hereunder, and shall only be used, or expended, directly in connection with the payment of pensions and the administration of the Pension Plan. Any employee desiring at any time during his or her first two (2) years of employment with said City to withdraw from the pension plan and to be repaid funds contributed by such employee under this Act during said first two (2) years of service shall for money so contributed to said Pension Fund after the passage of this Act be entitled to receive only three-fourths ([frac34]) of the amount contributed to said Pension Fund for and during said first two years of employment; it being the purpose of this Act that no portion of the contributions of City employees made to said Pension Fund as herein provided, after an employee has served in the employ of said City for a period of two (2) years, shall be used by said City for the purpose of administration of said Pension Plan; and any employee desiring to withdraw from the pension plan and to be repaid funds contributed under this Act, after such employee shall have been employed by said City for a period longer than (2) years, shall be entitled to receive the full amount so contributed during the entire period of such employment. Provided, however, that no employee of said Mayor and Aldermen of the City of Savannah shall be entitled to withdraw his or her contribution to said Pension Fund unless such employee resigns, dies or is dismissed from the employ of said City of Savannah. New section. Disposition of pension contributions. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 9 of the Act of the General Assembly of Georgia of 1945, as aforesaid, be, and the same is hereby repealed; and, in lieu thereof, a

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new section of said Act, herein designated as Section 9, is hereby enacted, as follows: Sec. 9 repealed. Section 9. Be it further enacted by the authority aforesaid that any employee of the Mayor and Aldermen of the City of Savannah who shall have been pensioned by said Mayor and Aldermen and who, thereafter, shall be reemployed by said City of Savannah, or any agency or department thereof, or shall be employed by Chatham County, or any agency or department thereof, then, in that event, his or her pension shall cease and be terminated during such reemployment or employment, but upon termination for any cause, of such reemployment by the City of Savannah, or any agency or department thereof, shall be entitled to receive a pension of one-half () of the salary received by said employee at the time of termination of such reemployment, or reinstatement of his or her original pension, whichever is greater, provided, however, that said pension shall not, in any event, exceed the sum of One Hundred ($100.00) Dollars per month, and/or upon termination, for any cause, of such employment by Chatham County, or any agency or department thereof, shall be entitled to reinstatement of his or her original pension. New section. Re-employment, termination; pension payments. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that all other sections and provisions of the aforesaid Acts of the General Assembly of Georgia, approved February 20, 1945 (Acts 1945, pages) creating and relating to A Pension System for Employees of the Mayor and Aldermen of the City of Savannah, which are not by this Act expressly repealed or amended, are hereby, by the terms of this Act, continued in full force and effect, as amended hereby. Other provisions of Act continued. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that all laws or parts of laws in conflict with any of the provisions of this Act be and the same are hereby repealed. Section 7. Be it further enacted that if any section or provision of this Act shall be held unconstitutional or invalid for any cause by any Court of competent jurisdiction, the

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validity and constitutionality of the remaining parts of this Act shall not be affected thereby. If part unconstitutional. Approved March 27, 1945. SAVANNAH CHARTER AMENDMENTSPERSONNEL BOARDCIVIL SERVICE. No. 252 (House Bill No. 374). An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereto and supplementary thereof incorporating the Mayor and Aldermen of the City of Savannah in order to create a Personnel Board in the City of Savannah to provide for the appointment and removal of the members of said Board and their qualifications, compensation and term of office; to prescribe the duties of the Personnel Board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for Classified employees; to provide for the holding of examination under the provisions of this Act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of, and appeals by employees charged with the violation of Civil Service rules or the provisions of this Act; to provide a uniform procedure for handling the personnel affairs of such city; to provide for certification and appointment, promotions, suspensions, reinstatements, transfers, reduction, and removal of city employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records, and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit city employees coming under the provisions of this Act from doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this Act; to provide for the appointment and removal of a Director of Personnel and define his powers and duties and prescribe a minimum

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salary for such Director; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide for the bonding of employees in the Classified service; to provide that the provisions of this Act are separable in the event a portion thereof is declared unconstitutional; to provide for the repeal of conflicting laws; and for other purposes, so as to provide a Civil Service system based upon examination and investigation as to merit, efficiency, and fitness for appointment, employment, and promotion of employees of the Mayor and Aldermen of the City of Savannah. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Charter of the Mayor and Aldermen of the City of Savannah and the several acts amendatory thereto and supplementary thereof incorporating the Mayor and Aldermen of the City of Savannah, be and the same are hereby amended to provide for the certain of a Civil Service system for the City of Savannah, as follows: Civil Service system created. SECTION 1. Index to Civil Service Act. Index to Act. SECTION 2. Definitions. SECTION 3. Appointment, Removal, Compensation and Duties of the Personnel Board. SECTION 4. Appointment, Removal, Compensation and Duties of the Personnel Director. SECTION 5. Unclassified Service and Classified Service. SECTION 6. Status of Incumbents. SECTION 7. Methods of Filling Vacancies. SECTION 8. Certification and Appointment. SECTION 9. Temporary and Provisional Appointment. SECTION 10. Examinations. SECTION 11. Ratings and Eligibility. SECTION 12. Promotions. SECTION 13. Re-employment. SECTION 14. Transfers.

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SECTION 15. Demotion. SECTION 16. Suspension. SECTION 17. Layoff and Leave of Absence without Pay. SECTION 18. Removal. SECTION 19. Appeals. SECTION 20. Political Activity and Recommendations. SECTION 21. Residence. SECTION 22. Dismissal for Violation. SECTION 23. Penalties. SECTION 24. Oaths. SECTION 25. Bonds of Employees under Classified Service. SECTION 26. Payroll Certification. SECTION 27. Effective Date. SECTION 28. Constitutionality. SECTION 29. General Repeal. SECTION 2. DEFINITIONS. The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise. Definitions. (1) Classified Service means all offices and positions of trust or employment in the service of the Mayor and Aldermen of the City of Savannah except those placed in the unclassified service by this Act. (2) Board means the City of Savannah Personnel Board. (3) Director means the City of Savannah Director of Personnel. (4) Appointing Authority means the officer, commission, board, body or other authority having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission,

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board or institution; or any person or group of persons having the power by virtue of the Constitution, statute, or lawfully delegated authority to make appointments or employments to the positions in the City of Savannah employment service. (5) Position means any office or place of employment in the city of Savannah employment service. (6) Classified Employees means any employee holding a position in the Classified service. (7) Public Hearings means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved. SECTION 3. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE PERSONNEL BOARD. (1) There is hereby created and established the City of Savannah Personnel Board which shall consist of three members of known sympathy to the merit system who shall have been residents of the City of Savannah for two (2) years or more and who shall be elected by majority vote of the Mayor and Aldermen at a regular meeting of said City Council. One of the original three (3) members so elected, to be designated by the Mayor and Aldermen at the time of the election, shall hold office for a term of two (2) years. One of said first three members shall be so elected to hold office for a period of four (4) years, and one shall be elected for a term of six (6) years. Thereafter all elections shall be for a term of six years, and the members shall serve until their successors have been elected and qualified. The members shall annually elect one of their number as chairman of the Board. Two members of the Board shall constitute a quorum for the transaction of business. Vacancies in the office of said Personnel Board created by death, resignation or otherwise shall be filled by election of the Mayor and Board of Aldermen as provided for regular appointments herein and such appointment shall be for the unexpired term. No member shall hold any other lucrative office or employment under the United States Government, the State

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of Georgia, or any political subdivision thereof, except the office of notary public or an office in the military forces. Personnel Board. Appointment. (2) A member of the Board may be removed only for cause after charges have been filed with the Mayor and Aldermen of said City. Such charges must be filed in writing and a copy furnished the member sought to be removed. The accused member shall be entitled to a public hearing before said City Council, and removal shall be accomplished only after such hearing and upon the recommendation of a majority of the Board of Aldermen. Removal. (3) The members of the Board shall be paid at the rate of fifteen dollars per diem for time actually devoted to the business of the Board, but no member shall be paid for more than thirty-six days of service for the first year after the effective date of this Act, and thereafter not more than twenty-four days of service in any one year. Pay. (4) The Board shall keep its office and shall hold its meetings in the City Hall, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once monthly, and as often in addition thereto as the Board may provide. Meetings. (5) It shall be the duty of all officers having charge of public buildings of the City to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for by this Act and in all proper ways to facilitate the work of the Board. Office. (6) It shall be the duty of the Board as a body: Duties. (a) After a public hearing and proper investigation during which the Mayor and Aldermen of the City of Savannah, Appointing Authorities, and the Classified employees shall be afforded every opportunity to be heard to adopt, rescind, and amend rules and regulations for the administration of this Act; to set up a classification plan for all positions covered by this Act; to establish a minimum, intermediate, and maximum salary schedule for such positions; Provided said rules and regulations shall provide for preferences for honorably discharged veterans of any war in conformity with Article III, Section VII, Paragraph XXIV, of the Constitution of the

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State of Georgia. Said salary schedule and any modifications thereof shall be subject to the concurrence and approval of said City Council. When adopted and approved as required by the provisions of this Act, such rules, regulations, classification plan, salary schedule and any modifications thereof shall be enforced by all Appointing Authorities and other employees of the Mayor and Aldermen of said City to which they are applicable. Notice of the Contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to all Appointing Authorities affected thereby, and shall be printed for public distribution. (b) To hear and determine appeals and complaints respecting the administrative work of the director filed with the Board by any Appointing Authority or Classified Employee, and such other matters as may be referred to the Board by the Director. (c) To make such investigations as may be requested by the Mayor and Board of Aldermen by majority vote where general City employees are affected or on its own motion and to report thereon. (d) To keep minutes of its own meetings and such other records as the Board may deem necessary. (e) To examine and approve or modify the annual report prepared by the Director and submit such report to the Mayor and Board of Aldermen on or before the first day of February covering the period of time from January 1st through December 31st of the preceding year, transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Act, and to supervise generally the work of the Director in the administration of the provisions of this Act. Such report shall be made available to any interested groups. SECTION 4. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE PERSONNEL DIRECTOR. (1) The Board shall appoint a Personnel Director. Such Director shall have been a resident of the City of Savannah

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for one year or more and shall be a person competent, trained and experienced in the field of personnel administration and throughly in sympathy with the application of merit and sound business principles in the administration of personnel. Personnel Director. (a) The Mayor and Aldermen shall provide adequate quarters for the Board and the Director to administer the provisions of this Act. Adequate quarters. (2) The Director shall take oath of office prescribed for the Mayor before the Chairman, and give bond in the penal sum to be fixed by the Mayor and Aldermen, for his faithful performance, to be approved by the Mayor. Oath, bond. (3) The Director shall hold his office during good behavior and may be removed only for cause after a public hearing by the Board. Term, removal. (4) The salary to be paid to the Director shall be fixed by the Board with the consent and approval of the Mayor and Aldermen; provided said salary shall be not less than $4,200.00 per annum. Salary. (5) It shall be his duty: (a) To attend meetings of the Board, to act as its secretary and to record its official actions. Duties. (b) To appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided therefor by the Mayor and Aldermen. Provided, further, such appropriation shall be adequate for the proper administration of this Act, and, until otherwise provided by law, shall not be less than fifteen dollars ($15.00) annually per employee covered by this Act. All employees of the Board shall be in the Classified Service established under this Act and shall be employed in accordance therewith. (c) To prepare, recommend, and administer the Civil Service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this Act. The rules and regulations as adopted by the Board shall govern the examination procedure, formulation of registers of eligibles, certification of persons

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qualified for appointment to the classified service, administration of appointments, transfers, demotions, promotions, suspensions, layoffs, re-employments, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this Act. (d) To establish and maintain a roster of all the officers and employees in the City employment service, who are covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (e) To check all payrolls or other compensation for personnel service in the classified service periodically, at such time as the Director or the Board may deem consistent for the proper administration of this Act. (f) To recommend to the Board proper classification of new positions created in the City employment service covered by this Act according to duties and responsibilities. (g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the City employment service as he may deem necessary and as may be requested by the Board or by the Mayor and the Board of Aldermen. (h) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any such investigations in connection with the administration of the provisions of this Act. (i) To make an annual written report to the Board. (j) To perform any other lawful act required to carry into effect the purposes and spirit of this Act. SECTION 5. UNCLASSIFIED SERVICE AND CLASSIFIED SERVICE. The City of Savannah employment service shall be divided into the unclassified service and the classified service.

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(1) The unclassified service shall consist of the following: Unclassified service. (a) Officers elected by the people and persons appointed to fill vacancies in such elective offices. (b) Officers and employees specifically exempted by law. (c) Members of boards or special commissions appointed by the Mayor and/or Board of Aldermen for special purposes, who serve without compensation. (d) All assistants and employees in the Department of Law. (e) The executive secretary and one other confidential employee of the Mayor, but not including his private secretary who shall be under the classified service. (f) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation or examination where such appointment of designation is certified by the Board to be for employment which should not be performed by persons in the classified service. (g) Election officials. (h) Heads of departments elected or appointed by the Mayor and Aldermen. (2) The classified service shall include all other public officers and employees in the City of Savannah employment service now or hereafter employed and after the effective date of this Act all appointments, employments, removals, promotions, demotions, transfers, layoffs, reinstatements, suspensions, leaves of absence without pay, and changes in grade or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise. Classified service. (3) The Board shall be authorized to enter into cooperative agreements with other Federal, State, and municipal merit systems to permit use of registers and the acquiring of status by individuals under any such system which has comparable standards to that established herein shall as a result of agreement give status under this or such other system. Cooperative agreements. SECTION 6. STATUS OF INCUMBENTS. Any person holding a position in the classified service of the City of Savannah employment service as herein defined

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on the effective date of this Act, who has been an employee of the Mayor and Aldermen of the City of Savannah for at least ninety (90) days immediately preceding the effective date of this Act, shall continue to hold such position subject to the provisions of this Act, and shall be deemed to be qualified for such employment and to have received a regular permanent appointment in accordance with the provisions of this Act, provided that he shall file a written certificate with the Board within sixty (60) days after the effective date of this Act, which among other things shall include a complete history of his employment record on forms which shall be prescribed by the Board. Incumbents. SECTION 7. METHOD OF FILLING VACANCIES. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Director may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Vacancies. SECTION 8. CERTIFICATION AND APPOINTMENT. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the Director a statement of the duties of the position and a request that the Director certify to him the names of persons eligible for appointment to the position. The Director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all of the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should

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it become known to the Director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the Director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Director after investigation may with the approval of the Board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the Director and the appointing authority may extend such probationary period to one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the Director shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Filling vacancies. Procedure. Probation. SECTION 9. TEMPORARY AND PROVISIONAL APPOINTMENT. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Director. If such nominee is found by the Director to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy, but only until an appropriate eligible registrar can be established and an appointment made therefrom: Provided, that the Director, with the approval of the Board, may approve

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a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. In no event shall a temporary appointment be continued for more than six months. Successive temporary appointments of the same person shall not be made; not more than one temporary appointment shall be made to any position within any 12 month's period. No person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally or temporarily appointed. Temporary appointments. SECTION 10. EXAMINATIONS. Each eligible register shall consist of a list of all the persons who have shown by competitive tests that they possess the qualifications which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or any other demonstration of fitness as the Director, with the approval of the Board, may determine. Such tests shall be competitive, practical, free, and open to all persons, citizens of the City of Savannah, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, character and other qualifications as may be considered desirable and specified in the public announcement of the test. The Director shall establish or create examination committees from qualified persons to assist him in giving tests. Public notice of the time, place and general scope of every test shall be given. Tests. SECTION 11. RATINGS AND ELIGIBILITY. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers

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no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or wilfully or corruptly make any false representation concerning the same or concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their name shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the Director for all those on any register when conditions of good administration render it inexpedient to hold a new examination. Ratings. Eligibility. SECTION 12. PROMOTIONS. Promotions of employees to positions covered by this Act, having a different and higher classification, shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Director at the request of the appointing authority. How made. SECTION 13. RE-EMPLOYMENT. (1) Whenever any employee in the Classified service, who has been performing his duties in a satisfactory manner, as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Director and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Director shall cause the name of such employee to be placed on the re-employment list for the appropriate class for re-employment

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within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of applications for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted. Re-employment list. (2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Director in such form as may be prescribed by the Board a request that the Director certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The Director shall immediately certify to the appointing authority the names of persons on appropriate registers. Filling vacancy. SECTION 14. TRANSFERS. An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided, that the Director has authorized the transfer of the employee from one department to another and has received approval of both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the Director. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the Director, who shall make proper investigation in connection therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department. Transfer of employees. SECTION 15. DEMOTION. An appointing authority may, in accordance with the rules and regulations established by the Board demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee involved and the Director have been notified in writing of such contemplated action. Any employee

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so demoted shall have the right to appeal his demotion to the Board. The Board can then approve his demotion or reinstate him to his former position if, in its opinion, the demotion is not justified. Their demotion. SECTION 16. SUSPENSION. An appointing authority may, in accordance with rules and regulations established by the Board, upon giving written notice to an employee and the Director suspend for just cause a classified employee for disciplinary purposes without pay for a period not exceeding thirty (30) days in any twelve month period. Their suspension. SECTION 17. LAYOFF AND LEAVE OF ABSENCE WITHOUT PAY. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the Director. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status, under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed six consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the Director notified in writing. Any leave of absence for a period in excess of six consecutive months as provided herein shall be obtained only with the approval of the Board. Layoffs. Leave. SECTION 18. REMOVAL. Any appointing authority may suspend a subordinate in the classified service for cause and may recommend to the

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Personnel Board that he be dismissed from the service or recommend suspension, demotion or transferral. Such appointing authority shall, on the day of such suspension, file with the Board a copy of the written notice furnished the employee so suspended, setting forth in detail the reason for such action and his recommendations in the premises. The dismissed employee shall have an opportunity to answer the charges in writing within 10 days and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. It shall then be the duty of the Personnel Board, upon an investigation and a hearing thereon, to either approve or disapprove the suspension by the appointing authority and where recommendations are made, to either approve or disapprove such recommendations, with authority where the cause is shown to suspend the employee for any period of time it may designate; or reinstate the employee to his former status and in their discretion with authority to direct payment of salary during such period of suspension preceding the trial; or to transfer, demote or dismiss said employee. Provided, however, that the Board within 30 days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen but not increase the penalty imposed, but after the end of such 30 days, the Board shall not have any authority to reopen such case for any cause. The Mayor and Aldermen shall have the right to prefer charges against any employee in the Classified Service for violation of any Civil Service rule or regulation or any provision of this Act, in which case the employee against whom such charges are filed, shall have an opportunity to answer the charges in writing within 10 days after written notice thereof, and to file with the Board affidavits in support of such answer. Thereafter, the proceedings shall be the same as in cases where disciplinary action is taken or charges are preferred by an appointing authority in accordance with the provisions of this Act. Suspension, dismissal. Procedure. (a) For the purpose of taking any disciplinary action, or of filing any charges against any person in the classified

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service, the designation Appointing Authority shall be held to include any acting department head or other person designated by the proper authority to be in charge of any department in the absence, for any cause, of the regular appointing authority or department head. Appointing Authority. (b) Whenever an employee has been suspended, demoted, discharged, disciplined, or otherwise caused to suffer any loss in classification, grade or salary, such employee shall have the right of appeal to the Board. This right may be exercised at any time within ten days from the date of such suspension, demotion, discharge or other disciplinary action by a request in writing for such hearing filed with the Director. Immediately upon the receipt of such request, the Director shall notify the members of the Board and call a meeting of the Board for proper hearing of the case. The Board shall proceed to hear all parties at interest and such evidence as may be introduced by any of them at the earliest practicable date after notice of the appeal has been filed. The filing by an employee of an answer to charges to the written statement filed by the appointing authority with the Board as provided in this Act, without further formality shall be deemed a sufficient demand for a hearing. Right of appeal. SECTION 19. APPEALS. Whenever the Director refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then said Director if requested by the person so rejected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify, as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned. Refusal to examine or certify. Review by Board. (a) Where an employee is dismissed from the service, he shall have the right, within 2 years, to apply for reinstatement. Upon making an application for reinstatement to the Personnel Board he may be reinstated, without taking an examination, to the classified service, provided, such reinstatement

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is recommended by the head of the department he was in at the time of his dismissal and approved by the Personnel Board. Application for reinstatement. SECTION 20. POLITICAL ACTIVITY AND RECOMMENDATIONS. In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former employees as to ability, shall be considered by the Board, the Director or the appointing authority, in giving any examination, appointment, promotion or reinstatement under this Act. Political or religious affiliations, etc. SECTION 21. RESIDENCE. Positions in the classified service shall be filled by citizens of the City of Savannah, who have been residents of the City of Savannah for at least one year immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of the City of Savannah cannot be obtained, or the work to be done is in city service outside of the city limits. Removal of residence outside of the city limits shall be grounds for removal unless permission to remove is granted by the Board for just cause and approved by the Mayor and Aldermen. City residence, waiver, removal. SECTION 22. DISMISSAL FOR VIOLATION. Any person in the classified service violating any of the

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provisions of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the Board prior to said dismissal. Violation of Act. Dismissal. SECTION 23. PENALTIES. Any person who shall wilfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for reappointment, reinstatement, or reemployment for a period of three years or more, from the date of such conviction. Offenses, punishment. SECTION 24. OATHS. The Board and all employees in the classified service shall take the oath of office prescribed for the Mayor, or as otherwise provided by law for their respective positions. The Board and the Director are authorized to administer oaths. Oaths. SECTION 25. BONDS OF EMPLOYEES UNDER CLASSIFIED SERVICE. (1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the City Treasurer. Who to give bond. Condition. Premium. (2) Should the amount of bond required be deemed by the

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Board arbitrary, unreasonable or oppressive, an appeal shall lie to the Superior Court which shall have the authority to set the amount of such bond. Appeal as to amount. (3) The Board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable but this provision shall not forbid the Mayor and Aldermen or other authority coming under City Government to require any employee handling funds or performing duties of trust to post bonds. Other bonds. SECTION 26. PAYROLL CERTIFICATION. No employee within the classified service shall be placed on the payroll of the City of Savannah until the Personnel Director has properly certified the individual to the position. Certification by Director. SECTION 27. EFFECTIVE DATE. This Act shall take effect January 1, 1948. Date. SECTION 28. CONSTITUTIONALITY. Should any section or provision of this Act be held to be unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. If part unconstitutional. SECTION 29. GENERAL REPEAL. Any and all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1947.

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GRIFFIN CHARTER AMENDMENTS. No. 253 (House Bill No. 390). An Act To amend the Charter of the City of Griffin, in Spalding County, Georgia, as set forth in an Act of the General Assembly, approved July 21st, 1921, and acts amendatory thereof, by repealing Section 62, which prohibits a candidate for commissioner to solicit votes; by amending the Retirement Pension Act of 1941; by extending the police power of the City over certain territory lying outside of the corporate limits, owned or leased by the City for public 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 Charter of the City of Griffin, in Spalding County, Georgia, be, and the same is hereby amended as follows: Section 1. That Section Sixty-two (62) of the said Act of July 21st, 1921, which prohibits a candidate for the office of commissioner to solicit votes, and provide a penalty therefor, is hereby repealed. Sec. 62, act of 1921, repealed. Section 2. That the amendatory Act of the General Assembly approved March 27th, 1941, known as the Griffin Retirement Pensions Act shall be, and the same is hereby amended as follows: Act of 1941, amended (Pensions). (a) By striking Section 2 of said Act of 1941, and substituting the following in lieu thereof, to be known as Section 2: Sec. 2 stricken. Be it further enacted that any employee, complying with the terms of this Act and the ordinances passed in pursuance thereof, and who is in the regular employ of said City at the time of the passage of this Act, and all employees hereafter regularly employed by said City, may retire from active service after a continuous service in the employ of said City for a term of Thirty (30) years, or after a continuous service in the employ of said City for a term of Twenty-five (25) years and have reached the age of Sixty (60) years. After an employee has reached the age of Sixty (60) years and has been

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continuously employed by the City for Twenty-five (25) years, the Board of Commissioners of the City of Griffin, may in their discretion order said employee's retirement, and the decision and action of said Board shall be final. New section. Retirements. (b) By striking Section 3 of said Act of 1941, and substituting the following in lieu thereof, to be known as Section 3: Sec. 3 stricken. Be it further enacted, that when an employee shall be retired as provided in Section 2 of this Act, he shall be paid monthly from said Fund during the remainder of his life, the sum of Fifty per cent (50%) of his average monthly wage or salary based on the ten years immediately prior to the date of his retirement, provided said retirement pay shall never exceed the sum of Seventy-five ($75.00) Dollars per month. New section. Pay after retirement. (c) By striking the last sentence of Section 4 of said Act of 1941, and substituting the following in lieu thereof: Sec. 4 amended. Provided, however, that the disability pay shall in no event exceed Seventy-five ($75.00) Dollars per month. Disability pay. (d) By striking the last sentence of the first paragraph of Section 7 of said Act of 1941, to wit: An employee receiving a salary or wage of more than Two Hundred and no/100 ($200.00) Dollars per month, shall be assessed on Two Hundred and no/100 ($200.00) Dollars only, and receive benefits based on the Two Hundred and no/100 ($200.00) Dollars not to exceed Fifty ($50.00) Dollars per month, and substituting in lieu thereof the following: Sec. 7 amended. Part stricken. An employee receiving a salary or wage of more than ($200.00) per month shall be assessed on $200.00 only, and receive benefits based on the $200.00 not to exceed $75.00 per month. New part. Assessment, benefits. (e) By striking the first paragraph of Section 8 of said Act of 1941, beginning From and after the passage of this Act, and ending after April 1st, 1941, and substituting in lieu of said paragraph, the following: Sec. 8 amended. From and after the passage of this Act, a tax of one per centum is hereby imposed on all insurance premiums collected by the companies or agents of companies of

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fire, life, accident, surety, industrial, health, plate glass, livestock, and all other insurance companies for whom such agents do business, said one per centum tax shall be on the gross premiums collected upon policies of insurance issued upon persons, property, indemnity or business which are located or domiciled in the corporate limits of the City of Griffin. Said tax shall be due and payable on the first day of April of each calendar year for the premium collected the preceding year. New paragraph. Tax on insurance premiums. (f) By striking Section 16 of said Act of 1941, and substituting the following in lieu thereof, to be known as Section 16: New sec. 16. Be it further enacted, that the provisions of this Act shall be binding and compulsory on all City employees employed on a monthly basis receiving a salary or wage of $100.00 or more per month, and optional as to all City employees receiving a salary of wage of less than $100.00 per month. Employees receiving less than $100.00 per month shall come under the provisions of this Act only upon making written application therefor to the City Manager on forms furnished for that purpose. How Act shall affect employees. Section 3. That power and authority is hereby granted to the City of Griffin to exercise police power on and over all tracts or parcels of land which are owned or leased by the City of Griffin and used for public purposes (such as the Municipal Waterworks, Airport, Trailer Camp, or any other public utility), which lie in Spalding County, Georgia, outside of the corporate limits of said city, and jurisdiction of violations of the municipal ordinances of the City of Griffin in and over such territory is hereby vested in the criminal court of the City of Griffin. Police power outside of city limits. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947.

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MACON COUNTY COMMISSIONERSELECTIONS. No. 254 (House Bill No. 391). An Act To amend Section 2 of an Act approved August 9, 1912, Georgia Laws 1912, pp. 419-424, entitled An Act to amend an Act approved August 26, 1872, creating a Board of Commissioners of Roads and Revenues for the County of Macon so as to prescribe the method of electing the Commissioners by striking said Section 2 of said Act in its entirety and rewriting same so as to provide that the Commissioners in primaries shall be nominated by voters of the district wherein the candidate for member of the Board of Commissioners of Roads and Revenues shall reside; to provide for their election in the general election by the voters of the county; and to provide that the Commissioners must be elected from the districts in which they reside; 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 19, 1912, Georgia Laws 1912, pp. 419-424, entitled an Act to amend an Act approved August 26, 1872, entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Macon so as to prescribe the method of electing the Commissioners of Roads and Revenues be and said Act is hereby amended by striking therefrom in its entirety Section 2 of said Act and by rewriting said Section 2 to be substituted in lieu of the stricken portion and to read as follows: Sec. 2, act of 1912, stricken. Section 2. One member of the Board of Commissioners of Roads and Revenues for the County of Macon shall be elected from each of the five road districts as set forth and described in Section 1 of the Act approved August 9, 1912, Georgia Laws 1912, pp. 419-424, being an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Macon and approved August 26, 1872. In the primary election for the selection of nominees for candidates in the general election for the office of members of the Board of Commissioners of Roads and Revenues for the County of Macon

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the nominee shall be selected by the voters of the respective road districts. The voters in the primary shall vote only for the Commissioner to be selected by their district as defined in the Act heretofore referred to in this Section. The member so selected as a nominee shall reside in the District which he is to represent on the Board of Commissioners of Roads and Revenues. After the nomination of said members by the voters of the district in the primary each and every commissioner shall be voted on in the general election by the voters of the county as a whole. No person shall be eligible to offer as a candidate or to be elected as a Commissioner unless he is a bona fide resident of the district from which he is to be elected, of a county, a freeholder and qualified to vote for members of the General Assembly of Georgia. New section. Elections of Commissioners. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. EASTMAN CHARTER AMENDMENTTAXATION. No. 255 (House Bill No. 406). An Act to amend an Act approved August 6, 1921, which Act creates a new charter for the City of Eastman, as amended by the Acts approved August 15, 1922, August 15, 1927, and August 19, 1927, so as to provide that any property which is not returned for taxation to the City of Eastman, or which is grossly undervalued in the return, shall be assessed a penalty of ten percent of the amount of taxes due with a minimum penalty of $1.00; and for other purposes. Be it enacted by the authority of the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows, to wit: Section 1. That certain act to amend an Act approved August 6, 1921, which act creates a new charter for the City of Eastman, as amended by the Acts approved August 15, 1922, August 15, 1927, and August 19, 1927, is hereby

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amended so as to add to the charter of the City of Eastman the following sections, to be appropriately numbered, as follows, to wit: Acts of 1921, 1922, and 1927 amended. It shall be the duty of the board of tax assessors of the City of Eastman to diligently investigate and inquire into the property owned in the City for the purpose of ascertaining what property, real and personal, is subject to taxation in the city and to require its proper return for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which, for any reason, all taxes due to the city have not been paid in full as required by law, and, in all cases where the full amount of taxes due the city have not been paid, it shall be the duty of the tax assessors to assess against the owner, if known, and the property, if the owner is not known, the full amount of taxes which have accrued and which may not have been paid within the statute of limitations. In all cases where taxes are assessed against the owner of the property the tax assessors may proceed to assess the same against the owner thereof according to the best information obtainable and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. In all cases where unreturned property is assessed by the board after the time provided by law for making returns has expired, the board shall add to the amount of city taxes due a penalty of 10%, except that if the principal sum of the tax so assessed is less than $10.00 in amount, the board shall add to the amount of city taxes a penalty of $1.00. The penalty herein provided shall be collected by the city and in all cases paid into the city treasury and remain the property of the city. New section. Board of Tax Assessors, duties. Tax procedure. Penalty. Section 2. Attached hereto and made a part of this act is a notice of the intention to apply for this local legislation, which has been published in the newspaper in which the sheriff's advertisements for the County of Dodge are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly, as certified to by the publisher of said newspaper. Published notice.

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Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 27, 1947. FORREST PARK CHARTER AMENDMENTSCORPORATE LIMITS, ELECTIONS. No. 256 (House Bill No. 413). An Act to amend an Act approved August 14, 1908, entitled an Act to incorporate the town of Forrest Park, to redefine and corporate limits of said town of Forrest Park; to prescribe the terms of office of its Mayor and Aldermen; to prescribe for the registration of voters of said town; to prescribe the time limit in which candidates for the office of Mayor and the offices of Aldermen are required to qualify as candidates in elections held for such offices; to fix the term of office of Mayor and the terms of offices of Aldermen; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1: That Section 2 of said Act be amended to exclude from the present corporate limits of said town the following territory: Sec. 2, act of 1908, amended. A tract of land beginning at a point where the land line known as the West land line of the Lawrence Smith property and the land line known as the East land line of the old B. J. Wootan property intersects the present corporate limit on the South, and extending along the said West line of the Lawrence Property and the East lines of the said old B. J. Wootan property in a Northerly direction to a point where the said line intersects South Avenue near the Forrest Park Baseball Park, then extending along South Avenue in a Westerly Direction to the present Corporate City limit on the west. Territory excluded from corporate limits. Section 2. That the first three sentences of Section 5 of said Act be stricken and the following be inserted in lieu thereof: Sec. 5 amended.

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On the first Saturday in December, 1947, and biannually thereafter an election shall be held in the town of Forrest Park at such polling place, or polling places, as the Mayor and Aldermen might prescribe by ordinance. A Mayor shall be elected at such election, whose term of office is fixed at four years, and until his successor is elected and qualified. Two Aldermen shall be elected on that same date, and in said election, who shall serve for four years, and until their successors are elected and qualified. Three Aldermen shall be elected at said election whose term of office is hereby fixed at two years, or until their successors are elected and qualified, and persons chosen to succeed the three Aldermen to be elected on December 1, 1947, for two year terms shall serve for four years, or until their successors are elected and qualified. Thereafter the Mayor and Aldermen shall have terms of four years. Persons elected on the first day of December of each election year shall assume office on the first Monday in January following such elections. Said elections shall be held during the hours prescribed by laws governing the holding of elections for members of the General Assembly, and persons eligible to vote in such elections for members of the General Assembly, and who have, in addition, registered to vote in elections for officers of Forrest Park under ordinances enacted by the Mayor and Aldermen governing the registration of voters, shall be eligible to vote in said elections. Provided, however, that only bona fide citizens of at least six months residence in Forrest Park are eligible to register as voters therein. Any person is eligible to be elected, and to serve, as Mayor, or as an Alderman, provided such person be qualified to vote in the election in which he, or she becomes, or files notice of intention to become a candidate, provided such person, or persons, register their names with the City Clerk and file a declaration of intention to be a candidate, twenty (20) or more, days prior to the date of such election. Elections. Section 3. Be it further enacted that all other provisions of the Act approved August 14, 1908, be, and the same are reaffirmed; that only such provisions of said Act as are at irreconcilable with the provisions of this Act be repealed. Other provisions of Act reaffirmed.

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Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, repealed. Approved March 27, 1947. FANNIN COUNTY COMMISSIONERAMENDMENTSSALARIES. No. 257 (House Bill No. 416). An Act to repeal an Act amending An Act to create the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920, which increased the salary of the Commissioner of Roads and Revenues of Fannin County from $1200.00 to $1800.00, approved March 8, 1937, and to repeal an Act amending said An Act to create the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920, which increased the salary of the Clerk to the said Commissioner of Roads and Revenues from $600.00 to $840.00, approved March 24, 1939, and by amending said original Act creating the office of Commissioner of Roads and Revenues of Fanning County by increasing the salary of said Commissioner from $1200.00 per annum as provided in Section 6 thereof to $2400.00 per annum, and by increasing the salary of the Clerk to the said Commissioner of Roads and Revenues from $600.00 per annum to $1320.00 per annum, as provided in Section 5 thereof. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act of the General Assembly of the State of Georgia, approved March 8, 1937 (Acts of the General Assembly 1937, Pages 329 and 330) which increased the salary of the Commissioner of Roads and Revenues from $1200.00 per annum to $1800.00 per annum be, and the same is hereby repealed. Act of 1937 repealed. Commissioner. Section 2. That an Act of the General Assembly of the State of Georgia, approved February 13, 1939 (Acts of the General Assembly 1939, Pages 562 and 563) which increased the salary of the Clerk to the Commissioner of Roads and

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Revenues of Fannin County from $600.00 per annum to $840.00 per annum, be and the same is hereby repealed. Act of 1939 repealed. Clerk to Commissioner. Section 3. Be it further enacted by the authority aforesaid that An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes, approved August 10, 1920 (Acts of the General Assembly, 1920, Pages 519 and 524, inclusive) be and the same is hereby amended as follows: Sec. 5, act of 1920, amended. By striking from Section 5, line 2, of said Act which fixes the salary of the Clerk to the said Commissioner of Roads and Revenues the figure $600.00 and substituting in lieu thereof the figures $1320.00, and said Act when so amended shall read as follows: How. That the Commissioner shall appoint a clerk, whose salary shall not exceed $1320.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of the said clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the Commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the Commissioner, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the Commissioner. All the books, files and records required to be used or kept in the office of the Commissioner of Roads and Revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by the Commissioner, which bond shall be in the sum of $1000.00,

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payable to the said Commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the Commissioner. To read. Commissioner's clerk. That Section 6, which fixes the salary of the said Commissioner of Roads and Revenues at $1200.00 per annum be amended by striking in line 3 of said Section 6 thereof, the figures $1200.00 and substituting in lieu thereof the figures $2400.00 per annum so that Section 6, when amended, shall read as follows: Sec. 6 amended. Section 6. That said Commissioner shall receive for his compensation, to be paid out of the County Treasury, a salary of $2400.00 per annum for his services, to be paid monthly, to be paid at the end of each month's services. Commissioner's salary. Section 4. There is attached to said Bill and made a part of the same, a certificate by Luther Cobb, Editor of the Fannin County Times, of Blue Ridge, Georgia, which is the official organ and newspaper in which the legal advertisements of Fannin County are published, showing that notice of intention to apply for passage for said Bill has been published for three weeks during a period of sixty days, immediately preceeding the introduction of said Bill into the General Assembly of this State. Published notice. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. BLECKLEY COUNTY OFFICIALSSALARY INCREASES. No. 258 (House Bill No. 421). An Act To amend Acts fixing and establishing compensation or salaries of elective county officials in the county of Bleckley, to provide for an increase in the amount thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That on and after the passage of this Act that hereinafter the salary of the County Commissioner shall be two thousand four hundred dollars ($2,400.00) per year, and that the salary of the Sheriff, Ordinary shall be increased by adding to their salaries the sum of three hundred dollars ($300.00) each year, and that the compensation of the Clerk of the Superior Court, the Tax Collector, and the Tax Receiver shall be augmented by and shall receive as additional compensation the sum of three hundred dollars ($300.00) per year. That the above salaries as additional compensation shall be paid out of the County Treasury, to the above named officials, and that same shall be paid on a monthly basis. Salaries provided. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 27, 1947. RICHMOND COUNTY REFORMATORYACTS REPEALEDTRANSFER TO STATE. No. 259 (House Bill No. 435). An Act to repeal an Act to establish, maintain and conduct in the County of Richmond a Reformatory Institute, approved October 5, 1885 (Acts 1884-5, Pages 599, 600) and all amendatory Acts, including amendments approved August 16, 1932 (Acts 1912, Pages 453, 456) and January 31, 1946 (Acts 1946, Pages 271, 274), and to authorize the Board of Trustees to convey all lands and buildings of the Richmond County Juvenile Institute as an outright gift to the State Department of Public Welfare of the State of Georgia for the operation of a State Training School. 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 to establish, maintain and conduct in the County of Richmond a Reformatory Institute, approved October 5, 1885 (Acts 1884-5, Pages 599, 600) and all amendatory Acts thereto, including the amendatory Acts

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approved August 16, 1932 (Acts 1912, Pages 453, 456) and January 31, 1946 (Acts 1946, Pages 271, 274), be and the same are hereby repealed in their entirety. Reformatory Institute, acts repealed. Section 2. The Board of Trustees now in charge of the Richmond County Juvenile Institute are hereby authorized to convey all of the realty, consistent of all lands and buildings belonging to the Richmond County Juvenile Institute as an outright gift to the State Department of Public Welfare of the State of Georgia for the operation of a State Training School. Transfer of property to State authorized. Section 3. That this Act shall become effective upon the acceptance by the State Department of Public Welfare of a proper deed conveying a clear title to such lands and buildings as set forth in Section 2 of this Act. Time effective. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. MUNICIPAL COURT OF SAVANNAHAMENDMENTS. No. 260 (House Bill No. 452). An Act To amend the Act creating the Municipal Court of Savannah approved August 13, 1915 found in Georgia Laws 1915 page 124 et seq. and all the acts amendatory, and particularly acts approved August 20, 1927; August 17, 1929; and March 27, 1937; so as to provide that the Municipal Court of Savannah shall have jurisdiction to try criminal offenses against the laws of Georgia, where the punishment of the offense charged does not exceed the punishment provided by Georgia Laws for a misdemeanor, and to further provide that said court shall have jurisdiction to try civil causes in which the amount involved does not exceed Six Hundred Dollars; to amend Section 15 of an Act relating to the salary of the Chief Judge of the Municipal Court of Savannah (Acts 1927, page 455, at page 462) by providing for an increase of the same; to provide for trial by jury of 12 in said court; to provide for the method for the selection and empanelling,

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etc. of the juries, and the terms under which jury trials may be had in both civil and criminal cases: to further provide as to the qualifications of the judges of said courts to try and sentence persons therein; to provide that the Solicitor General of the Eastern Judicial Circuit of Georgia shall have and perform the same duties with respect to the criminal business of the said Municipal Court as are imposed on him by law on the date of approval of this Act with respect to the criminal business of the City Court of Savannah; and so as to authorize the Chief Judge of said Court to provide for a Court Reporter in the trial of criminal cases in said Court, etc. and for other purposes relating to the jurisdiction, practice and procedure and matters relating to jurors and juries in said court; to amend Section 1 (16) of the Act entitled an Act to amend the several Acts creating and relating to the Municipal Court of Savannah (Acts of 1933, page 357, at page 359), so as to provide for minimum salaries of the Associate Judges of said Court, and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act creating and establishing the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915, and the Acts amendatory thereto, be and the same are hereby altered, amended and revised as follows: Amended Act of 1915 amended. Section 2. Be it further enacted by the authority aforesaid, that said Act of 1915 and Acts amendatory thereof are further amended by striking the language does not exceed three hundred dollars, where the same appears in Section 2 of the Acts of August 20, 1927 (Georgia Laws 1927, page 455 at pages 456 and 457) and substituting in lieu thereof does not exceed six hundred dollars, and by striking also the language, The criminal jurisdiction of said municipal court shall not exceed the jurisdiction now vested by law in the justices' courts of this State., and substituting in lieu thereof, said Court shall also have jurisdiction to try criminal cases involving violations of the laws of Georgia, where the maximum penalty permissible for the offense charged is not greater than that provided by law for the

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punishment of a misdemeanor, provided that in trial of any criminal cause, the defendant shall be tried by a jury of twelve under practice and procedure applicable in Superior Courts in like cases, unless the defendant shall waive jury trial in writing. The several judges of the Municipal Court of Savannah are hereby authorized to impose sentence for the punishment of persons convicted in said Court, provided that where a criminal information or accusation has been issued by any judge of said court, or any preliminary hearing held by any such judge for the purpose of charging a defendant or binding a defendant over for trial, the same judge shall not preside in the trial of the defendant in said court, the Solicitor General of the Eastern Judicial Circuit shall have the same duties with respect to the criminal business of said Municipal Court as are imposed by law on the date of approval of this Act with respect to the criminal business of the City Court of Savannah, so that said Section when so amended shall read: Sec. 2, act of 1927, amended. Section 2. Be it further enacted, that the said Municipal Court of Savannah, in addition to the usual jurisdiction of justices' courts of this State, shall have jurisdiction within the corporate limits of the City of Savannah and also without such limits in Chatham County, concurrent with the superior court, to try and dispose of all civil cases or proceedings of whatever nature, ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due, or the value of the property in dispute does not exceed six hundred dollars, and of which jurisdiction is not vested by the constitution and laws of the State of Georgia exclusively in other courts. Said court shall also have jurisdiction to try criminal cases involving violations of the laws of Georgia, where the maximum penalty permissible for the offense charged is not greater than that provided by law for the punishment of a misdemeanor, provided that in trial of any criminal cause, the defendant shall be tried by a jury of twelve under practice and procedure applicable in Superior Courts in like cases, unless the defendant shall waive jury trial in writing. The several judges of the Municipal Court of Savannah are hereby authorized to impose sentence for the punishment of persons convicted

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in said Court, provided that where a criminal information or accusation has been issued by any judge of said court, or any preliminary hearing held by any such judge for the purpose of charging a defendant or binding a defendant over for trial, the same judge shall not preside in the trial of the defendant in said court. Jurisdiction. Civil cases. Criminal cases. Jury. Sentences. Judge, when not to preside. Section 2-A. Be it further enacted that said Act of 1915 and the Acts amendatory thereof, and particularly the Act approved August 20, 1927 (Georgia Laws 1927, page 455 at 457) be amended by striking from said Section 3 of said Act of 1927, the language does not exceed the principal sum of $300.00 and inserting in lieu thereof does not exceed $600.00, so that said Section as amended, shall read as follows: Sec. 3, act of 1927, amended. Section 3. Be it further enacted, that said Court shall have jurisdiction to foreclose all liens of laborers, contractors, material men, and other liens of a similar nature, on real estate, as well as on personal property provided the amount does not exceed the principal sum of $600.00. The manner of foreclosing such liens and of foreclosing Mortgages on personal property in said Court shall be as provided by law for such foreclosures in the Superior Courts of this State. To read. Lien jurisdiction. Foreclosure. Section 3. Be it further enacted by the authority aforesaid, that said Act of 1915 and Acts amendatory thereof be amended by striking from Section 5 of said Act of 1927 the language, is not over three hundred dollars ($300.00), and substituting in lieu thereof does not exceed six hundred dollars ($600.00), and by adding a sentence at the end of said Section to read as follows: Reference to the practice, pleading and procedure in the Superior Courts as used in this Section and as used in this and all other laws relating to the Municipal Court of Savannah shall mean or intend the pleading, practice and procedure in effect on December 31, 1946., so that said Section when so amended shall read: Sec. 5 amended. Section 5. Be it further enacted: (a) That in all civil cases or proceedings in the said Municipal Court of Savannah, in which the principal sum claimed, or the value of the property in dispute, exceeds the sum of one hundred dollars ($100.00) and does not exceed six hundred

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dollars ($600.00), the general laws of this State in regard to the commencement of actions in the superior courts, and the defenses thereto, of whatever nature the pleadings, the method of procedure and practice therein, and in regard to the examination of parties to suits or witnesses by interrogatories or under subpoena, witnesses and their attendance, continuance, nonsuit, direction of verdict, mistrial, charge of the court, granting new trials, and other matters of a judicial nature within the jurisdiction of said municipal court, shall be applicable to said municipal court, except as may be hereafter provided by this Act. (b) That such actions in said municipal court shall be by petition, and in all such respects be conformable to the mode of procedure in the superior courts, save as in this Act excepted; and process to each suit shall be annexed by the clerk of said court or the deputy clerk thereof, tested in the name of the Chief Judge of said court, and be directed to and served by the bailiff of said court, or his lawful deputy. (c) No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. Reference to the practice, pleading and procedure in the Superior Courts as used in this Section and as used in this and all other laws relating to the Municipal Court of Savannah shall mean or intend the pleading, practice and procedure in effect on December 31, 1946. To read. Civil cases; pleadings, procedure, practice. Section 4. Be it further enacted by the authority aforesaid that said Act of 1915 and the Acts amendatory thereof be amended by striking from Section 6 of said Act of 1927 the language, not over three hundred dollars ($300.00), and substituting in lieu thereof, not exceeding six hundred dollars ($600.00) so that said Section when so amended shall read: Sec. 6 amended. Section 6. Be it further enacted, that the presiding judge or judges of said municipal court shall call the appearance docket on the first Tuesday in each term. (a) That in all cases in which the principal sum claimed, or the value of the property in controversy, does not exceed

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the sum of one hundred dollars, and in which service has been legally made, and there is no appearance or defense by the defendant or defendants, the plaintiff shall be entitled to judgment for the amount of his claim, or the value of the property in controversy, whether verified or unverified, on the call of the docket and without the case being assigned for trial or proof. (b) That in all cases in which the principal claimed, or the value of the property in controversy, exceeds one hundred dollars ($100.00) and does not exceed six hundred dollars ($600.00), and in which service has been legally made, and no answer or defense has been filed by the defendant or defendants on the first day of the term, the presiding judge or judges, on the call of the appearance docket shall mark cases in default, and all cases so marked shall be ripe for trial and judgment. After rendition of final judgment in a case so marked In default, the right of opening such default shall terminate, unless by order of the court, or by consent of parties or counsel of record, evidenced by a written stipulation filed with the clerk of said court. To read. Call of appearance docket. Judgment without trial in certain cases. Judgment, after default and trial in other cases. Marking In default. Opening default. Section 5. Be it further enacted by the authority aforesaid, that said Act of 1915 and the Acts amendatory thereof be amended by inserting between the words trials and in the first line of Section 10 of said Act of 1927 the words in civil cases, so that said Section when so amended shall read: Sec. 10 amended. Section 10. Be it further enacted, that all jury trials in civil cases in said municipal court shall be by a jury of six, and from said panel of twelve jurors drawn and summoned by the provisions of this Act the presiding judge or judges of said municipal court shall cause to be made up two juries, and all cases and issues to be tried by jury at such term of said municipal court shall be tried by one of these juries, or by a jury stricken from both, plaintiff and defendant each being entitled to three peremptory challenge. In the event said panel should be reduced below twelve from any cause, the presiding judge or judges of said court shall have the power to fill it out by causing talesman to be summoned instanter. It shall also be in the power of the presiding judge or judges of said municipal court to cause to be drawn a panel of

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eighteen jurors, from which panel three juries shall be made up, if in his or their discretion the business of the court justifies such additional third jury. To read. Juries. Section 6. Be it further enacted by the authority aforesaid, that said Act of 1915 and the Acts amendatory thereof be amended by adding to Section 11 of said Act of 1927 the following sentence: Reference to jury trials contained in this Section is reference to trials of civil causes only, so that said Section when so amended shall read: Sec. 11 amended. Section 11. Be it further enacted, that every case in said municipal court shall be tried by the presiding judge or judges thereof without a jury, unless a written demand for trial by jury is filed in said court by the plaintiff or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, and by the defendant or his attorney on the day upon which he is required to appear in court in response to proceedings against him. Upon the failure of a party to demand a trial by jury, in manner aforesaid, he shall be held to have waived such right; provided, however, that when neither party demands a jury trial the presiding judge or judges of said court shall have the right, on his or their own motion and in his or their discretion, to refer any cause involving an issue of fact to a jury for trial in the same manner as demanded by either party. Reference to jury trials contained in this Section is reference to trials of civil causes only. To read. Trial without jury. Demand for jury trial. Judge's discretion as to jury trial. In civil cases only. Section 7. Be it further enacted by the authority aforesaid, that said Act of 1915 and the Acts amendatory thereof be amended by striking from Section 12 of said Act of 1927, the language, not over three hundred dollars ($300.00),, and substituting in lieu thereof, Not over $600.00,, so that said Section when so amended shall read: Sec. 12 amended. Section 12. Be it further enacted, that in all cases tried in said municipal court in which the principal sum claimed, or the value of the property in controversy, exceeds the sum of one hundred dollars ($100.00) and is not over six hundred dollars ($600.00), either party or his counsel may make a motion for a new trial in said court, under the laws and rules and procedure governing the making of motions for new trials in the superior court.

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And on the hearing of such motion the full bench of three judges, or a majority, shall preside and determine the same. To read. New trial motions. Procedure in certain cases. Section 8. Be it further enacted by the authority aforesaid, that the Act approved August 27, 1929 (Georgia Laws 1929, page 470) be amended by striking the language over three hundred dollars where the same appears in Section 1 of the Act approved August 27, 1929 (Georgia Laws, page 470 at page 471 and 472), and substitute in lieu thereof, does not exceed six hundred dollars ($600.00), so that said Section when so amended shall read: Sec. 1, act of 1929, amended. Section 1. Be it enacted by the authority aforesaid that each party filing a suit or proceeding of any character in said Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred dollars ($100.00) and does not exceed six hundred dollars ($600.00), shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of three dollars ($3.00) on account of the costs of the suit; provided, however, that the said deposit shall not be required of any who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same and unable to pay the costs or to give bond therefor, and provided further, that if the party making the deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the cost against the losing party defendant shall be refunded to the party depositing the same, after all costs have been paid. If the party filing such pauper affidavit shall prevail in such suit or proceedings, the full costs of the suit or proceedings shall be taxed and collected from the other party. To read. Cost deposits; when required in certain cases. When refunded. Taxing costs. Section 9. Be it further enacted by the authority aforesaid, that the said Act of 1929 be further amended by striking from Section 3 of said Act of 1929 the language, is not over three hundred dollars ($300.00) and substituting in lieu thereof, does not exceed six hundred dollars ($600.00), so that said Section when so amended shall read: Sec. 3 amended. Section 3. Be it further enacted by the authority

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aforesaid that all civil cases or proceedings in the Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred dollars ($100.00) and does not exceed six hundred dollars ($600.00) shall be commenced at least ten days before the first day of the term to which they are returnable, and the process shall be served on the defendant at least ten days before the first day of said term. To read. Commencement of certain civil cases. Section 10. Be it further enacted by the authority aforesaid, that the said Act of 1929 be further amended by striking from Section 4 of said Act of 1929 the language, is not over three hundred dollars ($300.00), and substituting in lieu thereof, does not exceed six hundred dollars, so that said section when amended shall read: Sec. 4 amended. Section 4. Be it further enacted by the authority aforesaid, that all attachments in the Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred dollars ($100.00) and does not exceed six hundred dollars ($600.00), returnable to the said municipal court, shall be triable at the first term after service, if served at least ten days before the first day of such term. The declaration in attachment shall be filed on the first day of such term, and all answers, demurrers, and other defenses thereto shall be filed in said court on the first Monday after the first day of the term in the term to which said attachment is made returnable, or else the said cause shall be marked in default on said first Monday, and a verdict or judgment may be taken. After any such case is marked in default, or after a verdict or judgment shall have been taken or entered by reason of such default, the judge of said court may within ten days set aside such default or set aside such verdict or judgment, upon application duly made, for good and sufficient cause shown, and upon payment of costs by the applicant, and upon the applicant filing immediately his defense and announcing ready for trial. To read. Attachments in certain cases. Practice and procedure. Section 11. Be it further enacted by the authority aforesaid, that the said Act of 1929 be further amended by striking from Section 5 of said Act of 1929 the language,

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not over three hundred dollars ($300.00), and substituting in lieu thereof, does not exceed six hundred dollars ($600.00), so that said Section when amended shall read: Sec. 5 amended. Section 5. Be it further enacted by the authority aforesaid that section 6 of the above stated Act approved August 20, 1927, be and the same is hereby amended by striking the following words where they appear in the 19th, 20th and 21st lines of said Act: and all cases so marked shall be ripe for trial and judgments, and inserting in lieu thereof the following words: and on the first Monday thereafter a verdict or judgment may be taken or entered by reason of said default, without the case being assigned for trial or proof being required, so that section 6 as amended shall read: Be it further enacted that the presiding judge or judges of said municipal court shall call the appearance docket on the first Tuesday in each term. (a) That in all cases in which the principal sum claimed, or the value of the property in controversy, does not exceed the sum of one hundred dollars, and in which service has been legally made, and there is no appearance or defense by the defendant or defendants, the plaintiff shall be entitled to judgment for the amount of his claim, or the value of the property in controversy, whether verified or unverified, on the call of the docket and without the case being assigned for trial or proof. (b) That in all cases in which the principal claimed, or the value of the property in controversy, exceeds one hundred dollars ($100.00) and does not exceed six hundred dollars ($600.00), and in which service has been legally made, and no answer or defense has been filed by the defendant or defendants on the first day of the term, the presiding judge or judges, on the call of the appearance docket, shall mark cases In default, and on the first Monday thereafter a verdict or judgment may be taken or entered by reason of said default, without the case being assigned for trial, or proof being required. After rendition of final judgment in a case so marked in default, the right of opening such default shall terminate, unless by order of the court, or by consent of parties or counsel of record, evidenced by a written stipulation filed with clerk of said court. To read. Call of appearance docket. Judgment without trial in certain cases. Judgment after default and trial in other cases. Marking In default. Opening.

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Section 12. Be it further enacted by the authority aforesaid that the said Act of 1929 be further amended by striking from Section 6 of said Act of 1929 the language, is not over three hundred dollars ($300.00), and substituting in lieu thereof, does not exceed six hundred dollars ($600.00), so that said Section when so amended shall read: Sec. 6 amended. Section 6. Be it further enacted by the authority aforesaid that in all civil cases or proceedings in the said Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred dollars ($100.00) and does not exceed six hundred dollars ($600.00) the cost which shall be collected by the clerk of said court shall be as follows, to wit: To read. Costs in certain cases. Filling and docketing suit $1.00 Copying and issuing process 1.00 Each copy after first copy .50 Filing each defendant's pleas .50 Filing demurrer .50 Affidavit, filing or taking .50 Issuing original subpoenas, 15c each .15 Recording judgment or verdict on minutes 1.00 Recording proceedings (per 100 words) .15 Recording each order on minutes .50 Issuing and docketing executions .60 Filing garnishee's answer .50 For issuing affidavits, bonds in attachment 1.00 Filing declaration in attachment 1.00 Filing affidavit and bond in garnishment 1.00 For issuing summons of garnishment .50 For each additional copy of garnishment .25 For accepting bond to dissolve garnishment .50 Filing and recording judgment in garnishment 1.00 Issuing release in garnishment .50 Filing motion for a new trial, and order 1.00 Filing brief of evidence and order 1.00 Filing charge of court and order 1.00 For copy of bill of exceptions 1.00 Certificate under seal 1.00 Accepting and approving supersedeas bonds .50

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Filing exception pendente lite and order 1.00 Filing each appeal 1.00 Commissioner's fees for each witness 2.00 Filing mortgage foreclosure, up to levy 3.00 Short order of sale with order 1.00 Sheriff or bailiff for serving of each process or writ on defendant 2.00 Sheriff or bailiff serving each subpoena .30 Sheriff or bailiff for serving each garnishment 1.00 Sheriff or bailiff for levying attachment 2.00 Sheriff or bailiff for accepting bonds 1.00 For each levy on fl. fa 2.00 For search and return of nulla bona 1.00 Commissions on all sales 3% For making out and executing titles to land 3.50 If presented by purchaser 1.00 For executing bill of sale to personal property, when demanded 1.00 For setting each execution in hand without sale 1.00 For each distress warrant issuing, including filing and docketing 3.00 For posting notices of sale of personal property (each notice) .50 For service and return of each distress warrant 3.00 For dismissal or settlement of distress warrant 1.00 Deposit required at the time of the filing or commencement of suit or proceeding, on account of the cost of the suit 3.00 Section 13. Be it further enacted that the Act of March 27, 1937 (Georgia Laws 1937, page 1203) be amended by striking the language does not exceed the principal sum of ($100.00) one hundred dollars, and substituting in lieu thereof, does not exceed six hundred dollars ($600.00), where the same appears in Section 3 of the Act approved March 27, 1937 (Georgia Laws 1937, page 1203 at Page 1206-1207) and by striking the language for more than three hundred dollars ($300.00), and substituting in lieu thereof for more than ($600.00) six hundred dollars, so that said Section when so amended shall read: Sec. 3, act of 1937, amended. Section 3. Be it further enacted by the authority aforesaid, That the jurisdiction of the Municipal Court

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of Savannah as to civil and criminal matters shall in all respects be the same as the jurisdiction of justices' courts in the County of Chatham at the date of the passage of this Act, and in addition thereto, the said court shall have jurisdiction in trover and in bail trover proceedings in which the value of the property sued for, exclusive of hire, does not exceed ($600.00) six hundred dollars, and also have jurisdiction of actions to recover penalties which may be sued for under the laws of Georgia, but in no case shall said court have jurisdiction to render judgment for more than six hundred dollars ($600.00), exclusive of interest, and said court shall have jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law when such cases shall have origin in said court by virtue of warrants issued in said court. To read. Jurisdiction. Amounts increased. Section 14. Be it further enacted that the Act of March 1937 (Georgia Laws 1937, page 1203) be amended by striking from Section 7 of said Act of 1937 the language is not over three hundred dollars ($300.00) and substituting in lieu thereof, does not exceed ($600.00) six hundred dollars, so that said Section when so amended shall read: Sec. 7 amended. Section 7. Be it further enacted, That Section 3 of the amendatory Act of August 17, 1929 (Georgia Laws of 1929, page 473) be and the same is hereby amended by striking from the last phrase thereof ten days and substituting therefor seven days, so that said section, as amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That all civil cases or proceedings in the Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred ($100.00) dollars and does not exceed six hundred dollars ($600.00) shall be commenced at least 10 days before the first day of the term to which they are returnable, and the process shall be served on the defendant at least seven days before the first day of said term. To read. Commencement of certain cases. Section 15. Be it further enacted by the authority aforesaid that Section 1 (16) of the Act of the General Assembly

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of Georgia approved March 9, 1933 entitled an Act to amend the several Acts creating and relating to the Municipal Court of Savannah (Acts of 1933, page 357, at page 359) be and the same is hereby amended so that the Substitute Section 16 of Section 1 of said Act will read as follows: Subsection (16) of sec. 1, act of 1933, amended. Section 16. That on and after the passage of this Act, the County Commissioners of Chatham County and ex-officio judges thereof be and they are hereby empowered and directed to fix, regulate and pay out of the treasury of said County the salaries of the Associate Judges of the Municipal Court of Savannah; provided, however, that said salaries shall not be fixed at less than Five Thousand ($5,000.00) Dollars per annum for each of the Associate Judges of said Court. To read. Salaries of Associate Judges. (a) Be it further enacted that Section 15 of the Act of the General Assembly of Georgia relating to the said Municipal Court of Savannah (Acts 1927, page 455, at page 462) approved August 20, 1927, be and said Section is hereby amended, revised, and altered so that said Section 15 as so amended shall read as follows: Sec. 15, act of 1927, amended. Section 15. Effective January 1, 1948 the Chief Judge of the Municipal Court of Savannah shall receive a salary of Seven Thousand and Two Hundred ($7,200.00) Dollars per annum, which shall be paid in monthly installments by the proper authorities, the County Commissioners of Chatham County, who are hereby authorized and directed to pay the same as aforesaid out of the treasury of Chatham County. To read. Salary of Chief Judge. Section 16. Be it further enacted by the authority aforesaid that the Sections of this Act are enacted separately and if any Section shall be declared unconstitutional by any court the same shall not vitiate or in any manner affect any other Section or Sections of this Act, which shall remain in full force and effect. If part unconstitutional. Section 17. Be it further enacted by the authority aforesaid, that this Act shall become effective January 1, 1948, provided the City Court of Savannah shall not be in existence on that date. In the event said City Court of Savannah shall continue to be in existence on and after said date, the provisions of this Act shall be null and void and of no effect. Date and condition of Act becoming effective.

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Section 18. Be it further enacted that the Chief Judge of the said Municipal Court of Savannah shall provide for the employment of a Court Reporter to take the testimony in all criminal trials conducted in said Court under the same rules as apply to the City Court of Savannah at the time of the passage of this Act, or that are now, or hereafter provided by law with respect to the trial of misdemeanor cases under the laws of Georgia; and the expense connected with the employment of such Court Reporter shall be paid by the same authorities and in the same manner as provided by law at the time of the passage of this Act in the case of the Court Reporter for the City Court of Savannah. Court Reporter. Section 19. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act, whether they be special or general laws, be and the same are hereby repealed. Approved March 27, 1947. COUNTIES AND HIGHWAY DEPARTMENTSURVEYS ACROSS LANDS OF OWNERS. No. 261 (House Bill No. 459). An Act to grant to the various Counties of the State of Georgia and the State Highway Department of Georgia the right and authority to make surveys for road purposes across the lands of property owners for the purpose of locating contemplated public roads and highways, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act the various Counties of the State of Georgia and the State Highway Department of Georgia shall have the right and authority to make surveys across the lands of the property owners for the purpose of locating contemplated public roads and highways. Right to make granted, to locate public roads, etc. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947.

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EAST POINT CHARTER AMENDMENTSALARIES, ALDERMEN AND MAYORREFERENDUM. No. 262 (House Bill No. 463). An Act to amend an act entitled An Act to Create a New Charter for the City of East Point in the County of Fulton (Georgia Laws p. 862 et seq.), etc., approved August 19, 1912, and the several acts amendatory thereof, so as to provide that the salary of city alderman shall be fixed by the City Council, and shall not be in excess of $100.00 per month; to provide that before this act shall become of force it shall have the approval of the majority of the qualified voters of said city voting at an election to be called for that purpose by the City Council of East Point; 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 15 of an act approved August 19, 1912 (Georgia Laws 1912, p. 872) as amended by Section 15 of an act approved August 24, 1939 (Georgia Laws 1939, pp. 1023-1024) as amended by Section 2 of an act approved February 20, 1945 (Georgia Laws 1945, p. 689) providing for salaries for mayor and aldermen for the City of East Point be and the same are hereby repealed, and there is hereby enacted in lieu thereof the following: Sections of acts of 1912, 1939, and 1945 repealed. Each alderman of the City of East Point shall receive an annual salary to be fixed by the City Council of East Point at the reorganization meeting in January in each year, and not in excess of $1200.00 payable in twelve equal monthly installments of not exceeding $100.00 each, said monthly installment payments shall be made at the end of each calendar month; provided, however, that no person shall receive any of said monthly installments for any month in which such person has not served any part of such calendar month as an alderman: provided, further, salaries already fixed at the date of approval of this act by the Governor of Georgia shall remain unaltered until the reorganization meeting of the City Council of East Point in January, 1948. New section. Salary, Aldermen. The mayor of said city shall receive an annual salary to be fixed by the City Council of East Point at the same

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time aldermen's salaries are fixed, payable in twelve equal monthly installments each monthly installment to be paid at the end of the calendar month; provided no one shall ever receive any monthly installment for any month in which such person has not served any part of such calendar month; provided, salaries for 1947 shall not be affected by this amendment. Salary, Mayor. Section 2. Be it further enacted that before the provisions of this act shall become operative the same shall be submitted to the qualified voters of the City of East Point at an election to be called by the City Council of East Point for such purpose, and if a majority of those voting at said election approve this act, then each and all of its provisions shall become of force, but if a majority of those voting at said election shall fail to approve this act the same shall remain inoperative. At said election those voting in favor of this act shall have written or printed on their ballots the words For Alderman Salary Increase, and those voting against this act shall have written or printed on their ballots the words Against Alderman Salary Increase. Said election shall be held in the same manner that elections for mayor and aldermen are held, insofar as the rules and regulations governing such elections are applicable, and the managers of such election shall make their returns to the City Council of East Point which shall receive the same and declare the results thereof, which shall be entered on the minutes of the City Council of East Point. The City Council of East Point is authorized to fix the date for said election at such time as it may deem proper within not less than sixty days nor more than ninety days from the date of approval of this act by the Governor of Georgia, and to give such notice of the time and place of such election as in the judgment of the City Council of East Point is proper. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 27, 1947.

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BRUNSWICK CORPORATE LIMITS EXTENDEDREFERENDUM. No. 263 (House Bill No. 474). An Act To amend the charter of the City of Brunswick in the County of Glynn; to extend the present corporate limits of said city so as to include therein certain territory in the County of Glynn contiguous to and north, northwest and west thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in such territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city, enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing the voting qualifications of the inhabitants of said territory in all elections, general and special, held in said city next before the date of the actual inclusion of said territory within the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Brunswick in the County of Glynn be, and it is, hereby amended as follows: Section 1. That the present corporate limits of the City of Brunswick hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain territory in the County of Glynn contiguous to and north, northwest and west of such present corporate limits as is comprised within the following boundary lines, to wit: All that certain area within the County

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of Glynn and State of Georgia, lying north of and adjacent to the present corporate limits of the City of Brunswick (which present corporate limits are fully described in Georgia Laws 1937, pages 1517-1519, approved February 11, 1937) described and bounded as follows, to wit: Beginning at the point where the present northern boundary line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, surveyors, and reported on the 19th day of September, 1896, by said surveyors to the Mayor and Council of the City of Brunswick, and by said Mayor and Council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said City intersects the waters of Back River at a certain creek, commonly called Dart's Narrows, or Cut, and running thence northerly along the center line of the waters of Back River to a point where a line parallel to and one (1) mile northerly from the easterly portion of the present northerly line of the corporate limits of said city intersects the center line of Back River; thence running westerly in a straight line along a line parallel to and one (1) mile northerly from the present easterly portion of the Wylly and Meader northerly line of the corporate limits of said City to the point where said line (which is parallel to and one mile northerly from the easterly portion of the Wylly and Meader northerly corporate limit line) intersects the center line of the old Brunswick-Altamaha Canal; thence running southerly along the said center line of the said Brunswick-Altamaha Canal to the point where the present northerly line of the corporate limits of said City intersects said center line of said Canal just northwest of Palmetto Cemetery; thence running easterly, southerly and easterly along the said present northerly line of the corporate limits of said City to the point or place of beginning. Extension of corporate limits. Section 2. That the inclusion within the corporate limits of said city of the territory above described shall not become effective until referendums elections held in said city and in said territory, in accordance with the provisions hereinafter set forth, have resulted in a vote favoring such annexation. Not effective until referendum votes favor. Section 3. That the Commission of the City of Brunswick, at a regular or special meeting, shall, by adoption

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of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon a day named in said resolution, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said Commission shall be held under the same rules and regulations governing general and special elections, and at the same place, as elections for members of said Commission are held. How City election shall be called. Section 4. That the Ordinary of Glynn County shall submit to the qualified voters residing within the territory above described, by giving the notice provided for in Section 9 hereof, the question of the inclusion of said territory within the corporate limits of said city by ordering a referendum election to be held on the same day as the city election above provided for. The Ordinary shall provide two polling places for voters in said territory, so located in said territory as the Ordinary may deem convenient for the voters therein. In locating said polling places the Ordinary shall designate a boundary line, and voters residing north of said line shall vote at the northernmost polling place, and voters residing south of said line shall vote at the southernmost polling place. He shall appoint three managers for each ballot box at said polling places, the managers to be sworn by the Ordinary or a Notary Public to manage said election. Voting booths shall be used at said polling places and the laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Election by voters in territory to be annexed. Procedure. Section 5. At said election in said territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory for at least three months next preceding the day of said election shall be permitted to vote. Only qualified voters of county to vote. Section 6. That lists of the qualified voters in said territory proposed to be annexed shall be prepared, purged and supplemented in accordance with the provisions relating to general and special elections, as contained in the Code of Georgia of 1933, Chapter 34-4, and other applicable statues of Georgia; provided, that the preparation, purging and supplementing of said voters' lists shall be limited

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to voters residing in said territory proposed to be annexed. No person shall be a qualified voter in said election held in the territory proposed to be annexed whose name does not appear upon said list of registered voters in this section provided for. Voters' list in new territory. Section 7. In cases of challenge of any voter, or upon their own motion, the said managers or either of them may require any voter to swear that he has resided within the territory where he offers to vote continuously for three months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. Challenges; voter's oath. Section 8. The managers of said election in said territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election, and shall deliver to the Ordinary the sealed ballot boxes, ballots, tally sheets and lists of voters. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the Ordinary the result of the election. Procedure after election in such territory. Section 9. The two elections herein provided for shall be held within not less than ninety (90) days and not more than one hundred and fifty (150) days from the date of the approval of this Act by the Governor. The polls within the city and in the territory proposed to be annexed shall open at six (6) o'clock, A. M. and close at seven (7) o'clock P. M., Eastern Standard Time. After the passage of this Act and its approval by the Governor, and prior to the date of said elections, the Secretary of the Commission of the City of Brunswick shall cause the entire Act to be published one time in the newspaper in said city in which advertisements of sheriff's sales in Glynn County are published. Notice of said election shall be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the Ordinary and the Secretary of the Commission of the City of Brunswick, and shall set forth the date of the elections, the hours for voting and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of this Act shall be

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kept on file by the Ordinary and the Secretary of the Commission of said City prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times. Time and procedure of two elections. Notice. Section 10. The general form of ballot and the method of voting to be used in said two elections shall comply as nearly as practical with the form and method set forth in the Act of the General Assembly of Georgia approved March 20, 1943, contained in Georgia Laws 1943, pages 290 and 291. The ballot shall show the purpose of the elections by general reference to this Act, and shall have plainly printed thereon the words For Annexation and Against Annexation. Voters favoring annexation shall strike from the ballot the words Against Annexation, and voters opposing annexation shall strike from the ballot the words For Annexation. Ballots in two elections. Section 11. The managers of the election held in the City of Brunswick shall at noon of the day following said election, or as soon thereafter as practicable, certify to the Commission of the City of Brunswick, at a regular or special meeting, the result of said election in the city; and the Mayor of said City and Ordinary shall consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of all votes cast in said election both inside and outside the city favor annexation (and said votes shall be consolidated separately as to those within the city and those outside the city in the territory to be annexed), then the Ordinary and the Mayor of said city shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Brunswick shall be extended on December 31, 1948, so as to include the territory within the boundaries hereinbefore described, and said territory shall on December 31, 1948, become a part of said City of Brunswick and subject to all the laws and ordinances governing the same. If on consolidating the votes cast in said elections a majority of the total votes cast either within the City or in the territory to be annexed are against annexation (and such votes shall be consolidated separately as to those cast within the city and those cast outside said city), then the

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Ordinary and the Mayor of said city shall make a joint proclamation of such results, and the corporate limits of said City shall not be extended to include the territory sought to be annexed. The consolidation of the votes in said election and the proclamation of the Mayor and Ordinary shall be entered on the minutes of the Commission of said City and on the minutes of the Court of Ordinary of Glynn County. Procedure after elections. Section 12. That at all elections, including special elections held next before the date upon which said territory proposed to be annexed becomes a part of the City of Brunswick (and the election for annexation has resulted in approval of annexation), those residents of said territory proposed to be annexed shall be qualified voters in any and all elections of said City, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of such 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. Other provisions as to voters and city registrars' list. Section 13. That the entire expense of the two elections herein provided for, to be held within the City and in the territory proposed to be annexed, shall be paid by the City of Brunswick. The Ordinary shall certify to the Treasurer of the City the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election and to the board of county registrars in purging and compiling the list of qualified voters in said territory, together with other reasonable expenses usually incident to elections. Expense of elections. Section 14. That should any person vote in said election who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension) who has not continuously resided in the territory where he votes for at least three months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof shall be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. Illegal voting, punishment. Section 15. That if the vote of the two elections provided

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for herein is in favor of said annexation, then between the date of the proclamation of the result of said elections, and the date when said territory actually becomes part of said City, the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said City. Taxation, etc., after favorable vote. Section 16. That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Approved March 27, 1947. MEIGS CORPORATE LIMITS EXTENDEDREFERENDUM. No. 264 (House Bill No. 475). An Act to amend charter of Town of Meigs in the Counties of Thomas and Mitchell approved August 24, 1905; as amended 1913, Georgia Laws 1059; 1921 Georgia Laws 1019; 1937-38 Georgia Laws 1211, so as to provide for extension of the present corporate limits of said Town and so as to prescribe the eligibility for election of members of the council and mayor. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that the Charter of the Town of Meigs in the Counties of Thomas and Mitchell as created by an Act of Legislature approved August 24, 1905; as amended 1913 Georgia Laws 1059; 1921 Georgia Laws, 1019; 1937-38 Georgia Laws 1211; Amended act of 1905 amended. Be and the same is hereby amended as follows: By striking out all of Section Two of said Act and substituting therefor the following: Sec. II stricken.

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Sec. II. Be it enacted by the authority aforesaid that the corporate limits be and are as follows: New section. The corporate limits of said town of Meigs shall extend one mile in every direction from the center of the present site of the depot of the A. C. L. Railroad in said town so as to include all the territory in every direction within the radius of one mile from the center of the depot site aforesaid. Corporate limits. Section II. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that the Charter of the Town of Meigs in the Counties of Thomas and Mitchell as above created is further amended as follows: By striking all of Section Five in the amendment of August 16, 1913 Georgia Laws 1913, page 1059. Sec. 5, act of 1913, stricken. Section III. The approval or disapproval of this Act shall be made by qualified voters of all territory now lying in the incorporated limits of the Town of Meigs and the territory which this bill seeks to add thereto in a referendum. The city officers of the Town of Meigs shall within twenty days after the passage and approval of this Act, call an election to be held not later than 90 days after the passage of this Act, for the purpose of submitted to the qualified voters the approval or disapproval of this Act. Written notice of the election shall be given by the town officers by publishing the same in the newspaper of the county wherein legal advertisements for the City of Meigs are run. All persons who are qualified to vote who reside within the Town of Meigs and within the Territory added by this Act, shall be qualified voters and entitled to participate in the referendum. The town officials of Meigs shall consolidate the vote and declare the result of the election and enter their order declaring the results upon the minutes of the town. Should a majority of the qualified voters voting in the election vote in favor of this Act, the same shall become of force and effect at the time of declaring the results of the election. Should a majority of those voting vote against the Act, the act shall be null and void and of no force or effect. The officers of the town of Meigs shall cause to be prepared ballots to be used in the election and the ballots shall have printed thereon the

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words For the Act extending the territorial limits of the Town of Meigs and Against the Act extending the territorial limits of the Town of Meigs. Referendum. Section IV. All laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved March 27, 1947. CORONERS' FEESINCREASE IN CERTAIN COUNTIES. No. 265 (House Bill No. 476). An Act to increase the fees of coroners for services in connection with the holding of inquests in counties having a population of not less than 19,618 and not more than 19,700 according to the United States census of 1940; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That in all counties of this state having a population of not less than 19,618 and not more than 19,700 according to the United States census of 1940, the fees of coroners for summoning a jury and holding an inquest upon a dead body and rendering an inquisition shall be $20.00. Counties affected. Fees. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1947. CHARLTON COUNTY COMMISSIONERSAMENDMENTS. No. 266 (House Bill No. 447). An Act To amend an Act approved August 4, 1927, Georgia Laws 1927, pp. 529-540, being an Act to create a Board of Commissioners of Roads and Revenues for the County

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of Charlton, as amended by an Act approved March 27, 1941, Georgia Laws 1941, pp. 810-813, by striking from the 1927 Act Section 2 in its entirety as rewritten and amended by the 1941 Act and by substituting in lieu thereof a new Section rearranging and reducing the road districts; and by striking from line 5 of Section 1 of the 1927 Act as rewritten by the 1941 Act the word and figure six (6) and substituting in lieu thereof the word and figure three (3), and to provide how said Section 1 of the 1927 Act as now amended shall read; to provide that this Act shall take effect January 1, 1949, when the term of the three members expire and that the remaining three members whose terms expire January 1, 1952, shall serve as the three members of said Board until said time; by striking from the 1927 Act Section 8 in its entirety and by substituting in lieu thereof a new Section so as to fix the salary of the Commissioners at fifty ($50.00) dollars per month; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved August 4, 1927, Georgia Laws 1927, pp. 529-540, being an Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton, as amended by an Act approved March 27, 1941, Georgia Laws 1941, pp. 810-813, be amended by striking from Section 1 of the 1927 Act as the same was rewritten and amended by the 1941 Act and from line five thereof the word and figure six (6) and by substituting in lieu thereof the word and figure three (3) so that said Section as amended by this Act shall read as follows: Amended sec. 1, act of 1927, amended. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Charlton, in said State, is hereby created to consist of three (3) members who shall be qualified voters of said county. To read. Three Commissioners. Section 2. That the Act approved August 4, 1927, Georgia Laws 1927, pp. 529-540, being an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton as amended by an Act approved March 27, 1941,

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Georgia Laws 1941, pp. 810-813, be and said 1927 Act is hereby amended by striking in its entirety Section 2 of said Act as the same was amended and rewritten by the 1941 Act and by substituting in lieu thereof a new Section 2 to provide as follows: Sec. 2 stricken. Sec. 2. Be it further enacted by the authority aforesaid, that, for the purpose of this Act, the County of Charlton, shall be divided into three road districts as follows: The Uptonville and Winokur Militia Districts shall constitute Road District Number One (1); the Folkston and Trader's Hill Militia Districts shall constitute Road District Number Two (2); That Saint George and Moniac Militia District shall constitute Road District Number Three (3); and one Commissioner shall be elected for each road district from the territory in such road district, but the voters of the entire county shall vote for candidates for Commissioners in both the primary and general election. New section. Three road districts. Commissioner for each. Election. Section 3. That the Act approved August 4, 1927, Georgia Laws 1927, pp. 529-540, being an Act to create a Board of Commissioners of Roads and Revenues for the County of Charlton be, and said Act is hereby amended by striking therefrom in its entirety all of Section 8 and by rewriting said Section, so that said Section 8 of said Act as amended and rewritten shall read as follows: Sec. 8 stricken. Be it further enacted by the authority aforesaid, that the three Commissioners shall each receive a salary of fifty ($50.00) dollars per month to be paid from county funds. New section. Salary. Section 4. This Act shall become effective January 1, 1949, at which time the term of office of three members of the present board expires. The following named members of the present board, to wit: E. Bell, Harvey Thrift and Alton Carter, whose present terms of office expires January 1, 1952, shall constitute the three member board of Commissioners of Roads and Revenues as herein provided for until January 1, 1952. Their successors shall be elected at a general election to be held on Tuesday, after the first Monday in November, 1951, and their term of office shall be for four years and until their successors are elected and qualified. Date effective. Board named. Successors.

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Section 5. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. CIVIL COURT OF FULTON COUNTYAMENDMENTSCHIEF JUDGE'S SALARYCITY COURT JUDGES PRESIDING. No. 267 (House Bill No. 471). 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 2nd, 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 certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all Justice Court and the Office of Justice of the Peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of Constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, approved August 20, 1913, and the several acts amendatory thereof, particularly Section 16 of said original Act as amended by the Act approved January 31, 1946, so as to increase the salary of the Chief Judge of said court and also particularly Section 15 of said original Act as amended by the Section 3 of the amendatory act approved March 28, 1935, so as to authorize and empower the judges of the various city courts in this State to preside in said Civil Court of Fulton

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County in the event one or more of the judges of the Civil Court of Fulton County is providentially prevented from presiding; to provide for the payment of the expenses of such City Court Judges out of the treasury of Fulton County and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after April 1, 1947, 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 2nd, 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 certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of Constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, and the several acts amendatory thereof, particularly Section 16 of said original Act as amended by the Act approved January 31, 1946, be and the same is hereby amended by striking said Section 16 as so amended and substituting in lieu thereof a new section to be known as number 16 and to read as follows: Acts of 1913, 1935, and 1946 amended. Amended sec. 16 stricken. Section 16. The annual salary of the Chief Judge of said court shall be nine thousand $9000.00) dollars and the annual salary of the associate judges of said court shall be eighty-five hundred ($8500.00) dollars, 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

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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. New section. Salaries, Chief Judge and other Judges. Section 2. Be it further enacted by the authority aforesaid that said Act as amended, particularly Section 15 as amended by the Act approved March 28, 1935, be and the same is hereby further amended by adding at the end of said section the following to wit: Amended sec. 15 amended. Addition. The judges of the various city courts in this State shall be and are hereby empowered and authorized, upon the request of the Chief Judge of the Civil Court of Fulton County, to preside in any division of said Civil Court in the event one or more of the judges of the Civil Court of Fulton County is providentially prevented from presiding. Such city court judge while presiding in the Civil Court of Fulton County as aforesaid may exercise all the powers, duties and functions devolving upon the judge in whose stead he is presiding and shall be entitled to his actual and necessary expense incurred in rendering such service which shall be paid out of the Treasury of Fulton County 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. When City Court Judges may preside. Powers, expenses. So that said Section 15 when so amended will read as follows: Sec. 15. Whenever it may be necessary by reason of the disqualification of any judge or judges of said court in any case pending therein, the chief judge of said court may appoint any qualified attorney or attorneys-at-law to act as judge or judges pro hac vice, who shall exercise all the functions of a judge in that case. The judges of the various city courts in this State shall be and are hereby empowered and authorized, upon the request of the Chief Judge of the Civil Court of Fulton County, to preside in any division of said Civil Court in the event one or more of the judges of the Civil Court of Fulton County is providentially prevented from presiding. Such city court judge while presiding in the Civil Court of Fulton County as aforesaid may exercise

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all the powers, duties and functions devolving upon the judge in whose stead he is presiding and shall be entitled to his actual and necessary expense incurred in rendering such service which shall be paid out of the Treasury of Fulton County 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. Section to read. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. EAST POINT LIMITS EXTENDEDREFERENDUM. No. 268 (House Bill No. 473). An Act to amend an Act entitled An act to create a new charter for the City of East Point in the County of Fulton (Georgia Laws 1912, pp. 862 et seq.) etc. approved August 19th, 1912, and the several acts amendatory thereof, so as to annex all of Land Lots 167 and 186 and part of Land Lot 154 of the 14th District of Fulton County west of Main Street and north of said city, and all of Land Lots 195, 196, 197, 198, 199 and part of Land Lots 194, 221, 222, and 223 in said 14th District of Fulton County and west of the present city limits; to attach a part of said annexed area to the First Ward in said city and to attach the remainder of said annexed area to the Second Ward of said City; to fix the dividing line between the part attached to said First Ward and the part attached to said Second Ward; to provide that before this act shall become of force it shall have the approval of a majority of the qualified voters who shall have been bona fide residents of the area hereby annexed at least six months next preceding the passage of this act, voting at an election to be called for that purpose by the City Council of East Point; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the city limits of the City of East Point be and are hereby extended to embrace the territory and inhabitants therein located in the 14th District of Fulton County, Georgia, within a boundary line commencing at a point on the west line of Land Lot 191 at the southwest corner of the present City of East Point city limits, and extending thence south 115 feet, more or less, to a point 220 feet south of the southwest corner of Land Lot 191 and the present city limits of the City of College Park; thence running west parallel with the north line of Land Lots 194 and 223 to a point 200 feet west of the west line of Land Lot 194; thence north parallel with and 200 feet west of the west lines of Land Lots 194, 195, and 196 to the north line of Land Lot 221; thence east along the north line of Land Lot 221 a distance of 200 feet to the southwest corner of Land Lot 197; thence north along the west line of Land Lots 197, 198 and 199 to the northwest corner of Land Lot 199; thence east along the north line of Land Lots 199 and 186 a distance of 4700 feet, more or less, to a point 200 feet northwest of the northwest side of the Campbellton Road; thence northeastwardly parallel with and 200 feet northwest of the northwest side of said Campbellton Road 2900 feet, more or less, to a point 1550 feet east of the west line of Land Lot 168; thence south 1240 feet, more or less, to a point on the north line of Land Lot 167 Fifteen Hundred and Fifty feet east of the northwest corner of Land Lot 167; thence east along the north line of Land Lots 167 and 154 to a point on the north line of Land Lot 154 Twelve Hundred and Forty-One and seven-tenths feet east of the northwest corner of Land Lot 154 to the property of the United States; thence south 1700 feet along said property of the United States to a point; thence east 1593 feet along the south line of said property of the United States to a point on the east line of Land Lot 154; thence south 1241 feet, more or less, along the east line of Land Lot 154 to the southeast corner of Land Lot 154 and the present City of East Point city limits; thence west along the present north line of the city limits of the City of East Point to the northwest corner of Land Lot 187; thence south along the present west line of the

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City of East Point city limits to the point of beginning, said area being all of Land Lots 167, 186, 195, 196, 197, and 198 and parts of Land Lots 154, 168, 185, 194, 221, 222 and 223. City limits extended. Section 2. All of said territory and the inhabitants thereof mentioned in Section 1 of this act are hereby annexed to and made a part of the City of East Point, a municipal corporation of Fulton County, Georgia, subject to the government, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city has heretofore exercised over the territory and inhabitants embraced within the present territorial limits of said city. Territory annexed, made part of City. Section 3. All of the territory hereby annexed to the City of East Point north of the south line of Land Lot 197 and north of the present City of East Point city limits and west of Main street is hereby annexed to and made a part of the First Ward of said city, and all of the territory south of said south line of Land Lot 197 annexed by this charter amendment is hereby made a part of the Second Ward of said city. First Ward. Second Ward. Section 4. All of the laws, ordinances, rules and regulations and all of the power and authority, rights and jurisdiction of the City of East Point heretofore exercised or possessed within the territory heretofore embraced within the present limits of the City of East Point to open, extend, widen, close, repair, improve, and pave streets, sidewalks, lanes, alleys and roads; to lay pipe, furnish water, furnish electric light and power; to levy, assess and collect taxes; to lay sewers; to police; to zone and restrict property to certain uses and prevent other uses thereof, and to exercise any and all other rights, powers, privileges, duties, obligations and government of said City of East Point with respect to its inhabitants and their rights and all others affected by the exercise of any such powers, rights, duties, obligations, or jurisdiction including the exercise of the power of eminent domain, is hereby extended over all of the territory and inhabitants hereby annexed to the City of East Point. City's powers as to new territory. Eminent domain. Section 5. Be it further enacted by the authority aforesaid that the City of East Point shall not appropriate such utilities as sewers, water mains, transformers, pole lines,

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reservoirs, and other electric, sewer, water, light or other utilities in said annexed area or any property rights in such utilities or any of the same which it does not already own, except upon payment of just and adequate compensation, and under no circumstances shall said city appropriate any of such properties of any private person, firm or corporation to public use without the payment of just and adequate compensation determined by private treaty if possible, and if not reasonably possible to determine what is just and adequate compensation by private treaty, then by exercise of the power of eminent domain, and this provision shall apply also to any property of any other municipal corporation; provided, however, this provision shall not imply nor mean that it shall be necessary for the City of East Point to pay any amount under this act for its joint use of facilities financed jointly by the United States and any other political subdivision of the United States, whether such other political subdivisions be the state of Georgia, or any county or municipalities of the state of Georgia. Appropriation of utilities. Just compensation. Determination. Section 6. Be it further enacted by the authority aforesaid that before the provisions of this act shall become operative the same shall be submitted for their approval to the qualified voters of the territory hereby annexed who shall have been for at least six months next preceding the passage and approval of this act by the Governor of this state bona fide residents of the territory hereby annexed at the election to be called by the City Council of East Point for that purpose within thirty days from said passage and approval of this act, said election to be held not more than ninety nor less than sixty days from said passage and approval of this act by the Governor of this state. No person shall be eligible to vote in said election except persons qualified to vote for members of the General Assembly of this state, nor unless such persons shall have also registered with the Board of Registrars of the City of East Point at a special registration for said election. Said City Council of East Point is hereby authorized and empowered to fix by ordinance the time for such special registration and to provide that persons not registered in said special registration within the time fixed by said City Council of East Point by such ordinance shall not be entitled

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to vote in said election. Said election shall be conducted in the same manner and subject to the same rules and regulations, so far as practicable, as other municipal elections are held within said City of East Point, subject to the provisions of this act; provided, that only bona fide residents who are qualified voters of the area annexed hereby and who shall have been for at least six months next preceding the approval of this act by the Governor of this state bona fide residents of such territory hereby annexed shall be allowed to vote in said special election. Voters in said election in favor of this act becoming operative shall have written or printed on their ballot the words For annexation to East Point and those voters in said election not in favor of this act becoming operative shall have written or printed on their ballot the words Against Annexation to East Point. The voting place or precinct in said election shall be at such point within the City of East Point or the territory annexed hereby as may be selected by the City Council of East Point, and such notice of the time and place of such election and special registration shall be given by the City Council of East Point as it may deem proper. The managers of said special election shall make their returns of the results of said election to the City Council of East Point which shall receive such returns and declare the results thereof and enter the same upon its minutes. The managers of such election shall be named by the City Council of East Point as in other elections in and for said city insofar as this is feasible. If a majority of those voting in said election are in favor of this act becoming operative then and in that event this act shall be and become operative and of full force and effect upon the declaration of the result of said election by the City Council of East Point, but if a majority of those voting at said election do not vote for this act to become operative, then and in that event the same shall not become operative. Said election shall be held on one day to be fixed by the City Council of East Point, and the poll for voting on the date of such election shall open at 7:00 o'clock A. M. and close at 7:00 o'clock P. M., Atlanta time. The returns from said election shall be made to the City Council of East Point at its next special or regular meeting. Referendum. Procedure.

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Section 7. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 27, 1947. GWINNETT COUNTY TREASURERSALARY AMENDMENT. No. 269 (House Bill No. 477). An Act To amend an Act entitled An Act to fix the salary of the Treasurer of Gwinnett County in lieu of commissions as paid; to pay premiums on his bond from funds of the county treasury, as amended by An Act as set out on page 861 and 862, Georgia Laws 1941, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section one of the act to fix the salary of the Treasurer of Gwinnett County as set out on pages 861 and 862, Georgia Laws 1941, be amended by striking from said section one of said Act the words: One Hundred and Fifty ($150.00) Dollars, and substituting in lieu thereof the words, Two Hundred ($200.00) Dollars, so that said section one when so amended shall read as follows: Sec. 1, act of 1941, amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the approval of this Act and annually thereafter, the compensation or salary of the Treasurer of Gwinnett County shall be Two Hundred ($200.00) Dollars per month in lieu of the compensation now received in commissions and any and all other compensation now received by the Treasurer of said County. Said Sum of Two Hundred ($200.00) Dollars, to be paid out of the Treasury of Gwinnett County, monthly, upon the warrant of the County Commissioners of said County. To read. Salary. Section 2. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that Section 2, of the Act approved March 27, 1941 as found on page 862, Georgia Laws 1941, be and the same is hereby stricken in its entirety. Sec. 2 stricken.

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Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. GLYNN COUNTY COMMISSIONERSAMENDMENTPUBLIC SCHOOL TAX. No. 270 (House Bill No. 481). An Act To further amend the act entitled An Act to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, methods of selection, terms of office, powers, authority and liability of members thereof; to provide for the filling of vacancies; for the appointment of a clerk, and his duties and authority; to provide compensation for members of the board; to provide for the publication of the minutes of the board and an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same; and for other purposes, approved February 11, 1937, and all Acts amendatory thereof, so as to authorize said Commissioners, upon the recommendation of the Board of Education of Glynn County, Georgia, to levy a tax for school purposes upon all property located within said County, including property located within the City of Brunswick, within the limits of the tax for such purposes authorized by Article VIII, Section XII, of the Constitution of the State of Georgia, adopted August 7, 1945, and to forever remove any doubt that may exist regarding the right of said Commissioners to levy such tax, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it hereby is enacted by authority of the same, in order to forever remove any doubt that may exist with

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respect to the authority of the Commissioners of Roads and Revenue of Glynn County, Georgia, upon the recommendation of the Board of Education of Glynn County, Georgia, (the independent school system of said County and City being coextensive with said County), to levy a tax upon all property located within said County, including property located within the City of Brunswick, as provided in Section XII, Article VIII, of the Constitution of the State of Georgia, adopted August 7, 1945, for the support and maintenance of the public schools in said County operated by said Board of Education, that the Commissioners of Roads and Revenue of Glynn County, Georgia, upon the recommendation of said Board of Education (the independent school system of said County and City being coextensive with said County), shall have the right to levy a tax for the maintenance and support of the public schools in said County within the limits of the tax for such purposes authorized by Article VIII, Section XII of the Constitution of Georgia, adopted August 7, 1945, upon all property located in said County, including property located within the City of Brunswick. Act of 1937 amended. Within Art. VIII, sec. XII, of Constitution. School tax. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and they hereby are repealed. Approved March 27, 1947. SOLICITATION OF VOTES AND REGULATION OF ELECTIONS IN CERTAIN COUNTIES. No. 271 (House Bill No. 486). An Act to prohibit and to regulate within the territorial limits of any County in this State having a population of between 28,390 and 29,000, according to the United States census of 1940, the solicitation of votes for any person or proposition; to prohibit loitering in the vicinity of the polls; to restrict the handing out of cards or pamphlets for any person or proposition to be voted on; to provide for police protection at the polls in the

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county outside the limitation of municipality; to provide penalties for the violation of this act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That this Act shall be applicable to all counties in this State having a population of between 28,390 and 29,000 according to the United States census of 1940. Where applicable. Section 2. That on the day before each election, general or special, in such counties as designated in Section 1 of this Act, the police department of any incorporated town of such counties and the sheriff of said counties at voting precincts situated outside of incorporated towns shall establish a point not less than 200 feet from all places selected or designated as the voting or polling place in each voting precinct in such counties, and at such measured points shall paint or mark white lines on the street or otherwise suitably designate such points, and the area within such lines or designations next to the voting or polling place shall be known as the no solicitation of votes zone on the day of election. No solicitation of votes zone at voting precincts. Section 3. Be it further enacted that it shall be unlawful for any person between the hours of 7 a. m. and 7 p. m. o'clock on the day in which an election, general or special, is held in such counties to solicit within the area designated the no solicitation of votes zone in any manner or means whatsoever other persons to vote for or against any candidate or proposition to be voted upon that day. Unlawful solicitation of votes. Section 4. Be it further enacted that it shall be unlawful for any person between the hours of 7 a. m. and 7 p. m. o'clock on the day in which an election, general or special, is held in such counties to loiter within the area designated the no solicitation of votes zone. Loitering. Section 5. Be it further enacted that it shall be unlawful for any person between the hours of 7 a. m. and 7 p. m. o'clock on the day in which an election, general or special, is held in such counties to hand out cards or

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pamphlets or to carry banners for or against any person or proposition to be voted on, within the no solicitation of votes zone. Handing out cards, etc. Section 6. Be it further enacted that it shall be the duty of the Chief of Police in incorporated towns in such counties and of the Sheriff and peace officers of such counties acting for the territory of such counties situated outside of incorporated towns on the day of each election to assign at least one police officer to be present at each voting place and each voting precinct in the territorial limits of all such counties from 7 a. m. to 7 p. m. o'clock, and such officers shall rigidly enforce the provisions of this Act. Enforcement by police and peace officers. Section 7. Be it further enacted that any person found violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by Section 27-2506 of the Georgia Code of 1933. Violations. Section 8. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947. MERIWETHER, HARRIS, AND TALBOT PLANNING DISTRICTWARM SPRINGS MEMORIAL AREA. No. 272 (House Bill No. 490). An Act To establish a Planning District for Meriwether, Harris and Talbot Counties; to provide a Planning Commission for said District; to adopt an overall plan for the orderly growth of said District; to adopt an overall plan for the orderly development for Warm Springs Memorial Area located in said counties; to define the duties and powers of said Commission; to define the relationship between said Commission and the governmental units in said counties and to define their rights, powers and duties; to grant to the governmental authorities of the counties of Meriwether, Harris and Talbot the power to pass zoning and planning laws and to

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adopt plans outlined by the Planning Commission of said counties; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That there is hereby established a Planning District including the counties of Meriwether, Harris and Talbot to be known as the Planning District of said counties and Warm Springs Memorial Area. Planning District and Memorial Area established. Section 2. That there is hereby established as a planning authority for said district and Warm Springs Memorial Area a Planning Commission. The said Commission shall be composed of nine members as follows: The Chairman of the Board of Commissioners of Roads and Revenues of Meriwether County, Harris County and Talbot County, and two citizens of Meriwether County, two citizens of Harris County and two citizens of Talbot County. Planning Commission. Section 3. The two citizens of Meriwether County shall be appointed by the Board of Commissioners of Roads and Revenues of Meriwether County. The two citizens of Harris County shall be appointed by the Board of Commissioners of Roads and Revenues of Harris County, and the two citizens of Talbot County shall be appointed by the Board of Commissioners of Roads and Revenues of Talbot County. Their term of office shall be for four years. The first members of said Board selected from the citizens of the counties shall be appointed at the first regular meeting of the Boards of Commissioners of Roads and Revenues held after the passage and approval of this Act. In case of a vacancy occurring from death, resignation, change of residence or other cause, before the expiration of the term for which any such member has been appointed a successor shall be appointed by the Board of Commissioners of Roads and Revenues of the county where the vacancy occurs for the unexpired term. Should a vacancy occur on the Commission by reason of the death, resignation, change of residence, the election of a new chairman, or any cause, the person elected and selected as chairman of the Board of Commissioners of Roads and Revenues shall succeed to and become a member of the Planning Commission hereby created. Appointment, terms, vacancies.

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Section 4. The Commission shall elect from its members a chairman, vice-chairman, secretary and treasurer, and shall adopt its own rules and procedure and rules for the conduct of its business, including rules, notice and hearing, not inconsistent with the terms of this Act. No member shall receive any compensation for his services on the Planning Commission but he shall be entitled to be reimbursed from the funds set aside to the Commission for his necessary traveling and other expenses incurred in the work of the Commission. Officers of Commission. Section 5. The Commission shall have power to receive gift, donations and any and all funds which may be set aside to it from appropriations made by the State, the National Government, or by the county boards of roads and revenues of said counties, and they shall have power to spend said funds for carrying on the work of the Planning Commission, to employ necessary clerical assistance, technical and engineering assistance and for other purposes necessary or proper to carry out the provisions of this Act. Powers; gifts, funds, etc. Section 6. The Commission each year shall adopt a budget and submit it to the Commissioners of Roads and Revenues of Meriwether, Harris and Talbot Counties for their approval. The budget as submitted shall reveal to the Commissioners of Roads and Revenues the purpose for which funds are needed together with an estimate of the funds which will be available to the Planning Commission from sources other than the counties. After the Commissioners of Roads and Revenues of the three counties approve said budget then the funds necessary to meet said budget shall be provided by Meriwether, Harris and Talbot Counties, pro rata, in proportion to the total amounts shown on their respective tax digest. The Commission shall keep books of account which shall be audited by the county auditor at the time of auditing other county officers. The Commission shall make annual reports to the Commissioners of Roads and Revenues of said three counties showing all its receipts and disbursements. Budget. Accounts, audit, annual reports. Section 7. Any municipality in either Meriwether, Harris or Talbot Counties may contribute to the maintenance

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of the Commission and its operation if it so desires but no such municipality shall be required to do so. Contributions by municipalities. Section 8. It shall be the duty of the Planning Commission of said District and Area to make and amend a master plan for the physical and well-ordered development of the District and of Warm Springs Memorial Area. Such master plan, with the accompanying maps, plats, charts and descriptive matter, shall show the Commission's recommendation for the development of the District, and of Warm Springs Memorial Area including among other things the following: The general location, character and extent of streets, highways, viaducts, subways, bridges, water ways, boulevards, parkways, playgrounds, squares, parks, aviation fields, public and private parking space and other public ways, grounds and open spaces; the general location of public buildings, schools and other public property; the general location and extent of public utilities and terminals, whether publicly or privately operated, for lights, water, gas, transportation, communication, power and other purposes; and the relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing features of the plan; the use of land areas for residential, business, industrial or other purposes including the location, size and kind of buildings, yards and other matters of a similar nature. Master Plan. Section 9. Before adopting the master plan, or any part thereof, or any amendment, extension or addition thereto, the Planning Commission of said District and Area shall hold at least one public hearing. At least seven days prior notice of the time and place of each hearing shall be given by publication of newspapers of general circulation in the District. At least seven days notice of the hearing shall be given in writing to the governmental authority of the governmental unit or units involved. The adoption of the plan, and of any part, amendment, extension or addition thereto, shall be by resolution of the Commission carried by the affirmative votes of not less than five members. Public hearing, notice; adoption of plan. Section 10. The Planning Commission of said District and Area shall act in an advisory capacity only and the

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adoption by the Planning Commission of said District and Area of the master plan, or any part thereof, or any amendment, extension or addition thereto, shall constitute a recommendation only and shall have no binding effect on either Meriwether, Harris or Talbot Counties. Either of said counties may adopt such master plan, or such part thereof, or such amendment, extension or addition thereto, as it sees fit and by such procedure and rules adopted by the Board of Commissioners of Roads and Revenues of such county. Upon adoption of such master plan or part thereof by such county, such county shall not thereafter change such plan or part thereof without first referring such proposed change back to the Planning Commission of the District and Area for its recommendation, except changes to permit a non-conforming use of a single tract in a designated area need not be referred back to the Commission. When a proposed change has been referred back to the Commission, failure of the Commission to report its recommendation with respect to such change within thirty days after its receipt shall be deemed to constitute approval by the Commission of such change. The recommendation of the Commission with respect to a proposed change shall be advisory only and after the receipt of the Planning Commission's recommendation or its failure to report within thirty days as herein provided, such county may then adopt such change, or not as it sees fit and by such procedure and rules as it may require. Advisory capacity only; power of counties. Changes in Plan. Section 11. Whenever the master plan or any part thereof shall be adopted by either of said counties, the enforcement, within its territorial limits, of said plan or part thereof so adopted shall rest solely with the Board of Commissioners of Roads and Revenues of such county. Enforcement. Section 12. The laws of this State as they now or may hereafter be conferred upon counties and the officers, boards and commissions thereof, powers with regard to the regulating, zoning and uses of lands shall remain of force in such counties. Laws to remain of force. Section 13. For the purpose of empowering and authorizing the Boards of Commissioners of Roads and Revenues of Meriwether, Harris and Talbot Counties to adopt and put into effect the master plan, and to regulate the

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use of lands located in such counties, and in the Warm Springs Memorial Area there is hereby given and granted to the Boards of Commissioners of Roads and Revenues of Meriwether, Harris and Talbot Counties separately the power and authority to pass zoning and planning laws whereby such county may be zoned or districted for various uses and other or different uses prohibiting and regulating the use for which said zones or districts may be set apart and regulating the plan or development and improvement on real estate therein. Zoning and planning. Section 14. The Planning Commission of said District and Area and any county or municipality participating in the master plan or in any part thereof shall have authority to contract with one another for the furnishing of such services and assistance as may be necessary or proper under the provisions of this Act. Authority to contract. Section 15. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. BERRIEN COUNTYSALE OF COUNTY FARM REFERENDUM. No. 273 (House Bill No. 491). An Act to amend the Act passed by the General Assembly of Georgia creating a Board of Commissioners of Roads and Revenues of Berrien County, Georgia, approved September 20, 1887, as amended from time to time, requiring and directing the present Board of Commissioners of Roads and Revenues of Berrien County to sell the county farm, and to cease contributing the public funds of Berrien County to the maintenance, upkeep and operation of the present Public Works Camp in Berrien County wherein prisoners are worked, such sale and ceasing of contributions of public funds of Berrien County to be done within six months from the date of the passage of said: to provide for a referendum thereon; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 2 of the Act of the General Assembly of Georgia, creating the Board of Commissioners of Roads and Revenues of Berrien County, Georgia, approved September 20, 1887, be and the same is hereby amended by adding thereto the following: Sec. 2, act of 1887, amended. That said Board of Commissioners of Roads and Revenues of Berrien County, Georgia, are hereby directed to, within six months from the passage of this Act, sell what is known as the county farm in Berrien County, Georgia, whereon is located a Public Works Camp in Berrien County, and to cease contributing the public funds of Berrien County, Georgia, to the maintenance, upkeep and operation of the Public Works Camp or County Farm, in Berrien County, Georgia, whereon prisoners are worked. Sale of county farm, public works camp. And from and after six months from the passage of this bill it shall be unlawful for the County Authorities to contribute or use any of the Public Funds of Berrien County for the maintenance, upkeep and operation of either the Public Works Camp of Berrien County, or the County Farm on which such Public Works is located. No use of public funds for camp or farm. Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall not become effective until the provisions of this Act shall first be approved and ratified by a majority of the qualified voters voting thereon at an election to be held in said county within 30 days after the passage of this Act and in which election those voting in favor of the ratification of the provisions of this Act shall have written or printed on their ballots In favor of the sale of the County Farm and against maintenance of Public Works Camp and those voting in said election against the ratification of the provisions of this Act shall have written or printed on their ballots Against the sale of County Farm and for maintenance of the Public Works Camp. And in the event a majority of said votes cast in said election shall be in favor of the ratification of said Act, then the provisions of this Act shall go into effect within six months after

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the ratification of same. And upon the ratification of said Act by a majority of the voters of said county voting in said election as above set out then the Ordinary of the county is hereby empowered and required within twenty days from the consolidation of the votes to declare the provisions of this Act ratified. Referendum. Section 3. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. BERRIEN COMMISSIONERSDISTRICTS, COUNTY MANAGERREFERENDUM. No. 274 (House Bill No. 492). An Act To Amend The Act Passed by The General Assembly of Georgia creating a Board of Commissioners of Roads and Revenues of Berrien County, Georgia, approved September 20, 1887, fixing their powers, etc., and as thereafter amended from time to time; which Bill strikes the number of three commissioners and substitutes in lieu thereof the number of nine commissioners, one commissioner in each Militia District of said County, and to provide for the manner of election of such commissioners, fix their pay, times of meeting, etc., and empowering and requiring such Board of Commissioners to employ a County Manager and providing how he shall be paid, fixing his duties, powers and amount of salary, and providing that such County Manager shall not be one of the Commissioners; said amendment subject to ratification by the voters of the said County, and to be effective January 1, 1949, if so ratified; 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 1 of the Act of 1923 and Section 1 of the Act of 1935, both amending the Act of the General Assembly of the State of Georgia approved September 20, 1887, creating the Board of Commissioners of Roads and Revenues of Berrien County, Georgia, be and the

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same are hereby amended by striking said Section 1 in said Acts of 1923 and Section 1 in said Acts of 1935, and substituting in lieu thereof the following: Sec. 1, acts of 1923 and 1935, amending act of 1887, 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, if and when the same is ratified by the voters of Berrien County, Georgia, the said County of Berrien shall be composed of a Board of Commissioners of nine in number, one from each of the nine Militia Districts of said County, said Militia Districts being: Alapaha Militia District Number 518; Enigma Militia District Number 1642; Upper Tenth Militia District Number 1148; Nashville Militia District Number 1157; New River Militia District Number 1427; Lois Militia District Number 1329; Bay City Militia District Number 1144; Lower Tenth Militia District Number 1767; and Jordan Militia District Number 1819. New section. Nine Commissioners and Districts. Section 2. Be it further enacted, That there shall be one commissioner of roads and revenues elected from each of said Militia Districts, such commissioner to be a resident and freeholder of said district, and shall be elected by the qualified voters of said Militia District only. One from each district; qualification, election. Section 3. Be it further enacted, That no voter in said County of Berrien shall be qualified to vote or permitted to vote for any candidate for the office of Commissioner of Roads and Revenues of said County, who does not reside in the Militia District in which the voter resides. Voters to reside in District. Section 4. Be it further enacted, That in the consolidation of votes cast in the election for Commissioner of Roads and Revenues in each of the nine said districts, there shall be a consolidation in each of said districts, and the qualified person receiving the highest number of votes in said district shall be declared elected as a commissioner for said district. Consolidation of votes. Section 5. Be it further enacted, That should any one or more of said Commissioners die, resign, or remove from his said district, then his successor shall be designated and appointed by the remaining members of said Board of Commissioners of Roads and Revenues, by a majority

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vote of said members in regular meeting, such designated and appointed member to be a freeholder and bona fide resident of the District wherein such vacancy shall occur, and said designated and appointed member to hold his office until the next general election for the election of county officers for said county of Berrien. Successors. Section 6. Be it further enacted, That this law shall be applicable to both primary and general elections in Berrien County in electing members for the Board of Commissioners of Roads and Revenues for said County. Act to apply to all such elections. Section 7. Be it further enacted, That said Commissioners, at their first meeting after election and qualification under this Act, shall select by a majority vote of said commissioners, one of their members, who shall be Chairman of said Board of Commissioners of Roads and Revenues of said County of Berrien; and that, likewise, at their first meeting after election and qualification under this Act, the Board of Commissioners of Roads and Revenues for said Berrien County shall select and name some competent person who shall be County Manager at a salary not to exceed Two Hundred Fifty Dollars ($250) per month, but such County Manager not to be one of the members of the Board of Commissioners of Roads and Revenues, which said County Manager shall devote all of his time to his duties as such County Manager for Berrien County, Georgia, and who shall have full charge of all county work and county affairs subject to the advice and supervision of said Board of Commissioners of Roads and Revenues of said County, which said County Manager shall hold office at the pleasure of said Board of Commissioners of Roads and Revenues of said County; that said County Manager shall give a good and sufficient bond, to be approved by the Ordinary of Berrien County, for the faithful discharge of his duties, including the proper handling of the county funds and properties, in the sum of $20,000.00; and that said County Manager shall take an oath of office for the faithful performances of his duties as such County Manager. Chairman. County Manager. Section 8. Be it further enacted, That said Board of County Commissioners shall meet in regular session at the county site not oftener than once a month, unless some

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emergency arise which makes it necessary to meet oftener in the discharge of their duties, and each of said Commissioners shall receive Five Dollars ($5) per day for actual time served, and no Commissioner shall receive more than Ten Dollars ($10) per month for all services rendered as such Commissioner. Commissioners' meetings. Compensation. Section 9. Be it further enacted by the Authority aforesaid, That the provisions of this Act shall not become effective until the expiration of the terms of the present Board of Commissioners of Roads and Revenues of said County on January 1, 1949, and shall not then become effective unless the provisions of this Act shall first be approved and ratified by a majority vote of the qualified voters voting thereon at an election to be held within thirty days after passage of this Act by the General Assembly, and in which election those voting in favor of the ratification of the provisions of this Act shall have written or printed on their ballots: In favor of election of Nine Commissioners, and a County Manager, for Berrien County, Georgia, and those voting in said election against ratification of the provisions of this Act shall have written or printed on their ballots: Against election of Nine Commissioners, and a County Manager, for Berrien County, Georgia, and in the event a majority of said votes cast in said election shall be in favor of the ratification of the election of Nine Commissioners and for a County Manager, then the provisions of this Act shall go into effect January 1, 1949, and shall be elected at the regular election for County Officers for said County; that the qualified person elected from each such districts shall take office January 1, 1949, and hold for a term of four years; that thereafter there shall be commissioners elected from each of said Districts in said County at the regular election for county officers for said County, and the term of office for each commissioner shall be for four years. Time effective. Referendum. Section 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1947.

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REIDSVILLE NEW CHARTER. No. 275 (House Bill No. 493). An Act to incorporate the city of Reidsville, by abolishing the present charter of said city and writing a new charter for the same; to provide for mayor and council for said city and organize a city government for said city; to define the boundaries of said city; to provide for the election of the officers of said city; to provide for the qualification of the voters in said election and to provide for qualification of the officers of the said city; to provide for making legal all the ordinances of said city that now exist under the charter to be found in the Acts of 1905, page 1083 and ending on page 1101; to give said city through its proper officer all authority to levy all necessary taxes for the maintenance of said city government; to do all things necessary for the development of the said city in every line of good government; to give said city all authority by proper ordinances and resolutions that are not in conflict with the Constitution and laws of the United States nor of the Constitution and laws of Georgia; to provide for the proof of the notice to enact this city charter; and for all other purposes that may be necessary for carrying on said city government. 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 starting point of said city shall be where the center of the paved road from Glennville to Reidsville joins the center of the paved road from Claxton to Lyons, being opposite the vault of the Ordinary Office in the county courthouse. Beginning at this starting point and running 990 yards in a straight line towards Glennville, said straight line running down the paved road towards Glennville. Then said boundary line turning to the right at a right angle and running in a straight line one mile towards the Ohoopee River. Then turning to the right at right angle and running a straight line in a westerly direction 1860 yards. Then turning to the right at a right angle and running a straight line in a northerly direction two miles and 100 yards. Then turning to the

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right a right angle and running a straight line in an easterly direction 1860 yards. Then turning to the right at a right angle and running a straight line in a southern direction to the point in the paved road from Glennville to Reidsville 980 yards from the starting point of said city. That the above described boundaries of said city is hereby incorporated under the name and style of the city of Reidsville, and by that name shall be, and are, the said inhabitants of said area, hereby vested with all the rights, powers and privileges, incident to municipal corporations in said State, and all the rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the city of Reidsville, or the mayor and council thereof, are hereby vested in the present city of Reidsville created by this Act. And the said city of Reidsville may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through and by its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor may seem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said city of Reidsville shall be able by law, and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands, tenements and hereditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Said city of Reidsville, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of the former city of Reidsville, which all charter of said city is hereby repealed. Corporate limits. City incorporated. General powers. Section 2. Be it further enacted, any resident of said city, who shall be twenty-one years of age, a freeholder of real estate within said city, who shall have been a resident of the State of Georgia for a period of twelve months and of the city of Reidsville for six months, shall be eligible to the office of mayor or councilmen of said

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city, such residence referring to the period immediately preceding the appointment of election of such person to either of the offices named. Mayor and Councilmen, qualifications. Section 3. Be it further enacted, that on the first Tuesday in December 1947, and biennially thereafter on the same day, an election shall be held in said city, in manner and place hereinafter provided, for the purpose of electing a mayor and council for said city, whose terms of office shall be two years, or until their successors are elected and qualified. Their term of office shall begin on January 1st following their election. In case no election is held at the regular time provided by this Act, a special election shall be called by the mayor and council to be held on some other day, first giving twenty days' notice of such election by posting notice thereof at the courthouse door in said city and at two other public places. Elections. Terms. Section 4. Be it further enacted, That all elections under the provisions of this charter whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, who are bona fide residents of said city, and who shall be appointed by the mayor and council for that purpose. In case no appointment is made, then any three citizens, having the qualifications prescribed, may act. Each of said managers, before entering upon his duties, shall take and subscribe, before some officer authorized by law to administer oaths, or before one of their number, the following oath: We and each of us, do swear that we will faithfully and impartially conduct this election, 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 county courthouse or city hall in said city, and shall be held between the hours of 8:00 o'clock a. m., and 6:00 o'clock p. m., or moral hours of clerk in office and shall be written secret ballot. Those receiving the majority or highest votes cast for the respective offices shall

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be declared elected. Said managers shall certify two lists of voters and two tally-sheets, place one of each in the ballot box and securely seal the same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted, shall destroy the same without himself inspecting or permitting any one else to inspect said ballots. The other tally-sheet and list of voters, together with a certificate showing the result of the election and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the city council, held within four days after the date of such election, at which time, and in the presence of said council, he shall open the same and declare the result. If any person desires to contest any election held hereunder, said contest shall be had under the general laws of the State governing municipal contest. Election procedure. Section 5. Be it further enacted, That every citizen of the city of Reidsville, as incorporated under this Act, who is eighteen years of age, and who shall have resided in the State of Georgia for twelve months and in the city of Reidsville for six months next preceding the election, and who has legally registered as a voter, and who has not been convicted of any crime involving moral turpitude, unless pardoned, shall be qualified to vote in any city election held in the city of Reidsville for any purpose whatever. Qualified voters. Section 6. Be it further enacted, That the city clerk, or if the mayor and council so desire it, then some other person by them appointed, shall open at some accessible place as may be designated by said mayor and council, on the first Monday in November in each election year a list for the registration of voters for said city, which list shall be kept open every day, except Sunday and legal holidays, between the hours of nine in the morning and five in the afternoon, from the day opened until the tenth day before the regular election day on the first Tuesday in December, when said list shall be finally closed. The regular registration for said December election shall be good and valid for any election that may be held for any

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purpose during the year following, but for any election held during such election years previous to the first Tuesday in December, then and in that event the mayor and council shall cause a list to be opened thirty days before such election, which list shall be closed on the tenth day before such election. Said registration list to be opened and managed in like manner as the list for the regular election in December, as above provided, that any registration for any special election at any time during said election year shall be sufficient for the regular election in December. It shall be the duty of the clerk, or other person in charge of such list, upon application of any person entitled to vote, which application shall be personal and not by proxy, to register the name of such person, together with his age and occupation by having such person subscribe his name to the following oath: I do swear that I am twenty-one years of age, or will be by the next city election; that I am a citizen of the United States; that I have resided in this State for a period of twelve months last past, and in the city of Reidsville for the last six months; and I have never been convicted of crime involving moral turpitude and not pardoned, so help me, God. Said clerk of person in charge of said list is hereby authorized and qualified to administer such oath. Nothing herein contained shall be construed to prevent the mayor and council by unanimous vote from declaring that the registration list for any regular election shall be used at any special election held within two years; provided, any legal voter who has not registered, may do so at any time up to ten days before such special election. Registration list. Oath. Section 7. Be it further enacted, That at such time as the mayor and council may deem proper before the date of any election held in said city, not exceeding thirty days before any such election, the said mayor and council shall elect three citizens of said city who shall constitute and be known as a Board of Registrars for said city. No person who is a candidate for any office to be filled at such election is eligible to serve as a member of said board of registrars. Such registrars shall qualify by taking the following oath before any person authorized by law to

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administer oaths, to wit: I swear that I will diligently and impartially examine and revise the registration list of the city of Reidsville, according to the laws governing the same to the best of my ability, so help me, God. This oath shall be recorded by the city clerk on his book of minutes. As soon as possible after the registration list shall be closed, the person in charge of the same shall deliver said list to said board of registrars, whose duty it shall be to diligently and thoroughly examine the same for the purpose of ascertaining if any person has registered illegally, and to this end may summon all persons as to whose right to register they may entertain any doubt, the criminal record, or for any other cause, to appear before them and show cause why their names should not be stricken from the said registrational list. Said summons shall be served by the marshal of said city, or in case he can not serve them, then by any other person elected by said board for that purpose. Said summons shall be served upon the person named therein not later than the day preceding the day upon which he is summoned to appear. Should said examination show to the satisfaction of a majority of said board that the person summoned is not entitled to registration under existing laws, his name shall be stricken from said lists. And should the person so summoned fail to appear, the board shall proceed as though he were present. Any person living in said city who claims the right to register, but whose name has not been entered upon the registration list, may appear before said board of registrars, and if he shall convince a majority of said board that he is a qualified voter of said city, that he has been unlawfully denied the right to register, or that he has some good and satisfactory reason for not registering while said registration list was open to the public for the purpose of registering voters, then said board shall enter his name upon said list as if he has registered before said list was closed. After a thorough examination and revision, said board shall prepare two lists, alphabetically arranged, of all names left upon said registration list, after the same has been examined and revised and shall certify the same as a correct list of the qualified voters of said city. Said registrars shall

Page 1027

then deliver said list to the managers of the election on the day of such election. No person shall be allowed to vote at said election whose name does not appear upon said list. Said registrars, as well as said election managers, shall be paid out of the city treasury such amount as may be fixed by the mayor and council, not to exceed five dollars per day for each person for each day required in the performance of these duties councilmen salaries not to exceed $300.00 a year. Board of Registrars. Oath. Revision of list; [Illegible Text] before striking names. Certification of list. Compensation. Section 8. Be it further enacted, That before entering upon the discharge of their duties, the persons elected as mayor and councilmen, and each of them, shall take and subscribe before some officer authorized by law to administer oaths, the following oath: Mayor and Council. I do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) of the city of Reidsville, to the best of my skill and ability, and as shall seem to me the best interest and welfare of said city without fear, favor or affection, so help me, God. Oath. Section 9. Be it further enacted, That at any regular or special meeting of the mayor and council, after their election and qualification, said mayor and council shall elect a city clerk who shall be clerk of the council and ex-officio clerk of the Recorder's court; a marshal, or marshals, a city attorney, and other officer or officers as the mayor and council may deem necessary. The mayor and council may prescribe the duties of all such officers, their compensation, and their oaths of office, together with such bonds for the faithful carrying out of the same as they may see fit. All said officers shall hold their offices at the pleasure of the mayor and council. Meetings. Election of clerk and other officers. Duties, etc. Section 10. Be it further enacted, That the mayor (or mayor pro tem, who shall be elected by the council from their number) and three members of council shall constitute a quorum for the transaction of any business before the council, and a majority of the votes cast shall determine all questions and elections before the council, the mayor, or mayor pro tem, if the latter be presiding, not being entitled to a vote, except in case of a tie. Said

Page 1028

mayor and council shall hold their meetings within the limits of said city, at such time and place as they may deem proper. They max fix a time and place for regular meeting, but at any special or called meeting of the body, whether at the regular time and place or otherwise, the mayor and council, shall have just as ample power as at any regular meeting, and may do and perform any of the things, duties and powers that they could do and perform at any regular meeting. Quorum at meetings. Procedure. Section 11. Be it further enacted, That during sickness, absence or disqualification of the mayor, the mayor pro tem shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. In case of the death, removal or resignation of the mayor, or in any other event making the office of mayor vacant, the mayor pro tem shall immediately become mayor, and shall serve until the end of the regular term for which his predecessor is elected. Should said mayor pro tem refuse to act, or be disqualified or unable to assume the duties of mayor, the council shall elect some citizen of said city as mayor thereof; provided he is qualified by law to fill said office. If at any time the office of councilman shall become vacant by death, removal, resignation, or otherwise, the remaining members of the council shall elect some citizen of said city, who is qualified by law, to fill said vacancy, and such person shall serve until the next regular election. Mayor Pro Tem. Vacancies. Section 12. Be it further enacted, That the mayor shall receive a salary to be fixed by the council, not to exceed five hundred dollars per annum; he shall be the chief executive officer of said city, and see that the ordinances, bylaws, rules and orders of the council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers whenever he may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of

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at least four councilmen on a yea and nay vote duly recorded in the minutes of said council: provided, however, the mayor shall not exercise his power of veto, unless he shall reduce the same to writing and file with the city clerk within four days after the passage of the measure vetoed. It shall be the duty of the mayor to preserve the peace. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor. He shall have general supervision of the affairs of said city, and shall have authority to convene the council in extra session whenever he deems it proper so to do. He shall have vested in him all the powers and duties as are vested by general law in mayors in this State, except to try those violating criminal ordinances. Mayor. Salary, duties, powers. Section 13. Be it further enacted, That the mayor and Council of said city shall elect for said city a Recorder whose duties it shall be to try all parties charged with the violation of any ordinance of said city, and he shall not be a member of said city council but a resident of said city, and a duly qualified voter of said city. He is hereby given authority to impose such sentences as is provided by the ordinance of said city and provided for by this charter. Anyone convicted by said Recorder shall have a right to appeal his case to the council and a majority of said council shall try said case and render such judgment as they think right according to the merits of the case. Such appeal shall be made instanter and said council shall hear said appeals within three days. If said council should find the defendant guilty, he shall have the right to certiorari his case to the superior court of Tattnall County, Georgia, under the law as now provided for carrying such cases to the Superior Court, which is fully stated in the general laws of Georgia. Said Recorder shall be ex-officio justice of the peace to try any party violating the criminal laws of Georgia within the limits of said city. Said court shall be authorized and empowered to punish for violations of the laws or ordinances of said city by imprisonment in the Tattnall County Jail for a period of not exceeding six months; by compelling the defendant or offender to labor upon the streets of said city or work camps for a period not longer than six months;

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by a fine not exceeding $500.00 and the costs of the court which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the court. Either one of the said punishments may be imposed as an alternative punishment to some other mode imposed. The city clerk and marshal of said city are hereby made officers of said court, and shall be entitled to such fees and costs from the losing party as the city council may prescribe. Said Recorder shall try all cases in his court under the same rules and regulation of trying criminal cases in a City Court and a Superior Court in non-jury cases. His salary to be fixed by mayor and council. Recorder. Appeal. Certiorari. Power of court. Officers. Rules. Recorder's salary. Section 14. Be it further enacted, That all offenders against the laws and ordinances of said city of Reidsville shall be tried in the Recorder's court upon a written or printed accusation against the accused, in manner and form substantially as follows: State of Georgia, City of Reidsville. I,....., marshal (or citizen, as the case may be) in the name and behalf of the City of Reidsville charge and accuse..... with the offense of..... (stating the offense charged), contrary to the laws and ordinances of said city, the good order, peace and dignity thereof. This..... day of....., 19...... This accusation shall be signed by the marshal or citizen making the same in the Recorder who shall attest the same. The Recorder may then issue a warrant for the arrest of the accused, which warrant shall be directed to the marshal of said city, his lawful deputies, or any arresting officer of Tattnall County. And it is hereby made the duty of any such arresting officer in whose hands said warrant may be placed, to arrest the accused and bring him before said Recorder's Court; provided, that nothing herein contained shall prevent the marshal, or any officer of said city, from arresting without warrant or accusation any person guilty of violating the ordinances or laws of said city, or any one reasonable suspected of so doing; provided further, that no person so arrested shall be held longer than twenty-four hours unless accusation is made and the accused brought before said Recorder's Court within that time. Recorder's Court. Procedure as to offenders. Arrests.

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Section 15. Be it further enacted, That the mayor and council of said city of Reidsville is hereby authorized to acquire by purchase or condemnation any real estate outside said city limits for the purpose of establishing an airport, or a city prison, or a work camp for the purpose of using said real estate upon which to work those convicted in said city who do not pay their fines, and for any other purpose. Airport. Prison or work camp. Section 16. Be it further enacted, That the Recorder of said city shall have the authority, in his court, to bind over or commit to jail offenders against the criminal law of Georgia, whenever, in the course of investigation before him, a proper case therefor shall be made out by evidence. Binding over or committing offenders. Section 17. Be it further enacted, That in addition to the other powers specially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation or profession within the limits of said city, and to provide for the punishment of those who engage in business within said city without paying such license or fee and otherwise complying with the laws of said city; to pass all necessary ordinances and bylaws respecting public buildings and grounds, carriages, automobiles, wagons, drays, bicycles and wells, and for the prevention and punishment of disorderly conduct and conduct liable to destroy the peace and tranquility of a citizen or citizens thereof, and every other bylaw, ordinance and resolution that may seem necessary and proper for the security of the peace, health, order and good government of said city; and to do generally all other acts and things which, in the judgment of said council, will improve the morals, health, safety and convenience and general welfare of its citizens, provided that the same are not inconsistent with the laws of this State or the United States. Other powers of Council. Police powers. Section 18. Be it further enacted, That the mayor and

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council of said city are hereby given authority by proper ordinance to levy a business license, or occupation, or business tax upon any individual, firm, or corporation doing business in said city. Also, to levy the business tax upon any individual, firm or corporation non-resident of said city who does a wholesale or retail business in said city. Also, to levy a business tax upon theater tickets or other amusements held in said city, but not to exceed ten per cent upon the price of said ticket. License, business, etc., taxes. Section 19. Be it further enacted, That said mayor and council of said city are hereby authorized to pass any ordinance or resolution at the first reading of the same at a session of said council at the first introduction of the same by a majority of the vote of the council, and by stating that the same is an emergency and should go into effect at once, and the same be posted at the county courthouse door and at two other places in said city and shall be spread upon the minutes of the said council. No special forms of said ordinance or resolution shall be required, but it shall plainly set forth the measure intended by the same. Ordinances or resolutions. Procedure. Section 20. Be it further enacted, That the city council of Reidsville shall have full power and control over the streets, sidewalks, alleys and parks of said city, and shall have full power and authority to condemn property for the purpose of opening, laying out or widening of streets, alleys or parks, or for the erection hereon of any public buildings necessary for said city or any of its departments, or for the changing of any street, sidewalk, alley or driveway, or for any other public purpose; and whenever the city council shall desire to exercise the power granted in this section, it may be done as provided in sections 4657 to 4686, both inclusive, of volume 2 of the Code of Georgia of 1895, and the Acts amendatory thereof, and the same may be done whether the land sought to be condemned is in the hands of the owner, or a trustee, excutor, administrator, guardian, or other agent or representative, or otherwise as provided by said sections of the Code. Said council shall have full power and authority to remove, or cause to be removed, any buildings, steps, fences, gates, posts, or other obstructions or

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nuisances in the public streets, lanes, alleys, sidewalks, driveways, or other public places in said city, and to enforce all the provisions of this section, as well as any other section of this charter by appropriate legislation. Powers as to streets, sidewalks. Condemnation. Obstructions, nuisances. Section 21. Be it further enacted, That said city council shall have full power and authority to grant franchises, easements and rights of way, over, in, under and on the public streets, lanes, alleys, sidewalks, driveways, or other property of said city, on such terms and conditions as said mayor and council may prescribe. Franchises, easements, etc. Section 22. Be it further enacted, That said mayor and council of said city is hereby given authority to condemn any property, personal or real, in said city for use by said city in the development of said city, or for any other purpose the mayor and council may need it, by paying the fair market value for the same, and condemned under the law provided by the State for condemning property by the State or by the County. Condemnation, under State law. Section 23. Be it further enacted, That all writs, processes, subpoenas, summons, rules of all kinds, and all executions for any and all kinds of taxes, licenses, fines, assessments, forfeitures or demands, assessed by the proper authorities of said city, against any person, firm or corporation, or company whatsoever, shall be issued and signed by the city clerk and bear test in the name of the mayor of said city, unless otherwise provided, and shall be directed to the marshal of said city and his deputies, and all and singular the sheriffs and constables of this State, and each and all of said directors are hereby authorized and required to serve and execute the same. Writs, processes, etc., form and test. Service. Section 24. Be it further enacted, That all personal property levied upon by virtue of any of the executions or other processes of said city, which shall be within the county of Tattnall at the time of such levy, shall be sold at the door of the county courthouse in said city of Reidsville, after advertising such sale for ten days by written notice posted at two public places in said city, which notice shall designate the day and place of sale a reasonable description of the property to be sold, and the process under which the same has been levied. When real

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estate in the city of Reidsville or in the County of Tattnall is levied upon by virtue of any of the processes aforesaid, the same shall be sold at the door of the courthouse of said Tattnall county and the sale may be made, and deeds to the property executed, by the marshal of said city or by the sheriff of said Tattnall County, after having advertised the same in the manner provided for sheriff's sales of land under ordinary executions in this State. In all sales of personal property, the marshal of Reidsville, or his deputy, shall conduct said sale in manner, as near as practicable, similar to the sales of personal property by the constables of this State. All sales, made under the authority of this charter, shall be between the hours of 10 o'clock a. m. and 4 o'clock p. m., and to the highest and best bidder for cash. If a claim shall be filed to any personal property so advertised to be sold, the marshal shall return the execution, together with the claim bond and affidavit, to the justice of the peace of the 41st district, G. M. of said county, in which district said city is located, where such claim case shall be tried as other claim cases in justice courts of this State; provided, that if the amount of the execution levied, exclusive of costs and interest, shall exceed the sum of two hundred dollars, then said marshal shall deliver said execution and said claim papers to the clerk of superior court of Tattnall county, in which court the same shall be for trial and be tried as other claim cases in the superior courts of this State. In all matters of levy and claim, the general rules of law as to forthcoming and claim bonds, and other things incident to the same, shall prevail. All claims filed to levies upon real estate shall be returned to and tried in the superior court of the county where such realty is located. Sales of personalty under levy. Advertising, notice, procedure. Sales of real estate. Claims. Section 25. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of the government of the city of Reidsville, the mayor and council shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding during any one year one per cent of the value of said property, nor does the same include any tax that

Page 1035

may be necessary, in the judgment of the mayor and council, for the purpose of meeting the interest due on any bonds that may be issued by said city, or for providing a sinking fund for the final payment of any such bonds. Ad valorem tax. Section 26. Be it further enacted, That the mayor and council of said city shall have power and authority to provide by ordinance when the taxes due said city shall fall due; in what length of time said taxes shall be paid; when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due; to provide for the receiving of returns of property for taxation, for the appointment of assessor, and any and all other officers they may deem necessary for the purpose of collecting any of the taxes herein allowed; to prescribe the duties of such assessors and other officers; and otherwise to make full and ample provisions, not inconsistent with the laws of Georgia or the United States, for the enforcement and collection of any and all taxes that may become due to said city. All such provisions shall be as legal and binding upon the citizens of said city as if the same were incorporated as a part of this charter. Said tax assessors shall on each and every year place the value on all property in said city as to its value on the first day of each and every year. Said tax assessors may assess all property at its cash market value on the first day of each and every year. Tax procedure. Ordinances, penalty, enforcement, assessors. Section 27. Be it further enacted, that the city of Reidsville may, and is hereby authorized to issue its bonds, for erecting any public buildings or other improvements that may be needed in said city under the provisions of the law now existing for cities to issue bonds. Bonds. Section 28. Be it further enacted, that any election held under the provisions of the preceding section of this charter and in accordance with the general laws of the State now in force, shall be conducted in the same manner and under the same rules as are provided in this charter for the elections to be held for mayor and councilmen. The ballots cast at such election shall contain the words For bonds or Against bonds. All persons entitled to vote for mayor and councilmen of said city shall

Page 1036

be entitled to vote on the question of issuing bonds. Such election shall be called at any time the mayor and council of said city may deem wise, after first giving the notice required by law in such cases made and provided. Said bonds shall mature at such time, not later than thirty years from date of issue, or at different times within said period; shall bear such rate of interest, not exceeding six per cent; and shall be in such denominations as the mayor and council may prescribe; and said bonds shall provided that the interest thereon shall be paid annually or semiannually, as may be deemed most advantageous to the city in the judgment of the city council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds; the principal bonds to be signed by the mayor and clerk, and the interest coupons to be signed by the clerk only; provided, that the signature of said clerk may be engraved or stamped upon said coupons, facsimile. Said bonds shall be exempt from taxation by the city of Reidsville and shall constitute an inviolable contract between said city and the holders of said bonds. All other matters and particulars concerning said bonds, the issuance and contents thereof, shall be determined by the mayor and council, in conformity with the law and this charter. The mayor and council shall have the authority to provide for the sale and disposition of such bonds, at private or public sale, as to them may seem best, and to make all arrangements concerning the manner of sale as to them may seem best. The funds derived from the sale of such bonds shall be paid to the city treasurer, and the same shall be used only for the purposes for which said bonds were issued. All bonds issued by said city shall have, attached to them the corporate seal of said city. Bond elections. Bond requirements, issuance, sale, proceeds, etc. Section 29. Be it further enacted, That the mayor and council of said city are hereby fully authorized and empowered to pass all such ordinances, orders, rules and regulations as they may deem necessary for the health and comfort of the citizens of said city. They may provide such health officers as they may deem proper, prescribe their duties and powers, and what remuneration they shall

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receive. And such health officer, or officers, shall have and exercise all such powers and privileges as may be vested in him by said mayor and council by ordinance. General welfare powers. Health officers. Section 30. Be it further enacted, That the mayor and council are hereby authorized to adopt all such ordinances, not in conflict with the laws of this State or the United States, as may be necessary to enforce any of the provisions of this charter, or any other rights and privileges as are usually vested in municipal corporations in this State; provided, that should any provision, or provisions, of this charter be in conflict with or in violation of any general law in this State, the latter shall prevail, and such provision or provisions, shall be of no effect. Adoption of ordinances. Other powers. Conflicts of charter with general law. Section 31. Be it further enacted, that the mayor and council of Reidsville are hereby authorized to enforce the collection of any tax that may have been assessed against any person or property by the city of Reidsville, where the same has not been paid, and to that end, as soon as this Act shall go into effect, may cause, by motion, the city clerk to issue execution for the same as herein before provided; and they may punish, as herein before prescribed, any person who shall have failed to pay to the city of Reidsville any taxes due. Enforcement of taxes. Section 32. Be it further enacted, That the mayor and council of said city of Reidsville are hereby authorized and empowered to use and expend any part or parcel of the moneys collected by the taxation for the erection of any building, or for any other public improvement or purpose. Use of tax proceeds. Section 33. Be it further enacted, That all ordinances and laws of the city of Reidsville in force at the time the charter of said city of Reidsville was abolished shall be and remain in full force and effect until the city council of the city of Reidsville shall abolish or repeal the same; provided the same shall not be in conflict with any provision of the Act. City ordinances, not in conflict with Act, continued. Section 34. Be it further enacted, That the mayor and council of said city are authorized to establish a city park or playgrounds in said city for the purpose of improving the health and pleasure of its citizens, or visitors of said city. Park or playgrounds.

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Section 35. Be it further enacted, That said mayor and council are authorized and directed to zone said city for any and all purposes, such as fire zones and other necessary things for the betterment of said city. Said city by its proper authority shall require building permits for erecting any and all buildings in said city. Zoning City; building permits. Section 36. Be it further enacted, That the notice of local legislation to provide for this charter was published in the Tattnall Journal, the official newspaper of Tattnall County, Georgia, in three issues of said paper, namely, November 14th, 21st, and 28th, 1946, and the same is sworn to by Russell Rhoden, editor of said paper. Published notice. Section 37. Be it further enacted, That the mayor and council of the former City of Reidsville, to wit: L. R. Nelson, Mayor; C. L. Cheney, J. Cliff Kennedy, Wilton Hill, A. F. Southwell, and C. E. Curry, Councilmen; be, and they are, hereby made the mayor and councilmen of the city of Reidsville for the remainder of the year of 1947, and they shall continue in office until their successors are elected, qualified and installed, as herein before provided; and they and their successors and associates shall have and exercise all the rights, powers and duties conferred by law upon the mayor and council of said city of Reidsville. Officials of former City to remain. Term. 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 regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, gasoline, dynamite or other combustible or explosive material or substance within the limits of said city; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, and Roman candles; and to regulate or prevent the firing of guns, pistols and anvils; and to regulate or prevent every kind of gaming or hunting within the corporate limits of said city. Inspection, regulation, prevention of sale, etc., of steam boilers, dangerous objects, etc. Gaming, hunting. Section 39. Be it further enacted, That in order to protect the health of the inhabitants of said city and keep the city in a decent and presentable condition, the Mayor and Councilmen of said city shall have the authority to require all owners of real estate within the city to keep same free

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of standing water, grass, weeds, trash, and rubbish, and may by ordinance provide for a penalty for the failure to do so; said Mayor and Councilmen may also provide for having such property cleared, when the owner or owners refuse to clear same, the expense to be borne by the owner or owners of such property; executions may be issued against the owner or owners of such property for such expenses together with the costs of the executions, and sales may be had under such executions and title conveyed, as in tax sales herein authorized. Nuisances; keeping premises presentable Penalty; expense, enforcement. Section 40. Be it further enacted, That the Mayor and Councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and the power and authority to impound such animal or animals when found at large in said city, and power and authority to charge such fees for same as they may prescribe, and to charge also for the keep of such animal or animals so impounded. Also, when the owner or owners of such animal or animals shall fail or refuse to pay the impounding fee and cost of keeping such animal or animals, such animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping such animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen of said city. And the Mayor and Councilmen of said city shall have the power and authority to prevent and prohibit the keeping of hogs and goats within the limits of said city, or to regulate the manner in which they may be kept if allowed to remain; and they shall have the power to levy a tax on each dog in said city, not to exceed one dollar per year, and to enforce the payment of said tax as the payment of other taxes are enforced, and they shall have the right to pass ordinances and the power to enforce the same, requiring the inoculation of all dogs in said city against rabies, and requiring the police officer or officers of said city to impound or kill any dog or dogs which have not been so inoculated or for which the tax has not been paid. Livestock, animals, fowls. Impounding. Hogs, goats. Dog tax. Inoculation. Section 41. Be it further enacted, That the City of Reidsville is authorized to own and operate a system of

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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 system 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 to any delinquent consumer, until such consumer has paid all amounts due, together with any penalty prescribed. Waterworks. Section 42. Be it further enacted, That all laws and parts of laws that would conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. COLLEGE PARK CHARTER AMENDMENTS. No. 276 (House Bill No. 498). An Act to amend an Act entitled An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for increase in maximum ad valorem tax rate for ordinary government expenses; to amend the Civil Service Law for College Park Employees; to increase Recorder's Court costs; to amend the Charter of College Park in relation to laying sidewalks; to provide for absentee voting; to provide for health, sanitary and safety services and charges and liens therefor; to prescribe combined description of territory annexed to College Park by Charter amendment of 1945; 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

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Charter of Mayor and Council of the City of College Park, as contained in An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are hereby amended as follows: Act of 1895 amended. Section I. Be it enacted by the authority aforesaid that the Charter of Mayor and Council of the City of College Park as contained in Section Sixteen of the Act of the General Assembly of Georgia, approved December 16, 1895, and published in Georgia Laws 1895, pages 254 and 255, and relating to the ad valorem tax rate of said City for ordinary expenses, as amended by Section Two of the Act of the General Assembly of Georgia, approved August 15, 1922, and published in Georgia Laws 1922, Pages 654 and 655, be, and the same is hereby, further amended by striking from said Section Sixteen, as amended, the words Three-fourths of, and by inserting after the words per annum and before the word upon in said Section Sixteen, as amended, the words on and per each One Hundred ($100.00) Dollars of valuation, so that said Section, as thus amended, shall read as follows: Amendment to sec. 16, act of 1895, and sec. 2, act of 1922. Section XVI (16). Be it further enacted by the authority aforesaid that the Mayor and Council shall have power to assess, levy and collect an ad valorem tax, not to exceed one per cent. per annum on and per each One Hundred ($100.00) Dollars of valuation upon all real and personal property in said City, for the purpose of providing revenue for the ordinary expenses of the municipal government. To read. Ad valorem tax. Section II. Be it further enacted by the authority aforesaid that the provisions of Section One of this Act relating to the ad valorem tax for the ordinary expenses of the municipal government shall take effect and be operative as well for and during the present calendar year 1947, as for future years; and the Mayor and Council shall have power to assess, levy and collect, for and during the year 1947, for such ordinary expenses for said year, any part or all of the tax increase of one-fourth of one per cent. provided for by

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Section One of this Act, in addition to the amount or rate permitted under the Charter prior to this amendment. Time effective. Taxing power. Section III. Be it further enacted by the authority aforesaid that the last sentence of Section Two of the Act of the General Assembly of Georgia, approved August 2, 1916, and published in Georgia Laws, Page 644, relating to costs in the Recorder's Court of the City of College Park, be, and the same is hereby, amended by striking from said sentence the words seventy-five cents and inserting and enacting in lieu thereof the words and figures Two ($2.00) Dollars, so that said sentence of said Section Two, as thus amended, shall read as follows: There shall be assessed by said Recorder in each case tried by him, in which a fine is imposed, a cost of Two ($2.00) Dollars, said cost to be paid into the treasury of the City. Sec. 2, act of 1916, amended. Recorder, costs. Section IV. Be it further enacted by the authority aforesaid that the provisions of the Charter of the City of College Park providing for a Civil Service System for College Park employees as set forth in Sections Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen and Eighteen of the Act of the General Assembly of Georgia, approved January 30, 1946, and published in Georgia Laws 1946, Pages 450 et seq., be and the same are hereby amended by adding thereto and enacting the following provisions, to wit: Secs. 11-18, act of 1946, amended. Nothing in said Sections Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen and Eighteen of the Act of the General Assembly of Georgia, providing for a Civil Service System for College Park employees, approved January 30, 1946, and published in Georgia Laws 1946, Pages 450, et seq., shall prohibit or be construed as prohibiting the Mayor and Council of the City of College Park from abolishing any office (except charter officers) or any position or job, without liability therefor or on account thereof, whenever in the judgment of the Mayor and Council of the City it is necessary or advisable to do so in the interest or for reasons of economy or due to unusual condition or shortage or stoppage of work or funds. Said City and the Mayor and Council as the governing body thereof are hereby authorized at any time, without trial or hearing, to dispense with the

Page 1043

services of any officer (except charter officers) or employee serving during good behaviour and faithful and efficient service or under Civil Service Rules and Regulations whenever in the interest or for reasons of economy or due to unusual condition or shortage or stoppage of work or funds, it is necessary in the judgement of the Mayor and Council to do so; and in case the services of any such officer or employee are dispensed with and such officer or employee discharged or suspended for the reason or reasons above stated, the City shall not be liable for or on account of such discharge or suspension nor for salary or compensation to such officer or employee during the period subsequent to discharge or suspension and while such officer or employee is not engaged in actual service to the City. The Mayor and Council may by Rules and Regulations provide for conditions and priorities in respect of the reemployment of such discharged or suspended officers or employees whenever, due to changes in financial and/or work conditions, the services of additional officers or employees are needed. New provisions. Civil Service System for employees. Section V. Be it further enacted by the authority aforesaid that that portion of Section Thirteen (b) set forth under Section Six of the Act of the General Assembly of Georgia, approved August 15, 1922 and published in Georgia Laws 1922, Page 642, at Pages 660 and 661, relating to the laying of sidewalks, which begins with the words Provided, however, on Page 660, and ends with the end of said Section on Page 661, be and the same is hereby stricken and repealed; so that said Section 13(b), as amended by the striking and repeal of said portion thereof, shall read and remain as follows: Sec. 6(13, b), act of 1922, amended. Section 13(b). Be it further enacted by the authority aforesaid that the Mayor and Council shall have the right and power to make the improvements provided for in Section Thirteen (a) of this Act, by and through its own employees, or enter into a contract or contracts for said improvements with any person, firm or corporation, and in payment thereof, may assign and transfer to such person, firm or corporation bills or executions covering assessments made against the abutting property and the owners thereof for said improvements. To read. Improvements.

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Section VI. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of College Park may by ordinance provide for absentee ballots and absentee voting in City of College Park elections; provided, however, that such ballots shall be so prepared, handled and voted as to be secret in character. Absentee votes. Section VII. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of College Park shall have the authority and power, in the interest of health, sanitation and the public safety and welfare to provide for the clearing, cleaning off and making and keeping sanitary and/or free from fire or other hazard, any and all real property, either vacant or improved, within the corporate limits of the City of College Park, and to provide for the removal from such property all debris, grass, weeds or other growth, or other unsanitary or combustible matter or materials; to fix and impose penalties upon owners and occupants of property in respect of such requirements; to provide for the performance of such services by the City and for the assessment and collection of charges therefor; for the creation and assessment of liens against property and the owners and occupants thereof so served and for the collection and enforcement of such liens. Health, sanitation; cleaning property; fire or other hazard. Penalties, expense, liens. Section VIII. Be it further enacted by the authority aforesaid that the combined or composite description of the territory annexed to the City of College Park by the Act of the General Assembly of Georgia, approved March 9, 1945, as published in Georgia Laws 1945, Pages 1163, 1164, 1165, 1169 and 1170, as set forth in Section One of said Act, as amended by Section Six of said Act, is as follows: Act of 1945. All that tract or parcel of land lying and being in Land Lot Three (3), Four (4) and Five (5) of the Thirteenth (13th) District of originally Henry, now Fulton County, Georgia; also Land Lots One Hundred Ninety-three (193) and One Hundred Ninety-four (194) and parts of Land Lots One Hundred Ninety-five (195) and Two Hundred Twenty-two (222), and all of Land Lots Two Hundred Twenty-three (223) and Two Hundred Twenty-four (224) of the Fourteenth (14th) District of originally Henry, now Fulton County, Georgia, and more particularly described as follows: Combined description of annexed territory.

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Beginning at the City Limits line of College Park at the Southeast corner of Land Lot No. Five (5) which is the Southwest corner of Land Lot No. Six (6), and from this point running West along the South line of Land Lot Five (5) and along the South Line of Land Lot No. Four (4) and Land Lot No. Three (3), all of the Thirteenth (13th) District of originally Henry now Fulton County, Georgia to the Southwest corner of said Land Lot No. Three (3), and continuing from the Southwest corner of Land Lot No. Three (3) which is the Southeast corner of Land Lot No. Two (2), and running thence North from this point Twenty-nine Hundred Seventy (2970) feet, more or less, along the line between Land Lots Nos. Two (2) and Three (3) to the Northwest corner of Land Lot No. Three (3) which is the Northeast corner of Land Lot No. Two (2); thence running East along the North line of Land Lot Three (3) Twenty-three (23) feet to the Southwest corner of Land Lot No. two Hundred Twenty-four (224) which is the Southeast corner of Land Lot No. Two Hundred Twenty-five (225) of the Fourteenth (14th) District of Fulton County, Georgia, and running from this point North along the West line of Land Lot Two Hundred Twenty-four (224) and the West line of Land Lot Two Hundred Twenty-three (223) to a point Two Hundred Twenty (220) feet South of the Northwest corner of Land Lot Two Hundred Twenty-three (223); from this point running East Two Hundred Twenty (220) feet South of and parallel with the North line of Land Lots Two Hundred Twenty-three (223) and One Hundred Ninety-four (194) to the East line of Land Lot One Hundred Ninety-four (194), which is the West line of Land Lot One Hundred Ninety-one (191), and from this point running North along the East line of Land Lot One Hundred Ninety-four (194) One Hundred Twenty-five (125) feet to a point Ninety-five feet South from the Northeast corner of Land Lot One Hundred Ninety-four (194); thence East parallel with Stone Road and the North line of Land Lot One Hundred Ninety-one (191) Three Hundred (300) feet to the center of Washington or Newnan Road which is the present City Limits Line of College Park; thence running

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Southwesterly along the City Limits Line on Newnan or Washington Road to the East line of Land Lot No. One Hundred Ninety-four (194); thence South along East line of Land Lot One Hundred Ninety-four (194) to Southeast corner of Land Lot No. One Hundred Ninety-four (194); thence West along the South line of the present City Limits of Land Lot No. One Hundred Ninety-four (194) and the North line of Land Lot No. One Hundred Ninety-three (193) Five Hundred Seventy (570) feet; thence Southeasterly through Land Lot One Hundred Ninety-three (193) and along City Limits Line of said City Twenty-nine Hundred Eighty-five (2985) feet, more or less, to South line of Land Lot One Hundred Ninety-three (193); thence East along the South line of Land Lot No. One Hundred Ninety-three (193) which is the North line of Land Lot No. Four (4) and from this point running East along said City Limits Line and line of Land Lots One Hundred Ninety-three (193) and One Hundred Ninety-two (192) and North line of Land Lots Nos. Four (4) and Five (5) to the Northeast corner of Land Lot No. Five (5); thence South along the City Limits line which is the East line of Land Lot No. Five (5) and West line of Land Lot No. Six (6) to the Southeast corner of Lot No. Five (5), which is the Southwest corner of Land Lot No. Six (6), which is the point of beginning. Section IX. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. AUBURN NEW CHARTER. No. 277 (House Bill No. 502). An Act To Create a new charter for the town of Auburn; 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

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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 town of Auburn 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 town; and for other purposes. The corporate name of said town shall continue to be the town of Auburn, 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 town of Auburn shall be the same as heretofore established by law and is herewith defined as follows: And be it further enacted, that the corporate limits of said town shall be one-half mile in every direction from where the 227th milepost on the G., C. N. R. R. originally stood. Corporate limits. Section 2. Be it further enacted, that the inhabitants of the territory above set forth as the town of Auburn are hereby continued as a body politic and corporate under the name and style of the town of Auburn; with power to govern themselves by such ordinances, bylaws, 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 for the use and benefit of said town of Auburn 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

Page 1048

without the limits of said town, 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. Town continued. General powers. Section 3. Be it further enacted, that the corporate authority of said town 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 be owned or controlled by said town 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 town shall have full power and authority to make and enforce such ordinances, bylaws, 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 town proper as indicated in said first section. Corporate authority. Other powers. Section 4. The municipal government and control of said town shall be vested in a Mayor and Four Councilmen. Mayor and Councilmen. Section 5. On the first Wednesday in October there shall be an election for Mayor and Councilmen from among the qualified voters of said town, said election to be held annually thereafter, all of whom shall be elected 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 town. The persons elected as councilmen shall be bona fide residents of said town of Auburn. Such elections shall be held by three managers to be appointed by the Mayor and Council of said town, such managers to be qualified voters of said town. 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

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shall be qualified to vote at such election who shall have bona fide resided in said town for sixty days next preceding the date of such election and are qualified to vote for members of the General Assembly from Barrow 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 town. The Mayor and Council shall have to provide for the qualifications and regulate the time and manner of entrance by candidates in elections for Mayor and Councilmen, or either, of said town. Election, term, qualification. Election procedure; voters. Section 6. 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 town; such special election shall be managed and returned and the results thereof shall be declared and published as heretofore provided in Section 5; 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. The Mayor and any member of the Council may resign by tendering written resignation to the Clerk of said town. Vacancies. Section 7. The Mayor shall be the chief executive officer of said town and shall have general supervision over its affairs. He shall see that all laws and ordinances of said town are faithfully 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 exigencies of the case require it. He shall examine and audit all accounts of the town before the same shall be paid. He shall sign all deeds and contracts, approve all bills and vouchers. Mayor, duties, powers. Section 8. 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

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or called meeting at which a quorum shall be present, order said objections entered in 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 approvel of the Mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Ordinances, resolutions. Section 9. 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. Salaries. Section 10. 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 and 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. Mayor and Councilmen. Meetings, quorum. Section 11. At the first Thursday in October, Mayor and Councilmen shall proceed to elect for said town by ballot from among the qualified voters thereof, a Mayor Pro Tem., a clerk and 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 town 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 town, an inspector of wiring and a building inspector. 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

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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. Mayor Pro Tem.; town officers. Section 12. In the case of the death, resignation, removal from office, or absence from the town 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 town by this charter and the ordinances, rules and regulations of said town. Mayor Pro Tem. Section 13. The Clerk of said town is authorized and shall receive all returns of property for taxation both real and personal; assess and double tax all property not returned in said town for taxation; the Clerk shall collect all taxes and licenses fees due said town and keep such records as is necessary if said office for the proper handling the funds of said town. The Clerk shall perform all such duties as may be imposed upon same by the Mayor and Councilmen for said town. Clerk. Section 14. The Board of Tax Assessors in said town 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 town, 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 town. 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 town of Auburn 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

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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 assesment and of the time and place of the hearing, at which time and place a full, legal hearing shall be afforded by said board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notices 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 taxpayer 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. Board of Tax Assessors. Taxation. Section 15. It shall be the duty of the police officers to make arrests, within and without the limits of said town, of all persons violating any ordinance of said town, 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 statues 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 Barrow County for all offenses against the laws of this State committed in said town 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 town and to remain the property of the town. Police officers. Violations of laws or ordinances.

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Section 16. 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 be a duly authorized guaranty or surety company. Town officers. Bonds. Section 17. Each officer of said town before entering upon the discharge of the duties of his office shall take and subscribe before a judge of some court in Barrow County an oath that he will faithfully discharge the duties of his office to the best of his skill and ability. Oath. Section 18. Said mayor and aldermen shall have sole right to try impeachments of all officers of said town. When sitting for that purpose they shall be under oath or affirmation when the mayor shall be tried, the council 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 19. Said mayor and aldermen shall have full power and authority to make all ordinances, bylaws, 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 tranquility of any citizen of said city; the punishment of persons loitering about the streets of said city; the inspection of steam boilers; the regulations and prevention of the storage of gunpowder, tar, pitch, rosin, coal oil, benzinen naphtha, turpentine, hemp, cotton, petroleum, nitroglycerine, dynamite, and all other combustible or explosive substances of lights in stables, shops and other places and the building of bonfires; and the regulation and

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prevention of the use of firecrackers, torpedoes, Roman candles, sky rockets and other fireworks. Police and other powers. Section 20. 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 town, 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 town, and funds now in the treasury of said town 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. Slaughtering animals. Cemeteries, burial. Section 21. 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 fireproof. Said mayor and aldermen shall have power to determine what buildings and structures are not fireproof. Should any person erect or cause to be erected within such fire limits any building or structure not fireproof, 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 town 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 thereto. Fire limits; buildings, etc.

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Section 22. Said mayor and aldermen shall full power to open, lay out, widen, straighten and otherwise change streets, alleys, and squares in said town; to establish and fix such systems of grading and draining the streets of said town as they shall deem proper; and to condemn private property for any of these purposes. And may divide the town in such zones as to various kinds of business and as to residence property and business property and only the kind of structures and uses of the property can be made and had as is provided by ordinance passed for such purposes. Streets, alleys; condemnation; zoning. Section 23. 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. The Mayor and council may provide for proper inspection of buildings erected in said town and for the inspection of electric or power wiring placed in new buildings or old buildings and by proper ordinance require the persons building or wiring said buildings to pay for such service and for the punishment of any and all persons refusing to comply with such ordinance. Electric light plant, waterworks. Wiring, inspection, etc. Section 24. All rights of eminent domain and all rights and power to condemn property conferred by this Act upon said town, upon said mayor and aldermen, or upon any officer of said town shall be exercised in accordance with Section 4657 to 4686 both inclusive of the Code of Georgia of 1895 and Acts amendatory thereof. Eminent domain. Section 25. 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 town for supplying water and lights for said town and the inhabitants thereof and charging and collecting therefor. Maintenance, etc., of utility systems. Section 26. 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 town

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and to provide rules and regulations for the working of persons sentenced to confinement at labor for violations of ordinances of said town. Work on streets and public works. Section 27. Said mayor and aldermen shall have full power and authority to make, adopt and enforce all ordinances, bylaws, rules and regulations which they may deem proper for the security of the peace, health, morals, good order, proper sanitation and general welfare of said town and the inhabitants thereof, and for the protection of the property, rights and interests of said town. Police and general welfare powers. Section 28. 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 town; such penalties not to exceed for any such violation a fine of one hundred dollars, imprisonment in the calaboose or building used for that purpose for sixty days and confinement at labor on the public works of streets of said town sixty days. Violations, punishment. Section 29. Said mayor shall have full power and authority to hold a mayor's court for said town for the trial of persons charged with offenses against the ordinances of said town and to impose such penalties for the violation of such ordinances as may be prescribed by ordinances of said town. 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 30. Any police officer of said town shall have authority to release any person arrested for violating any such ordinance of said town upon such person giving a bond payable to said town in an amount and with surety to be approved by the chief of police or mayor of said town 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 town may refuse to release on bond any person whose appearance in said town would likely be dangerous, indecent or in violation of any ordinance of said town. Arrests, bond. Section 31. If any person so released shall fail to so appear

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for trial such bond shall be forfeited; and a rule nisi shall be issued requiring him and the surety 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 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 town. 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 town, shall be directed to all police officers of said town 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. Section 32. For the purpose of raising revenues for the support and maintenance of the government of said town 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 town 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 February 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 33. Said mayor and aldermen shall have full power and authority to require all persons, firms, companies

Page 1058

or corporations engaged in prosecuting or carrying 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 intoxicating liquors. Business, etc., registration and licenses. Section 34. 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. Theatrical performances, etc. Licenses. Section 35. Said mayor and aldermen shall have full power and authority to license billard tables and tenpin alleys, shooting galleries and all public billard tables kept or used for the purpose of playing or renting and all public tenpin alleys and ninepin 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. Billiard tables, tenpin alleys, etc. Licenses. Section 36. 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 town 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 superintendence over pawnbrokers as will insure fair dealing between them and their customers. Brokerage; pawnbrokers. License, taxes. Section 37. 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. Itinerant traders. Tax. Section 38. Said mayor and aldermen shall have authority

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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. Tax, etc., executions. Section 39. The annual expenses of said town shall be so restricted as not to exceed the annual income thereof. Expenses not to exceed income. Section 40. Said mayor and aldermen shall have the power and authority to contract debts and issue bonds of said town 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 town; to create a debt and issue bonds of said town for any other lawful purpose under the limitations herein stated; and to levy a tax of five eighths of one percent annually upon the assessed property of said town to discharge said debts. Debts, bonds. Tax. Use of funds. Section 41. A bond commission of the town of Auburn is hereby created to be composed of three bond commissioners, who shall be discreet and conservative business men of said town 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 and 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 town which now exist or which may hereafter exist and for the payment of the interest which may become due on any of such bonds. Said mayor and aldermen shall provide for delivering and paying over to said commission all taxes which may hereafter be collected for the purpose of paying any bonded debt of such town or any interest thereon, and shall provide for delivering and paying over to said

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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 town. From the funds which shall go into the hands of said commission all bonds of said town 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 reinvest the proceeds; and in their discretion, to buy any of the bonds of said town of Auburn before maturity thereof any 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 town 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 town 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 expenses of said commission. Bond Commission. Powers, duties. Procedure. Section 42. No order, ordinance or resolution having for its object the increase of the indebtedness of said town 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 had at the next regular meeting of the mayor and aldermen. And member shall have the right to call for the ayes and nayes which shall be recorded on the minutes. Ordinances, etc., to increase indebtedness or expend moneys. Procedure. Section 43. Be it further enacted, That the mayor and council of the town of Auburn shall have power and authority to employ competent counsel for said town whose salary

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or compensation, term of office and duties shall be fixed by ordinance. Town counsel. Section 44. 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 45. Said mayor and aldermen shall have power and authority to provide for the registration of voters prior to any municipal election in said town; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid. Voters. Section 46. 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 town or upon the property mentioned in the preceding sections hereof, to bind over offenders in bailable cases to the proper court in Barrow 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 town 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, binding over offenders, etc. Section 47. Said mayor and aldermen shall require the clerk to keep a book to be known as The Permanent Registration Book of the Electors of City in which event the electors of said town shall sign said book upon an oath containing therein substantially the following: Registration book. I do solemnly swear that I have resided within the limits of the town of Auburn for sixty days, and that I am qualified to vote for the members of the State Legislature in the County of Barrow. Oath. No person not so registered shall be allowed to vote in any election. Section 48. 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

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of said town to register therein; provided that no person registering therein 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. Duties of clerk as to registration book. Permanent registration. Section 49. Whenever any general or special election is to be held in said town, 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. Procedure before elections. Voters' list. Section 50. 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 town 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.

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Notice may be given by a letter addressed to said illegally registered person by mailing same to him at....., Georgia. Appeals from Board of Registrars. Open book. Purging list. Section 51. 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 town. List to election managers. Section 52. That the Mayor and Council of said town are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect 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 town of Auburn and collect the same against any person, firm or corporation domiciled within the corporate limits of said town for whom the sanitary department may render service. Sanitary tax; department; regulations. Section 53. That the Mayor and Council of said town are hereby invested with full power and authority to establish, equip, maintain, modify, extend and improve, a system of sewerage and drains in said town of Auburn and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said Mayor and Council seem reasonable and proper for sewer connections and/or service, which said charges shall be enforceable in the same manner that charges for water furnished to said town are enforced. Sewerage and drains. Section 54. That the Mayor and Council of said town of Auburn 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 or where payment for same is not promptly paid and to enforce by execution against any

Page 1064

consumer or person served in the same manner as tax executions are issued and enforced. Water, electricity, gas, heat, sewer service. Section 55. That the Mayor and Council of said town 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 town. 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 town. Grading, paving; improvements of streets, etc. Assessment of cost. Section 56. That the Mayor and Council of said town shall have the right and power to require that permits be obtained for the purpose of erecting any building within the town of Auburn 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 57. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repeal clause. Section 58. The said town shall have the right to contract with Government or State Agencies, or private individuals as fully and completely as that power can be granted any town or city under the charter and laws of Georgia and shall have the power to issue any certificates for water works or water system that any town or city in Georgia may issue under the present constitutional laws of said state. Right to contract. Waterworks certificates. Said town shall have the power to issue bonds for loans and improvements as fully as any town or city under the constitutional laws of Georgia is permitted to do so. Bonds. Approved March 27, 1947. JESUP CHARTER AMENDMENTS. No. 278 (House Bill No. 521). An Act To amend the Act incorporating the City of Jesup, Georgia, approved December 16, 1937, entitled An act to incorporate and create a new charter for the City of

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Jesup, in Wayne County, Georgia; to prescribe the rights, powers, government and jurisdiction of said City; to fix the corporate limits of said City; to confer extraterritorial jurisdiction upon said City; to provide that no valid and existing ordinance nor contract made nor right acquired of its predecessor corporation shall be affected by this Act; and for other purposes, so as to give to the Mayor and Council of the City of Jesup the power and authority to levy an ad valorem tax not exceeding two per cent for the ordinary current expenses; to prohibit animals from running at large in said City; to fix the salary of City Clerk and Treasurer and City Marshal and Chief of Police; to fix date and hours for holding general elections therein; to prescribe penalties for violations of ordinances; to repeal certain sections; and for 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 following sections of said Act approved December 16, 1937 (Georgia Laws Extra Session 1937-8, pages #1142 through 1203) be and the same are hereby amended by striking therefrom, respectively, the portions hereinafter described, as follows: Act of 1937 amended. (A) Section 15, prescribing clerk's duties, by striking therefrom the last two sentences reading, as follows: When the offices of Clerk of the City of Jesup and Treasurer of the City of Jesup are held by one and the same person, the salaries shall be fixed by the Mayor and Council in whatever amount they may deem proper, except that in no event shall the combined salaries of both offices exceed the sum of $125.00 per month; and when both of said offices are held by two different persons, the salary of each shall be fixed by the Mayor and Council, but in no event shall the combined salaries for both offices exceed $125.00 per month. The Clerk and Treasurer shall receive no other or further compensation from the City of Jesup. Sec. 15. Salaries, Clerk and Treasurer. (B) By striking all of section 21, fixing maximum salaries for City Marshal and Chief of Police. Sec. 21. Salaries, Marshal and Chief of Police. (C) Section 33, prescribing election regulations, by

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striking therefrom the words: And that the polls shall open at seven o'clock, A. M., and close at six o'clock, P. M. Sec. 33. Polls. (D) Section 43, setting general election date, by striking therefrom the first two sentences reading, as follows: That all regular elections for Mayor and Councilmen of the City of Jesup shall be held on the first Saturday in December in each election year. Beginning with the first Saturday in December, 1937 and biennially thereafter. Sec. 43. Election date. (E) By striking all of section 48, reading, as follows: Section 48. Be it further enacted, that the ad valorem tax levy for all purposes in said City of Jesup shall not exceed a total of twenty-two mills in any one year, and that the Mayor and Council shall fix and provide conditions upon which a discount of 20% on all ad valorem taxes shall be allowed tax payers. Sec. 48. Ad valorem taxes. (F) By striking all of section 99, providing for a planning commission, section 100, providing for its rules, section 101, prescribing its powers, so that there will be no conflict with the general law on zoning and planning in municipalities, approved January 31, 1946. Secs. 99, 100. Planning, zoning. Section 2. That the Mayor and Council of the City of Jesup shall have the authority to fix the salary of the City Clerk, City Treasurer, City Marshal, and Chief of Police, without limitation as to the amount but same to be in the sole discretion of Mayor and Council. Authority to fix salaries without limitation. Section 3. That all regular elections for Mayor and Councilmen of the City of Jesup shall be held on the First Thursday in December in each election year, beginning with the first Thursday in December 1947, and biennally thereafter. Election date. Section 4. That all elections held under the provisions of said act as hereby amended the polls shall open at eight o'clock A. M., and close at six o'clock P. M., according to the time prevailing in said city on date such election held. Polls. Section 5. That the City of Jesup shall have power and authority to allow on ad valorem taxes a discount, not to exceed twenty per centum, however, upon such terms and conditions and in such amount as may be determined and fixed by the Mayor and Council. Ad valorem tax discount.

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Section 6. That the City of Jesup shall have power and authority to assess, levy and collect for the ordinary current expense of said City on ad valorem tax upon the property described in section 47 of said act not exceeding two per cent upon the value of said property, or twenty mills on the dollar. Ad valorem tax. Section 7. That where any law, resolution or ordinance of said city does not provide any penalty for violation of same, upon conviction thereof in the Police or Recorder's Court of said City of Jesup, the offender shall be punished by a fine not to exceed Three Hundred Dollars or imprisonment or labor as set forth in section 115 of said act. Violations. Punishment. Section 8. That the Mayor and Councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, cows, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the Mayor and Councilmen. Animals, fowls. Section 9. That if any section or clause of this act shall be declared unconstitutional by any court in this state of competent jurisdiction it shall in no wise affect or invalidate the remaining sections or parts of sections of this act. If part unconstitutional. Section 10. That all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Repeal clause. Section 11. There is hereby attached to and made a part of this act a copy of the notice of the intentions to apply for its passage certified by the publisher that same was published in the Jesup Sentinel in the issue of February 20,

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February 27, and March 6, 1947, said newspaper being the one in which the Sheriff's advertisements for Wayne County are published. Published notice. Approved March 27, 1947. TRENTON NEW CHARTER. No. 279 (House Bill No. 523). An Act to provide a new charter for the City of Trenton, by consolidating the Act of 1935, known as TRENTON NEW CHARTER, approved March 15, 1935, and appearing at pages 1183 to 1210, inclusive, of Georgia Laws of 1935, and the Act of 1937, approved December 6, 1937, amending said TRENTON NEW CHARTER; to provide in said new charter for the assessment and levy of an ad valorem tax of not more than ten mills, or ten dollars on the one thousand dollars, on all of the taxable property within the corporate limits of said City of Trenton, for the purpose of paying the expenses of the government of said City of Trenton; to provide that the annual election for mayor, councilmen and recorder of said city shall be held on the first Tuesday in December biennially, instead of the fourth Tuesday in December; to provide that all persons over eighteen years of age, otherwise qualified to vote, shall be qualified to vote in all elections held within said City of Trenton; to repeal all laws and parts of laws inconsistent with these provisions, 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 1935, known as TRENTON NEW CHARTER, approved March 15, 1935, and appearing at pages 1183 to 1210, inclusive, of Georgia Laws of 1935, and the Act of 1937, approved December 6, 1937, be and the same are hereby consolidated. The corporate existence and identity, territorial limits and jurisdiction of the City of Trenton, in the County of Dade, State of Georgia, with all corporate rights, powers, and privileges conferred and all duties, obligations and liabilities imposed by law are hereby

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preserved into said city except as amended by this Act. All resolutions, rules, and ordinances thereof now in force not in conflict shall remain unchanged subject hereafter to be amended or repealed by the duly constituted authorities of said city. All property rights and interest now held, owned or possessed by said city and all pending suits by or against said city are preserved and unaltered. Acts of 1935 and 1937 consolidated. Rights, duties, ordinances, etc., preserved, except as amended. Section 2. Be it further enacted by authority of the same, that the corporate limits of the City of Trenton shall be one mile square, with the Dade County Courthouse the center thereof. Corporate limits. Section 3. Be it further enacted, that the municipal government of the City of Trenton shall consist of a mayor, recorder, and four councilmen, who shall be bona fide residents of the City of Trenton and freeholders therein and shall be elected from the city at large, who are hereby constituted a body corporate of the name and style of the City of Trenton and by such name they shall have perpetual succession, with power and authority to contract and to be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal, shall be able in law or equity to purchase, have, hold, and enjoy, receive, possess, and retain to them and their successors in office for the use and benefit of the City of Trenton in perpetuity or for any term of years, any estate or estates, real or personal of every kind and nature within or without the corporate limits for corporate purposes, to have and to hold all property now belonging to the city either in its own name or the name of others for the use of said city for the purpose and intents for which the same was given, granted, dedicated, or purchased; to use, manage, and improve, sell keep, rent or lease the same and shall have like power to all the rights and liabilities of the present corporation. They shall have power to borrow money and give evidences of indebtedness for the same, to issue bonds from time to time and to do and perform all and every act or acts necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, bylaws, regulations, and ordinances or other orders as they may deem proper not in conflict with this charter or the constitution

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and laws of this State or the United States. Mayor, Councilmen, Recorder. City incorporated. General powers. Section 4. Be it further enacted, that all the present officers of said city shall hold their respective offices until the second Monday in January, 1948, and until their successors are elected and qualified. Term of present officers. Section 5. Be it further enacted, that the next general election for mayor, councilmen and recorder shall be held on the first Tuesday in December, 1947, and on each first Tuesday in December thereafter biennially. There shall be elected at each such election a mayor, four councilmen and a recorder, who shall be elected for a period of two years from the second Monday in January following and until their successors are elected and qualified. The candidate for mayor receiving the highest number of votes cast shall be declared elected mayor and the candidates receiving the highest number of votes cast for councilmen shall be declared elected as councilmen of said city and the candidate receiving the highest number of votes cast for recorder shall be declared elected recorder. In case of tie in the election of any of the said officials, as to the office in which a tie has resulted, another election shall be had the following Tuesday. The newly elected officers shall take oath and assume the duties of office on the second Monday in January following, or as soon thereafter as possible. Elections of officials. Section 6. Be it further enacted that the recorder of the city council shall keep a book to be labeled Registration Book of the City of Trenton in which he shall register upon application in alphabetical lists, keeping a separate list of white and colored voters, the names and ages, of all persons who shall make and subscribe the following oath: I do solemnly swear (or affirm) that I am a citizen and qualified voter of the State of Georgia, according to the Constitution and Laws and thereof and that on the 4th Tuesday in December next, I will have been a bona fide resident of the City of Trenton six months. Sworn to and subscribed before me this..... day of....., Recorder. Recorder. Registration book. Oath. Such registration shall be kept open for registration of voters 30 days preceding such election when it shall be closed five days before each election. Said book shall be kept open at the courthouse five days prior to its closing date, said days to be the last five days for registration. Said book

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shall be open at each election, in charge of the managers, and no person whose name is not found thereon shall be allowed to vote. The recorder shall have such compensation for keeping the registration book as the council shall allow. Section 7. Be it further enacted by the authority aforesaid, that no person shall be eligible for the offices of mayor, councilmen and recorder of said city who has not been a resident thereof for one year or more continuously preceding his election. Eligibility of officials. Section 8. Be it further enacted by the authority aforesaid, that all persons eighteen years of age or over, who have been bona fide residents of said city for six months before the date of election, and who have registered as hereinbefore required, shall be qualified electors in all municipal elections. Electors. Section 9. Be it further enacted, that persons authorized to hold city election shall be justices of the peace or intelligent upright freeholders and there shall be three managers appointed by the mayor and council for each election and they shall notify them at least three days before each election. Said election shall be held at the Dade County Courthouse. The managers shall receive such compensation as the mayor and council shall determine. Said managers shall conduct said elections as near as practicable as elections for the members of the General Assembly are conducted. The polls at such election shall be opened at 8 o'clock A. M. and closed at 6 o'clock P. M. and a manager shall be eligible to open and close the polls. The managers before proceeding with the election shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election, that we are qualified by being freeholders or justices of the peace to hold the same and that we will make a just and true return thereof and will not knowingly permit any one to vote unless we believe he or she is justly entitled to do so according to the charter of this city nor will we knowingly divulge for whom any vote was cast unless called upon to do so under the law, so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity of which he acts. Said oath shall be made and subscribed to before some official authorized by law to administer oaths, if any

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be present, and if no such officer be present said oath may be made and subscribed by each manager in the presence of the others. The managers acting at the first election under this charter shall issue a certificate of election to each of the persons selected which shall be recorded in the records of the City. Said certificate shall be sufficient authority to the persons elected to enter upon the discharge of their official duties at the beginning of their terms of office and after they have qualified as herein provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the councilmen and the recorder, a like certificate and shall also certify as to the result of the election to the acting council which last certificate shall be entered upon the records of said mayor and council, said mayor shall also furnish to the City council one of the tally sheets of said election, certified by them. Elections. Procedure. Section 10. Be it further enacted, that in the event the office of mayor or any one or more of the councilmen or the recorder, becomes vacant by death, removal, disqualification or for other cause, such vacancy or vacancies shall be filled by an election called by the city council or the remaining members thereof to be held not earlier than ten days nor longer than twenty days from date of said vacancy or vacancies. Said newly elected person or persons to fill the unexpired term or terms only. Vacancies. Section 11. Be it further enacted, that before entering upon the duties of the respective offices, the mayor, council, and recorder shall make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor, councilman or recorder during my continuance of office, according to the best of my ability and understanding so help me God. Said oath shall be entered upon the records of the city. Officials' oath. Section 12. Be it further enacted, that the mayor and councilmen and recorder of said City of Trenton shall be and are hereby required to make a public financial statement of the amounts received and expended by them as officials of said city at the close of each year. A copy of said financial statement shall be posted on the bulletin board in Dade County Courthouse for the preceding year not later than the 1st Monday in January of each year. Financial statements.

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Section 13. Be it further enacted, that the duties of the officers herein created and established shall be as follows: Duties of officers. It shall be the duty of the mayor to preside over the meetings of the mayor and councilmen; to make all appointments subject to ratification or rejection by the councilmen of all officers not elected by the people except mayor pro tem., city marshal, city physician and city attorney which officers shall be elected by the mayor and councilmen; to employ all laborers, tradesmen, clerks, and other persons necessary for carrying out the provisions of this charter and discharge them when their services are not longer required or for any other cause it becomes expedient to do so, but the wages and salaries of such persons to be fixed and classified by the mayor and councilmen; to superintend all public city work or when necessary employ a person or persons of experience and competence to do so, and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. Mayor. Other officers. It shall be the duties of the councilmen to attend all meetings of the mayor and council, whether regular or called; to hear all apeals in conjunction with the mayor or persons who have been convicted of the violation of ordinances in the recorder's court, and acquit such persons of said offenses, or affirm the recorder as the law and facts of such cases may warrant without fear or favor; to hear all appeals in conjunction with the mayor brought to taxpayers of the City of Trenton who are dissatisfied with the tax assessments of the recorder, and raise, lower or affirm such assessments as justice and fairness between the parties may warrant without fear or favor, and to do any and all acts incidental to the performances of the above duties and to the discharge of the provisions of this charter. It shall be the duties of the city recorder to keep all records of the City's affairs in books to be provided for by order of the mayor and councilmen; to attend all the meetings whether regular or called of the mayor and councilmen; keep the minutes of said meeting and act as secretary at same; he shall be the treasurer of the city and shall give good and solvent bond in the sum of $1,000 payable to the mayor and

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council for the faithful performance of his duties as treasurer; he shall be the custodian of the funds said city and shall make itemized reports of all receipts and disbursements and submit the same when called upon by the mayor and council; he shall issue all processes and shall discharge all duties required of him by the laws, ordinances and rules regulating the government of said city; he shall be the receiver of tax returns for said city as hereinafter provided; he shall be the collector of all city taxes as hereinafter provided; he shall hold police court for the trial of all persons charged with the violation of ordinances, rules and regulations of said city and upon conviction to punish said offenders as hereinafter provided and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. No persons shall be eligible for the office of city marshal hereinbefore provided for unless he shall have been a bona fide resident of the City of Trenton for not less than one year next preceding his appointment as such and unless he be a qualified voter of said city at the time of said appointment, and unless he make a good and solvent bond in the sum of $1,000 payable to the mayor and his successors in office and approved by the mayor and council. Before entering upon his duties he must make and subscribe the following oath: Councilmen. Recorder. Marshal. I do solemnly swear that I will faithfully discharge all the duties devolving upon me as marshal for the City of Trenton during my continuance in office according to the best of my ability and understanding, so help me God. Should the growth of the city at any time make it necessary additional policemen may be appointed by the mayor or if at any time an emergency should arise making it necessary to appoint special policemen the mayor shall appoint them for such emergency and discharge them when the emergency requiring their services is past. Any and all additional police appointed by the mayor must have the same qualifications and must make and subscribe the same oath as that of the marshal. It shall be the duty of the marshal to receive, execute and return all writs, processes, warrants or other instruments emanating from the recorder's court or from the mayor

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and council directed to him; he shall receive, execute and return all tax executions or other executions bearing test in the name of the mayor and recorder of said city; he shall make arrests and bring before the recorder persons charged with the violation of ordinances, rules and regulations of said city; he shall keep the peace within the limits of said city and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. The mayor and councilmen shall elect at the first regular meeting and biennially thereafter a mayor pro tem. who shall be one of the councilmen and whose duty it shall be to act in all cases in the absence or disqualification of the mayor, during which time he shall be clothed with all the necessary powers of the mayor and is hereby required to perform all the duties required of the mayor. At the same meeting of mayor and councilmen they shall in like manner elect a city physician who shall be a regular licensed practicing physician residing in Trenton, and whose duties shall be to attend the prisoners of the city when called upon to do so; to be chairman of the city board of health should the mayor and council of said city find it expedient to organize such a board, power being hereby conferred upon them to be so when in their discretion they deem it necessary; to attend the indigent of said city when called upon to do so by the mayor and council and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. Policemen. Duties of Marshal. Mayor Pro Tem. City Physician. At the said meeting of mayor and council they shall in like manner elect a city attorney who shall be regular practicing member of the bar in Trenton, and whose duties it shall be to attend the sessions of the mayor and council; the sessions of the recorder's court; to provide legal advice for any and all the city officials and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. City Attorney. The marshal, mayor pro tem., city physician and city attorney who are appointed by the mayor and councilmen, shall be appointed at the first regular meeting of

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the mayor and council and shall hold their offices for two years, their term expiring at the same time as the terms of the elective officers. The terms of office of all persons appointed by the mayor not herein mentioned shall expire as the terms of the elective officers. All persons elected by the mayor and councilmen and appointed by the mayor are subject to removal by the appointing authorities at any time upon good cause shown. Unless sooner removed all persons thus appointed shall hold their offices during their terms and until their successors are elected, appointed and qualified. Election, terms, and removal of officers. The mayor and council shall have authority to prescribe by ordinance from time to time such other duties of the various officers of the city as are herein provided for. Other duties of officers. Section 14. Be it further enacted by the authority aforesaid, that there be in the City of Trenton and there is hereby created a police court for the trial of all persons charged with the violation of ordinances, rules and regulations of said city. Said city shall be presided over by the recorder who is hereby made police judge of said city. He shall have jurisdiction over all persons arrested and brought before him for trial for violation of the ordinances, rules, and regulations of said city and after hearing the evidence in such cases, he shall acquit such defendants or convict them as the law and justice of each case may direct. Upon conviction he shall punish said offenders by a fine not to exceed $50.00 and cost or in default thereof by labor on the streets or any public works of said city under the control and direction of the proper officers thereof not to exceed 60 days, or be confined in the common jail not to exceed 60 days. Police Court, Recorder. Punishment of offenses. Any person who may be thus convicted before the recorder shall have the right to appeal his case to the mayor and council and shall be released from custody at once provided he can give bond with good security not to exceed $100.00 pending said appeal. If he be unable to give such bond he shall be committed to the common jail of Dade County pending such appeal which he shall be entitled to have heard at the next regular meeting of the mayor and council, provided said regular meeting is to be held within three days from the date of the appeal; otherwise defendant

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shall be entitled to have his appeal heard within three days at a meeting of said mayor and council called especially for said hearing. The mayor and councilmen may call a meeting for the purpose of hearing appeals at any time at which meeting it shall be the duty of the mayor and all councilmen to be present, but the mayor and two councilmen or the mayor pro tem. and two councilmen shall constitute a quorum and have full and complete jurisdiction over said matters. Appeals. If the defendant be dissatisfied with the findings of the mayor and councilmen upon said appeal, he may certiorari his said case to the Superior Court of Dade County provided he give bond with good and solvent security for his appearance before the recorder should his certiorari be dismissed. By giving notice of such certiorari and by paying said fine and all costs or by giving bond to secure the same or by making oath that owing to his poverty he is unable to pay said fine and costs or make bond for the same, he may suspend the judgment and be released from custody at once upon giving bond to appear before the recorder in the event his certiorari is dismissed as aforesaid; provided all certioraris from the mayor and councilmen must be sued out, sanctioned and filed within thirty days from the judgment, and no certiorari shall issue until the fine and all costs have been paid or affidavit made by the defendant showing his inability to pay said fine and cost or give bond to secure same. All appeals tried by the mayor and council shall be tried de novo. The recorder and mayor and council as courts shall have power to punish contempt by a fine not exceeding $25.00 or in default thereof by confinement in the common jail of Dade County not exceeding ten days. The recorder and mayor and council may call and hold their respective courts at any time deemed by them proper and necessary to clear the jail and the dockets of said courts, provided that defendants shall have the right to have their appeals heard by the mayor and council within three days from date of conviction in recorder's court. If the recorder be absent or for any reason disqualified the mayor shall have the power to hold said police court, or should the mayor be absent or for any reason disqualified the mayor pro tem. shall have the power to hold said court as aforesaid. The person holding said court shall have the authority to bind over to the

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grand jury any persons charged with the violation of a State law in which case he will sit as justice of the peace and for this purpose be invested with like power. Certiorari. Appeals tried de novo. Contempts. Times of courts. Officials to hold Police Court. Binding persons over. Section 15. It is the duty of the recorder to collect all taxes due said City of Trenton and he shall diligently investigate each year and ascertain if all the property in said city subject to taxation has been returned for taxation as provided for by law and in the event any property is found that is subject to taxation that was returned the previous year but was not returned for the current year or if he find any property that is subject to taxation that he cannot find in the returns of the previous year then it shall be his duty to double tax said property from the valuation at which it was returned the year previously, and if said property has not been returned to double tax said property from a fair valuation to be put on it by said recorder for the time which it has not been returned and for which taxes have not been paid during the four years previous; provided, however, that the city council may in their discretion relieve said property from said double tax or lessen or raise the returns of any freeholder for good cause shown. It is also the duty of the recorder to collect all special taxes as hereinafter set forth or which may from time to time be imposed upon certain businesses and occupations. Taxes. Duty of Recorder. Section 16. Be it further enacted, that the salaries or compensation of mayor, councilmen and recorder of the City of Trenton shall be fixed by the mayor and council at the first regular meeting in January of each term for the ensuing term which salaries or compensation shall not be altered during the term of office of such officers. Fixing of salaries by Mayor and Council. Be it further enacted that the mayor or mayor pro tem. and two of the councilmen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time and may compel the attendance of absentees. Any councilman shall have the right to call for the ayes and nays and shall have the same recorded in the minutes. In all cases the mayor shall have no vote except in case of a tie. Quorum, voting. Section 17. Be it further enacted, that the mayor and city council of Trenton shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants,

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boarding houses, livery stables, hacks, drays, and other vehicles for hire, garages, manufacturing industries, auctioneers, vendors, itinerant traders, theatrical performances, shows, circuses, exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling and itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever. They shall have like power and authority over and upon every keeper of a pool, billiard or bagatelle table kept for public use, every keeper of a shooting gallery, ninepin, or tenpin, alley, upon the keeper of any other table, stand or place for the performance of any game or trivances, upon the keeper of flying horses, bicycles, velocipedes, or skating rinks, motorcycles or flying machines, insurance agents, life and fire insurance companies, brokers, dealers in pictures, loan agents, agents for industrial and aid societies that charge weekly, monthly or annual dues, premiums or assessments, agents for any other business or calling whatever. Keepers of slaughter houses, beef markets, green groceries, dealers in fruit, oysters, vegetables, milk, bread and other articles of food, upon every pawnbroker and upon all establishments, businesses, callings or avocations not hereinbefore mentioned and which under the laws and constitution of the State of Georgia are subject to license and tax. Licenses, taxes, and regulation of businesses, etc. Pool tables, other amusement places and businesses, etc. Section 18. Be it further enacted, that said mayor and city council shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys or public sidewalks in said city. They shall have power if necessary to regulate and establish a market or markets in said city, to regulate all butcher pens, slaughter houses, tan yards, livery stables, oil mills, guano factories, blacksmith shops, porches and chimneys, steam saw mills, steam grist mills and other machinery, millponds and gins within said city, and remove and cause to be removed at the expense of the owner or lessee of the same in case they become nuisances, dangerous or injurious to the health of the city, or cause the owner to do so, when they shall deem it necessary to the public interest to have the same done. They shall also have the power to regulate and control all

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public wells, pumps, running streams, branches, creeks, or springs in said city and shall prevent the adulteration of water thereof, in any way whatever. They shall also have the power to regulate and control all fire companies, their engines, reels, houses and hose or any other apparatus of like character is said city. They shall have also the power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys, sawdust, or any animal or vegetable matter of any kind which might be considered a nuisance or considered dangerous, at the expense of the owner. Should any owner or lessee fail or refuse to comply with any order passed for such purpose the work may be done by the city and the expense attending the same collected by execution issued against said owner or lessee and said execution shall proceed and have the same force, power and dignity as an execution for taxes that may be issued by the said city. Obstructions, nuisances. Dangerous businesses, etc. Regulative powers for health. Fire companies, etc.; unsafe buildings. Section 19. Be it further enacted, that the mayor and city council shall have power to open any new street in said city or to alter or extend any street, and to condemn private property upon the following conditions: If the owner of the property asserts his claim that he will be damaged thereby and if such owner and the mayor and council are unable to agree as to the amount thereof, the mayor and council shall select one upright, intelligent freeholder of said city and the owner of said property shall select one such person, or if he fail or refuse to make such selection within five days after having been notified by the mayor and council of their selection, then it shall be the duty of the clerk of the Superior Court of Dade County to select some intelligent freeholders as aforesaid and it shall be the duty of said three persons to assess the damage as sustained by the owner of said land, taking into this consideration the enhanced value, if any, to the property by reason of the public improvement, and either party may appeal from the award of said arbitrators to the Superior Court of Dade County; provided that the mayor and council upon payment or tender to the owner or his agents of any sum found by said arbitrators shall have the right to proceed to open, alter or straighten said street, notwithstanding said appeal. Streets. Condemnation of property. Procedure.

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Section 20. Be it further enacted, that the mayor and council shall have power and authority to require the railroads or street railroads or street railroads running through said town, of a portion thereof to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner as said mayor and council shall deem necessary, to pave or repair such crossings or to open any street in said town crossing them, to require all railroads to build and construct, and maintain proper culverts and sewers under its property, to properly drain and carry off all surface water and to keep the same free from mud, debris, etc., and the mayor and council may pass any ordinance needful for carrying out the provisions of this section, and in case any railroad or street railroads shall fail or refuse to make such crossings or culverts within fifteen days or to repair the same within ten days after having been notified to do so by the mayor and council in writing, said mayor and council shall be entitled to the remedy of mandamus. Railroads. Section 21. Be it further enacted, that the mayor and council shall have the power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and renew and repave the streets, alleys, lanes, bridges, sidewalks, cross ways, drains and gutters within the limits of said city and to improve and light the same and keep them free from obstruction for the use of the public or of any of the citizens of said city; to regulate the widths of sidewalks and streets, to compel the owners or lessees of property to pave, repair, renew and repave curbing and sidewalks along the streets abutting said property owners and said city and the mayor and councilmen thereof are hereby expressly authorized and empowered to drain, raise, pave, macadamize, repair, renew and repave and improve the public sidewalks of said city and to put down, repair and renew curbing and drains, cross drains, crossing and other improvements, thereon, according to their own specifications and to charge, assess and collect the expense or cost thereof from the owners of such abutting property, and upon refusal of such owner or owners to make payment of such assessment after 30 days a written demand

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suit in superior court will be for the collection thereof as now provided for by law, and the City of Trenton will have a lien on such property which the recorder shall have recorded in the office of the Clerk of the Superior Court. Streets, alleys, sidewalks, etc. Powers of City. Cost of improvements. Collection, lien. Section 22. Be it further enacted, that should any persons, firms or corporations fail or refuse to pay the city tax or license or assessment or fine legally imposed by the city authorities within the time allowed or prescribed by the ordinance of said city, the recorder shall issue an execution against such delinquents for the amount due by him to said city, which shall bear test in the name of the mayor and recorder of said city. Said execution shall bind all property that said defaulting taxpayer owns in said city for the year for which said taxes, license, assessments or fines are due. Said execution shall be directed to the marshal and enforced by him of said city, who after levying the same upon the property of said defaulting taxpayer shall, if the property levied upon be personal property advertise for sale by posting notice thereof in three or more public places in said city for ten days before the day of sale, and if the property levied upon be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales of Dade County are advertised, or some other newspaper published in said city, before selling the same. All sales under such executions shall be made by the city marshal before the doors of the courthouse of Dade County or such place as the mayor may direct, notice of which place and time of sale be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry, under the law of sheriff's sales, to the highest bidder for cash. When personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed which shall be as effectual in passing the title as the deed of the person against when the execution is issued, and it shall be the duty of such marshal upon the application of the purchaser or his agent to put in possession said purchaser or his agent of the real estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The recorder shall be entitled to

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fifty cents for each fi. fa. issued and the marshal shall be entitled to the same fees for levies as are by law allowed a constable in this State and the same fees for selling as by law are allowed the sheriff in the State. Taxes, licenses, assessments, fines. Procedure to collect. Sales. Fees. Section 23. Be it further enacted, that the mayor and councilmen of said city shall be bound to keep peace, and for this purpose shall be ex-officio justices of the peace so as to enable them, or either of them to issue warrants for offenses committed within the jurisdiction of the city and shall have power, upon examination, to commit the offender or offenders to the guard-house of said city or to the common jail of Dade County, or to allow bail if the offender be bailable, to appear before the proper court of said county for trial. Keeping peace; warrants, commitment, bail. Section 24. Be it further enacted, that said mayor and Councilmen shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of business both fixed and itinerant in their nature that are carried on in said city and to fix the specific license tax for same and the time or times such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax and shall also have the power to enforce the collection of same by execution, but in no event shall the privilege tax be more than $10.00 per year for local enterprises, and not more than $10.00 per month for itinerant vendors. Any itinerant vendor shall be liable for one month's tax upon his making any solicitations or sale whatever within the corporate limits of said city. Registration of occupations, etc. License taxes, penalties. Section 25. Be it further enacted, that the mayor and council shall not grant any public franchise to any person, firm or corporation without having the right to tax said franchise and to pass and adopt such rules and ordinances regulating and governing the exercise of such franchise as may seem best and no franchise shall be granted for a longer period than fifty years. Public franchises. Section 26. Be it further enacted, that the mayor and council shall prescribe by ordinance the time and place and the manner in which the officer or officers to whom all property, occupations, etc., shall be returned for taxation by said city. It shall be the duty of the recorder to personally

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visit each piece of real estate in said city subject to taxation and to scrutinize carefully each return of property, real and personal, by all taxpayers in said city, and if in his judgment he shall find the property embraced in any return or any portion of it, returned below its value, said recorder shall raise the valuation at which the taxpayer has returned his property, said recorder shall give him written notice of his assessment within ten days from the date he has made such raise, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and council under such rules and regulations as they may prescribe. Tax returns, assessments. Recorder's duty. Notice. Appeals. Section 27. Be it further enacted, that it shall be unlawful for the mayor or any councilman to be interested either directly or indirectly in any contract with the city or any part thereof, and for the violation of this section by the mayor or councilman of said city, the offender shall on conviction be punished as other misdemeanor cases prescribed by the Code of this State. Mayor and Councilmen; acts prohibited; punishment. Section 28. Be it further enacted, that the mayor and council shall have full power and authority to take up and impound any horse, mule, cow, hog, sheep, goat or fowl running at large within the limits of said city or any part thereof, and to regulate and control the keeping of dogs in said city, and to provide for the impounding, muzzling, taxing and disposing of the same and to pass all such ordinances as may be deemed necessary for the carrying out of this section. Animals, fowls. Section 29. Be it further enacted, that the mayor and city council shall have full power and authority to fix and establish fire limits in said city, and from time to time to enlarge said fire limits or restrict or change the same and to provide a system of fire alarms should the same be deemed necessary. Said mayor and council shall also have the power and authority to regulate and inspect the character of all buildings hereafter erected in said city. Fire limits, alarm system. Building regulations. Section 30. Be it further enacted, that should the mayor or any officer of said city be guilty of any wilful neglect, malpractice or abuse of power, he shall be subject to be indicted to the Superior Court of Dade County, and upon conviction shall be punished as for a misdemeanor. Offenses of officers.

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Section 31. Be it further enacted, that in no case shall the corporation herein created be liable for damages to any person or persons for any unlawful or any unauthorized arrest or false imprisonment that may be effected by the marshal or police of said city but if damages are ever thus received they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct may have produced them. Unlawful arrest, false imprisonment. Damages. Section 32. Be it further enacted, that the city council shall have power and authority to regulate the running of trains, automobiles, bicycles, motorcycles or other high speed vehicles in said city, to prescribe the rate of speed at which the same may be run and the manner in which they may be run, the qualifications of the drivers thereof, the registration of said machine and all other acts and things necessary or incident to the safety of the same and of the safety of the general public. Regulating automobiles, trains, other vehicles, etc. Section 33. Be it further enacted, that the city council shall have full power and authority to regulate the storing and keeping of gasoline, kerosene, benzine, and other inflammable or explosive oils, and the keeping or storing of gunpowder, dynamite, nitroglycerine and other explosives within the city limits. Regulating explosives and other dangerous substances. Section 34. Be it further enacted, that whenever any execution issued by the proper authorities of said city for fines, forfeitures, taxes, license or any duty or demands due said city shall be levied on the property claimed by another person not a party to the execution, said claim shall be investigated under the same rules, regulations or restrictions as regulate claim cases under the laws of this State, and said claims shall be tried by a jury in a justice court or superior court having jurisdiction thereof, as the case may be. Levies, claims. Section 35. Be it further enacted, that the said mayor and council shall have full power and authority to levy and collect an annual ad valorem tax of not more than 10 mills, or $10.00 on the $1,000.00, on all of the taxable property within the corporate limits of the said city of Trenton, for the purpose of paying the expenses of the government of said city of Trenton. Said mayor and council shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner,

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form and time of making tax returns, tax lists and appraisements of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers and fix their compensation, and adopt such other matters and regulations, prescribe and enforce such penalties as they may deem advisable to secure the prompt return and assessment of all property within the limits of said city, and the collection of taxes thereon. They shall have power and authority to issue executions for taxes, and levy the same by their proper levying officer, and bring the property levied on to sale at the time and place and manner provided for municipal sales for taxes on said sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. Ad valorem tax. Powers of officials. Assessors. Collection procedure. Redemption. Purchase by City. Section 36. Be it further enacted, that the mayor and council shall also have the right and power to regulate all drays, hacks, automobiles and vehicles of every kind and description used in the city for hire in the transportation of passengers and freight or both, to provide for the regular inspection of the same and for the lighting the same at night and to fix the rate of fare and carriage for the same. Vehicles for hirepassengers, freight. Section 37. Be it further enacted, that the mayor and council of said city may when they deem necessary appoint a board of health consisting of three citizens, one of whom shall be a regular licensed practicing physician who shall be the city physician, and one shall be the city attorney. They shall meet as often as may be necessary, investigate into the sanitary condition of the city and report to the mayor and the city council all nuisances likely to damage the health of the city. Upon such report being made by said board of health it shall be the duty of the mayor and council to cause such nuisance to be abated, and the recommendation of the board of health be carried out in a summary manner at the expense of the premises as the mayor and council may elect. Said mayor and council upon the recommendation of the board of health shall have the power and authority to cause the owners of lots and parcels of land in city to drain the same or to fill up the same to the level of the street or lands upon which they front, or to drain

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any pool of water thereon, also to compel the owners of cellars occasionally holding water to cause the same emptied of the water or fill up the same if necessary and in case the owner or owners of said lot or lots, parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agents to comply with the requirements of the mayor and council, by filling up said lots or parcels of land by draining the same or by draining any pool of water thereon or by emptying or filling up such cellars, it shall be lawful for such mayor and council to cause the same to be done and for the amount expended for this purpose the recorder shall forthwith issue an execution against the owner of said property to be collected from said lot or parcel of land and the sale under the marshal shall pass the title to the property as completely to the purchaser as sale under judgment or execution by the sheriff of said county. Board of Health. Sanitation. Nuisances. Draining water. Expense, collection. The mayor and council, upon the recommendation of the board of health, shall pass and enforce such ordinances as may be necessary to safeguard the public health, for the control and regulation of any waterworks operating under a franchise granted by the city, and at their discretion to do so without recommendation of the board of health. Ordinances for public health; waterworks. Section 38. Said mayor and city council shall also have authority under the recommendations of the board of health to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious disease, or to isolate, localize or prevent the spread of the same if found in the city. The power and authority conferred in this section may be exercised by the mayor and city council in their discretion without the recommendation of said board of health. Said mayor and council shall have power and authority at any time to fill any vacancy that may occur in said board of health. Infectious or contagious diseases. Vacancy in Board of Health. Section 39. Be it further enacted, that the mayor and city council shall have power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided by the constitution of this State and the general laws applicable to municipalities, and with the funds arising from the sale of said bonds thus issued, may refund any existing debt, establish, maintain or extend

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a system of waterworks, gas works, a system of electric lights, a sewer system and the disposal of sewerage, including the purchase of real estate either within or without the city, or they may grant franchises to any person or persons, firms or corporations to purchase, acquire, erect, own, operate, maintain or control waterworks, gas lights, electric lights, telegraph, telephone or street railway systems. They shall also have the authority to erect public buildings or any improvements necessary for the welfare of the citizens of said city for the above described purposes under the limitations herein stated. Contracting debts; issuing bonds. Systems of utilities. Franchises for. Public buildings or improvements. Section 40. Be it further enacted, that the mayor and city council shall have power to remove any forge, blacksmith shop or other buildings when in their opinion it shall be necessary to insure safety against fire. They shall have power to cause any stoves, stovepipe or other thing which shall endanger the city as to fire, to remove or remodel at the expense of the owner, as prudence shall dictate, and may pass all such reasonable ordinances as they may deem necessary for the protection of the public from fire. Removal of fire hazards; remodeling. Section 41. Be it further enacted, that the mayor and city council shall have the power and authority to pass all such ordinances and regulations for the government of said city, for the suppression of disorderly conduct, the maintenance of public peace, the protection of public health and all other matters, which are not in conflict with the constitution and laws of this State or of the United States, as they may see proper to do and to prescribe and enforce penalties for violation of the same. Public peace, disorderly conduct, public health, etc. Penalties. Section 42. Be it further enacted, that the mayor, upon complaint supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near-beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or intent of, illegally sell or otherwise illegally dispose of the same, in a certain described place in said city, shall thereupon issue a search warrant, directed to the city marshal, commanding him to enter the suspected place, search for and seize the same, should any be found thereon, the officer making said search shall seize such goods and shall hold the same in custody and make a

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return of his actings and doings to the recorder upon said warrant. The marshal shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control, and if no one appears to be in custody or control of the same, then upon the person or persons who seem to have control of the premises where the same is found, to appear and defend against said warrant and accusation, and a hearing shall be had on the same to determine whether the law has been violated by the keeping, storing, or selling of such alcoholic liquors, and if such questions be determined affirmatively, then the goods seized as aforesaid shall be destroyed by the city authorities, after the lapse of thirty days from the date of the judgment on the warrant unless steps have been taken to have the finding reviewed by a higher court. The city marshal shall also arrest the person, or persons appearing to have said liquors under their control or appearing to have the premises on which the same are found under their control, and bring them before the recorder for trial; the mayor and council shall prescribe by ordinance all penalties for violation of the laws and ordinances of the City touching this question. Intoxicating liquors; search warrant, seizure, hearing, destruction. Arrest of such offenders. Penalties. Section 43. Be it further enacted, that the mayor and city council shall have power and authority to grant encroachments upon the streets, sidewalks, lanes, alleys, and lands of said city, upon such terms and in such manner as may be prescribed by ordinance. Encroachments Section 44. Be it further enacted, that it shall be the duty of the city marshal to prosecute all offenders against the laws of this State for crimes committed within the city limits, to arrest or cause to be arrested all persons committing or attempting to commit crime, and all disorderly persons, and to commit them to guard house or the common jail of Dade County to await trial. It shall also be his duty to execute all processes and orders of the City and to discharge any other duties that may be imposed on him by the laws, rules, and ordinances of said city, and he shall give bond for the faithful performance of his duty in such sum as may be fixed by the mayor and council. Crimes. Duties of Marshal. His bond. Section 45. Be it further enacted, that the mayor and council are hereby expressly authorized and empowered to

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pass and enforce any ordinance not in conflict with the laws of this State or of the United States, to prohibit the storing or keeping of wines, beer, near beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes within the corporate limits of the City of Trenton, and to punish any person or persons for violation of the same. Intoxicating liquor ordinances. Section 46. Be it further enacted, that the mayor and council shall have power to protect places of public worship; to provide places for the burial of the dead, and to regulate interments therein. Public worship; cemeteries, interment. Section 47. Be it further enacted, that all warrants, summons and precepts issued by the recorder of the City of Trenton, bearing test in the name of said mayor and recorder, shall be directed to the marshal, deputy marshal, or police of said city, and the said recorder shall have the power to issue subpoenas, to compel the attendance of parties or witnesses to the recorder's court and the meetings of said mayor and councilmen. The said recorder shall have full power and authority to take and receive from all parties and witnesses such bond as he may deem necessary to secure the attendance of said witnesses and parties, and the mayor and councilmen shall pass all ordinances to carry his behest into effect, to forfeit and collect said bonds in the same manner that such bonds are forfeited in the superior courts of this State. Warrants, process; form and procedure. Recorder's powers. Section 48. Be it further enacted, that the mayor and council shall have power and authority, in their discretion, to acquire by gift, purchase, or otherwise in behalf of the City of Trenton, land or ground suitable for a park or parks for the use of the public and as may be, in their judgment, for the health, interest and welfare and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise and necessary. Parks. Section 49. Be it further enacted, that should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended or arrested, whenever found in the State, and the warrants of the recorder, or acting recorder of said city, shall be sufficient

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authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State and the warrant of either of the officials aforesaid shall be sufficient for his or her arrest and return; and all persons escaping from the custody of said city or its officers may be tried for such escape and punishment therefor not exceeding penalties herein provided. The said mayor and council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of all persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Offenders fleeing from jurisdiction; arrest and return; trial. Prison. Custodian or keeper. Section 50. Be it further enacted, by the authority aforesaid, that the mayor and council shall have the power to pass ordinances and regulations for the prevention of all crimes and offenses not made felonies by law and not in conflict with the laws or constitution of this State of the United States committed within the city limits and to prescribe penalties for violation thereof in accordance with this charter. Powers of Mayor and Council to prevent offenses. Section 51. Be it further enacted, that all fines, costs and funds assessed or collected under the provisions of this act shall be paid to the city recorder and to become a part of the city funds, this to include marshal's cost recorder's costs, and all other costs arising in this manner. Fines, costs, and funds. Section 52. Be it further enacted, by authority aforesaid that the following shall be established and recognized as a fee bill of the police court of the City of Trenton: For each arrest made the sum of $2.00; for taking bonds, the sum of $1.00; for trial, the sum of $1.00; and 15c for each subpoena which shall be charged as a part of the marshal's cost in said cases. For each appeal entered to the council the sum of $1.00 which shall be charged as part of the recorder's cost in said cases. For each turnkey fee, the sum of 50c which shall be charged as a part of the officer's cost in making the arrest, the sum of 60c per day for jail confinement. These latter two items shall be paid over by said city to the sheriff. Police Court fee bill. Section 53. Be it further enacted, that the mayor of said

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city shall attend all the meetings of council of said city and shall preside over said meetings and shall have the power to veto any act of the council in passing any orders and resolutions and having the same entered in the minutes of said council and that the veto of said mayor to any act of the council may be overridden by three-fourths of the votes of the council in such meeting. The right of veto of any ordinance must be exercised within ten days from the time of passage by the council or same shall be considered as approved. Mayor to preside; vetoes. Section 54. Be it further enacted, that all taxes due the City of Trenton shall be due and payable on the first Monday in May for the preceding year and shall become delinquent on the first Monday in July thereafter, at which time it shall be the duty of the recorder to issue executions therefor against said delinquents, which executions shall be placed in the hands of the marshal to be by him collected as hereinbefore provided. When taxes due; executions. Section 55. Be it further enacted, that all license and privilege tax shall be due and payable on the first Monday in January of each year and must be paid not later than the first Monday in February thereafter in order to avoid the penalties herein provided and as may be provided by ordinance. All persons beginning new licensable or taxable businesses, occupations or professions shall be required to pay the license or tax therefor up until the next first Monday in January immediately upon doing business at said business, occupation or profession. When license and privilege taxes due. Section 56. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Repealing clause. Section 57. Be it further enacted, that in the event any part of this be declared unconstitutional that only that part so declared shall be affected and the remainder of said Act shall continue of force. If part unconstitutional. Approved March 27, 1947.

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EAST POINT CHARTER AMENDMENTVETERANS' HOMEREFERENDUM. No. 280 (House Bill No. 528). An Act to amend an act entitled An Act to Create a New Charter for the City of East Point in the County of Fulton (Georgia Laws 862 et seq.) etc., approved August 19, 1912, and the several acts amendatory thereof, so as to grant the City of East Point power and authority to appropriate city funds or property for the use and benefit of East Point veterans of foreign wars; to provide that before this act shall become of force it shall have the approval of a majority of the qualified voters of said city voting at an election to be called for that purpose by the City Council of East Point; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an act entitled An Act to Create a New Charter for the City of East Point in the County of Fulton (Georgia Laws 1912, pp. 862 et seq.) as amended by an act approved February 20, 1945 (Georgia Laws 1945, pp. 689-690) be and the same is hereby further amended as follows: Acts of 1912 and 1945 amended. It shall be lawful for the City Council of East Point to appropriate and spend city funds or property to wholly or partially acquire a site, and/or to wholly or partially construct, build, erect, repair, improve and/or furnish thereon a building in the form of a home for East Point veterans of foreign wars as a memorial to the men and women of East Point who have made the supreme sacrifice keeping the light of liberty burning brightly wherever free men and women live as equals of kings and believe in the principles of freedom under law. Memorial home for war veterans. Section 2. Be it further enacted that before this act shall become operative the same shall be submitted to the qualified voters of the City of East Point at an election to be called by the City Council of East Point for such purpose,

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and if a majority of those voting at said election approve of this act then each and all of the provisions in this act shall become effective and of force, but if a majority of those voting at said election shall fail to approve of this act, then the same shall remain inoperative. At said election those voting in favor of this act shall have written or printed on their ballots the words For War Veterans Memorial, and those voting against this act shall have written or printed on their ballot the words Against War Veterans Memorial. Said election shall be held in the same manner that elections for mayor and aldermen are held in said City insofar as the same is practicable, and the managers of said election shall make their returns to the City Council of East Point which shall receive the same and declare the results thereof, which shall be entered on the minutes of the City Council of East Point. Said City Council of East Point is authorized to fix the date of said election at such time as it may deem proper not less than sixty nor more than ninety days from the date of approval of this act by the Governor of the State of Georgia, and said City Council shall give such notice of the time and place of such election as in their judgment may appear proper. Referendum. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 27, 1947. MARION SHERIFFADDITIONAL COMPENSATION. No. 281 (House Bill No. 538). An Act to authorize and direct the Governing Authorities of the County of Marion in charge of the finances thereof, to pay to the Sheriff of said County the sum of $50.00 per month in addition to the fees and compensation now authorized by law; 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 pasage of this Act, the

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governing authorities of the County of Marion having in charge the finances thereof, be and the same is hereby authorized and directed to pay to the Sheriff of said County the sum of $50.00 per month, payable monthly, in addition to the fees and compensation now authorized and allowed by law. Amount to be paid. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. COMMISSIONERS IN CERTAIN COUNTIESRENTING CONCESSION PRIVILEGES. No. 282 (House Bill No. 542). An Act To provide that in every county in this State having a population of 300,000 or more inhabitants, according to the United States Census for 1940, or any future United States Census, the Board of Commissioners of Roads and Revenues, or other county authority having charge of the roads and revenues thereof, may rent and lease concession privileges in the jails, courthouses and other public buildings belonging to the County, for the sale of soft drinks, food, refreshments, lunches, sandwiches, tobacco and related items and other merchandise, for a term not exceeding ten years, and upon such terms and conditions as may be imposed by a written contract between the parties; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Board of Commissioners of Roads and Revenues, or other county authority having charge of the roads and revenues thereof, in every county in this State having a population of 300,000, or more, inhabitants, according to the United States Census of 1940, or any future United States Census, shall have power to rent and lease concession privileges in the jails, courthouses, and other public buildings belonging to the county, for the sale of soft drinks, food, refreshments,

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lunches, sandwiches, tobacco, and related items and other merchandise, for a term not exceeding ten years, and upon such terms and conditions as may be imposed by a written contract between the parties. Counties where applicable. Renting privileges in courthouses, jails, etc., for sale of soft drinks, food, etc. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. PAVO CHARTER AMENDMENTMAYOR AND COUNCILMEN. No. 283 (House Bill No. 546). An Act to amend Charter of Town of Pavo in the Counties of Thomas and Brooks as created by Georgia Laws 1911-1503, approved August 21, 1911; as amended Georgia Laws 1913-1096; as amended 1927-1465; so as to provide for the election of a Mayor and Five Councilmen and to provide for their terms of office. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that the Charter of the Town of Pavo in the Counties of Thomas and Brooks as created by the Legislature by Act approved August 21, 1911, as amended Georgia Laws 1913-1096; as amended Georgia Laws 1927-1465; Be and the same is hereby amended by striking Section Two of the Original Act of 1911, as approved August 21, 1911, and Section 3 of the Amendment 1927-1465, and substituting therefor the following paragraph to be designated Section 2. Secs. 2, act of 1911, and 3, act of 1927, amended. Section II. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that the Governing Body of the Town of Pavo in the Counties of Thomas and Brooks shall consist of a Mayor and Five Councilmen. The election of said officers shall be held on the third Monday in December, 1947, and said officers so elected shall take office on the first Monday night in January, 1948. The Mayor shall be elected for a term of two years and until his successor is elected and qualified,

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and biannually thereafter election for Mayor shall be held. The three councilmen who shall receive the highest number of votes shall be elected for a term of two years, and the two receiving the least number of votes shall be elected for a term of one year. All councilmen so elected shall serve until their successors are elected and qualified. Annually thereafter on the third Monday in December, the qualified voters shall elect councilmen to succeed those whose terms have expired. New paragraph. Mayor and Councilmen; elections. Section III. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 27, 1947. ATLANTA CHARTER AMENDMENTSSALARIESLAND EXCHANGELIQUOR PERMITSLEGAL REPRESENTATION. No. 284 (Senate Bill No. 115). An Act To amend an act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof, so as to amend the Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act establishing a new Charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof, be and the same are hereby amended as follows: Section I. The Amendatory Act approved March 20, 1939, and published in the Acts of 1939, on pages 841 to 858 inclusive, and on pages 53 and 62 inclusive, under Article 4, Section 6-401 to Section 6-421 inclusive, of the Code of the City of Atlanta of 1942, is amended by striking Paragraph 4 of Section 6-403 of said Act, entitled Appointment, removal, compensation and duties of the Personnel Director. and inserting in lieu thereof a new paragraph to be known as paragraph (4) in section 6-403, which shall read as follows: Acts of 1874 and 1939 amended.

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(4) The base salary of the Director shall be fixed by the Mayor and General Council, but not less than $6,000.00 per annum, and shall be payable in monthly or bimonthly installments as may be fixed by the Mayor and General Council. New paragraph. Personnel Director's salary. Section II. That the provisions of the charter, as codified in Section 6-205, Code, City of Atlanta, 1942, relating to the Chief of Construction, creating the position, fixing his qualifications, salary, power, authority, and providing for assistants, be and the same is hereby amended so as to add the following at the end thereof: The Mayor and General Council shall fix the annual salary of the Chief of Construction at $7,000.00 per annum, payable in monthly or semi-monthly installments. Chief of Construction, salary. Section III. That the provisions of said Charter contained in section 9-107, Code, City of Atlanta, 1942, providing for Civil Service in the Police Department, be amended by adding at the end thereof the following sentence: Civil Service, Police Department. Promotions in said department shall be made by the chief of police, according to efficient service and length of time employed in the department, subject to demotion for cause by the Mayor and General Council or the committee exercising its authority as aforesaid. so that said section, when amended, shall read as follows: 9-107. CIVIL SERVICE.The Mayor and General Council are given full, complete and unqualified authority to establish, and shall establish, for the Department of Police, civil service rules and regulations, to the end that officers, members and employees shall serve during good behavior and efficient service, all of which is to be judged of by said Mayor and General Council or the committee exercising its authority as aforesaid. Promotions in said department shall be made by the Chief of Police, according to efficient service and length of time employed in the department, subject to demotion for cause by the Mayor and General Council or the committee exercising its authority as aforesaid. Section to read. Rules and regulations. Promotions, demotions. Section IIIa. The annual salaries of the Recorders shall be $6,000.00 per annum payable in monthly or semi-monthly installments. Recorders' salaries.

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Section IV. That the annual salaries of Councilmen and Aldermen shall be $1800.00 per annum, payable in monthly installments of $150.00 each. Councilmen, Aldermen, salaries. Section V. That Section 10-109 of the 1945 Cumulative Supplement of the Code, City of Atlanta, 1942, as amended, relating to the position of Deputy Recorder and fixing his compensation, be and the same is hereby amended to read as follows: Deputy Recorder. 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. The Mayor shall be authorized to designate some competent person to act as Recorder in either or both divisions when such designation is necessary for the operation of both divisions of the Recorders' Court. The Deputy Recorder shall be appointed by the Mayor and shall serve for a term of 4 years. The first term shall begin March 1, 1946. His compensation shall be $350.00 per month, which may be increased or decreased by the Mayor and General Council. He shall be a licensed attorney at law admitted to practice in the Superior Courts of this State. Section to read. Appointment, duties, term, compensation. Section VI. That the salary of the Building Inspector shall be $5,000.00 per annum, payable in monthly or semi-monthly installments. Building Inspector's salary. Section VII. That the Mayor and General Council shall have the power and authority to provide for uniform percentage increases or decreases of all salaries fixed by the Charter, as amended, except members of the General Council. It is declared to be the purpose of this amendment to provide that all salaries fixed by the Charter, except members of the General Council, shall be considered base salaries. Salaries. Uniform increases or decreases. Section VIII. All provisions in this Act relating to compensations shall be effective of the first day of the month following the approval of this Act. All other provisions shall be effective upon approval of this Act. Date effective. Section IX. That the terms and provisions of the Charter,

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as amended, as codified in Section 17-103, Code, City of Atlanta, 1942, forbidding the sale of park property, be amended by adding thereto the following provision: Exchange of land to straighten park and cemetery lines. The Mayor and General Council shall have power and authority to convey to the Greenwood Cemetery Company a part of the land, known and used as the John A. White Park in exchange for land now belonging to said company for the purpose of straightening the lines between the John A. White Park and the Cemetery, the exchange to be made on such equitable basis as may be agreed upon between the parties. Section X. That said Charter, as amended, be further amended by adding the following provision: The Mayor and General Council shall have power and authority to create in the Department of Police a License Bureau and shall have power to delegate to the officers of such Bureau the power to grant, refuse or revoke permits for the sale of liquor, wine, beer and the operation of other businesses coming under the police powers, subject to review by the Mayor and General Council. Said Bureau shall not have the final power to grant, refuse, or revoke any license or permit. Police Department, License Bureau; liquor, wine, etc., permits. Section XI. That the said Charter, as amended, by the Act approved March 11, 1943 (Georgia Laws, 1943, pages 1184, 1187) be amended by striking from said Charter the following provisions: Part of act of 1943 stricken. No person other than the City Attorney or an Assistant City Attorney shall be employed or authorized to represent the City of Atlanta as an attorney at law, except upon the recommendation of the City Attorney, concurred in by the Mayor and General Council. This provision shall not apply to attorneys at law employed to approve the validity of any bond issue or other certificate or evidence of indebtedness. City Attorney, Assistant. Legal representation of City. In the event of a conflict between city officials of departments, resulting in litigation, the City Attorney shall determine which official or department that the Department of Law shall represent. The opposing department or official shall be required to employ counsel at its or his own expense.

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Section XII. The annual salaries of members of the Board of Education shall be $1200.00 payable in monthly installments of $100.00 per month in the manner now provided by the Charter. Salaries, Board of Education. Section XIII. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. CITY COURT OF SAVANNAH ABOLISHEDREFERENDUM. No. 285 (House Bill No. 456). An Act to repeal all of the several laws relating to the City Court of Savannah and to abolish said Court, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that all laws of this State providing for the creation, continuance and operation of the City Court of Savannah, are hereby repealed and the said Court is hereby abolished. Court abolished. Section 2. Be it further enacted by the authority aforesaid that all civil causes of whatever character which are pending in the City Court of Savannah on the effective date of this Act are hereby transferred to the Superior Court of the Eastern Judicial Circuit of Georgia. All of said causes so transferred to the Superior Court of the Eastern Judicial Circuit shall proceed under the same rules of practice and procedure as would have applied to said causes, prior to the passage of this Act and the rights and remedies of all parties in such causes, will remain the same as would have been true prior to the passage of this Act. The rights and remedies so available to such parties shall be administered by the Judge and officers of the Superior Court on the same basis as they would have been administered by the Judge and officers of the City Court of Savannah prior to the passage of this Act, except that all criminal matters pending in said Court on the effective date of

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this Act shall be transferred to and shall be administered by the Judges and officers of the Municipal Court of Savannah. Civil cases transferred to Superior Court. Practice and procedure. Criminal matters to Municipal Judges. Section 3. Be it further enacted by the authority aforesaid, that mesne and final process from the City Court of Savannah shall be returned to the Superior Court of Chatham County; and all claims, illegalities, and other issues arising from the execution of such process shall be returned to said Superior Court as other cases therein. Process, claims, illegalities. Section 4. Be it further enacted by the authority aforesaid, that any and all costs which have accrued to the County of Chatham and which would be due under existing laws to be paid into the treasury of Chatham County, in any case pending in the said City Court of Savannah at the time this Act goes into effect, and transferred to the Superior Court of Chatham County, shall be paid into the treasury of Chatham County as now required by law. Costs. Section 5. Be it further enacted by the authority aforesaid, that all mesne and final process from the City Court of Savannah shall be executed by the sheriff of Chatham County or his lawful deputies. Execution of process. Section 6. Be it further enacted by the authority aforesaid, that all dockets, minutes, records, and papers of the City Court of Savannah shall be turned over to the Clerk of the Superior Court of Chatham County. Dockets, minutes, records, etc. Section 7. Be it further enacted by the authority aforesaid that while the validity of this Act shall not be in any way dependent upon any other Act, the provisions of this Act shall be interpreted and construed in conjunction with two other Acts of the General Assembly of 1947; one, relating to transfer of criminal jurisdiction of the City Court of Savannah to the Municipal Court of Savannah in any offense under the laws of this State involving a punishment not greater than that provided for misdemeanors, and the other creating a second Judge to preside in the Superior Court of the Eastern Judicial Circuit of Georgia. Act to be construed with two other 1947 Acts. Section 8. Upon the passage and approval of this Act the County Commissioners of Chatham County and ex officio judges thereof shall, at the expense of Chatham county, provide for the holding of an election or referendum on this Act,

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said election or referendum to be held on Wednesday, June 18, 1947. Said election shall be held in the same manner and under the same laws as now provided for the elections of county officers for said county, including Sections 34-1914 and 34-1915 of the Georgia Code of 1933 as amended, except as herein otherwise provided. All persons qualified to vote for members of the General Assembly in the General Election of November 5, 1946, according to the official list of voters of said county for said election, shall be qualified and entitled to vote in the election or referendum herein provided for. The County Commissioners and ex-officio judges of Chatham County shall prepare and cause to be published in the Savannah Evening Press, a newspaper of general circulation in said county, a notice of said election or referendum as required by law for the holding of special elections. Said Commissioners and ex-officio judges shall prepare the official ballots to be used in said election and said ballots shall have printed thereon the words For Approval of Act Abolishing City Court of Savannah and Against Act Abolishing City Court of Savannah. Should a majority of the qualified voters at said election vote for the approval of this Act, said City Court of Savannah shall be abolished in accordance with the provisions of this Act. Should a majority of the qualified voters at said election vote against this Act, this Act shall become null and void and of no force and effect. Referendum. Section 9. Be it further enacted by the authority aforesaid that it is the intention of this Act that its several provisions are independent and if any one provision shall be held to be unconstitutional, the same shall not affect any other provision. If part unconstitutional. Section 10. Be it further enacted by the authority aforesaid that this Act shall become effective January 1, 1948. Date effective. Section 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947.

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SUPERIOR COURT, EASTERN CIRCUITADDITIONAL JUDGE, TERMS, JURIES, OFFICERS. No. 286 (House Bill No. 457). An Act To provide an additional Judge to preside regularly in the Superior Court of the Eastern Judicial Circuit of Georgia so as to make two Judges in said Court, to provide for the powers, duties and compensation of such additional Judge; to provide for the term of such additional Judge and the method of his selection and for the length of his term of office; to provide for two additional terms per year of the Eastern Judicial Circuit of Georgia and the dates of meeting of such six (6) annual terms of such said Court; to provide for three grand juries per year in said Court; to provide for the handling by the officers of Chatham Superior Court and of the Eastern Judicial Circuit of Georgia of all civil matters pending in the City Court of Savannah on the effective date of this Act; to provide for the division of the business of the Court between the two Judges of the Eastern Judicial Circuit of Georgia; to provide for additional officers of Court or deputies for the administration of the business of the Eastern Judicial Circuit of Georgia, their compensation, duties, terms of office, etc., 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 there is hereby created the office of an additional Judge of the Superior Court of the Eastern Judicial Circuit of Georgia which office and the holder thereof shall have and exercise the equivalent powers, privileges, duties, and immunities of the now existing Judge of the said Circuit, so that said Court in any cause therein may be presided over by either of said two Judges. Additional Judge. Powers, duties. Section 2. Be it further enacted by the authority aforesaid, that the qualifications of such additional Judge shall be the same as are now provided by law for all other Superior Court Judges, and his compensation from the State of Georgia and from Chatham County, shall be the same as that of the other Judge of the Superior Court of the Eastern Judicial Circuit. His privilges of appointment of a second

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Court Reporter, a Secretary, a Bailiff, and any other officials, or employees, shall be the same as those enjoyed by any other Judge of the Eastern Judicial Circuit of Georgia. Qualifications, compensation; appointment of officers. Section 3. Be it further enacted by the authority aforesaid, that all writs, processes, orders, subpoenas and any other official paper issuing out of the Superior Court of the Eastern Judicial Circuit may bear tests in the name of either of the Judges of said Eastern Judicial Circuit, and when issued by and in the name of either Judge of said Circuit, shall be fully valid and may be heard and determined before either Judge of said Circuit. Writs, processes, etc. Section 4. Be it further enacted by the authority aforesaid, that the drawing and empaneling and charging of all Juries, either Grand, Petit or Special, may be by either of the Judges of the Superior Court of said Circuit or by both of them. Juries. Section 5. Be it further enacted by the authority aforesaid, that said Judges of the Superior Court of the Eastern Circuit shall have and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets in said courts, and of fixing the order of business, including the impanelling and charging of the Grand Jury. They may assign the hearing of trials and the hearing of all other matters. They may both conduct jury trials at the same time or they may both hear chambers business and motion business at the same time. They may provide in all respects for holding the Superior Court of said Circuit so as to facilitate the hearing and determination of all the business of said Court at any time pending and ready for hearing or trial. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said Court where the Judges thereof cannot agree or shall differ the opinion or order of the Judge senior in term of service as Superior Court Judge shall control. In the event the terms of service of both said Judges as Superior Court Judges shall be the same, the Judge who shall have been elected by the greater number of votes shall be considered to be the senior of said Judges. Said Senior Judge shall be designated as the Presiding Judge. Powers, trials, court business, etc. Division, agreement. Senior Judge.

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Section 6. Honorable Alexander R. MacDonell having been reelected Judge of the City Court of Savannah by the people of Chatham County for a term beginning January 1, 1947, and ending December 31, 1950, and this Act being a companion Act to one abolishing the City Court of Savannah, the said Alexander R. MacDonell is hereby named as a Judge of the Superior Court for the Eastern Judicial Circuit of Georgia, in the additional Judgeship created by this Act, to hold office from the effective date of this Act (provided he does not hold the office of Judge of the City Court of Savannah on that date) until December 31, 1948, or such subsequent date as his successor shall have been elected and qualified as herein provided. At the General Election for members of the General Assembly to be held in 1948, a Judge shall be elected by the electors of the whole state entitled to vote for members of the General Assembly to serve the balance of the original term which shall expire December 31, 1950, or until his successor shall have been elected and qualified. After the term specifically provided herein, the successor to the office of Judge of the Superior Court in the additional Judgeship herein created, shall be elected in the manner now provided by law for the election of Judges of the Superior Courts of this State at the General Election for members of the General Assembly next preceding the expiration of the term herein specified, for a term of four years, beginning on the first of January, 1951, and until his successor shall have been elected and qualified. All future elections for such Judge shall be for a term of four years, and shall be held and conducted as is now, or may hereafter be, provided by law, for the election of Judges of the Superior Courts of the State of Georgia. New Judge named. Term. Elections. Section 7. Be it further enacted by the authority aforesaid, that the County Commissioners of Chatham County are hereby authorized and directed to provide a suitable Courtroom, jury rooms, and chambers for said additional Judge, and said Commissioners are further empowered to provide such additional assistants or employees in the office of the Sheriff of Chatham County and the office of the Clerk of the Superior Court of Chatham County as the business of such Court may require, but such additional employees shall be paid by the County Commissioners as now

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provided by law. The County Commissioners of Chatham County and the Sheriff of said County are hereby authorized and directed to offer employment on the staff of the Sheriff of Chatham County as a Special Deputy Sheriff to the person who shall be sheriff of the City Court of Savannah on the day before the effective date of this Act to hold office from the effective date of this Act provided said person does not hold the office of Sheriff of the City Court of Savannah on said latter date, until December 31, 1948, or such subsequent date as said County Commissioners or Sheriff of Chatham County, as authorized by law, may determine. In the event of acceptance of said employment, the salary of said Special Deputy Sheriff shall not be less than Three Hundred Twenty-five ($325.00) Dollars per annum for the period January 1, 1948, to December 31, 1948. During said period from January 1 to December 31, 1948, the duties of said Special Deputy Sheriff shall be as prescribed by the Judge of the Superior Court of Chatham County under whose direction he shall perform said duties. Said County Commissioners and the Clerk of the Superior Court of Chatham County are hereby authorized and directed to offer employment on the staff of the Clerk of the Superior Court of Chatham County as a Deputy Clerk to the person who shall be Clerk of the City Court of Savannah on the day before the effective date of this Act, to hold office from the effective date of this Act, provided said person does not hold the office of Clerk of the City Court of Savannah on said latter date, until December 31, 1948, or such subsequent date as said County Commissioners or Clerk of the Superior Court of Chatham County, as authorized by law, may determine. In the event of acceptance of said employment, the salary of said Deputy Clerk shall not be less than Two Hundred Sixty ($260.00) Dollars per annum from the period January 1, 1948, to December 31, 1948. Courtroom, offices, new employees, etc., for additional Judge. Special Deputy Sheriff; Deputy Clerk. Section 8. Be it further enacted by the authority aforesaid that beginning January 1, 1948, there shall be held in each year, six terms of Superior Court in and for Chatham County, Georgia, which terms shall be held on the first Monday in January, March, May, July, September and November of each calendar year. Court terms, beginning January 1, 1948. Section 9. Be it further enacted, by the authority aforesaid,

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that a Judge of the Superior Court of Chatham County, Georgia, shall draw a Grand Jury for the January, May and September Terms of said Court. Each Grand Jury shall serve through two terms of Court, and said Grand Juries shall perform their duties provided by law, subject to the direction and call of either of the Judges of Chatham Superior Court. Grand Juries. Section 10. Be it further enacted by the authority aforesaid that this Act shall go into effect January 1, 1948. Date effective. Section 11. Be it further enacted by the authority aforesaid that the Sections of this Act are separately enacted and it is the intention of the General Assembly that if any one or more Sections of this Act should be declared unconstitutional by the Supreme Court of Georgia, or the Supreme Court of the United States, such declaration shall not affect the other or remaining Sections of this Act. If part unconstitutional. Section 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, shall be and the same are hereby repealed. Approved March 28, 1947. NOTARIES PUBLICMETHOD OF APPOINTMENT CHANGEDPOWERS, DUTIES, FEES. Code, Chapters 71-1, 71-2, amended. No. 287 (Senate Bill No. 19). An Act To repeal Chapter 71-1, Commercial Notaries Public, and Chapter 71-2, Notaries Public for State at Large, of Title 71 of the Code of 1933, and substitute in lieu thereof chapter to be known as Chapter 71-1, Notaries Public; to provide for the appointment of notaries public by the Judges of the Superior Courts; qualifications for notary public, oath and term of office; fees to be paid; where notarial acts may be exercised; to provide for a seal; authority of notaries public; fees permitted to be charged; continuance in office of commercial notaries public and notaries public for State at large during term of current appointment; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: Section I. Chapter 71-1. Commercial Notaries Public, and Chapter 71-2, Notaries Public for State at Large, of Title 71, Notaries Public and Commissioners of Deeds, of the Georgia Code of 1933, be and are hereby repealed, and in lieu thereof the following chapter to be known as Chapter 71-1, Notaries Public, is hereby enacted. Code, Ch. 71-1, 71-2, repealed. New Ch. 71-1. Chapter 71-1. Notaries Public: Notaries Public. 71-101. By Whom and When Appointed. The power to appoint notaries public is vested in the judges of the Superior Courts, and may be exercised by them in vacation as well as in term time. Appointment. 71-102. Age and Character of Notary; Attorneys at Law. A notary must be 21 years old, or an attorney at law; a citizen of the United States; a resident of Georgia; and of good moral character. Qualifications. 71-103. Oath of Office. Before entering on the duties of their office, they shall take and subscribe before the Clerk of the Superior Court the following oath, which shall be entered on his minutes: I,....., do solemnly swear, or affirm, that I will well and truly perform the duties of a notary public to the best of my ability; and I further swear, or affirm, that I am not the holder of any public money belonging to the State, and unaccounted for. So help me God. Oath. 71-104. Term of Office. They shall hold their offices for four years, revocable at any time by the judge of the superior courts, at the end of which time on petition their commissions may be renewed by order of the judge for a like term. The Clerk of the Superior Court shall issue to them certificates of their appointment and qualifications, which certificates shall contain the name, the residence, the age and the sex of the appointee, the date the certificate is issued, and the term for which the appointment runs, and the clerk shall also keep a record of their names and addresses. Term. Certificates by Clerk. 71-105. Fees to be Paid. Before a Certificate shall be

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issued to the appointee, he shall pay to the clerk of the superior court the sum of $4.00, of which amount the clerk shall be entitled to the sum of $2.00 to cover his services in issuing a certificate of appointment as notary public, administering the oath and recording the same. And with a copy of the certificate of appointment, under his seal of office, the clerk shall immediately send $2.00 to the Secretary of State, who shall keep a record in his office showing the names of the notaries public appointed with their address, age, sex and the term for which their commission runs, and such amount shall cover the costs of the Secretary of State in keeping such records. On reappointment as notaries public the sum of $4.00 shall be paid to the clerk of the superior court and disbursed in the same manner as provided herein for the original appointment, provided nevertheless, in counties where the clerk of the superior court is on a salary basis, his portion of the fee shall be paid by him into the county treasury. Fees to Clerk. 71-106. Where Notarial Acts May be Exercised. Notarial acts may be exercised in any county in the State of Georgia. Removal from the State or conviction of any crime involving moral turpitude shall vacate the office. Notarial acts in any county. Vacancy. 71-107. Notarial Seal and Register; Scrawl: Attestation of Deeds. For the authentication of their notarial acts each notary must provide a seal of office, which shall have for its impression his name, the words, Notary Public; the name of the State and the county of his residence. A scrawl shall not be a sufficient notarial seal. No seal is required to his attestation of deeds. He must keep a fair register of all his notarial acts signed by him, together with the date of each transaction. Seal. Scrawl insufficient. No seal for deeds. Register of notarial acts. 71-108. Authority. Notaries public shall have authority: Authority. 1. To take the acknowledgments of all writings relating to commerce or navigation and to witness such deeds and papers as they are permitted to by law. 2. To demand acceptance and payment of all commercial paper and to note and protest the same for non-acceptance or non-payment. 3. To certify to all official acts when required.

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4. To administer oaths in all matters incidental to their duties as commercial officers, and all other oaths which are not by law required to be administered by a particular officer. 5. To exercise all other powers incumbent upon them by commercial usage or the laws of this State. 71-109. Issuance of Attachments, etc. It shall not be lawful for notaries public to issue attachments or garnishments or to subscribe affidavits or approve bonds for the purpose of issuing attachments or garnishments. No power as to attachments or garnishments. 71-110. Fees. The fees of notaries public are as follows, to wit: Fees. Administering an oath in any case .30 Each attendance on any person to make proof as a notary public, and certifying to same 1.00 Every other certificate .50 It shall not be lawful for any notary public or other officer, whose duty it is under the law to protest, note, or give notice to indorsers, sureties, or makers of negotiable paper, mortgages, or other evidences of debt, to charge for such service a greater sum than $1.50. Registering shall be paid for by the party who has the service performed. The fees for all official acts which the notary may perform shall be the same as those prescribed for other officers who are likewise permitted to perform them. 71-111. Continuance in Office of Commercial Notaries Public and Notaries Public for State at Large During Term of Current Appointment. All commercial notaries public and notaries public for State at large whose commissions were issued under the provisions of Chapter 71-1 and Chapter 71-2 of the Code of 1933 repealed herein, shall continue to the end of the terms of their respective appointments. During such time they shall have full authority to act as notaries public under the provisions and the terms of this chapter, and at the end of such terms shall have the privilege of making application for renewal of their appointments under the provisions of this chapter. Continuance and powers of former Notaries. Application for reappointment.

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Section II. All County and State at Large Notaries now in office shall continue until the expiration of their current terms. Terms of present Notaries. Section III. Upon the approval of this act, it shall be the duty of the State Librarian to deliver over to the Secretary of State all the books and records that said State Librarian has that pertain to notaries public for State at large. Delivery of records by State Librarian as to Notaries. Section IV. Any and all laws or parts of laws in conflict with this act are hereby repealed. Approved March 27, 1947. COLLEGE PARK TERRITORIAL EXTENSION. No. 288 (House Bill No. 497). An Act To amend an Act entitled An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said City and annexation of territory thereto, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Charter of Mayor and Council of the City of College Park, as contained in An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are hereby amended as follows: Act of 1895 amended. Section I. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the following territory, to wit: Present limits extended.

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Beginning at a point on the West Land Lot line of Land Lot No. Twenty-seven (27) of the Thirteenth (13th) District of Clayton County, Georgia Nine Hundred Thirty-eight (938) feet south of the Northwest corner of said Land Lot, at the present corporate limits of said City of College Park; and running thence South along the West Land lot line of said Land Lot and along the line of the West Land Lot line of Land Lot No. Thirty-eight (38) of the Thirteenth (13th) District of Clayton County, Georgia, to a point Nine Hundred (900) feet South of the Northwest corner of said Land Lot No. Thirty-eight (38), and running thence East through Land Lots Nos. Thirty-eight (38), Thirty-nine (39) and Forty (40) of the Thirteenth (13th) District of Clayton County, Georgia, parallel with the North boundary line of said Land Lots and distant Nine Hundred (900) feet South of the North boundary line of said Land Lots Thirty-eight (38), Thirty-nine (39) and Forty (40) to a point Three Hundred (300) feet East of the center of Harrison Road; thence Northwesterly through Land Lots Nos. Forty (40) and Twenty-five (25) of the Thirteenth (13th) District of Clayton County, Georgia, parallel with and distant three hundred (300) feet Easterly from the center line of said Harrison Road, following the line and curvature of said center line of Harrison Road, to the North Land Lot Line of said Land Lot No. Twenty-five (25); thence Northerly and North through Land Lot No. Eight (8) of the Thirteenth (13th) District of Clayton County, Georgia, parallel with and distant Three Hundred (300) feet Easterly from the center line of said Harrison Road, following the line and curvature of said center line of Harrison Road, to the North Land Lot line of said Land Lot No. Eight (8); thence West along the North Land Lot lines of Land Lots Nos. Eight (8) and Seven (7) of the thirteenth (13th) District of Clayton County, Georgia, to the present Eastern corporate limits of said City of College Park, at a point Six Hundred Sixty (660) feet East of the Northeast corner of said Land Lot No. Seven (7); thence South along the line of the present corporate limits of said City of College Park Six Hundred Sixty (660) feet; thence West along the present corporate limits of said City of College Park Six

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Hundred Sixty (660) feet to the West Land Lot line of said Land Lot No. Seven (7); thence South along the West Land Lot line of said Land Lot No. Seven (7) to the Southwest corner of said Land Lot No. Seven (7); thence West along the South Land Lot line of Land Lot No. Six (6) of the Thirteenth (13th) District of Clayton County, Georgia, to the Easterly side of Riverdale Road and the present corporate limits of said City of College Park; thence Southeasterly along the Easterly side of said Riverdale Road and the present corporate limits of said City of College Park to the Southerly side of Gaines Avenue and the present South corporate limits of College Park; and thence West along the Southerly side of said Gaines Avenue and the present Southern corporate limits of the City of College Park to a point on the West Land Lot line of said Land Lot No. Twenty-seven (27) Nine Hundred Thirty-eight (938) feet South of the Northwest corner of said Land Lot Twenty-seven (27) and the point of beginning. Description of additional territory. Section II. The jurisdiction of the Mayor and Council of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in Section I of this Act, and the power and authority of said municipality under its present Charter and Ordinances and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered and included within the limits of said municipality, as extended by Section I of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality, are made coextensive with the limits as extended by Section I of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said taxes are due, as now prescribed by the Charter and Ordinances of said municipality, are extended to all the limits included under the terms of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by Mayor and Council of the City of College Park, and is bound for the

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payment of bonds generally with the former territory of said municipality. Power and authority of Mayor and Council over territory added. Section III. The Mayor and Council of said City of College Park, hereby authorized and empowered in their discretion to include all or any part of said annexed territory in one or more of the wards of said City as at present constituted, or to create one or more wards out of said annexed territory and to provide for representation from such new ward or wards on the Council by said City, and to pass such ordinances as may be advisable in readjusting said territory with the rest of said City. Wards, representation, ordinances. Section IV. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. MOTOR FUEL TAX. Code 921407E added. No. 289 (House Bill No. 229). An Act to amend the Motor Fuel Tax Law and Section 92-1407, of the Code of Georgia, 1933, which provides for tax reports and computation and payment of tax on motor fuel and/or kerosene, by adding a new paragraph to said section to be known as Section 92-1407 (E) providing that licensed retail dealers in motor fuel and/or kerosene shall receive an allowance of two per cent (2%) of all taxes imposed by the State of Georgia on all such motor fuel and/or kerosene, sold by them to cover loss by evaporation and expenses in collecting the tax for the State; to provide a method of computation and payment of such allowances, 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 92-1407 of the Code of Georgia of 1933, the same being a part of the Motor Fuel Tax Law, be amended by adding a new paragraph to said Section

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to be known as Section 92-1407 (E), to read as follows: 92-1407E added. 92-1407TAX REPORT; COMPUTATION AND PAYMENT OF TAX. (E) Every person selling motor fuel and/or kerosene at retail shall be entitled to a refund of two per cent (2%) of all taxes imposed by the State of Georgia on any such motor fuel and/or kerosene sold at retail by such persons, to cover losses in evaporation and expenses in collecting the tax for the State, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection 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 selling motor fuel and/or kerosene at retail as hereinabove set forth in this subsection. Refund. Right to refund not assignable. Provided, however, that no person shall be entitled to a refund under this subsection unless such person is the holder of an unrevoked Refund Permit to be issued to such person 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 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 subsection. The application shall be signed by the applicant and duly verified. Permits so issued shall be numbered and each application for refund made under this section shall contain applicant's permit number. Refund permits. (1) Any person who shall be entitled to a refund under the provisions of this subsection shall be reimbursed in the following manner and subject to the following provisions: (a) If the Commissioner of Revenue, after such investigation as he deems necessary, shall be satisfied that the application for refund permit has been made in good faith and that applicant has complied with the requirements

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of this subsection, the Commissioner of Revenue shall issue a refund permit to the applicant, privileging him to make application, in accordance with the requirements of this subsection, for refund allowance 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 Commissioner of Revenue may thereupon issue to the holder an amended 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. Issuance of refund permit. Record of permits and refunds. (b) All applications for refunds must be filed with the Commissioner of Revenue within six months from the date of purchase of the motor fuel with respect to which refund is claimed. Time of filing application for refund. (c) Applications for refunds 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 motor fuel purchased by the applicant during the period for which refund is claimed, the date of each purchase and from whom purchased, also, the quantity of motor fuel on hand at the beginning and the quantity of motor fuel on hand at the end of the period for which refund is claimed, such statements to be made up to cover each individual location at which motor fuel is sold at retail if more than one retail outlet is operated by the applicant. Form and contents of application for refund. (d) All applications for refunds shall be accompanied by the invoices covering such purchases. No refund under this subsection shall be allowed to apply on any sale for resale. Nor shall any refund under this subsection be allowed to any person, firm or corporation except licensed retail dealers engaged in the business of selling motor fuel and/or kerosene to the general public. To whom refunds not allowed. (e) 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

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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 as prescribed in this subsection if the Commissioner of Revenue finds that he is justly entitled thereto. Refusal to approve claim for refund. (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. Payment of refund. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This act shall become effective on the first day of July after it has been approved by the Governor of the State of Georgia. Effective date. Approved March 28, 1947. MUNICIPAL HOME RULE LAWPROCEDUREMUNICIPAL POWERSREFERENDUMRECALLCOUNTIES WHERE ACT EFFECTIVE. Par. 1, Art. XV, Constitution. No. 290 (House Bill No. 2). An Act to provide for municipal home rule; to establish optional systems of municipal government for certain municipalities in Georgia; to provide the procedure for establishing such systems of government; to prescribe the powers vested in municipalities under such optional systems; to provide for initiative, referendum and recall for municipalities; to provide how this Act shall become effective; and for other purposes. Whereas, Paragraph 1 of Article XV of the Constitution of Georgia approved August 7, 1945, provides: Reference to Constitution.

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The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans. Therefore, 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. That this Act may be cited as the Municipal Home Rule Law of 1947. Brief title of Act. Section 2. Original charters, whether for cities or towns, may be granted only by the General Assembly. Original charters, grant. Section 3. Any city or town may frame and adopt a charter of its own government, provided it is consistent with the subject to the Constitution and general laws of this State, and in the following manner: Adoption of charter by city or town. (a) The legislative body of the city may by ordinance submit to the voters the question: Shall a Commission be selected to frame a charter? Commission to frame. If the ordinance is adopted and signed not more than ninety (90) days nor less than sixty (60) days before the next election, the question shall be submitted at such election, and if not, then at a special election to be held not less than sixty (60) nor more than ninety (90) days from the passage of such ordinance. Referendum. Other procedure. (b) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall be filed with the City Clerk, or other official discharging such duties, requesting the submission to the voters the question, Shall a Commission be selected to frame a Charter?, the governing authority of said city shall submit the same at the next general election if a general election is to be held, not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such

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city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The City Clerk, or other official in charge of city elections, shall determine the sufficiency of such petition. Petition. (c) If such question be submitted under the provisions of subparagraphs a or b of this section, any citizen of the municipality may become a candidate to serve upon such commission by filing a notice of such intention with the City Clerk, or other official in charge of City elections, not less than 30 days prior to the election at which such question is to be submitted. The names of such candidates shall be printed on the same ballot with the question in alphabetical order, without party designation. Each voter shall vote for not more than seven (7) such candidates. Charter commission, candidates. (d) If a majority of the votes cast in such election are in favor of the selection of such commission, the seven (7) candidates receiving the highest number of votes shall constitute such commission. If less than seven (7) persons should be nominated, the number needed to constitute a commission of seven (7) shall be named by the governing authority of such city. All necessary expenses of the commission in the framing of the charter, including the expense of legal counsel and advice, shall be paid by the city, but the members of the commission shall receive no compensation themselves. Such commission shall within ninety (90) days submit the charter so framed to the governing authority of such city. The commission may submit for separate vote any parts of the charter or any alternative sections or articles, and the alternative sections or articles receiving the larger affirmative vote shall prevail if the charter be adopted. Election. Duties, expenses. Parts of charter. (e) Upon the submission of such charter, the governing authority of the city shall cause the same to be submitted to the voters of the city at the next general election to be held for said city if the time of such general election is within ninety (90) days from the time such charter is so submitted to the governing authority of the city, otherwise, it shall be submitted at a special election to be held not less than sixty (60) nor more than ninety (90) days from the time such charter is so submitted by the said commission.

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If a majority of the voters participating in such election vote in favor of the adoption of such charter, it shall become the charter of the city at the time fixed therein and shall supersede any existing charter and amendments thereto. Referendum as to charter submitted. (f) If such charter be approved, two copies of the same, duly authenticated by the Mayor or other executive officer of the city, attested by the Clerk under the seal of the city, shall be prepared. One copy shall be filed with the Secretary of State within thirty (30) days of the adoption thereof, and the other shall be recorded upon the minutes of the governing authority of the city, and thereafter shall be deposited in its archives and all courts shall take judicial notice thereof. After approval. (g) Notice of any election, either regular or special, at which any question is to be submitted pursuant to this Act, together with the questions or proposals, either or both, to be submitted thereat, shall be published once a week for the four (4) weeks next preceding such election in the official gazette of the said city, or if there be none, then in the newspaper in which sheriff's sales are advertised for the county in which such city is located. Published notice. (h) Amendments to any charter adopted under the foregoing provisions may be proposed by the legislative body of the city, or may be proposed by a petition signed by twenty-five per cent (25%) of the voters qualified to participate in the last general election and filed with the City Clerk or other official having charge of city elections. Upon such amendments being proposed, the legislative body of the city shall submit the same to the voters of such city at the next general election if the same is to be held within ninety (90) days from the time such amendment is proposed, otherwise, the same shall be submitted at a special election to be called not less than sixty (60) nor more than ninety (90) days from the time of the proposal of such amendment. Charter amendments; petition, election. (i) Any amendment approved by a majority of those participating in such election shall become a part of the charter of such city at the time and under the conditions fixed in the amendment. Such amendments or any section, article or portion thereof may be submitted separately or

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in the alternative in the same manner as a complete charter. Authenticated copies of amendments so adopted shall be filed with the Secretary of State and recorded and lodged in the same manner and within the same time as herein provided for complete charters and shall have the same judicial notice taken thereof. After approval. (k) The incorporation of adjacent subdivisions and urban areas, other than political subdivisions upon a majority of the qualified voters in both the municipality and the subdivision or area so affected voting in the affirmative. Provided, however, that an affirmative vote by a majority of the qualified voters of both the municipality and subdivision or area so affected computed separately, shall be necessary to the incorporation. Be it further provided that upon a petition signed by 25 per cent of the voters from both the municipality and subdivision or area so desiring an incorporation, the legislative body of the municipality then in force or appointed for said reason shall call an election upon the matter in the same manner as prescribed and by the same method as provided under Section 3 of this Act, for selecting a commission to frame charter. Incorporation of adjacent territory. Procedure. The petition signed by the voters in said subdivision or area so desiring incorporation shall be presented to the Ordinary of County in which area is located who shall call an election to be held within 40 days from date said petition is presented, the date, place, time and purpose of said election shall be advertised in the official organ of said county once a week for four weeks before said election. The election in said areas shall be held by three freeholders appointed by said ordinary in the same manner as general elections. The expense of said election shall be paid by the municipality affected. Petition; election. The Mayor of said municipality and the Chairman of Board of County Commissioners of county affected shall each be authorized to designate one or more persons to be present at each voting precinct at all times during the voting and counting of the votes. Provided, however, that no municipality with a population of more than 100,000 persons according to the 1940 Census or any future Census whose boundaries do extend into two or more counties, shall have authority to extend its corporate limits to include

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territory lying within the counties where less than a majority of citizens of said municipality may reside by virtue of the provisions of this Act. Election officers. Proviso as to extension. (l) After a municipality has elected to come under the provisions of this Act in any of the manners herein set forth, it shall not thereafter hold special elections for the purpose of changing its Charter more often than once each year. Charter-change elections. Section 3a. In addition to methods provided in Section 3 pertaining to towns and cities framing and adopting a Charter the following methods may be used by cities located in counties of between 81,000 and 82,000 over 200,000 population according to 1940 or any future Federal Census: Additional methods for certain cities. (a) The legislative body of the city may by ordinance submit to the voters thereof the question: Shall a Commission consisting of (here insert the names and addresses of seven such voters) be designated to frame a city charter? If the ordinance is adopted and signed not more than ninety (90) days nor less than sixty (60) days before the next election, the question shall be submitted at such election, and if not, then at a special election to be held not less than sixty (60) nor more than ninety (90) days from the passage of such ordinance. Procedure. (b) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall be filed with the City Clerk, or other official discharging such duties, requesting the governing authority of the city to submit to the voters thereof the question, Shall a Commission consisting of (here insert the names and addresses of seven such voters) be designated to frame a city charter?, said governing authority shall submit the same at the next general election if a general election is to be held not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The City Clerk, or other official in charge of city elections, shall determine the sufficiency of such petition. Petition, election.

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(c) If a petition signed by twenty-five per cent (25%) of the voters of the city who were eligible to participate in the last general election shall be filed with the City Clerk, or other official discharging such duties, requesting the governing authority of the city to submit to the voters thereof the question, Shall a Commission of seven voters be designated by the (here insert the name of the governing authority of the city) to frame a city charter?, said governing authority shall submit the same at the next general election if a general election is to be held not less than sixty (60) nor more than ninety (90) days from the time of the filing of such petition, otherwise such authority shall submit such question to the qualified voters of such city at a special election to be held not more than ninety (90) nor less than sixty (60) days from the time of the filing of the said petition. The City Clerk, or other official in charge of city elections, shall determine the sufficiency of such petition. When and how held; question. (d) If a majority of the votes cast on any question submitted pursuant to paragraphs (a), (b), or (c) of this section shall be in the affirmative, then the persons designated in such question or pursuant thereto shall constitute a charter commission for the city. If more than one such question receives such a majority, only the one thereof receiving the largest affirmative vote shall be deemed to have been adopted. All necessary expenses of the commission in the framing of the charter, including the expenses of legal counsel and advice, shall be paid by the city, but the members of the commission shall receive no compensation themselves. Such commission shall within ninety (90) days submit the charter so framed to the governing authority of such city. The commission may submit for separate vote any parts of the charter or any alternative sections or articles, and the alternative sections or articles receiving the larger affirmative vote shall prevail if the charter be adopted. Charter commission. Section 4. Any city which creates or adopts a charter in conformity with the foregoing provisions shall have within the limitations fixed by the Constitution or general law all the power necessary, requisite or proper for the government and administration of its local and municipal affairs,

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including the power to legislate upon, provide, regulate, conduct and control: Powers of cities under foregoing sections. (a) The establishment of municipal offices, agencies and employment; the definition, regulation and alteration of the powers, duties and qualifications, the fixing of compensation, and terms of tenure of all municipal officers, agents and employees; the establishment and operation of waterworks, incinerators, sewage systems and disposal plants, and electric generating plants and distribution systems; provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation. (b) The creation of police courts and maintenance of police and fire departments. (c) The levying of taxes within the limits fixed in its charter to support all municipal functions. (d) The issuance, refunding and liquidation of financial obligations, including school, street, water, electric generating plant and distribution system and sewer bonds, and the issuance of revenue anticipation certificates to provide funds for the construction in whole or in part of revenue producing facilities. (e) The establishment and maintenance of hospitals and clinics for the reception and treatment of charitable and pay patients. (f) The acquisition, construction, ownership and operation of public parks, swimming pools, golf courses, recreation grounds, airfields and airports. (g) The right to contract with other political subdivisions for joint services or the exchange of services. (h) The establishment of merit systems, civil service, and retirement systems for all municipal and school employees. (i) All matters pertaining to municipal election in such city, including the calling and giving of notice of the date of such elections, the registration of voters, nominations, the designation of clerks of elections, the form of ballots, balloting, challenging, canvassing and certifying the result, securing the purity of elections, and guarding against abuses of the elective franchise.

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(j) By adopting a charter in conformity with said foregoing provisions, no City or Municipality shall secure any right or authority other than as now provided in existing charters or in existing general laws, to grant any franchise to any electric power company or other public utility; and any restriction or restrictions, now contained in any existing charter of any Municipality or City, against the grant of rights or franchises to any public utility or against the sale of any property to any public utility without an affirmative vote in favor of the grant of such rights or franchises or in favor of the sale of such property in such manner and amount as now, provided in said charters of said cities and Municipalities, shall remain in full force and effect regardless of whether or not any charter is adopted, or amended, in conformity with the provisions of this Act. Nothing in this act or in any charter adopted pursuant thereto shall be deemed to affect the rights, powers or authority of any city or municipality with respect to granting franchises to any electric power company or other public utility or with respect to the sale of any property to any public utility; and all restrictions and limitations on such rights, powers and authority now contained in the charter of said city or municipality or in general laws applicable thereto shall remain in full force and effect as if this act had not been enacted. Public utility franchises, etc. Section 5. Any municipality may come under the provisions of this Act and retain its present corporate charter instead of having a new charter framed if the legislative body of the city submits to the voters the question: Shall this city come under the provisions of the Municipal Home Rule Law of 1947 and retain its present charter with the right to amend the same under the terms of said Act? and if a majority of those participating at such election vote in the affirmative upon such question. If a petition signed by twenty-five per cent (25%) of the voters of the city prepared in the manner as set forth in subparagraph (b) of Section 4 is filed asking for the submission of the said question, it shall be mandatory upon the legislative authority to call an election therefor. Such election in either case shall be called and held in the same manner and under

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the same provisions as set forth in subparagraph (b) of Paragraph 3 of this Act, except that no charter commission shall be elected. If a majority of the voters participating in such election favor the affirmative, such city shall have the power to amend its charter in the manner set forth in Section 3 hereof, and it shall also have all of the powers granted under Section 4 hereof. Retention of present charter, or new charter; election to come under this Act. Referendum. Procedure. Section 6. Any municipality of this State, pending such time as it may frame and adopt its own charter pursuant to the foregoing provisions of this Act, or elect to come under this Act and retain its present charter, may exercise in addition to those which it may now have, all of the following powers: Powers pending action under preceding sections. (a) To establish and provide for municipal offices, agencies, employees; to define the powers, duties and qualifications thereof, and to fix the compensation, term or tenure of all municipal officers, agents and employees; and to construct, maintain and operate waterworks and sewerage systems; provided that the municipal governing authority shall not have the right to fix or change their own terms or compensation. (b) To levy taxes for all municipal functions within the limits fixed in its charter, and to levy reasonable license, privilege and occupation taxes on business carried on within the corporate limits of such municipality. (c) To incur indebtedness for proper legal purposes by the issuance of bonds or notes, and to issue revenue anticipation certificates to provide funds for the construction in whole or in part of revenue producing facilities in the manner and subject to the limitations prescribed by the Constitution and laws of Georgia. (d) To establish, maintain and operate hospitals and clinics for the reception and treatment of charitable and pay patients. (e) To establish, maintain and operate public parks, swimming pools, golf courses, recreation grounds, airfields and airports. Section 7. Any officer or member of the governing body of any municipality who is elected by vote of the people

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shall be subject to removal during their respective terms of office in the following manner: Removal of officers; procedure. (a) Whenever twenty-five per cent (25%) of the voters eligible to participation in the last preceding general election shall so request in a petition filed in the office of the City Clerk or the official having charge of elections, a special election shall be called and held within sixty (60) days from the date of filing of such petition on the subject only of the recall and non-recall of such official. It shall be the duty of such official having charge of elections to check the names on said list and report to the city governing body the number of registered voters thereon, in order to determine if the required number have signed the said petition. This report shall be submitted to the governing body with the petition at the next meeting held more than five (5) days after the filing of such petition. When so reported with the required certificate attached, the governing body shall order an election to be held not less than thirty (30) or more than sixty (60) days from the time of filing of such petition with the Clerk or other official having charge of elections. Such election shall be held under the same rules and regulations as govern regular city elections. At this election, the ballots shall be as follows, with the names of such officer and office inserted in the blanks: Elections. Vote on recall. For the recall of , holding the office of , Against the recall of , holding the office of . (b) A meeting of the General Council or other governing body shall be called and held within five (5) days after such election is held for the purpose of canvassing the votes and determining and declaring the result thereof. If two-thirds of the total number of voters eligible to participate in the election vote in favor of the recall of the official, his office shall be declared immediately vacant and the vacancy shall be filled in the same manner as if the vacancy had been caused by the resignation of such official, but if two-thirds of the total number of voters eligible to participate in the election fail to vote in favor of recall, the official

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shall retain his office and no other recall election shall be held so far as such official is concerned for a period of one year. Results of election. Section 8. It is the intention of this Act to provide for a uniform system of municipal government by the municipalities of Georgia in all local or municipal matters therein, in pursuance of Section I of Article XV of the State Constitution, approved August 7, 1945, and the enumeration herein of certain powers shall not be construed as denying to such municipalities and the people therein any right or power essential or proper to the full exercise of such rights, or which they may now have by virtue of the Constitution and general laws of this State. Nothing contained in this Act shall be construed to authorize any municipalities of Georgia to alter, extend or enlarge the corporate limits of such municipalities unless such authority is specifically provided for in the present charter of such municipality or the general law of the State of Georgia. Intention of Act. Section 9. This Act shall not become effective as to the municipalities located within any County of this State until the General Assembly shall by act or resolution declare that it is made so effective. When Act effective in municipalities. Section 10. This Act is hereby declared to be immediately effective as to the municipalities that are now or which may hereafter be located in each of the following counties, to wit: Appling, Atkinson, Bacon, Baldwin, Banks, Barrow, Bartow, Berrien, Brooks, Bulloch, Butts, Calhoun, Camden, Carroll, Catoosa, Charlton, Chatham, Chattahoochee, Clarke, Clay, Clayton, Clinch, Cobb, Colquitt, Columbia, Cook, Coweta, Crawford, Crisp, Dade, Dawson, DeKalb, Dooly, Dougherty, Douglas, Early, Echols, Effingham, Elbert, Emanuel, Fannin, Fayette, Floyd, Forsyth, Franklin, Fulton, Gilmer, Glascock, Glynn, Gordon, Grady, Greene, Gwinnett, Habersham, Hall, Haralson, Harris, Hart, Heard, Henry, Jackson, Jasper, Jefferson, Jenkins, Jones, Lamar, Lanier, Lee, Lincoln, Lowndes, Lumpkin, Macon, Madison, Marion, McDuffie, Meriwether, Mitchell, Monroe, Morgan, Murray, Newton, Oglethorpe, Paulding, Peach, Pickens, Pike, Polk, Putnam, Rabun, Randolph, Richmond, Rockdale, Schley, Screven, Seminole, Spalding, Stephens, Sumter, Talbot, Taliaferro, Taylor, Terrell, Thomas, Tift,

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Towns, Turner, Union, Upson, Walker, Walton, Ware, Warren, Wayne, White, Whitfield, and Muscogee. Provided the provisions of this Act shall not apply to the counties of Liberty and Long or any municipality located in said counties. Municipalities where immediately effective. Counties named. Section 10a. Nothing contained therein shall pertain to Meriwether County or any municipality therein. Meriwether County excepted. Section 11. If any part of parts of this Act be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining portion of this Act. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional; provided, nevertheless, that if any municipality in any county not enumerated in Section 10 of this Act should be subject to this Act, then the entire Act shall ipso facto be of no further force and effect, just as if the same was repealed in its entirety as of that date, but all acts done theretofore by any municipality in any of the enumerated counties under authority of this Act shall be and remain valid and of full effect. If part of Act unconstitutional. Intent declared. Proviso as to Sec. 10. Section 12. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 27, 1947. CONDEMNATION OF PRIVATE PROPERTY FOR PUBLIC SCHOOL PURPOSES. No. 291 (House Bill No. 28). An Act to authorize and empower County Boards of Education to condemn private property for public school purposes or to be used in connection with the public educational program of the County; to provide for the approval by the State Board of Education of any property or site sought to be condemned before proceedings are instituted; to provide how such proceedings shall be brought; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the assembly: Section 1. That the County Boards of Education are hereby authorized and empowered to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields or other purposes in connection with the common schools, high schools, or any public educational program which is now or may be hereafter authorized by law. County Boards of Education authorized to condemn. Section 2. Be it further enacted that condemnation proceedings by the County Boards of Education as authorized by this Act shall take the form provided in Chapters 36-1 through 36-6 of the Code of Georgia of 1933, as amended. Procedure. Section 3. That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 27, 1947. ADMINISTRATION OF ESTATES OF MISSING PERSONS BELIEVED TO BE DEAD. No. 292 (House Bill No. 75). An Act to provide for administration upon the estates of persons who are missing, and for the probate of the wills of such persons; for the giving of notice of applications for administration or probate to such missing persons; for the distribution of the property of such missing persons by an executor or administrator; for the safeguarding of the interests of such missing persons in case they should reappear; to provide for the protection of the executor or administrator of such missing persons; to provide for the protection of persons dealing with such executors or administrators in good faith; and for 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. Application for Administration upon Estates of Persons Believed to be Dead. Letters of Administration on the estate of any person believed to be dead, on account

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of absence for seven (7) years or more from the place of his last domicile, may be applied for; and if the Ordinary of the county in which the estate of such person could be administered were the supposed decedent known to be dead is satisfied that the applicant would be entitled thereto were such supposed decedent known to be dead, he shall order a notice to be published in a newspaper having a general circulation in such county once a week for four (4) weeks giving notice that on a day stated, which must be at least two (2) weeks after the last publication, evidence would be heard by the Court concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof. Application for letters of administration. Publication of notice. Section 2. Evidence of Presumption. At the hearing the Ordinary shall hear such evidence as shall be offered, for the purpose of ascertaining whether the presumption of death is established, and no person shall be disqualified to testify by reason of his relationship as husband or wife to the supposed decedent or of his interest in the estate of the person believed to be dead. Hearing. Section 3. Order of Presumption. If satisfied, upon the hearing, that the legal presumption of death is established, the Ordinary shall issue an order to that effect, and shall forthwith cause notice thereof to be published once a week for four (4) consecutive weeks in a newspaper having general circulation in said county, as well as in a newspaper having general circulation in the place where the supposed decedent was last heard from, if such place is not within said county. Said notice shall require the supposed decedent, if alive, or any person for him, to produce within three (3) months from the date of its first insertion, satisfactory evidence of his continuance in life. Order of presumption of death. Section 4. Letters of Administration; Force and Effect. If, within said period of three (3) months, evidence satisfactory to the Ordinary of the continuance of life of said decedent has not been produced, said Ordinary shall issue letters of administration to the party entitled thereto; were such supposed decedent known to be dead, and the said letters, until revoked, and the acts done in pursuance thereof and in reliance thereupon, including the sale of any real

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estate or personal property, or any interest therein, shall be as valid as if the supposed decedent were dead. Letters of administration. Section 5. Revocation of Letters on Proof that Supposed Decedent is Alive. The Ordinary, upon application of the supposed decedent, shall revoke the said letters at any time, on due and satisfactory proof that the supposed decedent is in fact alive; after which revocation all the powers of the administrator shall cease, but all receipts or disbursements of assets and other acts previously done by the administrator shall remain valid, and the administrator shall settle an account of his administration to the time of such revocation and shall transfer all assets remaining in his hands to the person as whose administrator he had acted, or to his duly authorized agent or attorney; provided, that nothing herein contained shall validate the title of any person to any money or property received by a widow, next of kin or heir of such supposed decedent, but the same may be recovered from such person unless such property has been transferred for an adequate consideration to a bona fide purchaser, and in such case such supposed decedent may recover from such widow, next of kin or heir, the amount of money, or the property received by him from such bona fide purchaser. Revocation of letters on proof that supposed decedent is alive. Section 6. Distribution of Assets. Before any administrator shall distribute any of the assets of such estate to the persons entitled to receive it, were the supposed decedent known to be dead, they shall give security, to be approved by the Ordinary, in such sum as the Ordinary shall direct, but in no case less than the estimated value of the money or property distributed, conditioned that if such supposed decedent shall, in fact, be at the time alive, they will, respectively, refund the amounts or return the property, received by each, on demand, with interest thereon; but if the person or persons entitled to receive the same is or unable to give the security aforesaid, then the money shall be invested in any investment legal as investments for trust funds, which interest shall be paid annually to the person entitled to it, and the money shall so remain at interest until the security aforesaid is given, or the Ordinary, on application, shall order it to be paid to the person or persons entitled to it. Distribution of assets.

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Section 7. Probate of Will of Person Believed to be Dead. After the Ordinary shall have issued the order described in Section Three of this Act finding such person to be dead, if such person shall have left any will, such will may be probated in either common or solemn form, or both, as though such person were in fact dead, and the executor or administrator with the will annexed shall occupy the same status as the administrator would, if there were no will. Probate of will of person believed to be dead. Section 8. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 27, 1947. CONSERVATORS FOR ESTATES OF MISSING PERSONS BELIEVED TO BE DEAD. No. 293 (House Bill No. 76). An Act To provide for the appointment of a conservator for the Estates of persons who are missing under circumstances leading to the conclusion that they are dead; to prescribe the powers and duties of said conservator; to provide for the return of the property of the Estate to such missing person in the event that he should reappear; and for other purposes. Be it enacted by the authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That when any resident of this state may be missing from his usual place of abode for a period of not less than ninety (90) days, under circumstances which would lead to the conclusion that said person is dead, any person having an interest in the estate of such missing person by reason of being an heir at law, a creditor, or a person having the legal custody of minors or incompetents who are heirs at law, may make application to the ordinary of the county in which such missing person resided at the time of his disappearance, for the appointment of a conservator of his estate. Application for appointment of conservator. Section 2. Such application shall set forth the name of the missing person his place of residence in said county the

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circumstances under which he disappeared, what inquiry has been made as to his whereabouts, the fact that if he were living he would probably have communicated with petitioner or with some person of whom inquiry has been made, a description of the property owned by such missing person, or in which he may have an interest, and the estimated value of such property, together with a statement showing the interest of the petitioner in said estate, and the names and addresses of all known heirs at law, and dependents of such missing person. Contents of application. Section 3. Upon said petition being filed, the procedure shall be the same as in applications for administration on estates of deceased persons, and the laws applicable to the administration of estates shall apply to conservators of the estates of missing persons, except insofar as the same may conflict with the provisions of this act. Said conservator shall on appointment subscribe an oath and give bond with good security as in the case of an administrator. Procedure and laws applicable. Section 4. Said conservator shall, within sixty (60) days after his appointment, make a written report to the ordinary setting forth the condition of said estate, together with a schedule of any debts which may be owed by such missing person, an estimate of the income from said estate and the expenses necessary to the preservation of the same, and a statement showing the names, ages and condition of any persons who may have been dependent upon said missing person, and said ordinary shall then, after making such further investigation as he may deem proper, make such order as will most effectively tend to provide for the payment of any debts due by said missing person and for the support of any persons who may have been dependent upon such missing person for support, and shall authorize and direct said conservator to carry out the provisions of said order. Such order may be changed or modified in the discretion of the ordinary, upon application to him by the conservator or by any person dependent on said missing person, or the guardian of any minor or incompetent dependent on such missing person. Conservator's report. Ordinary's order. Section 5. If at any time before such missing person shall have been declared legally dead, by a competent court, in a proceeding brought for that purpose, such missing person

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should reappear, said conservator shall thereupon and within sixty (60) days after demand by such missing person, make a final return to said ordinary, and upon approval of such final return by the ordinary he shall thereupon pay over and deliver all of such funds and property in his hands to such missing person; and such missing person, as well as the said conservator, shall have the right to appeal from any decision of the ordinary approving or disapproving such final return, to the superior court of said county, in the manner now provided by law. Reappearance of missing person. Section 6. If such missing person shall be declared legally dead, and his will probated, or administration had upon his estate, then such conservator shall account to the administrator or the executor of the estate of such missing person in the manner set forth in Section 5 of this act. Conservator to account to administrator or executor. Section 7. In the absence of fraud, the approval by the ordinary of such final return shall operate as a complete discharge of such conservator. Discharge of Conservator. Section 8. If any section, or part of this act shall be declared unconstitutional, the remainder of said act shall nevertheless be in full force and effect. If part of Act unconstitutional. Section 9. All laws and parts of laws, in conflict herewith be, and the same are hereby repealed. Approved March 27, 1947. FORTUNE TELLING, CLAIRVOYANCE, PALMISTRY, ETC.COUNTY COMMISSIONERS AUTHORIZED TO TAX OUTSIDE LIMITS OF CORPORATIONSGENERAL TAX ACT OF 1935 AMENDED. No. 294 (House Bill No. 105). An Act To amend Paragraph 56A of the General Tax Act of 1935 (Ga. Laws 1935, p. 11,35), imposing the tax or license fee on persons, firms or corporations engaged in fortune telling, phrenology, clairvoyance or other kindred practices, businesses or professions, by empowering the Board of County Commissioners of each county to regulate and tax such practices, businesses or professions

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when located or carried on outside of the corporate limits of any town, municipality or city in the county; to amend Paragraph 56B of said Act relating to the practice of palmistry, by empowering the Board of County Commissioners of each county to regulate and tax same where practiced or carried on in the county outside of the corporate limits of any town, city, or municipality; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Paragraph 56A of the General Tax Act of 1935 (Ga. Laws 1935, p. 11, 35) relating to the licensing and taxing of fortune telling, phrenology, clairvoyance, or other kindred practices, businesses or professions, be and the same is hereby amended by adding after the word phrenology in line 2 of said paragraph the word astrology, and by adding at the end of the first proviso of said section, the following proviso: General Tax Act of 1935 amended. Provided, further, that the Board of County Commissioners of any county may by proper order or resolution prohibit, regulate or further tax the practice of fortune telling, phrenology, astrology, clairvoyance, or other kindred practices, businesses, or professions within the territorial limits of the county, outside of the corporate limits of any town, city or municipality in the county. The tax to be imposed by said Board shall not exceed the sum of $1,000.00 per year. Board of County Commissioners authorized to prohibit, regulate and tax fortune tellers, clairvoyants, etc. Amount of tax. Section 2. That Paragraph 56B of the General Tax Act of 1935 (Ga. Laws 1935, p. 11,36) relating to the practice of palmistry and the giving of advice concerning vocational guidance be and the same is hereby amended by adding at the end of said paragraph the following proviso: General Tax Act of 1935 amended. Provided, further, that the Board of County Commissioners of any county may, by proper order or resolution, prohibit, regulate or tax the practice of palmistry in any part of the county located outside of the territorial limits of any town, city or municipality of the county. The tax or license fee levied upon the practice of palmistry shall not exceed the amount of $1,000.00 per year. Board of County Commissioners authorized to prohibit, regulate and tax practice of palmistry. Amount of tax.

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Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1947. LIENS OF JUDGMENTS FOR DAMAGES GROWING OUT OF A COMMON DISASTER OR OCCURRENCE. No. 295 (House Bill No. 116). An Act providing for the rank or priority of liens of judgments for damages arising out of a common disaster or occurrence, 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 liens of all judgments obtained in actions for damages growing out of a common disaster or occurrence shall be equal in rank or priority, regardless of the date of the rendition of the verdict or the entering up of the judgment, provided, however, that this act shall apply only to judgments obtained upon suits that are filed within twelve months from the date of the happening of the disaster or occurrence giving rise to the cause of action. Liens equal in rank or priority. Section 2. That the provisions of this act, being remedial in nature and character, shall apply to all actions now pending in the courts of this State and to all those which may be hereafter filed wherein damages are sought to be recovered on account of injuries sustained in, or death resulting from, a common disaster or occurrence. Act to apply in all actions now pending, and future actions. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. HOSPITAL AUTHORITIESINVESTMENT OF SURPLUS MONIES. No. 296 (House Bill No. 119). An Act to empower the several Hospital Authorities of the State of Georgia created by and under Hospital Authorities Law (Ga. Laws 1941 pages 241-250) Section 99-1501-1522

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inclusive Code of Ga. Annotated 1945 Cumulative Pocket Part, to invest monies recieved by them from the sale of revenue certificates, gifts and otherwise in security or securities, which are legal investments for sinking fund purposes; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. From and after the passage of this Act, the several Hospital Authorities of the State of Georgia created by and under Hospital Authorities Law (Ga. Laws 1941 pages 241-250) Section 99-1501-15-22 inclusive Code of Ga. Annotated 1945 Cumulative Pocket Part, be, and are hereby authorized and empowered to invest all monies, or any part thereof received by them through the issuance and sale of revenue certificates of the authorities, or from contributions or gifts received by the authorities, which cannot be immediately used for the purpose for which received, in any security or securities which are legal investments for sinking fund purposes, provided however that such investments in such securities will at all times be held for and when sold used for the purposes for which the money was originally received and no other. Hospital Authorities authorized to invest surplus monies in securities. Section 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 27, 1947. ATHLETIC CONTESTSBETTING AND BRIBES ILLEGAL. No. 297 (House Bill No. 125). An Act To prohibit gambling, offering to bet or soliciting bets on the result, events connected with or act of a participant in any game, sport or athletic contest and to provide punishment therefor; to prohibit the giving or offering any thing of value to participants and/or others connected with sports and athletic contests, and the acceptance or soliciting of such things by such persons with

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intent to influence the loss or limitation of margin of victory in such sport or contest and to provide punishment therefor; and for other purposes. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. Any person who shall bet, wager or gamble, or offer to bet, wager, or gamble, or who solicits bets or wagers, in any manner or by any means on the result of or on the occurrence or non-occurrence of any event connected with or on any act of the participants in any baseball, football or other game, sport or athletic contest shall be guilty of a misdemeanor. Misdemeanor to bet on athletic contests. Section 2. It shall be unlawful for any person to give, offer, or promise any reward, money or thing of value to anyone who participates or expects to participate in any sport, game or athletic contest or to any coach, trainer, manager or official in such sport, game or athletic contest with intent to influence such person to lose, try to lose or cause to be lost or to limit his or his team's margin of victory in such sport, game or athletic contest. Any person convicted of violating this section shall be deemed guilty of a felony, and upon conviction, shall be punishable by imprisonment in the penitentiary for not less than one nor more than five years. Unlawful to offer bribe to participants. Penalty. Section 3. Any one who participates or expects to participate or any coach, trainer, manager or official in any game, sport or athletic contest who solicits or accepts any reward, money or thing of value with intent to influence him to lose, try to lose or cause to be lost or to limit his or his team's margin of victory in such sport, game or athletic contest shall be deemed guilty of a felony, and upon conviction, shall be punishable for not less than one nor more than five years. Unlawful to accept bribe. Penalty. Section 4. All laws, and portions of laws in conflict herewith are repealed. Approved March 27, 1947.

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ADMINISTRATION OF ESTATESDIVISION OF PROPERTY IN KIND. Code 113-1019 amended. No. 298 (House Bill No. 174). An Act To amend Section 113-1019 of the Georgia Code of 1933 relating to a petition and order for division and appointment of appraisers to divide property in kind, by striking said Section in its entirety and by rewriting the same so as to provide that upon the hearing of a petition for division of property in kind, the ordinary, if no good cause to the contrary is shown, shall grant an order for division, and shall appoint three or more freeholders of the county where the administration is pending, whose duty it shall be to appraise and divide the property in kind, whether located in the county where the administration is pending or in other counties of the State; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 113-1019 of the Georgia Code of 1933 relating to the petition and order for division of an estate in kind, and the appointment of freeholders to appraise and divide the property of an estate in kind be, and said Section of the Code is hereby amended by striking same in its entirety and by rewriting the same so that said Section when so rewritten and amended shall read as follows: 113-1019 amended. Section 113-1019. Same; order for division; appraisal and division.Upon hearing the petition of the applicant, the ordinary, if no good cause to the contrary is shown, shall grant an order for division, and appoint three or more freeholders of the county where the administration is pending; or where the deceased resided at the time of his death, whose duty it shall be to appraise and impartially divide all of the property of the deceased, whether the same be located in the county where the administration is pending, or where the deceased resided at the time of his death or in other counties of the State of Georgia, into the requisite number of shares, and by lot,

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or otherwise, to assign to each distributee his share, equalizing the same, if necessary, by balances in money, to be paid either out of the estate or by the respective distributees; such appraisers and partitioners being first duly sworn to the faithful and impartial discharge of their duties as such. If only a portion of the distributees or legatees are entitled at the time to the possession of the property, their shares may be set apart as aforesaid, and the remainder be held in common for future distribution. In all cases where property is divided in kind as herein provided where such property is situated and located in counties other than the county where the administration is pending, or where the deceased resided at the time of his death, the return of the appraisers together with a certified copy of the judgment of the court of ordinary issued thereon shall be recorded in each county where any of the property so divided shall be situated. Said return and certified judgment of the court of ordinary shall constitute prima facie evidence of the transfer of title of such property to the person to whom the property was assigned by said appraisers. To read. Order for division, appraisal and division. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. COUNTY BOARDS OF EDUCATIONAUTHORITY TO CONTRACT FOR TRANSPORTATION OF PUPILS. Code 32-928 amended. No. 299 (House Bill No. 176). An Act To amend Chapter 32-9 of the Code of Georgia of 1933, as amended, relating to the powers and duties of the County Boards of Education; to repeal conflicting laws; and for other purposes. Be it and the same is hereby enacted by the General Assembly of Georgia: Section 1. That Section 32-928 of the Code of Georgia of 1933, as amended, be and the same is hereby amended

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by adding the following phrase to the first sentence thereof, provided county boards of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Said section in its entirety when amended shall read as follows, It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year, provided county boards of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation thereof shall be void. 32-928 amended. To read. Authority to contract for transportation of pupils for a period not to exceed 4 years. Section 2. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 27, 1947. VETERANS' EDUCATION ACT. No. 300 (House Bill No. 193). An Act to amend an Act approved March 8, 1945 entitled An Act to create a State Department of Veterans Service, etc. Georgia Laws 1945, page 319; to establish a Veterans Education Council; to provide for the selection of the members of such Council, fix their terms of office and provide for their compensation; to prescribe the duties and powers of such Council; to provide for a Director of Veterans Education, define his duties, and provide for his compensation; to provide for the selection of employees of the Veterans Education Council; to provide for the transfer thereto of certain powers and duties heretofore exercised by the State Department of Veterans Service established under an Act approved March 8, 1945 (Georgia Laws 1945, page 319); to provide for cooperation between such Council and the State Department of Education and the Regents of the University System; to define the duties of the State Department of Education; the Regents of the University System; and the local school authorities with respect to veterans training;

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to declare the legislative policy of the State of Georgia with respect to the education of veterans; and for 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. This Act shall be known and may be cited as the Veterans Education Act of 1947. Short title. Section 2. It is hereby declared to be the public policy of the State of Georgia, and the intent of this Act, to assist veterans, as hereinafter defined, in securing the educational benefits to which they are entitled under the laws of the United States, and to insure that all monies coming into the State of Georgia for educational benefits of veterans shall be disbursed solely and wisely for that purpose. Public policy and intent of Act declared. Section 3. For the purpose of interpreting this Act, a veteran is declared to be any person who has honorably served in any recognized branch of the armed forces of the United States of America in any war, insurrection, or military or naval expedition, and any person who, since September 16, 1940, and prior to the proclaimed termination of the war which was formally declared by the Congress of the United States as of December 8, 1941, has performed service and been honorably discharged from either the Army, Navy, Marine Corps or Coast Guard of the United States during such period. Definition of veteran. Section 4. Wherever the masculine pronoun appears in the text of this Act, the feminine gender shall likewise be implied; wherever the singular number is denoted, the plural shall be correspondingly applicable; wherever the word Council appears hereinafter, it shall be interpreted to mean the Veterans Education Council established by Section 5 hereof; and wherever the word Director appears, it shall be interpreted to mean the Director of Veterans Education provided for in Section 7 hereof. Construction of words. Section 5. There is hereby established within the State Government a Veterans Education Council which shall be composed of nine members to be appointed as hereinafter directed, who shall serve for a term of four years and until their successors shall be selected and qualified. Appointments to fill vacancies shall be for the unexpired term. All

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members of the Council shall be over the age of twenty-five years. Members of the Veterans Education Council shall be appointed as follows: The Governor shall select two men from a list of four submitted by the State Board of Regents, two men from a list of four submitted by the State Board of Education, four men from a list of eight submitted by the Veterans Service Board and one man of his own choosing. No person shall be eligible for the office of Director of Veterans Education except such as have honorably served not less than three months in the armed services of the United States during a war in which the United States was engaged. In case of a vacancy occurring on the Board, the Governor shall appoint a successor to fill the vacancy from a list of nominees, not less than two, that shall be submitted from the department or agency which submitted the name of the person formerly occupying said position. Veterans Education Council established. Members, qualifications, appointment. Vacancies. Section 6. The Council shall choose from its members a Chairman. A Secretary, who need not be a member of the Council, shall be appointed and serve at the pleasure of the Council. The Council shall be empowered to adopt such rules and regulations as it deems necessary, and amend the same from time to time. Chairman and Secretary. The members of the Council shall meet once each month in the office of the Director, and at such meetings shall give attention to all things and matters properly coming under the jurisdiction of the Board. The meetings herein provided shall be for stated periods, but shall not exceed more than two days in any one session. Call meetings by the Board may be had by the Chairman thereof or by the Director of the Education Council. Said provisions shall be effective four months after enactment of this law. Meetings. Members of the Council shall receive no per diem or other payment except actual traveling expenses and actual expenses incurred when upon attendance upon meetings of the Board. Six members shall constitute a quorum at any regular or special meetings. Expenses of members. Quorum. The Council shall prescribe rules and regulations which will require the Director of Veterans Education to supervise the disbursements of all funds through a Treasurer who shall be appointed for the purpose of handling said

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funds for the Veterans Education Council and who shall insure the proper disbursements of said funds and be responsible therefor. The Council shall, by appropriate rules and regulations, designate the Treasurer of the Board of Regents as the proper official to receive and disburse educational and administrative funds under this Act as directed by the Council through the Director of Veterans Education and shall also require the Treasurer to maintain separate accounts to prohibit any mingling of Veterans Education funds with those of the Board of Regents. Treasurer of Board of Regents to handle funds of Council. Section 7. There shall be a Director of Veterans Education who shall be elected by the Council and shall serve at the pleasure of the Council. He shall be the executive officer of the Council, and when the Council is not in session, shall have, and may exercise, all of the powers, and perform all the duties, vested in and required of the Council by this Act, subject to the rules and regulations of the Council. He shall perform such other duties as may be required by the Council. The Director shall receive such compensation as may be fixed by the Council, not to exceed $6,000.00 per annum, and necessary expenses while traveling in the performance of his duties. He shall maintain an office at the Capitol in quarters provided by the Governor. The Director shall be required to give bond in an amount to be determined by the Council. Director. Powers and duties. Salary. Office. Section 8. The Veterans Education Council is designated as the agency of the State to cooperate with the proper officials of the United States in the administration of all laws of the United States conferring educational benefits upon veterans, including manual or other training. It is authorized to perform, on behalf of the State, such acts as may be necessary or required of the State, or any agency of the State, by any act of Congress, or regulation of any Federal department or agency, in the administration of any such law of the United States now of force or which may be hereafter enacted; and to accept and administer any Federal grant to the State for such purposes; and to enter into contracts with the Federal Government for the training of veterans receiving benefits under the Federal rules and regulations. Council agency of State to cooperate with Federal Government. Section 9a. In order to secure to veterans of Georgia, and

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veterans residing therein, all educational or training benefits authorized by any law of the United States now of force, or hereafter enacted, the Veterans Education Council is authorized to approve the courses of study, accredit the institutions of instruction either at the college level or below the college level both among institutions supported by the public treasury and from private sources, establish uniform criteria for the recognition and certification of training and apprenticeship establishments, and provide for the inspection and regulation thereof and of the recipients of instruction and training in order that the same shall conform to the standards prescribed as a requisite for the agencies, institutions and citizens of this state to participate, receive or share in the allocation of the funds authorized to be expended under any such law of the United States or of any department or agency of the United States. Council to approve courses of study, accredit institutions, etc. Section 9b. In order that local conditions may be ascertained and evaluated more effectively for the veterans training in each of the fifty-nine districts of the State, as established by the Department of Veterans Service, and in whatever new districts may be created in the future, the superintendents of schools in said districts shall select a district board of five men, two of whom are veterans of World War II and two of whom shall be veterans of any war and who shall be employers having a veterans training program in operation in their business, and one of whom is an official of the local school system. It shall be the duty of this board to cooperate with the field representative of the Veterans Education Council; to review and recommend to the Council as to the certification of approval of all new establishments and institutions; to check all institutional on-the-job training to be carried on in said area; and to make recommendations as to the criteria and standards of training to the Veterans Education Council consistent with Federal regulations. District Boards. Members. Duties. Section 10. All functions, powers and duties with respect to the education of veterans heretofore exercised by either the State Department of Veterans Service, the Veterans Service Board, or the Director as provided for under Article V, Section VI, of the Constitution of Georgia or as prescribed in the Act approved March 8, 1945 (Georgia Laws 1945,

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page 319), are hereby transferred to and vested in the Veterans Education Council established in Section 5 of this Act. Functions, powers, duties transferred from State Department of Veterans Service and Veterans Service Board. Section 11. The State Board of Education, the State Department of Education, and the State Superintendent of Schools shall cooperate with the Veterans Education Council and the Director of Veterans Education in conducting the activities authorized by this Act. The State Board of Education, the Superintendent of Schools, and the State Department of Education, through the State Director of Vocational Education and such other officials as the Board of Education or the Superintendent may designate and in cooperation with the Council and the Director of Veterans Education shall supervise all educational training programs, including on-the-job training not inconsistent with Federal regulations. The Council shall adopt such regulations as may be necessary to effectually execute the purpose of this Act. The Council may provide for a Trade and Industrial Division, a Distributive Education Division, an Agricultural Division, a Common and High School Division, and such other divisions as may be necessary. The Council shall employ under appropriate designations and titles, heads of each such division, together with such subordinate employees as may be necessary, fix their compensation and define their duties. All such employees, including the heads of divisions, shall be under the supervision of the Director of Veterans Education as the executive officer of the Council. Cooperation with State Board of Education. Divisions and employees of Council. Section 12. The County Superintendents of Schools, and the County Boards of Education of the various counties shall cooperate with the Council and the Director of Veterans Education in carrying on the veterans education and training program herein provided for, and shall require local schools to conduct such classes, keep such records, and generally to do such things as may be necessary to effectively carry on the program. They are authorized to receive such compensation as may be allowed under Federal laws or otherwise for tuition and other charges or fees for training veterans. County school authorities to cooperate with Council. Section 13. The Board of Regents of the University System of Georgia, through its proper officials, shall supervise,

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as provided by Federal regulations, the college training and education of all veterans enrolled at State institutions of the University System, and shall cooperate with the Veterans Education Council and the Director of Veterans Education. Board of Regents to supervise college training of veterans. Section 14. The Veterans Education Council and the Director of Veterans Education shall cooperate with the proper officials of private schools, colleges, and universities of the State which are not under the supervision of the State Department of Education or the Regents of the University System, shall assist in placing veterans at such private institutions for education and training, and shall, so far as possible, coordinate the educational programs of such private institutions with the programs of public institutions. Cooperation with private schools, colleges, universities. Section 15. The Veterans Education Council and the Director of Veterans Education are authorized to cooperate with private firms, persons and corporations engaged in business, industry and professions, in placing veterans with such business, industrial or professional organizations for on-the-job training and to pass upon and approve such training courses and enter into such contracts and agreements as may be necessary to effectually provide such on-the-job training in addition to the courses of study in schools and colleges as in this Act provided. On-the-job training. Section 16. Neither the Director nor any person employed by the Council, except in a technically expert or professional, secretarial, clerical or subordinate capacity, shall be eligible for employment in the department unless such person has honorably served not less than three consecutive months in the armed forces of the United States in time of war or unless such person shall be the wife, widow, father, mother, daughter or sister of such veteran. Who may be employed by Council. Section 17. In the employment of secretarial personnel, preference shall be accorded in so far as compatible with efficient performance and other conditions of employment, first to the same classes of persons as defined in the preceding section, or secondly to the wives, widows, mothers, sisters or daughters of some person who has honorably served for not less than three consecutive months in the armed forces of the United States in time of war. Preference as to employment.

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Section 18. A Certificate of honorable discharge from the Army, Navy, Marine Corps or Coast Guard of the United States shall be prima facie evidence of the military service required by Sections 16 and 17, provided, however, that the provisions of Sections 16 and 17 shall not apply to persons who have for six months prior to the approval of this Act been in the employ of the Veterans Service Department heretofore created by executive order. Evidence of military service. Section 19. All employees of the Council except the Director shall be classified and governed by such rules of job classification, appointment, promotion, demotion, dismissal, personnel administration, basis of compensation, probationary employment, retirement and seniority privileges and other employment standards as may now or hereafter be set up under such system of Merit control as may be authorized by the Act approved February 4, 1943 (Georgia Laws 1943, pages 171-177), providing for the establishment of a Merit System Council, or any amendment thereof. Provided, however, that no employee shall be subject to removal after six months of probationary service ensuing from the date of approval of this Act, except upon charges duly preferred and substantiated under such rules as may be promulgated by said Merit System Council, or whatever successor or superseding agency may hereafter be established by law to administer standards of competent personnel and for the protection of the tenure, during satisfactory conduct, of the employees of any branch of the State Government. Provided, further, that the principal accounting employee and the personal secretary to the Director shall be exempt from the provisions of this Section. Rules of Merit System Council to govern. Section 20. The Council shall employ such persons as may be necessary to render the services required by this Act and to the effective performance of the duties and responsibilities required by this Act. Authority to employ necessary personnel. Section 21. The Council shall have authority to accept donations from individuals, corporations and the Government of the United States, or from any other source, and use the same for the purpose of administering this Act or for any purpose for which such donation may be made. The Budget Authorities of the State are authorized to transfer from the appropriation made to the State Veterans Service

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Office such amount of the appropriation as was made for the purpose of carrying on the educational program provided for in this Act. Donations. Appropriations. Section 22. To effectuate the purposes of this Act, the Governor may direct any department, division, board, bureau, commission or other administrative agency or unit of the State to provide such facilities, including personnel, materials, assistance, information and data, as will enable the Council and/or the Director properly to utilize the same in performing their respective duties and carrying out their activities and discharging the functions provided for here-under. Cooperation by other State agencies. Section 23. Provisions of this Act shall not become effective until July 1, 1947. Effective date. Section 24. If any part of this Act shall be declared unconstitutional, the remaining portions of the Act shall not be affected, it being the legislative intent that the Act shall be so construed and that the various sections hereof shall be deemed to have been severally enacted, so that the invalidity of any portion of the Act shall not affect or cause to be invalid any remaining portion of the Act. If part of Act unconstitutions. Section 25. That Section 11 of the Act approved March 8, 1945, Georgia Laws 1945, page 319, be, and the same is hereby repealed in its entirety. Sec. 11, set of 1945, repealed. Section 26. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 27, 1947. VETERANS AND BLIND PERSONS TO PEDDLE OR CONDUCT BUSINESS WITHOUT A LICENSE. Code 84-2011 amended. No. 301 (House Bill No. 223). An Act To amend Section 84-2011 of the Georgia Code of 1933 as amended, relating to the right of disabled or indigent veterans and blind persons to peddle or conduct business without a license, by providing that any veteran

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of peacetime service in the United States armed forces who has a 100% disability incurred during the period of said service may peddle or conduct business in any town, city, county or counties thereof without paying a license for the privilege of doing so; by providing rules of eligibility; 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 84-2011 of the Georgia Code of 1933 as amended, be, and the same is hereby amended by inserting in the first clause thereof between the words European War, and the words or blind person, the words or any veteran of peacetime service in the United States armed forces who has a 100% disability incurred during the period of said service, and by inserting in the second clause thereof between the words, European War, and the words or blind person, the words, or veteran of peacetime service in the United States armed forces who has a 100% disability incurred during the period of said service, so that the first sentence of said Section as amended shall read as follows: 84-2011 amended. Section 84-2011. Any disabled or indigent Confederate veteran, or veteran of the Spanish-American War, or late European War, World War II or any veteran of peacetime service in the United States armed forces who has a 100% disability incurred during the period of said service, or blind person who is a resident of this State, may peddle or conduct business in any town, city, county, or counties thereof without paying license for the privilege of so doing; and a certificate from the ordinary of any county, stating the fact of his being such disabled or indigent Confederate veteran, or veteran of the Spanish-American War, or the late European War, or veteran of peacetime service in the United States armed forces who has a 100% disability incurred during the period of said service, or blind person, shall be sufficient proof: Provided, that this section shall not authorize peddling or dealing in ardent and intoxicating drinks, or running a billiard, pool or other table of like character, or dealing in futures, or peddling stoves or clocks, or carrying on in the business of a pawnbroker or auctioneer, or dealing

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in lightning rods: and Provided further, that the privileges hereby granted shall not be transfered to or used by any other person. To read. Disabled or indigent veterans and blind persons to peddle or conduct business without a license. Section 2. That Section 84-2011 of the Georgia Code of 1933, as amended, be and the same is hereby amended by adding at the end of said section as amended the following: Provided that no veteran making application for a license to peddle or conduct business under Section 84-2011 by reason of having a 100% disability incurred during peacetime service in the armed forces of the United States, shall be entitled to said license until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from a physical handicap disabling to the extent of 100%; that the total income of such veteran is such that he is not subject to the payment of State income tax; and that his service in the armed forces of the United States was terminated under conditions other than dishonorable. Proof of such 100% disability before the ordinary shall be established by a letter or other written evidence from the United States Veterans Administration, stating the degree of disability. What disability necessary. Proof. Section 3. To repeal all laws or parts of law in conflict herewith. Approved March 27, 1947. INSURANCE PROCEEDSRIGHTS OF CREDITORS AND OTHERS. Code 56-905 amended. No. 302 (House Bill No. 242). An Act to amend Section 56-905, Chapter 56-9 of the Code of Georgia of 1933, relating to the rights of creditors and beneficiaries in proceeds of policies of life, and endowment insurance, and annuity contracts, by striking from the eighth line of said section the comma (,) which follows the word insurance and by striking from the eighth line of said section the word his and by inserting in the eighth line of said section immediately following the

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word Administrators and preceding the comma (,) following said word the following: of such insured or the person so effecting such insurance and to provide how said section shall read when so amended; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That Section 56-905, Chapter 56-9 of the Code of Georgia of 1933 be and the same is hereby amended by striking from the eighth line of said section the comma (,) which follows the word insurance and by striking from the eighth line of said Section the word his and by inserting in the eighth line of said Section immediately following the word administrators and preceding the comma (,) following said word the following: of such insured or the person so effecting such insurance so that said Section when amended shall read as follows: 56-905 amended. 56-905. Creditor's rights in proceeds of policy. Notice by creditor. Annuity contracts.If a policy of life or endowment insurance, whether heretofore or hereafter issued, is effected by any person on his own life, or on another life, in favor of a person other than himself, or, except in cases of transfer with intent to defraud creditors, if a policy of life or endowment insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance or executors or administrators of such insured or the person so effecting such insurance, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary shall be reserved or permitted, and whether or not the policy shall be made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person: Provided, that, subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall enure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its

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terms, unless before such payment the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. If an annuity contract, whether heretofore or hereafter issued, shall be effected by any person, based on his own life or on another life, payable to a person other than himself, the lawful beneficiary or assignee thereof, other than the person so effecting such contract or his executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the person effecting such contract, to the same extent and under the same conditions hereinbefore provided with reference to the proceeds and avails of policies of life or endowment insurance. To read. Creditors and others; rights in proceeds of policy. Notice by creditor. Annuity contracts. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. TEACHERS' RETIREMENTSALARY DEDUCTIONS REQUIRED. No. 303 (House Bill No. 431). An Act to require county boards of education, county authorities, boards of education of independent systems, and other employers of school teachers, as defined by the Teachers Retirement Act, to deduct and collect from each teacher's salary the amount provided in Section 8 of the Teacher Retirement Act, Georgia Laws 1943, pp. 640-670, and make monthly remittance to the board of trustees created by said Teachers Retirement Act; to require that employers of teachers as defined by said Act shall make contributions as required by Section 8 of said Act and shall remit same to the board of trustees of the Teacher Retirement System each month; to provide that if the employers of teachers as defined by the Teacher Retirement System Act shall fail to make such collections and employers contributions and shall fail to make monthly remittance of such amounts to the board of trustees, the

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trustees shall notify the State Board of Education and it shall be the duty of the State Board of Education to withhold from the school unit failing to remit all State appropriations until such remittances shall have been made; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act it shall be the duty of each county board of education, the board of education of each independent school system and of each and every employer of school teachers as employer and teacher are defined by the Teachers Retirement Act approved March 19, 1943, Georgia Laws 1943, pp. 640-670, to deduct and collect from each teacher's salary the amount provided in Section 8 of the Teachers Retirement Act, Georgia Laws 1943, pp. 640-670, and to make monthly remittance thereof to the board of trustees under said Teacher Retirement Act. Each employer of teachers shall likewise make employers contribution as required by Section 8 of said Act and shall make monthly remittance thereof to the board of trustees along with teachers contributions. Deductions to be made from each teacher's salary. Monthly remittances to Board of Trustees. Section 2. Should any employer of a teacher as defined by the Teachers Retirement Act fail to make collections from teachers and to contribute as required by said Teachers Retirement Act and fail to make monthly remittance of the amounts as required by Section 1 of this Act, it shall be the duty of the board of trustees to notify the State Board of Education of such failure, and thereupon it shall be the duty of the State Board of Education to withhold from said county board or school unit failing to comply herewith all appropriations allotted to such county board of education or school unit until said county board of education or school unit has fully complied with the provisions of Section 1 of this Act by making remittance of the sums of contributions required of teachers and employers by the Teacher Retirement Act. Penalty for failure to comply. Section 3. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947.

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MOTOR CARRIERSRECIPROCAL AGREEMENTS WITH OTHER STATES. Code 68-1003 amended. No. 304 (House Bill No. 437). An Act To amend Section 68-1003 of the Georgia Code of 1933, as amended, by striking from said Section the words, on occasional trips and over irregular routes, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That Section 68-1003 of the Georgia Code of 1933, as amended, be, and the same is hereby amended, as follows: by striking from said section the words, on occasional trips and over irregular routes, so that said section, when amended, shall read as follows: 68-1003 amended. 68-1003. Authority to Public Service Commission as to Reciprocal Agreements. The Public Service Commission is authorized to negotiate with the proper authorities of other States and consummate reciprocal agreements, whereby residents of such States operating common or contract motor carriers licensed in their respective States may be granted privilege and exemption of the operation of said motor vehicles in this State as residents of this State may have and enjoy in the said other States in the operation of motor vehicles duly licensed in this State. The Public Service Commission is authorized only to enter into reciprocal agreements insofar as the qualification, license, and fees enforced, issued and collected by it are concerned; and in making such reciprocal agreements the Public Service Commission shall have due regard for the advantage and convenience of the citizens of this State. To read. Authority to Public Service Commission Motor-vehicle operations. Agreements. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947.

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HONEY BEES AND EQUIPMENTRESTRICTION AS TO SHIPMENTS. Code 5-903 repealed; 5-906 amended. No. 305 (House Bill No. 454). An Act to amend an Act approved August 16, 1920, entitled An Act to prevent the introduction into and dissemination within the State of Georgia of contagious diseases of Honey Bees; providing for the eradication of bee diseases; regulations for carrying out the provisions of this Act; prescribing a penalty for violations, 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 5-903 of the Code of Georgia of 1933 which reads as follows: 5-903. Certificate of inspection. Permits for shipment. All honey bees shipped or moved into the State shall be accompanied by a certificate of inspection signed by the State Entomologist, State apiary inspector, or corresponding official of the State or County from which such bees are shipped or moved. Such certificates shall certify to the apparent freedom of the bees, and their combs and hives, from contagious and infectious diseases, and must be based upon an actual inspection of the bees themselves within a period of 60 days preceding the date of shipment; Provided, that when honey bees are to be shipped into this State from other States or counties wherein no official apiary inspector or State Entomologist is available the State Entomologist may issue permits for such shipment, upon presentation of suitable evidence, showing such bees to be free from diseases; and Provided, further, that the provisions of the section shall not apply to shipments of live bees in wire cages when without combs or honey, be and the same is hereby repealed. 5-903 repealed. Section 2. That Section 5-906 of the Code of Georgia of 1933 which reads as follows: 5-906. Secondhand equipment. The shipment or movement into this State of any used or secondhand beehives, honey combs, frames, or other beekeeping fixtures is

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hereby prohibited except under such rules and regulations as may be prescribed by the State Entomologist in accordance with Section 5-902, shall be and the same is hereby repealed. Old 5-906 repealed. Section 3. That a new Section be inserted in lieu thereof to be known as Section 5-906 which shall read as follows: New 5-906. Section 5-906. The shipment or movement into this State of any honey bees on comb, honey bees in hives, secondhand beehives, honey comb, frames, used bee shipping cages, secondhand honey containers or other used beekeeping fixtures is hereby prohibited except under special permit issued by the Director of Entomology and under such rules and regulations as may be prescribed by him in accordance with Section 5-902. To read. Shipment or movement of bees and secondhand equipment. Section 4. All laws, or parts of laws, in conflict herewith be, and the same are hereby repealed. Approved March 27, 1947. PUBLIC SAFETY DEPARTMENTCOMPOSITION AND COMPENSATION OF TROOP. No. 306 (House Bill No. 522). An Act to amend an Act entitled an Act to amend an Act entitled Public Safety Department approved March 19, 1937 (Ga. L. 1937, pp. 322-55) and all amendatory acts thereto, by providing for one troop to consist of not more than 300 men in the discretion of the Director of Public Safety; to redefine the rank and pay of certain personnel; to redefine 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, approved January 30, 1946, to provide that the number of officers and men of the Public Safety Department shall be fixed by the Director of Public Safety with the approval of the Department of Public Safety and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same:

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Section I. That Section II of an Act approved January 30, 1946, relating to the Department of Public Safety and reading as follows: 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: Sec. II, act of 1946, repealed. One troop of not more than 300 officers and men, in the discretion of the Director 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: 2 Captains at $2,700.00 per year, each 5 1st Lieutenants at $2,300.00 per year, each 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. Is hereby repealed in its entirety and a new Section II is hereby inserted in lieu thereof to read as follows: Section II. One troop of not more than 300 officers and men, in the discretion of the Director of Public Safety with the approval of the Department of Public Safety, which

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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: New sec. II. Composition of troops. 3 Captains at $2,700.00 per year, each 5 1st Lieutenants at $2,300.00 per year, each 2 Sergeant Major at $2,100.00 per year, each 4 Staff Sergeants at $1,900.00 per year, each 35 Sergeants at $1,800.00 per year, each 35 Corporals at $1,700.00 per year, each 4 Troopers 1st Class at $1,600.00 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. Salaries. Section III. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. VOCATIONAL EDUCATION. No. 307 (Senate Bill No. 5). An Act, to amend an Act approved March 20, 1943, Georgia Laws 1943, pp. 672-676, entitled an Act to equalize educational opportunities throughout the State in certain phases of vocational education, said Act being set forth as Sections 32-2206 through 32-2223 of the 1945 Cumulative Pocket Part to the Annotated Code of 1933, by striking and repealing in their entirely all of Sections 4 and 7 of said Act; and by striking from Section 6 of said Act,

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in their entirely subparagraphs numbered (1) and (2) and by inserting in lieu of said subparagraphs (1) and (2) new subparagraphs to read as follows: (1) Approve applications from local school units within the State, and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses. (2) Set up standards of training in each occupation that must be maintained by a local school unit in order to obtain special aid for such training courses; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section I. That the Act approved March 20, 1943, Georgia Laws 1943, pp. 672-676, entitled an Act to equalize educational opportunities throughout the State in certain phases of vocational education be, and the said Act is hereby amended by striking from said Act and by repealing in their entirety all of Section 4 and 7 thereof. Secs. 4 and 7, act of 1943, stricken. Section II. That Said Act approved March 20, 1943, Georgia Laws 1943, pp. 672-676, entitled an Act to equalize educational opportunities throughout the State in certain phases of vocational education be, and said Act is hereby amended by striking from Section 6 of said Act all of subparagraphs numbered (1) and (2) in their entirety, and by substituting in lieu thereof new subparagraphs (1) and (2) to read as follows: Sec. 6 amended. (1) Approve applications from local school units within the State, and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses. (2) Set up standards of training in each occupation that must be maintained by a local school unit in order to obtain special aid for such training courses. Said Section 6 of said Act when so amended shall read as follows: State Board of Education's authority.

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Section 6. The State Board of Education shall have the authority to: (1) Approve applications from local school units within the State, and to apportion and distribute thereto any and all special or additional funds which may be made available by appropriation, or otherwise, to aid and assist local units in paying the cost of training persons enrolled in the vocational courses; Applications and funds. (2) Set up standards of training in each occupation that must be maintained by a local school unit in order to obtain special aid for such training courses; Training standards. (3) Establish age limits of trainees and entrance requirements to be met by trainees for each occupation in which training is offered; Requirements. (4) Provide for the inspection of courses or training programs to determine if the approved standards are being met; Inspections. (5) Discontinue special or additional aid to a local school unit, if in the discretion of the State Board of Education, approved standards are not being maintained or other prescribed rules and regulations are not being followed. Discontinue aid. Section III. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1947. VETERANS'. LICENSES. No. 308 (Senate Bill No. 6). An Act To amend an Act approved March 20, 1943, amending an Act approved March 15, 1935, and particularly Section 2 of the Act first referred to, by changing the required degree of disability from twenty-five per centum, to ten per centum; by amending Section 3 of said Act to provide that eligible veterans may not be limited as to the number of businesses exempted; by extending the

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provisions of said Act to Veterans who engage in any profession, or semi-profession; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section I. That the words twenty-five appearing in the first caluse of the first sentence contained in the indented quotation of Section 2 of said Act of March 20, 1943, be stricken, and that there be inserted in lieu thereof the word ten, so that when amended, the said Section will read as follows: Sec. 2, act of 1943, amended. Provided further that no veteran shall be entitled to a license to peddle or conduct business under this Section until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from a physical handicap disabling to the extent of ten per centum, or more; that the total income of such veteran is such that he is not liable for the payment of State Income Tax; and that his services, or some part thereof, were rendered during a war period as defined by an Act of the Congress of the United States approved March 20th, 1933, entitled `An Act to Maintain the Credit of the United States' and commonly known as Public No. 2, 73rd Congress; or that some part of his, or her, service was rendered between December, 1941, and that date which is fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis Powers. Proof of such ten per cent (10) disability before the Ordinaries shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability. Extent of disability, limit of income, period of service. Section II. That said Acts be amended by adding a new section, to be appropriately numbered and designated, and to read as follows: Exemptions extended to professions and semiprofessions. Exemptions from business license tax, or occupation tax, granted herein shall extend to the professions, and semi-professions. Section III. All honorably discharged veterans of the

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armed services who served in World War II between December 7, 1941 and the passage of this Act shall be exempt from State Business Licenses for a period of five years from the passage of this Act. Exemption for 5 years for veterans of World War II. Section IV. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, repealed. Approved March 27, 1947. INVOLUNTARY GRATUITOUS DEPOSITORIESLIEN AND RIGHTS. No. 309 (Senate Bill No. 16). An Act to give an express lien to Involuntary Gratuitous or Naked Depositories on property held in their possession; to authorize such Depositories, for the purpose of locating the owner, where unknown, to open and examine the containers of property; to authorize such Depositories to incur expense in caring for and endeavoring to make delivery of such property; to provide a cumulative method for foreclosing their lien on said property; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section I. Involuntary Gratuitous or Naked Depositories shall have a lien on property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, etc., which do not on the outside thereof contain marks from which the owner can be ascertained, such Depositories are authorized, but not required, to open said container for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address is known, the Depository is authorized, but not required, to address a registered notice to such owner, that the Depository holds such property which will be delivered

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to the owner on reasonable identification and payment of any charges that have accrued for caring for said property and giving such notice. Lien. Depository authorized to open certain packages, etc. Notice to owner. Section II. Any property in the possession of an Involuntary Gratuitous or Naked Depository remaining unclaimed or unidentified, or the reasonable expense incurred in connection with the same remains unpaid, for the period of six months from the time said property came into the possession of such Depositories, may be sold at public auction to the highest bidder at such time and place as may be designated by such Depository; provided that such Depositories shall have published a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of sale in a newspaper of general circulation in the place of sale, or the nearest place thereto. Sale at public auction, when. Section III. The proceeds of any sale made under this Act shall be applied to the payment of any expense incurred in caring for the property sold, expense incurred in caring for the property sold, expense incurred in endeavoring to locate and make delivery to the owner thereof, and expense of advertising sale and other necessary expense; and should there be a balance, such balance shall be payable to the owner of the property, provided, that any claim of an owner shall be barred unless made within one year from the date of said sale. Use of proceeds of sale. Section IV. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1947. STATE LIBRARY. Code 101-101101-108 amended; 101-302, 101-303 repealed. No. 310 (Senate Bill No. 20). An Act to repeal Chapter 101-1 of Title 101 State Librarian of the Code of 1933 and enact in lieu thereof a new Chapter 101-1 of Title 101 State Librarian so as to provide a Department of State Library; for a State

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Librarian; how appointed and term of office and qualifications; to give bond with good security; for salary; for library assistants; Library to be kept at seat of Government; for appointment of Advisory Library Committee; for cooperation with other Departments; for repeal of Sections 101-302 and 101-303 of Chapter 101-3 Legislative Reference Department of Title 101 State Librarian; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section I. Chapter 101-1 of Title 101 State Librarian of the Code of 1933, be and is hereby repealed and in lieu thereof the following Chapter 101-1 of Title 101 State Librarian is enacted, to wit: Ch. 101-1 repealed. Chapter 101. In General. New provisions. Section 101-101. Department of State Library. There is hereby created a department to be known as the State Library which shall be kept in a building at the seat of the State Government and which shall be under the direction and supervision of the Governor. State Library. Section 101-102. State Librarian. The head of said department shall be known as the State Librarian, who shall be appointed by the Governor with the advice and consent of the Senate, whose term of office shall be for four years or until his successor shall have been appointed and confirmed by the Senate. The officer so appointed shall be a duly certified librarian, according to the provisions of An Act to Establish a State Board for the Certification of Librarians, approved March 31, 1937, and of rules and regulations pursuant thereto and, in addition, shall have had experience of at least 3 years in an executive position in a law or other reference library. The said State Librarian shall have all the powers and duties heretofore required of or vested in the State Librarian, not inconsistent with this Act. The present State Librarian shall continue in office under this Chapter until the present term of office of said State Librarian expires or until a successor is appointed and qualified. State Librarian, qualifications, duties, term. Section 101-103. Bond and Security. The State Librarian must give a bond in the sum of $2,000.00 with

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good security, payable to the Governor and his successors in office, conditioned for the faithful performance of his duties as State Librarian. Bond. Section 101-104. Salary of Librarian. The salary of the State Librarian shall be $4,000.00 per annum. Salary. Section 101-105. Library Assistants. Assistants in the State Library shall be appointed by the State Librarian and their compensation fixed with the approval and consent of the Governor. Library Assistants. Section 101-106. Library to be kept at seat of government. The Library belonging to this State, with such additions as may be hereafter made from any sources by purchase or gift, together with all copies of the laws, journals, or other books, published or purchased by the State shall be housed at the seat of the Government in such space as shall be designated by the Governor under such rules and regulations as he may from time to time prescribe. Library to be kept at seat of government. Section 101-107. Advisory Library Committee. The Chief Justice of the Supreme Court, Secretary of State and the Chancellor of the University System, ex officio, shall constitute a State Library Committee which shall consult and advise with the State Librarian from time to time and suggest or recommend to the Governor and the State Librarian such policies and services as will best promote and advance the usefulness of the department to public officials and the citizens of this State. Advisory Library Committee. Section 101-108. Cooperation with other State departments. The State Library is authorized to cooperate with any other State-supported department or institution in any manner and to any extent which may be recommended by the Advisory Committee and approved by the Governor, looking to the fullest possible coordination and integration of the State's library services and facilities as a whole. Cooperation with other State departments. Section II. Be it further enacted that Sections 101-302 and 101-303 of Chapter 101-3 Legislative Reference Department of Title 101 State Librarian be and the same are hereby repealed. 101-302 and 101-303 repealed.

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Section III. Any and all laws in conflict with this act in whole or in part are hereby repealed. Approved March 27, 1947. COUNTY SCHOOL SUPERINTENDENTS. Code 32-1006. No. 311 (Senate Bill No. 33). An Act to amend Section 32-1006 of the Code of 1933 relating to the classification and compensating of county school superintendents, as said Section 32-1006 was enacted by an Act approved January 31, 1946, Georgia Laws 1946, pp. 73-74, by striking from lines 12 and 13 of said Section as set out to read by Section 1 of said 1946 Act the words nor more than $100.00 per month, and to provide 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 same: Section I. That Section 32-1006 of the Code of 1933 relating to the classification and compensation of county school superintendents as enacted by an Act approved January 31, 1946, Georgia Laws 1946, pp. 73-74, be, and the same is hereby amended by striking from lines 12 and 13 of said Code Section as set out to read in Section of the 1946 Act the words nor more than $100.00 per month, so that said Code Section when so amended shall read as follows: 32-1006 amended. Section 32-1006. Each county superintendent 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 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

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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. To read. Certification and classification. Salaries. Section II. This Act is to become effective as of July 1, 1947. Date effective. Section III. That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved March 27, 1947. DIRECTOR OF PUBLIC HEALTH. Code 88-105. No. 312 (Senate Bill No. 53). An Act, to amend Section 88-105 of the Code of Georgia, the same relating to the election, qualifications, term of office, compensation, bond, etc. of the Director of Public Health, by striking and repealing the section in its entirety and substituting in lieu thereof a new Section 88-105 relating to the election, qualifications, term of office, compensation, bond, etc. of the Director of Public Health; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section I. That Section 88-105 of the Code of Georgia is hereby amended by striking the section in its entirety and substituting in lieu thereof a new Section 88-105 to read as follows: 88-105 stricken. 88-105. The Board of Health shall elect a Director of the Department of Public Health, who shall devote his entire time to the work of the Department; hold office for a term of six years, unless removed by the Board for incompetency or acts of moral turpitude after an open hearing before the Board; be provided with suitable offices at the State Capitol; receive such salary as may be

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fixed by said Board and approved by the Budget Bureau not to exceed ten thousand dollars ($10,000) annually. Said Director shall give bond for the faithful performance of his duties and for the faithful accounting for all moneys coming into his hands as Director of the Department of Public Health, in such amount and under such terms and conditions as may be prescribed by said Board of Health and approved by the Governor: Provided, that such Director shall be a graduate physician authorized to practice medicine and surgery in this State, and shall have had not less than five years' experience in the practice of said profession: Provided, further, that the present Director shall serve until the expiration of the present term of office and shall be eligible for election or appointment for additional terms of office thereafter. New section. Director of Public Health, duties, term, etc. Salary. Qualifications. Section II. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. PERMISSIVE BANK HOLIDAYS. Code 14-1809. No. 313 (Senate Bill No. 69). An Act, to amend Part II, entitled Miscellaneous Provisions, of Title 14 of the Code of Georgia of 1933, entitled Bills and Notes, by adding thereto a new Section, relating to permissive holidays, to be known and numbered as Section 14-1809-a, and which shall provide that any trust company, and any bank, including state banks, national banks, savings banks, private banks, Federal Reserve Banks, federal home loan banks, federal savings and loan associations, state building and loan associations, federal credit unions, and state credit unions, doing business in the State of Georgia and located in any county having a population of 70,000 or more according to the Census of 1940 or any future census, may remain closed on any Wednesday, or on any Saturday (but not on both during the same week), and that any act authorized, required, or permitted to be performed at or by any

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such trust company or bank on a Wednesday or Saturday when such trust company or bank is closed may be performed on the next succeeding business day, and that no liability or loss of rights of any kind shall result from such delay, provided, however, that no such trust company or bank shall close on a Wednesday or a Saturday by virtue hereof during any week in which there occurs any one of the public and legal holidays enumerated in Section 14-1809 of the Code of Georgia of 1933, as heretofore amended; and for other purposes. Be it enacted, by the General Assembly of Georgia: Section I. That Part II of Title 14 of the Code of Georgia of 1933 is hereby amended, by adding thereto a new Section, to be known and numbered as Section 14-1809-a, which said Section shall read as follows: New 14-1809(a). Section 14-1809-a. Permissive holidays. Any trust company, and any bank, including state banks, national banks, savings banks, private banks, Federal Reserve Banks, federal home loan banks, federal savings and loan associations, state building and loan associations, federal credit unions, and state credit unions, doing business in the State of Georgia and located in any county having a population of 70,000 or more according to the Census of 1940 or any future census, may remain closed on any Wednesday, or on any Saturday, (but not on both days during the same week), and that any act authorized, required, or permitted to be performed at or by any such trust company or bank on a Wednesday or a Saturday when such trust company or bank is closed, may be performed on the next succeeding business day, and that no liability or loss of rights of any kind shall result from such delay, provided, however, that no such trust company or bank shall close on a Wednesday or a Saturday during any week in which there occurs any one of the public and legal holidays enumerated in Section 14-1809 of this Code, as the same has been heretofore amended. Trust companies and banks may remain closed on any Wednesday or any Saturday. Section II. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 27, 1947.

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BONDSINVESTMENT OF PROCEEDS. No. 314 (Senate Bill No. 72). An Act to authorize the investment or reinvestment from time to time of the proceeds of bonds issued by any county, municipality, school district or other political subdivision of this State; to define the securities in which such funds may be invested or reinvested; to authorize the purchase of such securities at either a premium or a discount; to define the persons who may make such investment or reinvestment; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. The proceeds of any bonds issued by any county, municipality, school district or other political subdivision of this State, or any portion thereof, may from time to time be invested and reinvested by the governing authorities of such county, municipality, school district or political subdivision in the bonds of such county, municipality, school district or other political subdivision, or in the bonds or obligations of the State of Georgia, or of other counties, municipalities and political subdivisions of Georgia, or in the bonds or other obligations of the United States or of subsidiary corporations of the Federal Government fully guaranteed by such government, and no other. Such governing authorities so authorized to invest such funds are authorized, in their discretion, to purchase such securities as an investment at either a premium or a discount and to sell such securities at such time and for such price as such governing authorities may deem advisable. Investment authorized. What securities. Section II. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 27, 1947.

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INSANE PERSONSRESTORATION TO SANITY. Code 49-609 and 49-610 repealed; new provisions. No. 315 (Senate Bill No. 73). An Act to provide means whereby restoration to sanity and capacity may be established by judgment of the Court of Ordinary; the procedure therefor and the effect thereof; and for appeal to the Superior Court by parties at interest dissatisfied with the judgment of the Court of Ordinary in such cases; to prescribe the duties of the persons commissioned by the Ordinary in such cases; to provide for the attendance of witnesses and examination on oath and for compulsory process to compel attendance of witnesses; to fix the costs payable in such cases and the manner of payment thereof; to repeal Sections 49-609 and 49-610; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. Any person who has been restored to sanity and capacity after having been adjudged a lunatic or a person of unsound mind may, personally or by attorney, petition the Ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment of restoration to sanity, which petition must be accompanied by payment in advance to the Ordinary of the costs in the Court of Ordinary fixed by the terms of this Act. Petition to Ordinary for judgment of restoration to sanity. Section II. Upon the filing of such a petition the Ordinary shall issue a commission directed to three (3) persons having the same qualifications as now prescribed by Section 49-604 of the Georgia Code of 1933 for the examination of insane persons before their commitment to Milledgeville State Hospital, a copy of which commission shall be served upon the three (3) nearest adult relatives within the State of the person claiming to be restored to sanity and upon the legally qualified guardian of such person (if he or she has a guardian residing in this State). If there are less than three (3) adult relatives within the State, then such copy shall be served upon all adult relatives in the State less than three in number and if there is no adult relative

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within the State, then a copy shall be served upon a guardian ad litem appointed by the Court of Ordinary for said purpose, which guardian ad litem shall within ten (10) days file a written report which shall be made available to the members of said commission. After ten (10) days from the expiration of said notice to adult relatives and legally qualified guardian, if any, or to the guardian ad litem, said commission shall examine the applicant in the same manner provided by Section 49-604 of the Code of 1933 for commission to said hospital or for the appointment of a guardian, after taking the oath now provided by law in such cases. Commission. Notice to relatives and guardian. Section III. Said commission shall convene after the expiration of the ten-day notice herein provided, shall examine the petitioner and hear such testimony as it deems necessary and return its verdict and findings to the Court within a period of thirty (30) days from the issuance of said commission. Said verdict, if it complies with the law as to form, shall be approved by the Ordinary and immediately filed and recorded by the Ordinary upon his Minutes and, in the absence of appeal, shall constitute a final judgment, binding upon all parties, as to the mental condition of the applicant on the date of the return of said verdict by said commission. Examination by Commission. Verdict of Commission. Section IV. The petitioner or any friend or relative of the petitioner or the Ordinary or the legally qualified guardian or guardian ad litem, if any, or any person having an interest in property owned by the petitioner, if dissatisfied with said judgment may, upon paying all costs and giving bond and security for all future costs and damages, within a period of four (4) days after the filing of such verdict, enter an appeal to the Superior Court of such county where the issue shall be submitted to a jury as in other cases of appeal from the Court of Ordinary, with the right of either party to except from the judgment of the Superior Court to the Supreme Court or the Court of Appeals as now provided by law. Appeal from judgment. Section V. The Ordinary may issue subpoenas for witnesses to appear before the commission so appointed; and on failure of witnesses to appear the Ordinary may take the same steps to compel attendance as if the proceedings were before his Court. Witnesses.

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Section VI. Be it further enacted by the authority aforesaid that the Ordinary shall be entitled to a fee of Ten ($10.00) Dollars for issuing and docketing the commission and for the performance of other duties herein required of the Ordinary, and the three (3) commissioners shall be entitled to a fee of Five ($5.00) Dollars each, which cost shall be taxed against the petitioner and paid as herein provided. Fees of Ordinary and Commissioners. Section VII. Be it further enacted by the authority aforesaid that upon the failure of either of such persons to appeal from said judgment and finding of the Court of Ordinary or upon such failure to except to the verdict and judgment of the Superior Court on appeal in the manner and within the time prescribed by law, such finding or verdict and judgment, as the case may be, shall be conclusive on the issue of restoration to sanity, and if restoration is so established, such person shall be deemed sane and capable of managing his or her property as of the date the judgment of the Court upon the issue of restoration to sanity. In each case where restoration to sanity is so established the guardian, if any, shall forthwith deliver over to such person whose sanity and capacity has been established, such person's property, money and effects. Effect of judgment of restoration to sanity. Section VIII. Be it further enacted by the authority aforesaid that Section 49-609 of the Georgia Code of 1933 which reads as follows, namely: 49-609. Proceedings to end guardianship.Any person for whom a guardian shall be appointed under this law, upon restoration to sanity and capacity, may personally or by attorney petition the ordinary, setting forth the fact and praying the revocation of such guardianship. Upon such petition the ordinary may examine into the truth thereof, and if satisfied of its truth, and the guardian consenting thereto, the ordinary shall grant the prayer and order the guardian forthwith to deliver over to such person his property, money and effects; 49-609 and 49-610 repealed. and also Section 49-610 of the Georgia Code of 1933 which reads as follows, namely: 49-610. If the ordinary shall not be satisfied as to the truth of the petition, or the guardian or any relative of

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the applicant shall object to the revocation of the letters, the ordinary shall require the sheriff to summon 18 men, competent to serve as jurors, to appear before said ordinary on a day specified, any 12 of whom, being duly sworn, shall constitute a jury before whom shall be tried the issue as to the truth of the application; upon a verdict affirming its truth, the ordinary shall grant the prayer and order above specified, be, and the same are, hereby repealed. Section IX. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved March 27, 1947. SUPERIOR COURTSCHARGE TO VETERANS FOR RECORDING DISCHARGE CERTIFICATES PROHIBITED. Code 24-2727. No. 316 (Senate Bill No. 87). An Act to prohibit clerks of courts from charging veterans of certain wars a fee for recording their discharge certificates; to expressly repeal the last item of Section 24-2727 of the Code, which authorizes a fee of 25c to be charged by the clerks of the superior courts for recording soldiers' discharge certificates; to provide for the payment of a fee of 50c for each certificate recorded by a clerk in all counties where the said clerk of court is on a fee basis; 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: Section I. All clerks of the superior courts are hereby prohibited from charging a fee to veterans of the two World Wars for recording their discharge certificates. Clerks prohibited from charging veterans. Section II. It is the purpose of this Act to expressly repeal the last item in Section 24-2727 of the Code which reads

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as follows: Recording soldiers' discharge certificate25. It is also the purpose and intent of this Act to repeal any other law which authorizes a charge to be made against a veteran for recording discharge certificates. This service is hereby declared to be rendered free of charge to all veterans of the past two World Wars. 24-2727 amended. Purpose of Act. Section III. In all counties where the clerk of a superior court is exclusively on a fee basis, the said clerk shall be paid the sum of 50c for each discharge certificate recorded by him. This sum is to be paid out of the county treasury by the proper county fiscal authority on the first day of each month, based on the number of discharge certificates filed and recorded by the said clerk during the preceding month. Payment to clerk by county. Section IV. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 27, 1947. WINE MAKING AND SELLING. No. 317 (Senate Bill No. 90). An Act To amend an Act entitled An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits and berries, whether wild or cultivated, by producers in Georgia of such crops, and providing for the holding of an election to ratify or reject this Act; and for other purposes approved March 23, 1935, and contained on pages 492 and 494 of the Acts of the General Assembly of 1935, as amended by an Act entitled An Act to amend an Act entitled `An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits and berries, whether wild or cultivated, by producers in Georgia of such crops, and

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to provide for the holding of an election to ratify or reject this Act; and for other purposes; approved March 23, 1935, and contained on pages 492 to 494 of the Acts of the General Assembly of 1935, by striking certain words and sections from said Act; by legalizing the making and manufacturing and selling of domestic and foreign wines; providing for licensing of and wholesale dealers and wineries; by providing for a license tax on all dealers, manufacturers and wineries, and a tax on all wines manufactured and sold, by providing for the confiscation and destruction of wines manufactured, possessed and sold contrary to the provisions of this Act; by prohibiting the sale of wine on the Sabbath Day, and to provide a penalty for the violation of this provision; by allocating the revenue derived under this Act; by providing a separability clause and for the repeal of all laws in conflict with this Act; and for other purposes, approved March 30, 1937, and contained on pages 851 to 861 of the Acts of the General Assembly of 1937; by striking certain words and sections from said Act and amendatory Act; by legalizing the manufacture of wine and the operation of wineries in any county in Georgia and by eliminating wineries and manufacturers from the referendum provided for in said Act and amendatory Act; 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 I. Amending that part of Section 4 of the Act approved March 23, 1935, as published in Georgia Laws 1935, pages 492 to 494, relating to the manufacture and sale of wines, and reading as follows: Any County may, upon petition signed by fifteen per cent of its registered voters, call an election to determine whether or not the manufacture and sale of wines shall be prohibited in said county; and any county may, after hearing had before the superior court, close any place retailing wines, which is not conducted in an orderly manner, by striking therefrom the words manufacture and, so that said section, when amended, shall be as follows: Sec. 4, act of 1935, amended. Any county may, upon petition signed by fifteen per cent of its registered voters, call an election to determine

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whether or not the sale of wines shall be prohibited in said county; and any county may, after hearing had before the Superior Court, close any place retailing wines, which is not conducted in an orderly manner. County election as to sale. Disorderly places. Section II. Amending Section 4 of the amendatory Act approved March 30, 1937, as published in Georgia Laws 1937, pages 851 to 861, relating to the manufacture, sale and taxation of wines, and reading as follows: Sec. 4, act of 1937, amended. Any county may, upon petition signed by 15% of its registered voters, call an election to determine whether or not the manufacture and sale of wines shall be prohibited in such county; and any county may, after hearing had before the Superior Court, close any place retailing wines, which is not conducted in an orderly manner, by striking therefrom the words manufacture and, so that Section 4, when amended, shall read as follows: Section 4. Any county may, upon petition signed by 15% of its registered voters, call an election to determine whether or not the sale of wines shall be prohibited in such county; and any county may, after hearing had before the Superior Court, close any place retailing wines, which is not conducted in an orderly manner. County election as to sale. Disorderly places. Section III. Amending that part of Section 4 of the Act approved March 23, 1935, as published in Georgia Laws, 1935, pages 492 to 494, relating to the manufacture and sale of wines, and reading as follows: Sec. 4, act of 1935, amended. In any county where alcoholic beverages may be legally sold, any person, firm or corporation may establish wineries for the manufacture, storage and sale of wines made from Georgia crops under such reasonable rules and regulations as may be promulgated by the Commissioner of Agriculture, with the approval of the Governor; and the Commissioner of Agriculture is hereby authorized to formulate and publish such rules and regulations which shall have the force and effect of law after approval of the Governor, so that such part Section, as amended, shall read as follows: Any person, firm or corporation may establish wineries for the manufacture, storage and sale of wines made

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from Georgia crops in any municipality in Georgia, or in the county outside the municipality, after having first obtained a permit from the governing body of such municipality or county, as the case may be, under reasonable rules and regulations as are now and as may be promulgated by the Commissioner of Agriculture, with the approval of the Governor; and the Commissioner of Agriculture is authorized to formulate and publish such rules and regulations which shall have the force and effect of law after the approval of the Governor. Wineries; rules and regulations by Commissioner of Agriculture; Governor's approval. No winery shall make sale of any of its products to any person within the State who is not a licensed dealer or bottler of wines. Licensed dealers. Section IV. Be it and it is hereby further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1947. QUARTERS FOR VETERANS' ORGANIZATIONS AND AUXILIARIES. No. 318 (Senate Bill No. 97). An Act relating to counties, cities and other political subdivisions of the State of Georgia and authorizing them to furnish free of charge quarters for nationally recognized veterans organizations and their auxiliaries; and for other purposes. Be it enacted by the Legislature of the State of Georgia: Section I. That counties, cities and other political subdivisions of the State of Georgia are authorized to furnish free of charge a building, office and/or meeting hall for the exclusive use of the several nationally recognized veterans' organizations and their auxiliaries, subject to the direction of the committee or person in charge of such building, office and/or meeting hall. The several nationally recognized veterans' organizations may have access at all times to said building, office and/or meeting hall. Counties, cities and other political subdivisons may further have the right to

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furnish heat, light, utilities, furniture and janitor service at no cost to the veterans' organizations and their auxiliaries. Counties, cities and other political subdivisions authorized to furnish quarters and services. Section II. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 27, 1947. PIPE LINES FOR TRANSPORTING CLAY. No. 319 (Senate Bill No. 101). An Act To define and broaden the use of right of ways granted for highways and to lessen the surface use thereof and to permit the use of the same for pipe lines to transport clay from the mine to refining plants; to give the State Highway Department jurisdiction over the construction and maintenance of said pipe lines; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section I. Declaration of Legislative Policy. As a matter of legislative determination, it is hereby declared that state highways are maintained for the purpose of enabling persons and property to be transported upon, under, and along the same, and said highways are vital necessities to our economic structure. The congestion of traffic on the surface of said highways, the deterioration from constant use and heavy loads, and the frequency of accidents causing damage to persons and property are all questions of grave public concern, and it is necessary in the interest of public safety and economy that means be provided whereby the use of said highways may be enlarged and at the same time the safety of the public increased and the cost of maintenance decreased. Declaration of policy. Section II. That the State Highway Department of Georgia shall have the right to grant permits to persons, firms, or corporations engaged in the mining of clays to construct, maintain, and operate pipe lines under the surface of right of ways owned by the State of Georgia, which

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pipe lines shall be used to convey clay from the mines to refining plants or to railroads where such clay may be shipped to refining plants. As a condition precedent to the granting of such permits, the State Highway Department shall require the mining operator to make application in writing specifically describing the nature, extent, and location of his proposed pipe line and shall also require the applicant to furnish an indemnity bond conditioned to pay any damages which may be caused to said highway during either the period of construction or operation and also any damages which may be suffered by any member of the public on account of the construction or maintenance of said pipe line. Said State Highway Department shall be authorized to adopt reasonable regulations for the construction, use, and maintenance of said pipe lines and shall likewise be empowered to order the removal thereof should said pipe lines not be properly maintained and operated; provided, that it at all times shall be the duty of said State Highway Department to see that the operation of said pipe lines does not interfere with the surface use of said highways. Pipe lines under State-owned rights of way authorized. Application, indemnity bond, etc. State Highway Department to regulate and control. Section III. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1947. EXEMPTIONS FROM TAXATION. No. 320 (Senate Bill No. 102). An Act To amend 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, approved January 31, 1946, by including therein hospitals operating for nonprofit, and defining institutions of purely public charity, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. That Subparagraph (a) of Section 1 of an Act approved January 31, 1946 relating to property exempt

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from taxation (Georgia Laws 1946, pages 12-13) be, and the same is hereby, amended by adding after the word charity, occurring in the second line of said subparagraph, the words, Hospitals not operated for the purpose of private or corporate profit and income; also by adding after the word college in the eighth line of said subparagraph, the words, non-profit Hospitals; also by adding after the word colleges in the eleventh line of said subparagraph the words, non-profit Hospitals; also by adding after the word colleges in the fourteenth and fifteenth line of said subparagraph, the words, non-profit Hospitals; and also by adding another paragraph at the end of said subparagraph (a) as follows: Sec. 1, act of 1945, amended to include non-profit hospitals. The words, `institutions of purely public charity', `non-profit Hospitals', and `Hospitals not operated for the purpose of private or corporate profit and income', shall mean and include such institutions or hospitals which may have incidental income from pay patients, provided such income, if any, is devoted exclusively to the charitable purpose of caring for patients who are unable to pay, and for the purpose of maintaining, operating and improving the facilities of such institutions and hospitals, and not directly or indirectly for distribution to shareholders in corporations owning such property, or to other owners of same, so that said Subparagraph (a) of Section 1 of said Act, as amended, shall read as follows: (a) All public property; places of religious worship or burial; all institutions of purely public charity; Hospitals not operated for the purpose of private or corporate profit and income; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, non-profit Hospital, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges; non-profit Hospitals, 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, non-profit

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Hospitals, 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 philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institutions; 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. To read. Section II. Be it further enacted by the authority aforesaid that the words, institutions of purely public charity, non-profit Hospitals, and Hospitals not operated for the purpose of private or corporate profit and income, shall mean and include such institutions or hospitals which may have incidental income from pay patients, provided such income, if any, is devoted exclusively to the charitable purpose of caring for patients who are unable to pay, and for the purpose of maintaining, operating and improving the facilities of such institutions and hospitals, and not directly or indirectly for distribution to shareholders in corporations owning such property, or to other owners of same. Definitions.

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Section III. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1947. REIMBURSEMENT BY HIGHWAY DEPARTMENT TO COUNTIES FOR RIGHTS OF WAY. No. 321 (House Bill No. 458). An Act to provide for the payment by the State Highway Department of Georgia for rights of way to counties when rights of way are not used for highway purposes within three years, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the State Highway Department of Georgia shall be required to reimburse any county of this State the sums actually expended by such county to obtain rights of way for a State highway location which was selected by the State Highway Department of Georgia and not used for highway purposes within three years from the date such rights of way were acquired and certified by the county to the State Highway Department. When locations not used for 3 years. Section 2. That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 28, 1947. NEW SCHOOLHOUSE DISTRICTSPOWERS OF COUNTY BOARDS OF EDUCATIONEXCEPTIONS. Code Ch. 32-9 amended. No. 322 (Senate Bill No. 109). An Act To amend an Act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, being an Act to amend Chapter 32-9 of the Code of Georgia as amended relating to

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the powers and duties of county boards of education, school districts and local school trustees by adding a new section to be appropriately numbered so as to provide that the county boards of education may divide the whole county into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip schoolhouses and may issue bonds therefor; to set up and establish the procedure for bond elections by the local districts where bonds are to be issued and sold for the purpose of securing school sites and for building and equipping schoolhouses; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section I. That the Act approved February 1, 1946, Georgia Laws 1946, pp. 206-217, be and said Act is hereby amended by adding thereto a new Section to be appropriately numbered, which said new Section shall read as follows: Act of 1946, amending Code Ch. 32-9, amended. Section...... Whenever the county board of education of any county of this State deems it necessary for the purpose of securing proper school sites and buildings and to the best interest of education in the county, the county board of education shall have the power and authority to divide all of the territory of the county outside of independent school systems established prior to the adoption of the 1945 Constitution, into local subdivisions to be known as local schoolhouse districts. Whenever the county board of education divides the county into local subdivisions the entire county shall be so divided into separate subdivisions. The local subdivisions so set up and established shall be clearly and positively defined by the resolution passed by the board establishing such subdivisions. The same shall be marked off in the manner which the board deems to be most advantageous to the school interest of the county. The county board of education shall act as officers of such local subdivision, and as such are hereby authorized to incur bonded indebtedness for the purpose of purchasing school sites and for building and equipping, enlarging and repairing schoolhouses in and for such local subdivisions. The bonded indebtedness which the county board of education

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is hereby authorized to incur shall be incurred pursuant to Art. 7, Sec. 7, Paragraphs 1 and 2 of the Constitution of 1945. An election for bonds for such local subdivisions 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 prescribed by Chapter 87-3 of the Code of Georgia of 1933, as amended. The purpose of this Section is to permit and to require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by the county boards of education for local subdivisions herein established, for building and equipping, enlarging and repairing schoolhouses or purchasing sites therefor, as is required in the case of municipalities and other county bonds. Provided, however, that where the county board of education divides the county into subdivisions and seeks to issue bonds for any one of the local subdivisions, persons residing outside of the local subdivisions may not participate as qualified voters in said election. Should the election held in a local subdivision result favorable to the issuance of bonds for such local subdivision, the property located within such local subdivision as marked off and established by the county board of education shall be subject to taxation for the retirement of bonds issued by the county board of education for such local subdivision. The property located outside of such subdivision shall not be subject to taxation for the retirement of any bonds issued for the local subdivision, provided no local school district heretofore bonded shall be altered or changed by the county board of education until said bonds are retired. New section. Power of county of board of education to make other schoolhouse districts. Procedure. Bonded indebtedness authorized. Bond election, validation. Procedure as with municipal and county bonds. Persons outside of subdivisions. After election. Property in or out of subdivision. Present bonded districts. Section II. It is not intended that Section I of this Act shall in any way interfere with the county board of education issuing bonds on a county-wide basis as provided for in Section 23 of the Act approved February 1, 1946. The purpose of Section I of this Act is to give to the county board of education additional powers so that the county board of education may provide adequate school sites, buildings and equipment in counties, and under circumstances where county-wide bond issues for securing school sites, building and equipping schoolhouses proves inadequate and

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inequitable because of prior existing bonded indebtedness of local districts or otherwise. Purpose of sec. I. Section II A. None of the provisions of this Act shall apply in counties in this State having a population of 200,000 or more according to 1940 or any future Federal Census. No application to counties of 200,000. Section II B. This Act shall not apply to any public school system covered by Article VIII, Section X, Paragraph I of the Constitution. Additional exception. Section II C. Nothing in this Act shall apply to any school system in the Counties of Polk, Liberty, Long, Thomas and Union. Other counties excepted. Section III. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Repealing provision. Section IV. That in the event any paragraph or portion of this Act shall be held or decreed to be invalid, or unconstitutional, the remainder of the Act shall not be affected thereby. If part of Act invalid. Approved March 27, 1947. COUNTY BOARDS OF EDUCATION POWERS SCHOOL COURTCOUNTY SUPERINTENDENTTEACHERSAPPEALS. Code 32-910, 32-1008, 32-1010 amended. No. 323 (Senate Bill No. 113). An Act To amend Code Section 32-910 of the Georgia Code of 1933, relating to powers of county boards as school courts and the appeal therefrom, by striking from line 7 the words, State Superintendent of Schools, and inserting in lieu thereof the words, State Board of Education; to provide how said Section when so amended shall read; to amend Section 32-1008 of the Code of Georgia of 1933 relating to the removal of the county superintendent of schools from office and the right of appeal therefrom, by striking from lines 6 and 7 the following words, State Superintendent of Schools, and from the State Superintendent of Schools to the; to provide how

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said Section when so amended shall read; to amend Section 32-1010 of the Code of Georgia of 1933, relating to examination and suspension of teachers and the right of appeal therefrom, by striking from lines 8 and 9 the words, State Superintendent of Schools or from him to the; to provide 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 I. That Section 32-910 of the Code of Georgia of 1933 relating to powers of county boards as school courts and the right of appeal therefrom, be, and said Section is hereby amended by striking from line 7 the words, State Superintendent of Schools and by inserting in lieu thereof the words, State Board of Education, so that said Section when so amended shall read as follows: 32-910 amended. Section 32-910. The county board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary; and when they have made a decision, said decision shall be binding upon the parties. Either of the parties shall have the right of appeal to the State Board of Education, and said appeal shall be made through the county superintendent of schools in writing and shall distinctly set forth the question in dispute, the decision of the county board and testimony as agreed upon by the parties to the controversy, or if they fail to agree, upon the testimony as reported by the county superintendent of schools. To read. Board as school court; procedure. Appeals to Board. Section II. That Section 32-1008 of the Code of Georgia of 1933 relating to the removal of a county superintendent of schools from office and the right of appeal therefrom, be, and said Code Section is hereby amended by striking from lines 6 and 7 the words, State Superintendent of Schools, and from the State Superintendent of Schools to the, so that said Section when so amended shall read as follows: 32-1008 amended. Section 32-1008. The county superintendent of schools may be removed from office before the expiration of his term by a majority vote of the board of education for

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inefficency, incapacity, neglect of duty or malfeasance or corruption in office: Provided, that any superintendent so removed shall have the right of appeal from the action of the county board to the State Board of Education. To read. County Superintendent. His removal. Section III. That Section 32-1010 of the Code of Georgia of 1933, relating to examination and suspension of teachers and the right of appeal therefrom be, and said Section is hereby amended by striking from lines 8 and 9 the words, State Superintendent of Schools or from him to the so that said Section when so amended shall read as follows: 32-1010 amended. Section 32-1010. The county superintendent of schools shall superintend examinations of all teachers of his county as provided by law. He shall suspend any teacher under his supervision for nonperformance of duty, incompetency, immorality or inefficency, and for other good and sufficient causes. From his decision the teacher may appeal to the county board of education, and either the superintendent or the teacher, being dissatisfied with the decision of the board, may appeal to the State Board of Education, the decision of which shall be final. To read. Teachers; examination, suspension by him. Appeals. Section III a. The provisions of this Act shall not apply to any Public School System established prior to the adoption of the Constitution of 1877. Exception as to application of Act. Section IV. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 27, 1947. CORPORATION LIQUIDATIONSNO GAIN OR LOSS. Code 92-3120 amended (new subsection). No. 324 (Senate Bill No. 125). An Act To amend Section 92-3120 of the Georgia Code pertaining to gain or loss in exchange of property by adding at the end thereof a subsection (g) permitting, in accordance with the same terms set forth in Section 112 (b) (6) of the Federal Internal Revenue Code, a corporation

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to receive property on the complete liquidation of a subsidiary corporation without realizing any taxable gain or loss. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section I. (g) PROPERTY RECEIVED BY CORPORATION ON COMPLETE LIQUIDATION OF ANOTHER.No gain or loss shall be recognized upon the receipt of a parent corporation of property distributed in complete liquidation of its subsidiary after December 31, 1946, in accordance with the terms and conditions of Section 112 (b) (6) of the Federal Internal Revenue Code effective on the date of the passage of this Act. New subsection to conform to sec. 112(b) (6), Federal Internal Revenue Code. Certain liquidations; no gain or loss. Section II. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 27, 1947. CLAYTON COUNTY PLANNING COMMISSIONZONINGBOARD OF ZONING APPEALSPOWERS OF COMMISSION AND COUNTY COMMISSIONER. No. 325 (House Bill No. 158). An Act to create and establish for Clayton County a County Planning Commission and Board of Zoning Appeals, and to authorize the Commissioner of Roads and Revenues for Clayton County to create a County Planning Commission; to authorize said County Planning Commission to exercise the authority conferred upon them by law with reference to zoning property in said county; to provide that said planning commission may recommend to the Commissioner a comprehensive plan of zoning; to provide that said Commissioner may adopt the comprehensive zoning plan; said county authorities may provide a method and manner of carrying out the terms of this Act; to provide that said county authorities may pass rules and regulations governing the zoning of property

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in Clayton County; to provide a method of electing the personnel to the County Planning Commission and to the Board of Zoning Appeals; to provide authority for said Commissioner of Roads and Revenues for Clayton County to appropriate funds to provide for the personnel in carrying out the terms of this Act; to provide that upon the adoption of said comprehensive plan this Act is to take effect; and for other purposes; to provide for issuance of Building permits. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That the Commissioner of Roads and Revenues or other governing authority of Clayton County, Georgia, shall have the power and authority to create a County Planning Commission, which said commission shall consist of four (4) citizens to be appointed by said Commissioner of Roads and Revenues of said county or other county authority. County Planning Commission authorized; appointment. Section 2. Said County Planning Commission shall have all the powers hereinafter set forth, shall have such other powers as may be proper and consistent with the operation of said commission, shall have such additional powers as may be resolution of said commissioner of Roads and Revenues for appointed by said Commissioner of Roads and Revenues of said county or other county authority. Powers. Said County Planning Commission shall have all the powers hereinafter set forth, shall have such other powers as may be proper and consistent with the operation of said commission, shall have such additional powers as may by resolution of said Commissioner of Roads and Revenues for Clayton County from time to time be conferred thereon not inconsistent with the terms of this Act or the laws of this State, now or hereafter existing: the power and authority granted to said Planning Commission and to be granted them from any other source, as well as the power granted by the Commissioner of Roads and Revenues, or any other county authority, is to be exercised only outside any incorporated municipal limits. An office shall be provided for said Commission in the Courthouse of said county at which said Commission may hold its meetings, transact

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its business and keep its records. Said Commission shall have the power and authority to employ consulting advisors who may be experts or well-informed persons on county and municipal planning and such other help and personnel as may be necessary and to pay for such services, including any other expenses that may be necessarily incurred, and the expense of its members in the performance of their duties under the direction of said commission; all such expenses are here authorized to be paid out of such funds as may be appropriated to said County Planning Commission by the Commissioner of Roads and Revenues of Clayton County, Georgia, in its discretion. Other powers. Office. Advisors. Expenses. Section 3. It shall be the duty of said County Planning Commission and they shall have power to recommend or make suggestions to the Clayton County Commissioner, or other authority concerning the laying out, widening, extending, and location of streets, boulevards, roads, and highway; the location of parks and playgrounds; the relief of traffic conditions, traffic congestion; the development of housing and supervision of sanitary conditions; and establishment of zones or districts. Further, it shall be the duty of said Planning Commission to consider and make recommendations and suggestions to the Commissioner of Roads and Revenues of Clayton County, Georgia, concerning the use, height, area, and kind of buildings or structures to be erected in various sections of said county; to study and propose such regulations as may be advisable for the promotion of the business interest, health, morals, safety, comfort, convenience and welfare of said county. Duties and powers; subjects and scope. Streets, roads, parks, traffic, housing, sanitation, buildings, etc. Section 4. Said Planning Commission and the governing authorities of said county shall at all times in carrying out the power and authority herein given bear in mind the unincorporated area over which they have jurisdiction and cooperate in so far as possible with the governing authorities of any incorporated municipalities or other authorities in carrying out the powers that may be granted or may hereinafter be granted from any source. Said Planning Commission shall have authority to investigate and make recommendation to the governing authorities of said county concerning all plans for sewers, both sanitary and stormwater wherever placed in any property, subdivision

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or lots developed for sale. Whenever said county undertakes the erection of any public building, (other than school buildings), the governing authorities of said county shall refer the plans and specifications for such building or buildings or public improvements to the Planning Commission for consideration and recommendation. Unincorporated and incorporated areas. Sewers, public buildings, etc. Section 5. The Commissioner of Roads and Revenues for Clayton County, Georgia, are authorized and directed to make such appropriation to the County Commission Planning for the carrying on of its work as in the judgment of such Commissioner of Roads and Revenues of Clayton County may be deemed advisable. Appropriation by Commissioner for work. Section 6. Immediately upon the approval of this Act the Commissioner of Roads and Revenues for Clayton County shall elect the members to comprise said Planning Commission, being four (4) in all, (together with the chairman of said board as ex officio clerk of said commission) and in electing them they shall designate that the terms of two of said members shall expire on January 1, 1949. As the terms of said members of said Planning Commission expire their successors shall be elected for a term of four (4) years. Election of members by Commissioner. Terms. Section 7. Said Planning Commission shall prepare and submit to the Commissioner of Roads and Revenues for Clayton County a comprehensive plan for zoning said county by districts or otherwise, for the purpose of suggestion the proper location of streets, apartment houses, dwellings and other uses of property or land, the height of buildings, the area of the lot to be occupied, the provision of yard space and the fixing of building lines. It is not intended by provision to vest in this Planning Commission, or for that matter, in the Commissioner of Roads and Revenues, authority to forthwith adopt a planning or zoning resolution. Said Commissioner of Roads and Revenues of Clayton County may, however, receive from said Planning Commission a comprehensive plan for zoning and then proceed to adopt the same as hereinafter provided. Zoning plan. Section 8. Upon receipt of the comprehensive plan herein mentioned from said County Planning Commission the Commissioner of Roads and Revenues of Clayton County, Georgia, may accept or reject the report; they may adopt an entirely new plan or they may adopt the plan of the said

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Planning Commission in modified form. Before proceeding to the consideration of such an adoption, however, the county authorities shall advertise once a week for four weeks in a newspaper published in said county the fact that on a given date they will proceed with the consideration of the plan offered by the Planning Commission, so that the public may be informed of the Planning Commission, action contemplated by the said county authorities. On the day named in the notice they shall proceed to the adoption of said plan (in Modified form if they so desire) or some other plan of their own and may continue the hearing from day to day or to any named day until they take final action on the same. Commissioner's action on plan. Advertisement. Public hearing. Section 9. After the adoption of said comprehensive plan or zoning resolution herein provided for, the same may be modified, amended and designated areas therein changed in the following manner: Said Planning Commission may submit to the county authorities of Clayton County, Georgia, any recommendation as to change. Said commission upon receipt of such a suggestion or report shall set a time (day and hour) for the hearing of said proposed change and give notice to the public thereof by publishing notices in the newspaper in said county in which the sheriff's advertisements are published once a week for at least three weeks. On the day and hour appointed the Commissioner of Roads and Revenues of Clayton County shall proceed to hear and determine the recommendation of said Planning Commission in this regard and dispose of the same. They have the right to continue the hearing from day to day or to any named day as in their discretion they may deem it advisable. Said Commissioner of Roads and Revenues of Clayton County, Georgia, may on their own motion (without recommendation from the Planning Commission) proceed to modify or amend such zoning planning resolution as may have been established and make such modifications or amendments as they may see fit, provided they proceed first by passing a formal resolution that they will on a certain day named proceed to consider such amendment, modification or change and give notice thereof in the same manner as provided herein, for other notices. Change of plan after adoption. Procedure. Section 10. The County Planning Commission shall adopt

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

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reside in or use such buildings, the public, quasipublic, or private nature of the use of the premises of land, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare of the community. Commissioner's authority as to districting or zoning outside of incorporated areas; businesses, houses, use of property, building regulations, etc. Zones or districts. Section 12. For the reason herein stated said county authorities shall have the right and power in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the county and the residents thereof. Residence purposes; classes of residents. Section 13. No resolution adopting zoning regulations as above authorized shall be passed by the Commissioner of Roads and Revenues of Clayton County, Georgia, until after a comprehensive plan for the zoning of the county has been prepared and submitted to the Commissioner of Roads and Revenues of Clayton County by the Planning Commission; and the same may be adopted, modified or repealed, provided notice is given thereof in the same manner as provided for modifications and changes as in this Act set out. No zoning regulations till after Planning Commission submits plan. Section 14. The zoning regulations here authorized and adopted by said county authorities shall be administered by an inspector of buildings and/or some other designated official under the rules and regulations of the Board of Zoning Appeals. Inspector of buildings; administering regulations. Section 15. The Commissioner of Roads and Revenues for Clayton County is authorized to create a Board of Zoning Appeals which said Board shall hear and decide appeals from, and review any order, requirement or determination made by, the inspector of buildings in the enforcement of these regulations may be delegated. The Board of Zoning Appeals in its administration of said regulations may permit in exception to the regulations for hearing on petitions for such exceptions to the said regulations and grant or reject the same as in their judgment may seem best. Board of Zoning Appeals. Section 16. The Board of Zoning Appeals here authorized shall consist of any number of citizens (not exceeding four

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(4)) appointed by the Commissioner of Roads and Revenues of Clayton County, Georgia, in the same manner and at the same time as the Planning Commission may be appointed. Said Commissioner of Roads and Revenues if he sees fit may declare that the Planning Commission may exercise all the functions of the Board of Zoning Appeals and if they so determine such Board of Zoning Appeals will be the same as the Planning Commission until such time as the Commissioner of Roads and Revenues of Clayton County may see fit to change the same and appoint a separate personnel for said purpose. Members, appointment. When Planning Commission may act as appeal board. Section 17. Subdivision. Be it further enacted by the authority aforesaid, that, before any street or road is opened or any existing street or road is extended or before any new subdivision for residence, business or industrial use is made, the person or persons, proposing to open such streets or roads or such new subdivisions, shall submit a detailed plan of the same, with blue prints and other necessary data, to the Planning Commission having jurisdiction hereunder. It shall be the duty of such Planning Commission to carefully examine such plans and specifications with regard to their nature and purpose, the width, character and location of such streets, alleys and roads in such subdivisions and the size, material, location, grades, and manner of laying water mains and sewer lines, and then transmit such applications, with all plans and data, to the Commissioner of Roads and Revenues, with its recommendations thereon in writing. The jurisdiction of such Planning Commission and the said Commissioner. Before any such streets, alleys and roads or subdivisions shall be laid out as aforesaid, they shall be required to have the approval of the said Commissioner of Roads and Revenues in accordance herewith. Plats of a copy of all approved subdivisions shall be kept on file in said Commissioner's office for inspection by the general public. Opening or changing street, road or subdivision. Procedure. Section 17A. (Building Permits) The Commissioner of Roads and Revenues is hereby authorized to require a use or building permit to be issued by his office before any new construction work is started. The application for such permits to be filed in his office and upon receipt of such application the same shall be forwarded to the Planning Commission

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for their recommendation, provided however if said within 10 days after the receipt of said application by them, then in that event the said Commissioner shall have the right to act for them and grant the further right to require a reasonable fee to be charged for the issuance of said permits, said fees to be used to help defray the expenses carrying out the provisions of this act. It is further provided that no permit shall be required for the repair of any homes or businesses now in existence, or for the construction of barns or other farm buildings used solely for agricultural purpose located adjacent to an existing farm house owned by the person so building, except all building lines shall be observed as provided by the rules and regulations of the Planning Commission. Use or building permits; when necessary; fee. Section 18. Every decision of the Board of Zoning Appeals in the administration of the authority hereinabove set out and in the administration of zoning regulations of said county shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Certiorari. Section 19. Be it further enacted that no person firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of this Act, or violating any regulations of any county authority made in pursuance of this Act, shall be guilty of a misdemeanor and upon conviction, shall be subject to fine or imprisonment or both, as provided by law, in misdemeanor cases. Violations, punishment. Section 20. Be it further enacted by the authority aforesaid that every violation of the terms of this act by any person, firm or corporation or a violation by such parties of the rules and regulations prescribed by the county authorities in pursuance with this Act shall be termed a nuisance so long as such violation may be continued and such violation may be subject to abatement as a nuisance as provided by the laws of this state. Nuisances, abatement. Section 21. Be it further enacted by the authority aforesaid that authority herein given to the county authorities under the terms and conditions of this Act may be enforced by the county, or proper county authority, by injunction or otherwise. This authority is cumulative and is not to be construed as curtailing the right of any person,

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firm or corporation, resident, property owner or other persons, of bringing any proper action for the enforcement of this Act or of such rules and regulations as may be regulations by county authorities in pursuance of this Act. Enforcement of Act. Section 22. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. If part unconstitutional. Section 23. The rules and regulations adopted by the Planning Commission here authorized, or the governing authorities of Clayton County, shall have the force and effect of law; and said Planning Commission and said governing authorities being hereby clothed with all of the authority which the General Assembly can grant to such authorities and such Planning Commission under the State of Georgia. Force and effect of rules and regulations. Authority of Commission, etc. Section 24. This Act shall take effect upon its approval. Date effective. Section 25. Be it further enacted that all the laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1947. DALTONBOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS. No. 326 (House Bill No. 165). An Act To amend an Act approved February 24, 1874, entitled `An Act to consolidate, amend, and codify the various Acts incorporating the City of Dalton, in the County of Whitfield, and various Acts amendatory thereof so as to provide for the management and control of the public utilities of said city: to give said city the right and power

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to own, control and operate various public utilities when the convenience and necessity of the citizens of the city are affected: to give said city the right and power to condemn property, to exercise the right of eminent domain over property used for public purposes when the convenience and necessity of its citizens require the exercise of such power, with the right to condemn property already used for public purposes in the City of Dalton, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, an Act approved February 24, 1874, An Act to consolidate, amend, and codify the various acts incorporating the City of Dalton in Whitfield County, and various acts amendatory thereof, be and the same is hereby amended so as to provide that: The Board of Water, Light and Sinking Fund Commissioners of said City shall from and after the passage of this Act, have entire control of all public utilities of the City of Dalton, and that such control shall extend into the newly annexed area of said City. Said Board shall have authority of extending the services of said utilities beyond the City limits of the City of Dalton when in their judgment it is to the best interest of the City to do so. Act of 1874 and amendatory acts amended. Powers of Board of Water, Light and Sinking Fund Commissioners. Section 2. Power of Eminent Domain. Be it further enacted by the authority aforesaid that from and after the passage of this Act that the City of Dalton shall have the right and power to condemn lands, right of way for sewerage, easements or rights to use of streams for sewerage, or property of any kind, whether or not the same is already in use for the purpose, with the right to condemn property already used for public purposes in the City of Dalton, for any public purpose authorized under the Charter of the City of Dalton, within or without the City, using the method of procedure provided under the General Laws of the State of Georgia; and said City of Dalton is hereby vested with the power of Eminent Domain over both private property and property already used for the public purposes. It is further provided that when the Board of Water, Light and Sinking Fund Commissioners shall deem it necessary to the proper

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management and control of the Public utilities of the City of Dalton that they may exercise said power of Eminent Domain in the name of the City of Dalton. Eminent domain. Section 3. Be it further enacted by the authority aforesaid that the Board of Water, Light and Sinking Fund Commissioners shall have the power to control and operate any and all public utilities that the convenience and necessity of the Citizens of the City of Dalton require, and have the right and power to take over and operate any such public utilities within the City of Dalton when the convenience and necessity of the Citizens of the City are affected. Board authorized to control and operate any and all public utilities. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act are repealed, except that this act is merely cumulative of other acts with reference to the powers, and duties of said Board and does not in any way effect any power or duty that said Board now has under the Charter of the City of Dalton. Act cumulative. Approved March 28, 1947. VOTING MACHINES AND ELECTIONS IN CERTAIN COUNTIES. No. 327 (House Bill No. 286). An Act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in any and all counties in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future Census, by direct action of the county commissioners or other governing authority of any county having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future Census, or by referendum; to prescribe regulations with reference to the adoption, requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines: to provide rules and regulations for the conduct of elections held

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with voting machines; to prescribe the qualifications, number and duties of election officers in election districts or precincts in which voting machines may be used; to provide for the experimental use of voting machines; to place additional duties upon county commissioners or other governing authority of counties having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future Census, and others; to provide 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; to provide for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; to provide 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 not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future Census, whether regular, special, or other elections held under or by authority of any county in this State having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future Census, or any election held for the purpose of determining 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. Counties affected by Act. Voting machines authorized. Section 2. Be it further enacted by the authority aforesaid, that the county commissioners or other governing authority of any county in the State of Georgia having a population of not less than 100,000 inhabitants and not more

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than 300,000 inhabitants according to the United States Census of 1940 or any future 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 machine 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 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 not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future 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, as such county commissioners or other governing authority shall direct. How governing authorities may put into effect. Section 3. Be it further enacted by the authority aforesaid, that the county commissioners or other governing authority of any county in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future 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.....?. May submit question to voters. (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 1% of the qualified electors of any county in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940 or any future Census, and addressed to the county commissioners or other governing authority of any such county, the latter shall, at the next regular election

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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.....?. Petition for submittal of question. (c) The county commissioners or other governing authority 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. Ballots. (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 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 questions and shall make returns thereof to the proper officials of such county for which said election may be held, as required by law. Election on question. 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 or other governing authority of the county in which said vote shall have 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 or other governing authority of the county may provide in each election district or precinct in which voting machines are to be used one voting machine for each five hundred registered voters, or fraction thereof, therein, and shall provide one voting machine for each six hundred registered voters, or fraction thereof, therein. Procedure after election. Installation of machines. How many. 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

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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 the 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 votes 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 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 devices 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 ballot-labels, up to the time he begins or indicates or expresses his intention to register his vote the final operation 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

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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 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 of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. General requirements as to machines. 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

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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 at election. Section 7. Be it further enacted by the authority aforesaid that the county commissioners or other governing authority of any county in the State of Georgia having a population of not less than 100,000 inhabitants, and not more than 300,000 inhabitants according to the United States Census of 1940, or any future 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 may be issued with or without interest, payable at such time or times as the local authorities may determine, subject to constitutional limitations. Provision for payment; leases, bond, etc. Section 8. Be it further enacted by the authority aforesaid, that for any election in any county in this State having a population of not less than 100,000 inhabitants, and not more than 300,000 inhabitants according to the United States Census of 1940 or any future 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 or districts may be created shall be made under the following provisions: Election precincts, districts, or wards. Provisions for. (a) The Ordinaries of the respective counties shall of their own motion, or upon petition redivide wards or other geographical subdivisions 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

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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 Section 23-204, 23-205, 23-206, and Section 23-701, subsection 4, Code of 1933. (b) Petitions may be presented to the Ordinary to redivide wards or other geographical subdivisions of cities and/or of incorporated towns or villages into election districts, or to consolidate election districts, by ten or more qualified voters of the districts involved. Such petitions may specify the boundaries desired by the petitioners. (c) Upon the redivision of any ward or other geographical subdivision of a city and/or incorporated town or village into election districts, and upon the consolidation of election districts under the provisions of this section, the said Ordinary shall appoint the necessary election officers and fix the places for holding the first election thereafter in said new districts or precincts. Section 9. Be it further enacted by the authority aforesaid, that the local authorities adopting a voting machine or voting machines shall, as soon as practicable thereafter, provide for each voting or polling place one or more voting machines according to the necessity therefor, 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 place when not in use at an election. Machine for each voting place. 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,

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in any position that will permit one to see or ascertain how a voter votes, or how he has voted. 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, 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 signatures of the election managers, or except upon the written order of the local authorities for good and sufficient reason which shall be stated in the order; the Ordinary of the county shall appoint not more than one custodian for every twenty machines, but in no case to be less than one custodian to each county holding the election, and to receive such compensation as such local authorities prescribe. Placing, operation, and custody. Acts prohibited. Section 11. Be it further enacted by the authority aforesaid, that during the thirty days next preceding an election, 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 questions to be voted upon, the names and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines 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 prepared 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. Public exhibition and instruction. 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

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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 34-1905, as amended, of the Code of Georgia of 1933. When voter may be assisted in use. Section 13. Be it enacted by the authority aforesaid, further, that in any election district or precinct in which voting machines may have been adopted 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 Chapter 34-33, as amended of the Code of Georgia of 1933. Absent voters. Section 14. Be it further enacted by the authority aforesaid, that in any election district or precinct of every county in which voting machines may have been adopted the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement 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, 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 arrangement of ballots at such election, and sufficient copies of same shall be furnished by him to the election managers of the respective voting or polling

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places, as may be necessary, at the cost of the county. Ballot-labels. 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: Other supplies at polling places. (a) A lantern, or a proper substitute for same, 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. (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 diagram 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 any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and 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

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with the 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 the election managers shall meet in the said room at least one half hour 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 the 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 after provision shall have been made for the use of written or printed ballots, the election shall proceed. The machine or machines so used in such election shall not thereafter be operated except by electors in voting. Other provisions as to ballot-labels, machines, and elections. (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; provided, that if the time set by law for the opening of the polls on the day of election there is no such official present to hold the election, any three freeholders of the election precinct or district may superintend the election and hold and conduct the same, and shall administer the oath required to each other, which shall be of the same effect as if taken by a qualified officer; provided, that nothing herein contained

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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 can not read and write shall not be competent to serve as managers of election. The oath to be taken by such election managers or by freeholders acting in their stead as above provided for and the form thereof and before whom to be taken shall be as prescribed in Sections 34-1202 and 34-1203 of the 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. 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 the Code of 1933 of Georgia. All clerks may be dispensed with by the managers of elections in voting machine districts and precincts. Election officers. Duties; election procedure. 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 members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving

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full view of the registering counters and one of said election managers announcing in distinct tones the votes cast for each candidate and for and against the various constitutional amendments, questions or other propositions. Procedure after election. 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 Write-in 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 office 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 and 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 elections. 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 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. Ascertaining and announcing votes. Certificates as to results. Later procedure. Section 20. Be it further enacted by the authority aforesaid,

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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 other 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 such or all candidates or offices or on such or all constitutional amendments, questions or propositions conducted by paper ballots at such precincts or districts. In such cases, ballots shall be printed for such or all candidates or offices, or for such or all 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 or all constitutional amendments, questions or propositions, in so far as paper ballots are used. When machines are impracticable. Ballots. 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 promptly deliver to the Ordinary or his duly authorized representatives the keys of the machine or machines enclosed in a sealed envelope. Keys of machines after election. 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 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 count of the votes cast at any election, the local authorities shall have the machine or machines removed to the place of storage provided for in this section. Custody and storage. Section 23. Be it further enacted by the authority aforesaid,

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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: Official ballot, and other terms in Act. defined. 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; 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 devices 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 the votes 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 on 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 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 or other elections held under or by the authority of any county in the State of Georgia having a population of not less than 100,000 inhabitants and not more than 300,000 inhabitants according to the United States Census of 1940

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or any future 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. Violations of Act. Punishment. Section 25. Be it further enacted by the authority aforesaid, that except as modified by the provisions of this Act, the general laws regulating general, regular, special, and other elections, where not inconsistent with this Act, shall apply to all such elections, held in counties adopting voting 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, in which an election is to be conducted by the use of such machine or machines. Application of other laws. Conflicts. 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 the Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not been included herein. If part of Act unconstitutional. Section 27. Be it further enacted by the authority aforesaid, that all laws or parts of laws, in conflict with the provisions

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of this Act, are hereby repealed, so far as the conduct of elections in political subdivisions adopting voting machines is concerned. Approved March 28, 1947. COOK COUNTY COMMISSIONERSAMENDMENTSREFERENDUM. No. 328 (House Bill No. 290). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Cook, consisting of three (3) members; to define their qualifications, powers and duties, and to provide for their compensation; to prescribe their terms of office, the manner of their election, and the manner in which vacancies shall be filled; to prescribe the manner in which the public roads in said county shall be graded and worked; to provide for a superintendent of roads and bridges in said county; to define his qualifications, powers and duties and provide for his compensation; to provide for a repair gang to repair the public roads of said county; to provide for competitive bids in the purchase of supplies for said county and in making contracts for work and to provide a penalty for failure to comply therewith; to provide for a clerk for said board, prescribe his powers and duties and provide for his compensation; to provide when this Act shall become effective, and for other purposes, approved August 12, 1919, by striking from the caption the words and figures three (3) in the third line thereof and inserting in lieu thereof the word seven (7), and by further amending said caption by adding after the word compensation and before the word to in the 17th line the following: to provide for a county manager of said county and to prescribe his duties, compensation and term of office so that said caption as amended shall read as follows: To Be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Cook, consisting of seven (7) members; to define their

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qualifications, powers and duties, and to provide for their compensation; to prescribe their terms of office, the manner of their election, and the manner in which vacancies shall be filled; to prescribe the manner in which the public roads in said county shall be graded and worked; to provide for a superintendent of roads and bridges in said county; to define his qualifications, powers and duties and provide for his compensation; to provide for a repair gang to repair the public roads of said county; to provide for competitive bids in the purchase of supplies for said county and in making contracts for work and to provide a penalty for failure to comply therewith; to provide for a clerk for said board, prescribe his powers and duties and provide for his compensation; to provide for a county manager of said county and to prescribe his duties, compensation and term of office; to provide when this Act shall become effective; and for other purposes. Caption, act of 1919, amended. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section I. That Section I be stricken in its entirety, and a new Section I be enacted to read as follows: Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues in and for the County of Cook be, and the same is hereby created consisting of seven (7) members who shall be freeholders and qualified voters of said county and men of practical business experience, each of said commissioners to be elected by the voters of their respective militia districts. New sec. I. Board of Commissioners. Members. Section II. To further amend said Act by striking in its entirety, Section II thereof and inserting in lieu thereof a new Section to be known as Section II and to read as follows, to wit: Sec. II. Section II. Be it further enacted that said Commissioners shall be elected by the voters of each of their respective militia districts at the next general election to be held in said county for county officers. All voters of said respective districts of said county qualified to vote for members of the General Assembly shall be qualified to

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vote in said election, and the Ordinary of said county shall consolidate the results of such election and declare the results as herein provided, and the persons elected shall take office at the same time and in the same manner as other county officers and shall hold their offices until their successors are elected and qualified. The term of office of each of said commissioners shall be for four years and until their successors are elected and qualified. Election of Commissioners. Terms. Section III. To further amend said Act by inserting after the word person and before the word by in the 5th line of Section 4 thereof, the words from the military district in which the vacancy occurs so that said Section 4 as amended will read as follows: Sec. 4. Section IV. Be it further enacted, that all vacancies in membership of said Board of Commissioners of Roads and Revenues occuring in less than six months of the expiration of such term of office shall be filled by appointment of a duly qualified person from the military district in which the vacancy occurs by the Ordinary of said county and such appointee shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified; that all vacancies occurring in the membership of such board more than six months before the expiration of the term of office, shall be filled by special election in said county, called by the Ordinary of said county in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified. Vacancies. Section IV. To further amend said Act by striking the word three after the word the and before the word person in the 6th line of Section 5, and inserting in lieu thereof the word seven and by inserting after the word votes and before the word in appearing in the 7th line of said Section 5 the words for commissioner in each militia district so that said Section 5 as amended shall read as follows: Sec. 5. Section 5. Be it further enacted, that the returns of all the elections, both general and special, held under this

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Act shall be made to the Ordinary of said County of Cook at noon on the day following the election, at the court-house of said county. Said Ordinary shall thereupon consolidate the returns of said elections and declare the seven persons receiving the highest number of votes for commissioner in each militia district in said county the duly elected members of said Board of Commissioners of Roads and Revenues in and for the County of Cook, and shall certify the results of said election to the Governor of this State, giving the names of the person or persons so elected and stating the term for which each of said commissioners has been elected. Declaration of results of election, certification. Section V. To further amend Section 7 of said Act by adding at the end thereof the following: Sec. 7. The said Board of Commissioners of Roads and Revenues shall have the power and authority to elect a county manager for said county whose duties shall be such as prescribed by the Board of Commissioners of Roads and Revenues to whom he shall be directly subject and responsible. Said manager shall hold office for such time as the Board of Commissioners of Roads and Revenues may determine and shall receive such compensation for his services as may be provided by said Board of Commissioners. County Manager. Section VI. To further amend Section 20 of said Act by striking the words on the first day of January, 1919, appearing in the third and fourth lines of said Section and by striking the word was in the third line of said Section, and inserting in lieu thereof the word is, so that said Section as amended shall read as follows: Sec. 20. Section 20. Be it further enacted that no person shall be eligible to be a member of said Board of Commissioners unless such person is a bona fide resident of said county or shall have resided in said county for two years immediately preceding the date of his election, and meets the other requirements heretofore specified. No member of said board shall be eligible to hold any other county office while a member of such board. Qualifications of member of Board. Section VII. To further amend said Act by striking therefrom Section 21 and inserting in lieu thereof a new Section 21 to be known as Section 21 and to read as follows, to wit: Sec 21.

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Section 21. Be it further enacted that the provisions of this Act shall not be operative and effective until January 1, 1949, provided however, that the terms of Commissioners whose terms of office do not expire until January 1, 1951, shall not be affected by this Act, but they shall continue to hold their offices until January 1, 1951. Date effective. Section VIII. To further amend Section 17 of said Act by striking therefrom the word and figures three ($3.00) dollars in the third line of Section 17 and by inserting in lieu thereof the word and figures five ($5.00) dollars, so that said Section when so amended shall read as follows, to wit: Sec. 17. Section 17. Be it further enacted, that the members of said Board of Commissioners of Roads and Revenues shall each receive the sum of five ($5.00) dollars per day for each day's services actually rendered said county as such commissioners, and in addition thereto, actual expenses incurred by such member or members, when authorized by the whole board, and in a matter which is necessary for the business of said county. It shall be the duty of each member of said board to file an itemized statement at each monthly session of said board, showing the number of days' services rendered by him since the last regular meeting and any actual expenses incurred, which shall be filed and recorded by the clerk of said board as other bills are recorded. Said amounts shall be paid from the county treasury monthly, and warrants drawn on the treasurer or county depository therefor as other warrants are drawn on said county, and shall be paid out of the road and bridge fund of said county. Compensation of Commissioners. Section IX. To further amend said Act by adding a new Section to be known as Section 22, and to read as follows: New sec. 22. Section 22. The within Act shall not become effective until submitted to the qualified voters of the county of Cook and ratified by said voters at the general election to be held in 1948. Referendum. Section X. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1947.

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DEKALB COUNTY CIVIL COURTAMENDMENTS. No. 329 (House Bill No. 310). An Act to amend an Act approved August 20, 1913 (Acts 1913, Page 145), creating the Municipal Court of Atlanta; and an Act Amendatory thereto approved August 15, 1927 (Acts 1927, Page 383); and an Act Amendatory thereto approved March 17, 1937 (Act 1937, Page 1143); and an Act Amendatory thereto approved February 23, 1939 (Acts 1939, Page 449); to provide for jurisdiction as to subject matter; to provide for the costs to be charged and collected in said Court; to provide for the jurors and their pay; to provide for jury and nonjury terms of said court; to provide for method and manner of appeal of cases; to provide for the giving of bond by the Clerk and Marshal of said Court; and for other purposes. Section 1. Be it enacted by the authority aforesaid that from and after the passage of this act, Section 4 of the Acts of March 17, 1937 (Acts 1937, Page 1143), which amended Section 9 of the Acts approved August 15, 1927 (Acts 1927, Page 383), be amended by striking the same and inserting in lieu thereof as Section 4 the following: Sec. 4, act of 1937, amended. Sec. 4. The Civil Court of DeKalb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia, and in addition thereto, shall have jurisdiction to try and dispose of all civil cases of whatever nature, except injuries to the person or the reputation, concurrent with the justice of the peace courts and superior courts, including not only such suits as are commenced by petition and process, or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior courts of this state or justice courts, either under the common law or by statute, including among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens and mortgages on personal property, possessory warrants,

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and other like proceedings and processes wherein the principal sum sworn to, sued for, does not exceed $1000.00, and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are now defined in Chapter 64-1, 64-2, and 64-3 of the Code of 1933; and the practice and procedure shall be and remain the same as now in vogue in the Justice Courts in the State of Georgia, except as provided in the Acts of 1913 and all amendatory acts thereafter, including this act; but the territorial jurisdiction of said Court shall remain the same as provided in the Acts of 1913, Pages 145-177, Section 4 and as amended by Acts of 1931, Pages 268-270, Section 2. Jurisdiction. Section 2. Be it enacted by the authority aforesaid that from and after the passage of this Act that Section 9 of an Act of 1913 creating the Civil Court of DeKalb County, as amended by Section 9 (b) of an Act approved August 15, 1927 (Ga. Laws 1927, Page 383), be and the said Section 9(b) is hereby repealed and the following is substituted therefor: Sec. 9(b), act of 1927, amended. Sec. 9 (b). Be it further enacted by the authority aforesaid that from and after the passage of this Act, the party plaintiff when filing such suit or other proceedings in the Civil Court of DeKalb County will be required to make a deposit of two dollars to said Court as costs of suit, except dispossessory warrants, distress warrants and attachment proceedings upon the filing of which in said court, a deposit of five dollars for each such proceeding shall be made; provided, however, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his poverty he is unable to pay the same; and provided further that if the party making such deposit finally prevails in such proceeding the amount of said deposit shall be taxed as part of the costs against the losing party, and, if recovered, shall be refunded to the party so depositing the same after all costs have been paid. Court costs shall be charged and collected by said Court as follows: Costs; amount and deposit. Filing and docketing each suit, when amount involved is $100.00 or less, $2.00; where amount involved is over

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$100.00, $3.00; for copying each suit for service (where plaintiff furnishes no copy), per hundred words, 20c; for issuing each summons, garnishment, attachment, and copy suit after first copy, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00 Costs of $1.00; for entering up each judgment for $100.00 or less, 65c; on suits involving more than $100.00, 75c; for issuing each fi. fa. where amount involved is less than $100.00, 50c; where amount involved is over $100.00, 75c; for each order entered on motion for new trial where amount involved is less than $100.00, 50c; where amount involved is more than $100.00, 75c; answering a writ of certiorari to Superior Court, $4.00; for serving each suit summons, attachment, or garnishment where amount involved is $100.00 or less, $2.00, which shall include return of said service; where amount involved is over $100.00, $3.00, which shall include return of said service; for serving each witness, 50c; for levying each fi. fa. and advertisement, where amount involved is $100.00 or less, 50c; where amount involved is over $100.00, $2.25; for each search and return of nulla bona, 75c; for each arrest in bail trover case, where amount involved is $100.00 or less, $3.00; where amount involved is over $100.00, $5.00; for filing, docketing, and serving each dispossessory warrant, $5.00; for filing, docketing and serving each distress warrant, $5.00; for summoning jury for each jury trial, $1.50; taking bond in civil cases, $2.00; taking bond in criminal cases, $2.00; attending jury trial, $2.00; for filing and docketing each answer, plea, cross-bill, amendment, demurrer or other defensive pleading, 75c for each. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed, or which may hereafter be fixed, by law for the Civil Court of Fulton County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Civil Court of Fulton County. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that it shall be the duty of the Judge of said court to prepare and

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file in his office from the lists of traverse jurors of the Superior Court of DeKalb County, as provided from time to time from such court, a list of the traverse jurors appearing thereon who are residents of the County of DeKalb, but who live within the city limits of Atlanta, only. From the list so made jurors for said court shall be drawn in the following manner: The court shall write upon separate tickets the name of each juror, and shall number the same and place the same in a box to be prepared for that purpose, and from which he shall draw fourteen jurors in the manner as required by law in superior courts for said court trying jury business. All laws with reference to the selection of traverse and tales jurors in the superior courts, not inconsistent with the provisions of this Act, shall apply to the Civil Court of DeKalb County. The jurors so drawn shall be summoned by the marshal of said court or other lawful officer, at least five days before the court at which they are called to serve. From the fourteen jurors drawn and summoned, as above provided, there shall be empanelled in all cases to be tried by a jury in said court a jury of nine, and in each case each side shall have two strikes, and the five remaining shall constitute a jury for the trial of such case. If there should be any deficiency of jurors to make a panel of nine from cause or absence, the marshal, by direction of the court, shall complete the jury by talesmen to nine. Each juror shall receive two dollars per day while serving as a juror in said court, the same to be paid by DeKalb County under the rule governing the payment of superior court jurors. All laws of force with reference to the qualifications, oaths, exemptions, and fining of jurors in the superior courts of this State, shall, when not inconsistent with the provisions of this Act, apply to and be observed in said Civil Court of DeKalb County. Jurors. (a) Said court shall assess as costs in each jury case, where said case is actually tried before a jury, the further sum of $2.50 as a jury fee, which sum shall be paid over to the Commissioner of Roads and Revenues of DeKalb County, after said fee is collected by said court out of parties litigant. Jury fee. (b) The Judge of said Court shall hold monthly terms of court beginning on the first Monday in each month, which

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term shall run from said date through the last Saturday in such month, except jury terms of contested cases, which jury terms shall only be held every other month, the first of such jury terms to begin on the first Monday in May, 1947, and to continue every other month thereafter. However, if there are not sufficient contested jury cases for such jury terms, the Judge of said Court shall not be prohibited from setting up a non-jury calendar during such jury term, provided he gives priority to any and all contested cases wherein jury trial has been demanded; nor shall such judge be prohibited from holding a non-jury calendar during such jury term except that such non-jury calendar shall in no way interfere with or lessen the number of contested jury cases. Terms of Court. Section 4. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that from and after the passage of this act, Sections 3(b) (c) of an Act approved March 17, 1937 (Georgia Laws 1937, Pages 1143-1147), be and the same are hereby repealed and the following is substituted therefor: Sec. 3(b) (c), act of 1937, repealed. New section. Sec. 3. Be it further enacted by the authority aforesaid that from and after the passage of this Act, in all cases tried in said court before the judge without the intervention of a jury, where the amount involved does not exceed $300.00, exclusive of interest, attorney's fees, and costs, either party being dissatisfied with the judgment, therein, may make an oral or written motion for a new trial then and there, which may be heard by the Judge presiding instanter, or at a subsequent date to be fixed by the Judge, and no brief of evidence shall be necessary to hear and determine said motion. Should the court grant said motion upon any ground, there shall be no appeal from the first grant of a new trial, and the case shall stand for new trial de novo. Where amount involved does not exceed $300. Motion for new trial. Hearing. No appeal from grant; trial de novo. (b) Upon the rendition of a verdict by a jury in said court, where the amount involved does not exceed $300.00, exclusive of interest, attorney's fees, and costs, either party to said cause or his counsel, may make an oral or written motion then and there for a new trial in said court, and said motion may be heard instanter, or at some

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future time as the court in its discretion may set for the hearing of said motion, and no brief of evidence shall be necessary to hear and determine said motion. Should the court grant said motion upon any ground, there shall be no appeal from the first grant of a new trial, and the case shall stand for new trial de novo. Procedure. (c) Should the judge decline to grant a new trial on said motion, he shall prepare an order to that effect; then the movant or complaining party may appeal to the Superior Court of DeKalb County for writ of certiorari, and said judgment may be reviewed. Certiorari. (d) Upon the rendition of a verdict by a jury in said court, or on the rendition of a judgment by the judge in said court, sitting without a jury, where the amount involved exceeds Three Hundred Dollars ($300.00), exclusive of interest, attorney's fees, and costs, either party to said cause or his counsel, shall make and file a written motion in said court, within ten days from the date of the ruling complained of, which written motion shall follow the same practice and procedure as that now used in the Superior Courts of this State, except this section shall not be interpreted or construed so as to deny any complaining party the right of certiorari to the Superior Court of DeKalb County, the provision in this section being cumulative and in addition to the writ of certiorari to the Superior Court of DeKalb County. Where amount exceeds $300. Motion for new trial. (e) New trials may be granted in the Civil Court of DeKalb County, on the same grounds upon which new trials may be granted in the Superior Courts of this State. Grounds. (f) In all cases wherein the amount involved, exclusive of interest, attorney's fees, and costs, exceeds $300.00, the order overruling or refusing the motion for a new trial, or the final order of judgment of the trial court, as the case may be, shall be subject to review by bill of exceptions to the Court of Appeals or the Supreme Court, in the same manner judgments and orders of the Superior Courts are now reviewed, and in such cases the trial judge shall have the same powers and duties respecting supersedeas as the judges of the Superior Courts now have, except that the bill of exceptions shall be presented to the

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trial judge within fifteen (15) days from the date of the ruling complained of, and filed and docketed with the Judge or the Clerk of Civil Court of DeKalb County. Bill of exceptions to Supreme Court or Court of Appeals. Supersedeas. (g) Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that should the provisions of Section 3 (b), (c), (d), (e), (f), and (g) of the amendment be held unconstitutional for any reason, it shall not affect the provisions of the other sections of this act; and in such an event, the provisions of this act providing for the review of the judgments, orders, and rulings of the trial judge by bills of exception to the Court of Appeals or the Supreme Court, shall be cumulative and in addition to the right of certiorari. If designated parts of Act unconstitutional. Section 5. Be it enacted by the authority aforesaid that from and after the passage of this Act, Section 5 of an Act approved August 15, 1927 (Georgia Laws 1927, Page 383), be and the same is hereby repealed and the following is substituted therefor: Sec. 5, act of 1927, repealed. Sec. 5. Be it further enacted by the authority aforesaid that the judge of the Civil Court of DeKalb County may in his discretion appoint a clerk, and said clerk to hold office during the pleasure of said judge, and said clerk is to be compensated by said judge. Said clerk shall have authority to file all papers, suits, etc., sign all summonses, warrants, and executions, and make all necessary records and entries on the docket, and to perform such duties as may be described in the rules promulgated by said judge, not inconsistent with law. Said clerk shall give bond to be approved by the judge to the commissioner of DeKalb County in the sum of $1000.00 for the faithful performance of his duties as clerk. New section. Clerk. Duties. Bond. Section 6. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the marshal of said court and each deputy of said court shall give bond to be approved by the judge payable to the commissioner of DeKalb County in the sum of $1,000.00 for the faithful performance of their duty as marshal of said court. Bond of Marshal and Deputies. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same,

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that from and after the passage of this Act that all actions in said Court shall be commenced by summonses as now provided for in justice of the peace courts. Each action shall be filed and summonses issued thereon not less than twelve days prior to the first day of the particular term to which the same is brought; and summons thereon shall be served not less than eight days prior to the first day of the term to which said action is brought; provided that service effected too late for a particular term shall be good for the next succeeding term. Summonses; service. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, should any court of this state declare any section or clause of this act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this act. If part of act unconstitutional. Section 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 28, 1947. BAXLEY CHARTER AMENDMENTMAYOR, TERM OF OFFICE. No. 330 (House Bill No. 319). An Act to amend an Act creating a new charter for City of Baxley, adopted at 1911 session of General Assembly, Georgia Laws 1911, pages 700-728, so as to provide that the mayor of City of Baxley shall serve for a term of two years. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that Section 3 of an Act adopted at 1911 session of General Assembly of Georgia creating a new charter for City of Baxley (Georgia Laws 1911, pages 700-728), be and the same is hereby amended by adding at the end of said section the following: Sec. 3, act of 1911, amended.

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Commencing with the mayor of city of Baxley elected for a term beginning on the 1st Monday in January, 1948 the term of office of mayor shall be for two years, so that the mayor shall serve for a term of two years instead of one year, and the election for mayor shall be biennially, instead of annually, at time of election of other city officers. Term of office of Mayor. Section 2. Be it further enacted that all laws and parts of laws in conflict with the above be and the same are hereby repealed. Approved March 28, 1947. UNION COUNTYTAX DIRECTOR. No. 331 (House Bill No. 344). An Act to abolish the offices of Tax Collector and Tax Receiver in Union County, Georgia; to create the office of Tax Director effective January 1, 1949; to provide for the election of a Tax Director and his term of office; to prescribe his duties, fix his salary, make provision for filling a vacancy in 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 authority of the same, that effective January 1, 1949, the offices of Tax Collector and Tax Receiver of Union County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Officers of Tax Collector and Tax Receiver abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of Tax Director of Union County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the Tax Director of Union County, Georgia, shall be the same as the rights, duties, and liabilities of the Tax Collector and Tax Receiver as they now exist, except as hereinafter provided for and fixed. Tax Director. Section 3. Be it further enacted by the authority aforesaid that a Tax Director shall be elected at the general election

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to be held in 1948, and in the same manner and under the same rules and regulations governing the election of other county officers, for a full term of four years, and quadrennially thereafter, and at the same time and in the same manner as other county officers are elected, and the person elected in 1948 shall take office on January 1, 1949. Should a vacancy occur by death, resignation or otherwise, the vacancy shall be filled as now provided by law for filling a vacancy in the office of Tax Collector. Election and term. Vacancy. Section 4. Be it further enacted by the authority aforesaid, that it shall be the duty of the Tax Director on January 1, 1949, to take over all of the books, papers, records, and accounts both of the Tax Receiver and the Tax Collector, and such officers are hereby required to deliver them to him; the said Tax Director shall then proceed to collect all past due taxes, and where it is necessary to issue executions for any tax in default, he is hereby expressly authorized to issue proper executions for the collection of same. To take over all books, records, etc., of Tax Receiver and Tax Collector. Section 5. Be it further enacted by the authority aforesaid, that the Tax Collector in office on December 31, 1948, shall pay over, at that time, all money due by him, to the proper authority for which it has been collected, and shall make and file with both the State of Georgia and County of Union a full and complete report to that date, and furnish the Tax Director with a verified copy of the same, showing all taxes then due for the year 1948, and all taxes due for all previous years. Tax Collector to pay over and account for all monies. Section 6. Be it further enacted by the authority aforesaid, that it shall be the duty of the Tax Director to perform all of the several duties now or which may hereafter be imposed by law upon the offices of Tax Collector and Tax Receiver. The Tax Director shall be and is hereby required to visit each of the several militia districts other than the one in which the county site is located, once during the month of January, and to spend a minimum of one day in each of the several militia districts of the county during the month of February, for the purpose of receiving tax returns, and the performance of such other duties as now are vested in the Tax Receiver, and in addition to these visits he shall be and is required to keep his office open at the courthouse at the county site each Saturday during the months of January

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and February and each day during the month of March, except Sundays and legal holidays. And for the purpose of collecting taxes annually the Tax Director shall, during the month of October, make a visit to each of the several militia districts of the county, other than the one in which the county site is located, and during the month of November shall spend a minimum of one day in each such militia districts, and in addition to these visits he shall be and is required to keep his office open at the courthouse at the county site each Saturday during October and November and daily from December 1 to December 20. With respect to the visits which the Tax Director is required to make annually to the several militia districts for the purpose of receiving tax returns and making tax collections, he shall give notice, at least ten days in advance, of the time and place thereof in each newspaper published in the county, the expense of which publication shall be paid from county funds at the rate of other legal advertising as fixed by law. Duties of Tax Director. Visits to militia districts. Office. Notice of intended visits. Section 7. Be it further enacted by the authority aforesaid, that the Tax Director is vested with all authority with respect to taxes in default, and the collection of same, as would be vested in the Tax Collector except for this Act. Taxes in default. Section 8. Be it further enacted by the authority aforesaid, that in addition to the bond which the State shall require from the Tax Director he shall give bond payable to the County of Union in such amount as shall be required by the officer in charge of the fiscal affairs of the county, which bond, however, shall never be less than double the estimated annual tax to be collected by him, and such bond shall be approved and recorded as now provided for the bond of a tax collector. Bond. Section 9. Be it further enacted by the authority aforesaid, that the compensation to be paid to the Tax Director shall be an annual salary of ELEVEN HUNDRED ($1,100.00) DOLLARS, which amount shall be paid monthly in equal amounts to him by the officer in charge of the fiscal affairs of the county, and the same shall be in lieu of all commissions, fees, and other compensations now received by the Tax Receiver and Tax Collector, both from the State of Georgia and the County of Union. Upon receipt of commissions from the State, or other compensation for tax service

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rendered the State, the same shall be by-the Tax Director paid over to the County Treasurer and become a part of the funds of Union County. In addition to the salary herein provided for, the Tax Director shall be furnished at the expense of the County of Union necessary stationery and postage, but the expense for postage shall in no one calendar year exceed the sum of FIFTY ($50.00) DOLLARS, and he shall also be authorized in addition to the salary herein provided for to retain and keep all fees now allowed for the preparation of applications for homestead exemptions allowed to taxpayers. All other commissions, fees, and compensations now or hereafter payable to him or his office, either from the State, the County of Union or any political division thereof, shall be by the Tax Director promptly paid over to the proper officer in charge of the fiscal affairs of the County and become a part of the funds of Union County, Georgia. Salary. Commissions and fees. Expenses. Section 10. Be it further enacted by the authority aforesaid, that the Tax Director shall be required to take the oath of office required of other county officers for the faithful performance of his several duties required by this Act and by other applicable laws. Oath. Section 11. Be it further enacted by the authority aforesaid, that if any part of this Act should be declared invalid the remaining parts of the same shall remain of full force and effect. If part of Act invalid. Section 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. IDENTIFICATION CERTIFICATES TO REGISTERED VOTERS IN CERTAIN COUNTIES. No. 332 (House Bill No. 369). An Act to provide for the furnishing of an identification certificate by tax collectors to persons who register to vote in any and all counties in the State of Georgia having a

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population of not less than 115,000 and not more than 170,000 inhabitants according to the United States Census of 1940, or any future census, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: That in any and all counties of this State having a population of not less than 115,000 and not more than 170,000 inhabitants according to the United States census of 1940 or any future census, every person heretofore registered and still qualified to vote for the election of members of the General Assembly of Georgia shall, upon application to the tax collector with proof of his continuing right to vote, be furnished by him without charge a certificate showing thereon the name, race, sex and age of the registrant, the date of his registration, and the address from which he registered, and in addition thereto the signature of the registrant affixed in the presence of the tax collector or some person designated by the tax collector, and any and all persons hereafter registering or reregistering to vote in said counties shall, at the time of such registration or reregistration, be furnished by the tax collector with a similar certificate also without charge. Counties where applicable. Identification certificate to be furnished by Tax Collector. Section 2. Be it further enacted by the authority of the same, that such certificate shall be prima facie evidence of the identity of the registrant when presenting himself to vote in any election under the laws of Georgia, but shall not be evidence of the registrant's continuing qualification to vote. Upon his removal of his residence from the county, or upon any disqualification to vote, the registrant shall surrender such certificate to the tax collector and if such certificate shall have been lost or destroyed, the registrant shall notify the tax collector to cancel such registration. Certificate as evidence of identity and qualification. Section 3. Be it further enacted by the authority aforesaid, that all laws or parts of law in conflict herewith be and the same are hereby repealed. Approved March 28, 1947.

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CHATHAM COUNTY PENSION BOARDAMENDMENTS. No. 333 (House Bill No. 384). An Act to amend an Act to authorize and empower the commissioners of Chatham County and Ex Officio judges thereof to create a pension board; to provide for the repeal of Paragraph B, Section 6 and to amend Section 15 of the Act of 1937 entitled Chatham County Pension Board, approved March 29, 1937 (Acts of 1937, pages 1273-1282); to amend an Act entitled Chatham County Pension BoardAct amended, approved March 12, 1941 (Acts 1941, pages 813-815), by amending Paragraph A of Section 16, and repealing Paragraph B of Section 16 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 Paragraph A of Section 6 of the Acts of the General Assembly of Georgia of 1937 authorizing and empowering the commissioners of Chatham County and Ex Officio judges thereof to create a pension board, approved March 29, 1937 (Acts of 1937, pages 1273-1282) be, and the same is hereby amended, so that said Paragraph A of said Section 6, on and after the passage of this Act shall read as follows: Par. A, sec. 6, act of 1937, amended. (a) Any regular employee of Chatham County who has served well and faithfully for a period of twenty-five (25) years or more (of which five (5) years service must have been continuous and immediately before his or her retirement), shall, upon application to the said Commissioners of Chatham County and Ex Officio judges thereof, and to the said Board of Pensions of said county, be retired from active service, and such employee when so retired shall receive for the balance of his or her life onehalf () the amount of the salary paid to such employee at the time of his or her retirement; such pension, however, in no event to exceed the sum of $100.00 per month. Retirement after 25-years' service. Pension. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that

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on and after the passage of this Act, Paragraph B of Section 6 of the aforesaid Acts of the General Assembly of Georgia be and the same is hereby repealed. Par. B, sec. 6, repealed. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage of this Act, Section 15 of the aforesaid Acts of the General Assembly of Georgia (Acts of 1937 and pages 1273-1282) be and the same is hereby amended so that said Section 15 as amended shall read as follows: Sec. 15 amended. 15. If any employee of the Commissioners of Chatham County and Ex Officio judges thereof, after having been placed upon the pension roll of Chatham County by being granted a pension, shall be reemployed by said Chatham County or any department thereof or shall be employed by the City of Savannah, or any department or agency thereof, then, in that event, his or her pension shall cease and be terminated, during such employment, but upon termination of any such employment, the employee shall be entitled to reinstatement of his or her original pension. To read. Pension to cease on employment. Section 3. Be it further enacted by authority aforesaid, and it is hereby enacted by authority of the same that on and after the passage of this Act, paragraph A of Section 16 of the Acts of the General Assembly of Georgia of 1941, entitled Chatham County Pension BoardAct amended (Acts of 1941, pages 813-815), approved March 12, 1941 be, and the same is hereby amended to read as follows: Par. A, sec. 16, amended. 16. (a) That if any employee of the County Commissioners and Ex Officio judges thereof who shall have served well and faithfully for a period of twenty-five (25) years or more five (5) years of which have been continuous and immediately before his or her retirement), he or she shall not be subject to dismissal by the County Commissioners and Ex Officio judges thereof, without the said Commissioners shall grant to such employee any pension to which he or she may be entitled under this Act. Dismissal without pension. Section 4. Be it further enacted by authority aforesaid and it is hereby enacted by authority of the same, that on and after the passage of this Act, the aforesaid Act of the

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General Assembly of Georgia (Acts 1941, pages 813-815) shall be, and the same is hereby further amended so as to repeal paragraph B of Section 16 of the aforesaid Act. Par. B, sec. 16, repealed. Section 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. BIBB COUNTYZONING AND PLANNINGPROPOSED CONSTITUTIONAL AMENDMENT. No. 334 (House Bill No. 389). An Act to propose to the qualified voters of Georgia and to the voters in the area directly affected, an amendment to Article XI, Section I, Paragraph VI, of the Constitution of Georgia, so as to authorize the city of Macon and Bibb County, separately or jointly, to adopt rules and regulations or to delegate such authority to agencies or to an agency, for zoning and planning; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article XI, Section I, Paragraph VI, of the Constitution of Georgia, and as the same has heretofore or contemporaneously been amended, revised, or changed, shall be further amended by adding at the end thereof a new paragraph as follows: Constitution, art. XI, sec. I, par. VI. And except that the City of Macon and Bibb County may, through their respective governing authorities, separately or jointly, promulgate zoning and planning laws, rules and regulations, and administer the same, and/or appoint agencies or agency for adopting zoning and planning laws, rules, and regulations, and for administering the same, the governing authorities or their designated agencies being authorized to condition the application of any zoning and planning and the administration of the same according to any presently existing zoning or planning

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law, any that may hereafter be enacted or according to any that may be resolved or ordained by either or both or by their designated agency or agencies. Zoning and planning agencies for City of Macon and Bibb County. Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3's) of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election, at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon, County of Bibb. Submittal, when. Publication. Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State and of the area directly affected thereby at the next general election to be held after the publication, as provided for in the second section of this Act, in the several election districts of this State, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: To be voted on at general election. For ratification of amendment to Paragraph VI of Section I of Article XI of the Constitution of Georgia, authorizing the City of Macon and Bibb County, separately or jointly, to establish zoning and planning rules, regulations, and commissions; Ballots. and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Paragraph VI of Section I of Article XI, of the Constitution of Georgia, authorizing the City of Macon and County of Bibb, separately or jointly, to establish zoning and planning rules, regulations, and commissions. If the people in the State, as a whole, and in the City of

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Macon, County of Bibb, ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Proclamation. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 28, 1947. COLUMBUSBUS TERMINAL. No. 335 (House Bill No. 396). An Act to grant to the City of Columbus, Georgia, the power or authority to create, establish and maintain, by ordinances of the Commission of the City of Columbus, a bus terminal for the use, safety and convenience of the general public, not restricted to patrons of a bus line, said bus terminal being located within a space bordering on the extreme south line of the vehicular roadway on Twelfth Street, the east boundary line of said space being the same, or a northward extension thereof, as the east property line of the brick building located at the southwest intersection of Broadway and Twelfth Street in the City of Columbus, Muscogee County, Georgia; to grant to the City of Columbus, Georgia, the power or authority to authorize, by ordinances of the Commission of the City of Columbus, the construction, erection and maintenance of an all-metal canopy shed, and facilities for the use thereof, for the use, safety and convenience of the general public, not restricted to patrons of a bus line, said shed being located on the unpaved strip lying between the vehicular roadway and the existing concrete sidewalk on the south side of Twelfth Street immediately west of Broadway in the City of Columbus, Muscogee

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County, Georgia; to confirm and ratify all ordinances of the Commission of the City of Columbus heretofore passed to the foregoing effect, including, without limiting the generality of the foregoing, ordinances of said Commission of said city permitting or licensing C. O. Livingston, of Muscogee County, doing business under the name of Suburban Bus Line, to use said bus terminal for the convenience of the general public, not restricted to patrons of said bus line, and including ordinances of said Commission and of said City permitting or licensing C. O. Livingston, doing business as aforesaid, to construct, erect and maintain, at the expense of said C. O. Livingston, said all-metal canopy shed and facilities for the use thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That power and authority is hereby granted to the City of Columbus, Georgia, to create, establish and maintain, by ordinances of the Commission of the City of Columbus, a bus terminal for the use, safety and convenience of the general public, not restricted to patrons of a bus line, said bus terminal having the following specifications and description: Bus terminal authorized. A space on the extreme south line of the vehicular roadway on Twelfth Street, with a north and south width of ten (10) feet and an east and west length of one hundred sixty-six and eight-tenths (166.8) feet, the east boundary line of said space to be the same, or a northward extension thereof, as the east property line of the brick building located at the southwest intersection of Broadway and Twelfth Street in the City of Columbus, Muscogee County, Georgia. Specifications and description. Section 2. All ordinances of the City of Columbus permitting or licensing C. O. Livingston, of Muscogee County, Georgia, doing business under the name of Suburban Bus Line, to use said bus terminal in the operation of the busses of said bus line and for the convenience and safety of the general public, not restricted to patrons of said bus line, be and they hereby are ratified and confirmed. Ordinances licensing C. O. Livingston to use in business confirmed.

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Section 3. That power and authority is hereby granted to the City of Columbus, Georgia, to authorize, by ordinances of the Commission of the City of Columbus, the construction, erection and maintenance of an all-metal canopy shed, and facilities for the use thereof, for the use, safety and convenience of the general public, not restricted to patrons of a bus line; said canopy shed, and facilities for the use thereof, having the following specifications and description: Metal-canopy shed authorized. An all-metal canopy shed, supported by iron columns to be imbedded in concrete, the width north and south not to exceed eight (8) feet and the length east and west not to exceed eighty (80) feet, and the height of the apex not to exceed seven (7) feet and four (4) inches, with a clearance of seven (7) feet from eaves to base, with two rows of seats for the length of the shed, and with lighting facilities to illuminate the shed at all times of the night and evening when in use; said canopy shed and facilities shall be located on the unpaved strip lying between the vehicular roadway and the existing concrete sidewalk on the south side of Twelfth Street immediately west of Broadway, the east end of said shed to be in line with the east property line of the brick building located at the southwest intersection of Broadway and Twelfth Street in Columbus, Muscogee County, Georgia. Specifications and description. Section 4. All ordinances of the City of Columbus permitting or licensing C. O. Livingston, doing business under the name of Suburban Bus Line, to construct, erect and maintain, at the expense of said C. O. Livingston, said all-metal canopy shed, and facilities for the use thereof, for the safety and convenience of the general public, not restricted to patrons of said bus line, be and the same hereby are ratified and confirmed. Ordinances ratified and confirmed. Section 5. All laws or parts of laws in conflict with this Act be and the same hereby are repealed. Approved March 28, 1947.

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CITY COURT OF POLK COUNTYAMENDMENTJUVENILE JURISDICTIONPROCEDURE, PLEADING AND PRACTICEJUDGE. No. 336 (House Bill No. 433). An Act to amend an Act of the General Assembly of Georgia approved November 18, 1901, entitled An Act to establish the City Court of Polk County, in the City of Cedar-town, in and for the County of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of the judge and other officers thereof, and for other purposes, and all Acts amendatory thereof, by conferring upon the City Court of Polk County and upon the judge thereof juvenile jurisdiction over children under sixteen years of age who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of, the State; to regulate the procedure in such juvenile cases, including the appointment of probation officers and the appointment of guardians for such children; to provide for the duties and powers of said court and of the judge and other officers thereof in such juvenile cases; to provide for the punishment of any adult who may encourage, aid, cause, abet or connive at such state of delinquency or neglect, and for other purposes; to provide for the opening of defaults in civil cases in said City Court where answers and defenses are not filed within the time prescribed by said Act approved November 18, 1901; to specify the laws and rules of procedure, pleading and practice applicable in civil actions and civil proceedings in said City Court, including the laws and rules applicable in said court in such cases with regard to the commencement of actions, filing and hearing of pleadings and service of summons and process; to stipulate the salary of the judge of said court and to provide that said judge may not practice law or hold any office or position elective by popular vote; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That said Act approved November 18, 1901, and all Acts amendatory thereof, be, and the same are hereby amended as follows:

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Section 1. The City Court of Polk County, in addition to all the powers and duties contained in said Act approved November 18, 1901, and all Acts amendatory thereof, shall have and exercise original and exclusive jurisdiction of all cases coming within the terms and provisions of this law. This law shall be known as the City Court of Polk County Juvenile Law, and shall be construed liberally and as remedial in character; and the powers and duties hereby conferred are intended to be general to effect the beneficial purposes herein set forth. Amended act of 1901 amended. Juvenile Law. Construction. This law shall apply to every child under 16 years of age, To whom law applies. (a) Who violates any penal law or any municipal ordinance, or (b) Who engages in any occupation, calling, or exhibition, or is found in any place for permitting which an adult may be punished by law, or who 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, or general welfare of such child, or (c) Who comes within the provision of any law for the education, care and protection of children, or (d) Whose custody is the subject of controversy of any suit: Provided, however, that jurisdiction in such cases shall be vested in other courts of record where the law now gives other courts of record exclusive jurisdiction, and that said other courts of record shall have concurrent jurisdiction in all other cases arising under this division of this section. The judge of any court, except as above provided, in which there is pending any suit in which there is involved the question of the custody of any child, shall refer and transfer by proper order said question of custody to the City Court to be heard and determined by it. (e) Whenever said court shall have acquired jurisdiction of any child under 16 years of age, such jurisdiction shall continue so long as, in the judgment of the court, it may be necessary to retain jurisdiction for the correction, or education of such child, but such jurisdiction shall terminate when such child shall attain the age of 21 years. Section 2. Any person having knowledge or information that a child is within the provisions of the preceding section

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may file with said court a verified petition stating the facts that bring such child within said provisions. The petition may be upon information and belief. The title of the proceeding shall be substantially as follows: Petition. In the Juvenile Court Division of the City Court of Polk County. In the matter of....., a child under..... years of age. The petition shall set forth the name and residence of the child and of the parents, if known to the petitioner, and the name and residence of the person having the guardianship, custody, control and supervision of such child, if the same be known or ascertained by the petitioner, or the petition shall state that they are unknown, if that be the fact. Section 3. Upon filing the petition, the court may forthwith, or after first causing an investigation to be made by a probation officer or other person, cause a summons to be issued, signed by the judge, requiring the child to appear before the court, and the parents or the guardian, or the person having the custody, control or supervision of the child, or the person with whom the child may be, to appear with the child, at a place and time stated in the summons, to show cause why the child should not be dealt with according to the provisions of this law. Summons. Section 4. If it appears from the petition that the child is embraced within subdivision (a) of Section 1 of this law, or is in such condition that the welfare of the child requires that its custody be immediately assumed, the court may indorse upon the summons a direction that the officer serving the same shall at once take said child into his custody. Direction to take child into custody. Section 5. Service of summons shall be made personally by delivering to and leaving with the person summoned a true copy thereof. If it shall be made to appear by affidavit that reasonable but unsuccessful effort has been made to serve the summons personally upon the parties named therein, other than said child, the court at any stage of the proceeding may make an order for substituted service of the summons, and if such parties are without the county, service may be made by mail, by publication or personally without the county in such manner and at such time before the hearing as in said order directed. It shall be sufficient

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to confer jurisdiction if service is effected at any time before the time fixed in the summons for the return thereof, but the court, if requested, shall not proceed with the hearing earlier than the third day after the date of the service. Proof of service shall be made substantially as in other cases in the City Court of Polk County. Failure to serve summons upon any person other than said child shall not impair the jurisdiction of the court to proceed in cases under subdivision (a) of Section 1. Provided, however, that for good cause shown, the court pass an order dispensing with such service. Service of summons. Section 6. The summons shall be considered a mandate of the court, and wilful failure to obey its requirements shall subject any person guilty thereof to liability for punishment as for a criminal contempt, without the intervention of a jury. Failure to obey summons. Section 7. Upon the return of the summons, or at any time set for the hearing, the court shall proceed to hear and determine the case. The court may conduct the examination of the witnesses without the assistance of counsel, and may take testimony and inquire into the habits, surroundings, condition and tendencies of said child to enable the court to render such order or judgment as shall best conserve the welfare of said child and carry out the objects of this law, and the court, if satisfied that the child is in need of the care, discipline and protection of the court, may so adjudicate, and may, in addition, find said child to be in a state of delinquency or neglect and may further render such judgment and make such order, or commitment according to the circumstances of the case as will best conserve the purpose of this law. The solicitor of said City Court shall, without compensation, assist in any and all matters and cases under this law, when required by the judge to do so. Hearing. Procedure. Judgment. City Court Solicitor. Section 8. The court may place the child in the care and control of a probation officer and may allow such child to remain in its home subject to the visitation and control of the probation officer, to be returned to the court for further proceeding whenever such action may appear to the court to be necessary; the court may authorize the child to be placed in a suitable family home subject to the friendly supervision of the probation officer and the further order

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of court; or it may authorize the child to be boarded out in some suitable family home in such manner as may be provided by law, or arranged by voluntary contributions, or otherwise, until suitable provision may be made for the child in a home without such payment; or the court may commit the child to any institution that may care for children within or without the county, incorporated or otherwise, or to the Georgia State Training School for Boys, the Georgia Training School for Girls, or to any other State institution already existing or hereafter to be established, for the correction, reformation, or protection of children. Disposition of child. Section 9. It is the intention of this law that in all proceedings coming under its provisions the court shall proceed upon the theory that said child is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case. Child, ward of State; discipline, protection. Section 10. The court shall have the power, upon the hearing of any case involving any child, to exclude the general public from the room wherein said hearing is held, admitting thereto only such persons as may have a direct interest in the case. The records of all cases shall be withheld from the inspection of all persons. Such records may be open to inspection only upon order of the judge for good cause shown. The hearing may be conducted in the judge's chambers or in such other room or apartment as shall be provided for such cases. Exclusion of public. Records. Place of hearing. Section 11. No adjudication under the provisions of this law shall operate as a disqualification of the child for any office, State or municipal, and such child shall not be denominated a criminal by reason of any such adjudication, nor shall such adjudication be denominated a conviction. No conviction; child not a criminal. Section 12. Until the first hearing of the case by the court, the probation officer, or any other official duly authorized so to do by the court, may release the child upon its own recognizance, or upon the recognizance of the parent or the person having the custody, control or supervision of the child, to appear before the court at such time as may be therein fixed. Any child embraced in this law shall have the right now given by law to any person to give bond or other security for its appearance at the hearing. Release before hearing. Bond.

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Section 13. Nothing in this law contained shall be construed as forbidding the arrest, with or without warrant, of any child, as now or hereafter may be provided by law, or as forbidding the issuing of warrants by magistrates, as provided by law. Whenever a child less than 16 years of age is brought before a justice of the peace, such justice of the peace shall transfer the case to said city court by proper order. Such justices of the peace may, however, by order admit such child to bail to appear before said court at a time designated in the said order. Warrants, arrest. Transfer by justice of peace. Bail. Section 14. All papers and processes in the hands of such justices of the peace shall be forthwith transmitted to said court, and shall become part of its records. Said court shall thereupon proceed to hear and dispose of such case in the same manner as if the proceeding had been instituted in said court upon petition, as hereinbefore provided. In all cases the nature of the proceeding shall be explained to said child, and, if they appear, to the parents, custodian, or guardian. Between the time of the arrest of such child with or without warrant, and the appearance of said child before said court, if not released, he shall be detained subject to the order of the latter court. After his transfer of papers. Procedure. Detention. Section 15. The court may, in its discretion, in any case of a delinquent child brought before it as herein provided, permit such child to be proceeded against in accordance with the laws that be in force governing the commission of crime, and in such case the petition, if any, filed under this law shall be dismissed and the child shall be tried in said city court on accusation as in other criminal cases, or the case shall be transferred to the proper court having jurisdiction of the offense. Delinquent child; procedure. Trial as criminal case. Section 16. No judgment, order or sentence of said City Court under this law shall be subject to review by writ of certiorari but shall be subject to review only by direct bill of exceptions to either of the appellate courts; provided, that no judgment, order or sentence shall be superseded, except in the discretion of the judge, but the judgment, order or sentence of the court shall stand until reversed or modified by the appellate court; provided further, that the pendency of a direct bill of exceptions shall not preclude or prevent said city court, during the pendency thereof, at a subsequent

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hearing for cause shown, to modify any judgment, order or sentence made. No certiorari; direct bills of exceptions. Supersedeas. Change of judgment not precluded. Section 17. The judge of said court may arrange with an incorporated society or association maintaining a suitable place or detention for children in the county or elsewhere, for the use thereof as a temporary detention home for children coming within the provisions of this law, and may enter an order which shall be effectual for that purpose; and a reasonable sum shall be appropriated by the county commissioners or the authority having control of county matters for the expenses incurred by said society or association for the care of such children. Detention home; care of children. Section 18. The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children, to the end that the court may be assisted in every reasonable way to give to all such children the care, protection and assistance which will conserve the welfare of such children. It is hereby made the duty of every county, town or municipal official or department, in said county, to render such assistance and cooperation within his or its jurisdictional power to further the objects of this law. All institutions, associations or other custodial agencies in which any child may be, coming within the provisions of this law, are hereby required to give such information to the court or any of said officers appointed by it as said court or officers may require for the purposes of this law. Co-operation of societies, organizations, and officials. Section 19. Said court may appoint a probation officer or officers to serve under the direction of the court in all cases arising under this law. The same power of appointment shall apply to such other officers as the court may require. The clerk of the City Court of Polk County shall, without compensation, perform such duties under this law as may be required of him by the judge of said City Court. Probation officers. Clerk of City Court. Section 20. Any final order or judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the

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court of the jurisdiction to change the form of the commitment or transfer the custody of said child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will conduce to the welfare of said child and the best interests of the State. Modification of orders, commitments; transfers of custody; oversight and control. Section 21. Whenever any child is found to be in such condition, surroundings or under such improper or insufficient guardianship as to lead the court, in its discretion, to take the custody of said child away from its parents and place it in some institution or under some other custodial agency, the court may, after issuing and service of an order to show cause upon the parents or other persons having the duty under the law to support said child, adjudge that the expense of caring for said child by said custodial agency or institution as fixed by the court shall be paid by the person or persons bound by law to support said child. In such event such person or persons shall be liable to pay to such custodial agency or institution and in such manner as the court may direct the money so adjudged to be payable by him or them. Wilful failure to pay said sum may be punished as a contempt of court and the order of the court for the payment of said money may be enforced as other money judgments of courts of record are enforced. Taking custody from parents or others. Procedure. Expense, support of child. Failure to pay. Section 22. Whenever a child within the jurisdiction of said court and under the provisions of this law appears to the court to be in need of medical care, a suitable order may be made for the treatment of such child and for the payment of the expense thereof. For that purpose the court may cause any such child to be examined by any health officer within the jurisdiction of the court, or by any duly licensed physician. Medical treatment. Section 23. Whenever, in the course of a proceeding instituted under this law, it shall appear to the court that the welfare of the child will be promoted by the appointment of an individual as general guardian of his property, and of his person, when such child is not committed to any institution or to the custody of any incorporated society, the court shall have jurisdiction to make such appointment

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either upon application of the child or some relative or friend, or upon the court's own motion. In that event, an order to show cause may be made by the court to be served upon the parent or parents of said child in such manner and for such time prior to the hearing as the court may deem reasonable. In any case arising under this law, the court may determine as between parents, whether the father or mother shall have the custody, tuition and direction of said child. General guardian. Procedure. Rights as between parents. Section 24. If in adjudging a child to be delinquent, the court shall find as an element of such delinquency that such child has committed an act involving liability in a civil suit, the court may require that such child shall make restitution or reparation to the injured person to such an extent, in such a sum, and upon such conditions as the court shall determine. Civil injuries, restitution. Section 25. Whenever, in the course of any proceedings instituted under this law, it shall appear to the said court that a parent, guardian, or person having the custody, control, or supervision of any delinquent or neglected child, or any other person, has knowingly or wilfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect, or has knowingly or wilfully done any act or acts to directly produce, promote, or contribute to the conditions which render such a child delinquent or neglected, the court shall have jurisdiction in such matters, and shall cause such parent, guardian, or other person, as the case may be, to be brought before it, upon either a summons or a warrant for such order in the premises as the court may see fit to make. The court shall have full power to hear and determine said matter against such parent, guardian, or other person, in the manner provided by law, for the trial of misdemeanors, and upon conviction such parent, guardian, or other person may be tried and punished as provided by law in cases of misdemeanor. Aiding, etc., delinquency; summons or warrant. Trial, punishment. Section 26. The court shall have the power to devise rules and regulate the procedure for cases coming within the provisions of this law, and for the conduct of all probation and other officers of this court under this law, and such rules shall be enforced and construed beneficially for the remedial purposes embraced therein. Rules and procedure.

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Section 27. The Board of Commissioners of Roads and Revenues of Polk County shall furnish at the expense of Polk County such record books and other supplies as may be required under this law. Record books and supplies. Section 28. All provisions of laws inconsistent with or repugnant to this law shall be considered inapplicable to the cases arising under this law. Inconsistent laws inapplicable. Section 29. Be it further enacted by the authority aforesaid, that Section 33 of said Act approved November 18, 1901, which reads as follows: Sec. 33, act of 1901, amended. Be it further enacted that the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the terms thereof shall apply to the city court of Polk County, unless otherwise provided in this Act; provided, that in cases in which no defense or plea is filed on the second day of the first term, or such defense or plea shall be stricken by the court, a judgment may be rendered by the court, or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court, be and the same is hereby amended by adding at the end of said Section 33 the following: Provided, that in cases in which no defense is filed on or before the second day of the first term, and no judgment has been previously rendered or verdict taken, the default may be opened at any time within ten days after the second day of the first term, by payment of all court costs accrued in the case up to that time and the filing of a meritorious defense or plea; and if judgment has been previously rendered or verdict taken while the case is in default, for good cause shown the court may set aside such judgment or verdict and allow a meritorious defense or plea to be filed, provided the motion to set aside such judgment or verdict and to open the default, together with an order of the court fixing the time for hearing such motion, is filed within ten days after the second day of the first term; provided further, that a copy of such motion to set aside or vacate the

Page 1255

judgment or verdict and to open the default, together with a copy of said order of the court, shall be served on the plaintiff in the case or on the plaintiff's counsel of record, within two days after the filing of such motion. A copy of the defense or plea to be filed, in the event the default is opened by the court, shall be served on the plaintiff or his attorney of record at the time of serving said copy of the motion and the order of the court thereon. So that said Section 33, as amended, will read as follows: Added provisions. Opening defaults. Procedure. Be it further enacted, that the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all the laws, rules and practices in the superior courts with reference to the terms thereof shall apply to the City Court of Polk County, unless otherwise provided in this Act; provided, that in cases in which no defense or plea is filed on the second day of the first term, or such defense or plea shall be stricken by the court, a judgment may be rendered by the court, or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Provided, that in cases in which no defense is filed on or before the second day of the first term, and no judgment has been previously rendered or verdict taken, the default may be opened at any time within ten days after the second day of the first term, by payment of all court costs accrued in the case up to that time and the filing of a meritorious defense or plea; and if judgment has been previously rendered or verdict taken while the case is in default, for good cause shown the court may set aside such judgment or verdict and allow a meritorious defense or plea to be filed, provided the motion to set aside such judgment or verdict and to open the default, together with an order of the court fixing the time for hearing such motion, is filed within ten days after the second day of the first term; provided further, that a copy of such motion to set aside or vacate the judgment or verdict and to open the default, together with a copy of said order of the court, shall be served on the plaintiff

Page 1256

in the case or on the plaintiff's counsel of record, within two days after the filing of such motion. A copy of the defense or plea to be filed, in the event the default is opened by the court, shall be served on the plaintiff or his attorney of record at the time of serving said copy of the motion and the order of the court thereon. Amended section to read. Section 30. Be it further enacted by the authority aforesaid, that said Act approved November 18, 1901 and all Acts amendatory thereof, be, and the same are hereby, amended, by providing that only such laws and rules that were applicable in said court on December 31, 1946 (except as provided in Section 29 of this amending Act) governing procedure, pleading, practice, filing and hearing of pleadings and service of summons and process, in said court, shall be applicable in said court after the passage and approval of this amending Act. Amended act of 1901 amended. Laws and rules applicable as to procedure, etc. Section 31. Be it enacted by the authority aforesaid, that Section 4 of an Act approved July 23, 1931 amending said Act approved November 18, 1901, and all subsequent Acts amending said Act approved November 18, 1901, which Section 4 of said amending Act reads as follows: Sec. 4, act of 1931, amended. Be it further enacted, that the judge of said court now under appointment shall hold office until 31st day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, State-house officers, and members of the General Assembly, held on the first Wednesday in October, and under the general laws of the State governing such general elections; the first election for such judge to be held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All

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vacancies in the offices of judge or solicitor of the City Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the City Court of Polk County shall receive a salary of twenty-five hundred dollars per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office, be, and the same is hereby amended by striking the words twenty-five as they appear in line 24 of said Section 4, and substituting in lieu thereof the words thirty-six, and by adding at the end of said Section 4 the following sentence: Said judge may hold any Federal, State, County or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said City Court; so that said Section 4 of said amending Act approved July 23, 1931, when thus amended, shall read as follows: Be it further enacted, that the judge of said court now under appointment shall hold office until 31st day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, State-house officers, and members of the General Assembly, held on the first Wednesday in October, and under the general laws of the State governing such general elections; the first election for such judge to be held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the City Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the

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City Court of Polk County shall receive a salary of thirty-six hundred dollars per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. Said judge may hold any Federal, State, County or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said City Court. Judge. Salary increase. Holding of other positions. Amended section to read. Provisions as to Judge. Section 32. Be it further enacted by the authority aforesaid that this Act shall go into effect immediately upon its passage and approval. Date effective. Section 33. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with or inconsistent with this Act be, and the same are hereby repealed. Approved March 28, 1947. MACON CHARTER AMENDMENTSOFFICER OR EMPLOYEE RETIREMENTPROCEEDS FROM WATER WORKS. No. 337 (House Bill No. 438). An Act To amend an Act approved August 3, 1927, entitled an Act to re-enact the Charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the Charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act, whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section of said Acts; to add a new section

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as Section 70 relating to pension or retirement provisions for officers and employes and to amend Section 105 relating to payments of the Board of Water Commissioners to the City of Macon, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that from and after the passage and approval of this Act, an Act of the General Assembly of Georgia entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, and with such changes as may have become necessary or proper, all acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; and any and all Acts amendatory of said Acts, whenever passed and wherever set forth, including those amending, changing, or re-enacting any section of said act or acts, be and the same is hereby amended by adding a new section to be known as Section 70 and to read as follows: Amended act of 1914 amended. The City of Macon shall have power and authority, exercisable in the sole discretion of its governing authority, to create and contribute to a retirement fund and/or a system of retirement pay, either by direct contribution to such a fund or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by the City of Macon, and who hold the offices or positions either by election or appointment, to levy taxes for these purposes and to enact rules for tenure of office for such officers and employees, classifying and reclassifying such officers or employees or both for the purposes hereof, withholding, granting, or limiting benefits to any such classifications, and for other purposes consistent therewith. This section shall not affect any pension plan now in operation for any city employee's group. New sec. 70. Retirement fund and benefits for officers and employees. No effect on other pension plans. Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

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same, that from and after the passage and approval of this Act, Section 105 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as referred to in the caption of this Act, and as said Section is set forth on pages 1344 and 1345 of the published Acts of the General Assembly of Georgia for 1927, and as the same may have been amended or re-enacted, including an Act approved March 23, 1937, and as set forth on pages 1983 and 1984 of the published Acts of the General Assembly for 1937 and including an Act approved February 10, 1939, and as set forth on pages 1140-1147 and 1148 of the published Acts of the General Assembly for 1939, be and the same is hereby amended by striking the proviso which was added by the Act of the General Assembly of Georgia for 1939, p. 1140-1147 and 1148 and adding in lieu of the proviso so stricken the following: Proviso in act of 1939 (amending sec. 105, act of 1927 as amended) stricken. New proviso. Provided further that after payment to the Macon Hospital Commission of said sum of $20,000, or such less sum as in the discretion of the Board of Water Commissioners may be determined, that the said Board of Water Commissioners may be, and are hereby, authorized and directed to pay over any funds or profits arising out of the operation of said water works system after paying all necessary operating expenses, including repairs of said water works system, and after making adequate provision for extensions, improvements, and replacements, including setting aside a reasonable sum as a reserve to meet unforesoon contingencies or demands (all to be determined in the discretion of said Board of Water Commissioners) to the Mayor and Council of the City of Macon for use for city purposes. Said amount shall be paid by said Board of Water Commissioners to the Mayor and Council of the City of Macon either annually or semi-annually, as may be determined by said Board of Water Commissioners. The provisions of this amendment shall apply to all sewer systems which may now or hereafter be under the control of the Board of Water Commissioners as well as to the water works system. Payments by Board of Water Commissioners of funds from water-works system. Section 3. Be it further enacted by the authority of the aforesaid that if any portion of this Act shall be declared

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invalid, the remainder of this Act and the application of such portion to other persons or circumstances shall remain unaffected. If part of Act invalid. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1947. WRIGHTSVILLE BONDED DEBTPROPOSED CONSTITUTIONAL AMENDMENT. No. 338 (House Bill No. 443). An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize The Mayor and Council of Wrightsville, Johnson County, to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia, for the purpose of refunding and retiring a portion of the existing bonded indebtedness and interest thereon up to and including December 1, 1949, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness and interest thereon, which may become due up to and including December 1, 1949, to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, to wit: Constitution, art. 7, sec. 7, par. 1. And except that the Mayor and Council of Wrightsville, Johnson County, may issue refunding bonds not in excess of the aggregate sum of $25,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said The Mayor and Council of

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Wrightsville, and any bonded indebtedness and interest thereon of said The Mayor and Council of Wrightsville, and which becomes due up to and including December 1, 1949, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by The Mayor and Council of Wrightsville, Johnson County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon outstanding and which becomes due up to and including December 1, 1949. Said Refunding Bonds shall be issued when authorized by a resolution of the Mayor and Council of Wrightsville, and shall be validated as provided by law. New paragraph. Refunding bonds to retire, previous bond indebtedness. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Mayor and Council of Wrightsville, Johnson County, to issue refunding bonds, And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. When to be submitted to vote; publication. Election; ballots. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1947.

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DORAVILLE NEW CHARTER. No. 339 (House Bill No. 444). An Act to amend the charter of the Town of Doraville, in the County of DeKalb, particularly the Act approved December 15, 1871 (Ga. Laws 1871-2, Page 104) incorporating the Town of Doraville, and all acts amendatory thereof; to provide for a new charter under the name of City of Doraville; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits of said city; to confer powers upon said city to pass ordinances and regulations for the zoning of said city; to provide that no valid existing ordinances, rules or regulations of the former corporation, nor any contract made or right acquired under the same shall be affected by this act; and for other purposes: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this act, the inhabitants of the territory now embraced in the corporate limits of the Town of Doraville, and the territory embraced in the proposed limits of the City of Doraville, in the County of DeKalb, and the State of Georgia, be, and they are hereby incorporated under the name and style of the City of Doraville, and by that name shall have perpetual succession, and is hereby invested with all rights, powers, and privileges incident to municipal corporations in this State; and all the rights, powers, titles, property, easements and hereditaments, within or without the corporate limits, now belonging to the Town of Doraville, shall be and are, hereby vested in the City of Doraville as created and reincorporated in this act. The said City of Doraville as incorporated in this Act, may in 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 by its governing authority, all such ordinances, bylaws, rules, regulations and restrictions for the transaction of its business, and the peace, good order, health, welfare and proper government of said city, as to said governing authority seems best and consistent with the constitution and laws of the State of Georgia and of the United

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States. Said City of Doraville shall have the right and power to purchase, hold, rent, lease, exchange, enjoy, possess and retain in perpetuity or for any term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind or description, within or without the limits of said city for corporate purposes. Said City of Doraville, as incorporated by this act, shall succeed to all the rights, and is hereby expressly made responsible as a body corporate, for all legal debts, liabilities and undertakings of said Town of Doraville, and all valid ordinances, rules and regulations of the Town of Doraville, as they now exist, shall remain in full force and effect until and unless repealed by the governing authority of said City of Doraville. City incorporated. General powers. Succeeds to rights and liabilities, Town of Doraville. Section 2. Be it further enacted by the authority aforesaid, That the corporate limits of the City of Doraville shall include all of the territory embraced in Land Lots 310, 311, 321, 322, 335 and 336 of the 18th District of DeKalb County, Georgia, and all of that portion of Land Lot 337 of said District lying West of the Westerly side of the Southern Railroad right of way, subject to the conditions and limitations hereinafter set forth. Corporate limits. It is not the intent and purpose of this Act to settle or in any manner affect the right to and jurisdiction over that tract of land in the Southwest corner of Land Lot 310 now in dispute between the Cities of Doraville and Chamblee, which is claimed by each of said Cities to be within its corporate limits, but said dispute is left open for future settlement by arbitration, court decree, legislative enactment, or otherwise. Disputed tract. All that part of Land Lots 335, 336 and 337 included herein and not a part of the present Town of Doraville shall be embraced within the corporate limits of the City of Doraville upon the following conditions: An election shall be called by the City Commission of Doraville at some time designated by them during the year 1947, to determine whether or not such territory shall be annexed to the City of Doraville, at which election only freeholders in the affected territory shall vote, the owner of the fee simple title to each tract of land contained therein being entitled to one vote. The City of Doraville shall pay all expenses of holding

Page 1265

such election and shall give at least thirty days notice of the same by publication in the newspaper in DeKalb County in which the Sheriff's advertisements are published once a week for three weeks. A copy of such notice shall also be posted in three conspicuous places within such territory at least twenty days before the date of such election. Said election shall be at the place within the affected territory designated by the City Commission of Doraville and shall be held in substantially the same manner as elections are held in such City. The form of ballots shall be prescribed by the City Commission of Doraville and shall plainly present the alternative to each voter as to whether or not he favors annexation to the City of Doraville. If a majority of those voting in said election vote in favor of annexation, said territory shall become a part of the City of Doraville and subject to its jurisdiction; if a majority of those voting in said election vote against annexation, said territory shall not become a part of the City of Doraville. Other lots. Election. Section 2(a). Be it further enacted by the authority aforesaid, that the corporate limits of the City of Doraville may be extended at any time by ordinance upon the following conditions: Future extensions of limits. A correct plat of the territory proposed to be annexed shall be made and the Mayor and Council may call an election to determine whether or not said territory shall be annexed. A copy of the proclamation calling such election shall be published once a week for the three (3) weeks immediately preceding such election in the newspaper in which Sheriff's advertisements are published in DeKalb County, and a copy of the proclamation calling such election shall be posted at the City Hall of the City of Doraville, and in at least two (2) conspicuous places in the territory proposed to be annexed at least twenty days before the date of such election. The City Commission of the City of Doraville shall have authority to provide the form of ballots to be used in such election and such election shall be held in the same manner as other elections of said City. Land owners in the territory proposed to be annexed may vote; the owner of the fee simple title to that tract of land being entitled to one vote. If a majority of those voting in said election vote

Page 1266

in favor of annexation, such territory shall be annexed to and become a part of the City of Doraville. If a majority of those voting in such election vote against annexation, such territory shall not become a part of the City of Doraville. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of the City of Doraville shall consist of five (5) commissioners, one of whom shall be elected as chairman, who hereby constitute a body corporate under the name and style of the City of Doraville. The present city commissioners, to wit: John G. Stewart, J. F. Munday, J. E. Flowers, W. P. Tapp and J. S. Creel, shall hold office until the expiration of their terms on the first Monday in January, 1948. City Commissioners. Chairman. Section 4. There shall be held on the third Wednesday in December, 1947, and on the third Wednesday in December of each succeeding year, an election for the office of Commissioner of the City of Doraville. At the election held on the third Wednesday in December, 1947, a chairman of the city commission and two other commissioners shall be elected for a term of two years and two commissioners shall be elected for a term of one year. All commissioners elected in succeeding elections shall be elected for a term of two years, so that an election for the office of City Commissioner shall be held each year, with a chairman of the City Commission and two other commissioners to be elected in each odd numbered year and two commissioners elected in each even numbered year. The City Commission of the City of Doraville may by ordinance designate which posts shall be filled for two and which for one year at the election to be held on the third Wednesday, 1947. Elections. Section 5. Be it further enacted by the authority aforesaid, That the City Commission of the City of Doraville shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper or necessary or incident to the good government of said city, and to the peace, security, health, happiness, welfare and protection of the inhabitants of said city, and for the preservation of the peace, good order and dignity of said government. Commission. General powers.

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Section 6. Be it further enacted by the authority aforesaid that on the first Monday in January of each year, the officers of said city newly elected, shall be installed and the City Commission shall hold its first meeting of the year. Members of the city commission shall be paid such compensation for their services as may be fixed by said city commission. Meeting. Compensation. Section 7. Be it further enacted by the authority aforesaid, That all candidates in elections held by the City of Doraville shall file with the Clerk of said city at least fifteen (15) days prior to said election, a written and signed notice of his intention to offer for a named office. The city clerk shall keep a record of such qualifications, and no person shall be a candidate for any office who does not qualify according to the requirements of this charter. Said clerk shall have ballots prepared under the direction of the City Commission and no other ballot shall be legal or used. Candidates. Ballots. Section 8. Be it further enacted by the authority aforesaid, That the City Commissioners before entering upon their duties, shall, before some officer authorized to administer oaths, take and subscribe the following oath: I solemnly swear that I will to the best of my skill and ability perform my duties as City Commissioner during my continuance in office, and that I will faithfully enforce the charter and ordinances of the City of Doraville to the best of my ability, without fear or favor, and in all my actions, act as I believe for the best interest of said City. So help me God. Oath. Section 9. Be it further enacted by the authority aforesaid, That all citizens qualified to vote for members of the General Assembly of Georgia, who shall have resided in the City of Doraville, Georgia, six months or more immediately prior to an election, shall be eligible to vote in said city elections and no others. Voters. Section 10. Be it further enacted by the authority aforesaid, That the City Commission shall require the Clerk to keep a book to be known as The City of Doraville Permanent Registration Book in which electors of said city shall sign the following oath: I do solemnly swear that I reside in the city limits of the City of Doraville; that I will have resided in said city for six months or more on the date

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of the next election, and that I am qualified to vote for members of the General Assembly of DeKalb County, Georgia. No person who is not registered shall be allowed to vote and all those who are legally registered shall be allowed to vote. Permanent Registration Book. Section 11. Be it further enacted by the authority aforesaid, that it shall be the duty of the Clerk to keep said registration book open during such hours as may be prescribed by the City Commission to enable electors of the city to register therein; provided, that each person who registers in said book shall not be required to register again, but he shall be permanently registered unless disqualified. Clerk's duty. Registration. Section 12. Be it further enacted by the authority aforesaid, That whenever any general or special election is to be held in said city, it shall be the duty of the City Clerk to close said registration book ten (10) days before said election is held, and turn the same over to the City Commission who shall appoint a board of three Registrars whose duties it shall be to make from said book a list of voters for such election; and, in making said list, the Registrars shall exclude the names of all persons who have died since they signed said book, all those who have removed from the city limits and all those who have disqualified themselves in any manner as legal voters. The list of voters made up by the Registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by a majority of the Registrars that his name was omitted by accident or mistake. The City Commission shall determine the question of compensation for the Registrars. Registrars. Duties as to Book, list of voters, etc. Compensation. Section 13. Be it further enacted by the authority aforesaid, That there shall be an appeal from the decision of the Board of Registrars to a committee of three voters previously appointed by the City Commission for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five (5) days from the time of the decision by the Registrars. After all appeals have been decided, it shall be the duty of the Registrars to furnish the election managers with a correct list of the registered voters. The registration book shall be open to

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the inspection of the public at all times during office hours and said Board of Registrars shall have authority to purge said registration list upon three (3) days notice to any person who shall have registered illegally or who shall have become disqualified since registration. Appeal from Registrars' decision. Public inspection of book; purging list. Section 14. Be it further enacted by the authority aforesaid, That it shall be the duty of the Clerk of the Board of Registrars to furnish the managers of the election at or before the opening of the polls with a complete list of the registered voters, arranged in alphabetical order, certified to under the hand of the Clerk of the Board of Registrars and the corporate seal of the City. List to election managers. Section 15. Be it further enacted by the authority aforesaid, That any person voting in any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and shall upon conviction be punished as prescribed by the City Commission of the City of Doraville. Illegal voting. Section 16. Be it further enacted by the authority aforesaid, That all elections held under the provisions of this charter shall be managed by three registered voters of said city, neither of whom shall be a candidate in any election where he acts as manager. The managers shall take and subscribe the following oath, to wit: We, the undersigned managers, and each of us, do solemnly swear that we will faithfully and impartially conduct this election according to law, and we will prevent any illegal voting to the best of our ability, skill and knowledge, and make a true return thereof, so help us God. Said managers shall keep or cause to be kept a list of the registered voters, a list of those who vote in the election, two tally sheets and a consolidation certificate, signed by all managers in any election, general or special, held in said city. All voting shall be by secret ballot. The polls shall open at 7:00 A.M. and close at 6:00 P.M., according to the time prevailing in the City of Doraville at the time the election is held. The person receiving the highest number of votes in the race in which he is a candidate, shall be declared elected; and the election managers shall certify the winners of the election to the winners of the election to the City Commission, and file the certificate and election papers which show the results of

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the election with the City Clerk. The election managers shall be named by the City Commission. Said Clerk of said city shall file the election papers, and if there is no contest within thirty days, he shall destroy said papers by burning them. Said City Commission shall have the authority by ordinance to make any further rules and regulations not provided for herein as may be necessary or expedient in connection with the elections held in said city, provided such rules and regulations do not conflict with the provisions of this charter. Elections. Managers; duties. Procedure. Section 17. Be it further enacted by the authority aforesaid, That if the result of any election held by the City of Doraville shall be contested, such contest shall be filed with the Ordinary of DeKalb County, Georgia, within three (3) days by the contestants, and no one except an unsuccessful candidate shall have the right to file such contest. In his contest he shall set forth any vice, irregularity or illegality he relies upon to vitiate said election. Said Ordinary shall fix the time of hearing said contest and cause notice thereof to be served on the contestee. The hearing shall be held not later than ten (10) days after notice, which notice shall plainly set out the grounds upon which the election is contested. The Ordinary shall, by written notice, require the Clerk of said City of Doraville to have and produce any papers or records that may be deemed necessary or that either side wishes to offer in evidence, provided the same is pertinent to the issues raised by the contest, and the Ordinary shall determine all issues of law and fact in said contested election. Election contests. Section 18. Be it further enacted by the authority aforesaid, That all decisions of the Ordinary in election contests as provided herein shall be subject to the right of certiorari to the Superior Court of DeKalb County. Certiorari from election decisions. Section 19. Be it further enacted by the authority aforesaid, That no person whose election is contested shall qualify for office in said city and the officers commissioned and serving shall continue to discharge the duties of the office for which contest is being made until such contest is heard and determined. No taking of office pending contest. Section 20. Be it further enacted by the authority aforesaid,

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That in case of a tie between two or more candidates in any election held by the City of Doraville, a new election between the candidates so tied shall be ordered and held within ten (10) days after the results of the election have been declared. Election ties. Section 21. Be it further enacted by the authority aforesaid, That at the first meeting of the City Commission of the City of Doraville held on the first meeting in January of each year, said City Commissioners shall elect one of their number as Vice-Chairman to serve for a term of one year. Commission; Vice-Chairman. Section 22. Be it further enacted by the authority aforesaid, That the Chairman of the City Commission shall be the chief executive officer of the City of Doraville. He shall preside over all sessions of the City Commission and see that all laws, ordinances, resolutions, rules and regulations of said city are faithfully and impartially executed and enforced and that all officers, employees and agents of said city faithfully and efficiently discharge the duties required of them, and shall have general supervision and jurisdiction over the affairs of said city. Chairman, duties, powers. Section 23. Be it further enacted by the authority aforesaid, that the Vice-Chairman shall preside over all sessions of the City Commission in the absence or disability of the chairman. Vice-Chairman. Section 24. Be it further enacted by the authority aforesaid, that said City Commission may appoint a City Clerk, a City Marshal, who shall be ex officio Chief of Police, and as many other policemen as may be necessary, a City Attorney, a City Treasurer, and such other officers and agents as they may deem necessary to carry on the business of said city. The City Commission may require any of such officers or agents to give bond for the faithful performance of their duties in such amount as said City Commission deems necessary. The compensation of all officers, agents and employees of the City of Doraville shall be fixed by the City Commission and they shall serve at the pleasure of said City Commission, provided however, that all police officers employed by said city shall be compensated by a fixed salary, and such officers shall not be entitled to receive any commission, percentage of fines or any other compensation whatsoever. Clerk, Marshal, and Policemen, Attorney, Treasurer.

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Section 25. Be it further enacted by the authority aforesaid, That the City Commission of the City of Doraville shall hold regular meetings once a month on the first Monday of each month at an hour to be fixed by said City Commission. The Chairman may call special meetings, whenever in his judgment it becomes necessary, and should he fail or refuse to call a special meeting, whenever such meeting is necessary in the judgment of the other commissioners, any three of said City Commissioners may call a special meeting by giving to the other Commissioners three (3) days notice in writing. Meetings of Commission. Section 26. Be it further enacted by the authority aforesaid, That three (3) members of the City Commission shall constitute a quorum for the transaction of any business, and a majority of the members present shall decide all questions, except as otherwise provided herein. No ordinance, or resolution having the force and effect of an ordinance shall be passed except at regular meetings of the City Commission and until said ordinance shall have been read at two consecutive regular meetings of said Commission, and no such ordinance or resolution shall be adopted unless the same receives as many as three (3) affirmative votes. The Chairman of the City Commission, or the Vice-Chairman when acting in his stead shall not vote except in case of a tie, or except in cases where ordinances or resolutions with the force and effect of ordinances have received two (2) affirmative votes and his vote shall be necessary to pass said ordinance or resolution. Quorum; ordinances, resolutions; voting. Procedure. Section 27. Be it further enacted by the authority aforesaid, That in the event of a vacancy in the office of one or more of the City Commissioners caused by death, resignation, removal from the city or other cause, the City Commission shall elect some qualified person resident of the City of Doraville to serve the balance of the unexpired term caused by such vacancy. Vacancies. Section 28. Be it further enacted by the authority aforesaid, that it shall be the duty of the City Clerk to attend all meetings of the City Commission, keep minutes and records of the same, attend to the issuance of licenses, sign and issue executions and other writs and process for the collection of taxes, fines and other monies due said city,

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and to perform such other duties as the City Commission may require of him. City Clerk. Section 29. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Marshal to levy and collect all executions for taxes and other monies due said city, to advertise and collect for all sales of property under execution or other process, to execute deeds and other conveyances in such cases, to attend all sessions of police court, collect fines, taxes and other monies due the city except such money as the City Commission may require the City Clerk to collect, and to perform such other services as the City Commission may require. City Marshal. Section 30. Be it further enacted by the authority aforesaid, That it shall be the duty of the City Treasurer to receive, keep, and disburse all monies of the city on proper orders. He shall make itemized reports of all receipts and disbursements and submit the same to the City Commission when directed to do so by said City Commission. He shall pay out money of the City on warrants or checks drawn on him by the City Clerk and countersigned by the Chairman of the City Commission. City Treasurer. Section 31. Be it further enacted by the authority aforesaid, that the City of Doraville shall have a Police Court which shall have jurisdiction over all violations of the ordinances and resolutions of said city. Police Court. Section 32. Be it further enacted by the authority aforesaid, that it shall be optional with the City Commission whether they shall have the Chairman of the City Commission or some other Commissioner as presiding officer of the Police Court or whether they shall elect a Recorder and make him presiding officer of said Court. Should a Recorder be so elected, he shall serve at the pleasure of the City Commission and his compensation shall be fixed by them. Presiding Officer of Court. Section 33. Be it further enacted by the authority aforesaid, that the presiding officer of the Police Court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Doraville and to punish violators of the same. Said Court shall have the power to enforce its judgments by the imposition of such penalties as may

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be provided by law; to punish witnesses for non-attendance; and also to punish for contempts. The presiding officer of said Police Court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Doraville passed in accordance with its charter, to an amount not to exceed One Hundred ($100.00) dollars, or to imprison offenders in the City Jail or DeKalb County Jail for a period of not more than thirty (30) days, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than thirty (30) days. Said presiding officer shall have the power and authority to impose any one or more of these punishments, when in the opinion of the Court the facts justify it. Said Court 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 to punish for contempt, provided such punishment for contempt shall not exceed a fine of Twenty-five ($25.00) dollars or imprisonment in jail for not more than ten (10) days, either one or both. Jurisdiction of Court. Punishments. Powers. Contempt. Section 34. Be it further enacted by the authority aforesaid, that the presiding officer of Police Court shall be to all intents and purposes a Justice of the Peace so as to enable him to issue warrants for offenses committed within the corporate limits of the City of Doraville, and if upon the trial of any case in said Court, it shall appear that any person on trial has committed an offense against the State of Georgia, it shall be the duty of said presiding officer to commit said person to jail or admit him to bail in bailable cases, for his appearance at the next term of a court of competent jurisdiction for said county. Offenses; power to commit, etc. Section 35. Be it further enacted by the authority aforesaid, that the right of certiorari to the Superior Court from the decision of the presiding officer of Police Court shall exist in all criminal cases. Certiorari in criminal cases. Section 36. Be it further enacted by the authority aforesaid, that the Police Court shall be held at such times and places as the City Commission may designate. Times and places of Court. Section 37. Be it further enacted by the authority aforesaid, that the Chairman of the City Commission of the City of Doraville shall have full power and authority to suspend,

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modify or remit any sentence imposed by said Police Court. Commission's power over sentences. Section 38. Be it further enacted by the authority aforesaid, that all police officers of said city shall have power and authority to arrest all persons guilty of disorderly conduct or public indecency, all persons violating ordinances, laws or regulations of said city, and all persons committing or attempting to commit any crime and confine them in the City Prison or the common jail of DeKalb County, to be brought before the police court at its next session, provided that all persons desiring to give bail for their appearance in Court in bailable cases shall be allowed to do so. Powers of police officers. Section 39. Be it further enacted by the authority aforesaid that whenever any defendant shall give bail for his appearance and shall fail to appear at the time fixed for the trial, his bond may be forfeited by the presiding officer of said Police Court, and an execution thereon issued by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two (2) days before the hearing of the rule nisi. Cash may be accepted in lieu of bond and security for the appearance of offenders for trial, and if such offenders fail to appear at time and place fixed for trial, the cash so deposited shall be on order of the presiding officer of said Police Court declared forfeited to the City of Doraville. Bond, forfeiture. Cash bond. Section 40. Be it further enacted by the authority aforesaid that the City of Doraville shall have power and authority to impose, levy and collect taxes annually upon all property, real and personal, within its limits; or in case of personal property, the owner of which resides in said City, upon banking, insurance, and other capital employed therein, as may be deemed necessary by the City Commission, for the support of the government of the city. Said ad valorem tax levy except such as may be made for bonded indebtedness shall not exceed three (3) mills. Powers as to taxation. Section 41. Be it further enacted by the authority aforesaid, That the tax for bonded indebtedness, interest thereon, and sinking fund shall be levied under a separate ordinance which shall specify the purpose for which it was levied, and said taxes shall be used for no other purpose than that specified therein. Certain tax purposes, levy by separate ordinance. Section 42. Be it further enacted by the authority aforesaid,

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That the City Commission shall have full power and authority to levy such license, specific or occupation tax on residents of the City of Doraville and on those who transact business therein, as said commission may deem expedient for the safety, benefit, convenience and advantage of said City; to classify businesses, occupations, professions and callings for the purpose of such taxation as may be legal; to fix the time of payment and to require such person or persons to secure licenses; to compel payment of such licenses and taxes by execution or in any other lawful manner, including penalties in event of failure or refusal to secure such license and to provide suitable penalties for violation thereof. License and occupation taxes, etc. Section 43. Be it further enacted by the authority aforesaid, That the city commission may fix a fiscal year and time for all licenses to expire and may apportion said licenses but shall not be required to do so. Fiscal year for licenses. Section 44. Be it further enacted by the authority aforesaid, that the city commission may, by ordinance, provide punishment of all persons firms or corporations who are required to pay such special tax, who shall engage in or offer to attempt to engage in the business, calling or profession, without first complying in all respects with the city ordinance in reference thereto. Special tax violations. Section 45. Be it further enacted by the authority aforesaid, that the city commission shall have full authority to license, regulate and control, by ordinance, all businesses, which are under the laws of Georgia subject to license or specific tax. Said city shall have the same powers with reference to said licenses as may be herein provided for the enforcement of occupational taxes, specific taxes and to provide for punishment for violations thereof. License, regulation, etc., of businesses. Section 46. Be it further enacted by the authority aforesaid, That the city commission may revoke the license of any business or establishment to which a license may have been grated, in the event the same becomes a nuisance or is dangerous or injurious to the health and morals of the peoples of the City. Nuisance, etc. Revocation of license. Section 47. Be it further enacted by the authority aforesaid, That the city commission of the City of Doraville

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shall have the authority to require the owners of all dogs in said city to pay license tax not exceeding two ($2.00) per dog. Said City Commission shall have the further power and authority to require all owners of such dogs to have such dogs inoculated with anti-rabies vaccine at such times as the city commission may see fit and to require said owners to pay the costs of such inoculations. Dogs. Section 48. Be it further enacted by the authority aforesaid, that the City of Doraville may at its option either use the DeKalb County tax assessments as its base for figuring the amount of taxes due on all real and personal property, or the City Commission may establish a Board of three (3) tax assessors who shall be charged with the duties of receiving and equaling taxes and tax returns. If a Board of tax assessors is established the City Commission is vested with the full power and authority to fix the terms and compensation of its members and to prescribe its duties. Tax assessments. Tax Assessors. Section 49. Be it further enacted by the authority aforesaid, that the city commission of the city of Doraville may by ordinance fix the date for payment of City taxes and they shall have the power and authority to provide that all ad valorem taxes due said City may be paid in quarterly or semi-annually installments at the option of the taxpayers, said payments to be made on estimates of the taxes levied for the previous year, property divided as above provided; final assessment to be made at the time taxes become due for each year. Said city may offer such reasonable discount on such prepayments as it may think wise. When taxes due; how paid. Section 50. Be it further enacted by the authority aforesaid, That it shall be the duty of the Marshal of said City to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on in accordance with the laws governing sheriff's sales in this State. He shall have the same power to place purchasers in possession as have sheriffs of this State. Executions, sales. Section 51. Be it further enacted by the authority aforesaid, That costs of executions and costs of levy and sale shall be the same as executions issued from the office of the Tax Commissioner of DeKalb County. Said executions shall bear interest at the rate of seven per cent. (7%) per annum.

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All sales of property and executions of said city shall be as effectual to pass title to the property as the deed of the owner of recitals of levy, notice, advertisement, public sale, and other provisions in the deed executed shall be evidence of facts recited. Claim or illegality may be interposed under rules and regulations when execution is issued and levied as is now provided by law for claims and illegalities under tax fi. fas. or other fi. fas. issuing from the various Courts of this State. Costs, interest. Title. Claims, illegalities. Section 52. Be it further enacted that the city commission shall provide a sinking fund for the proper retirement of any and all bonds of the City of Doraville. Any person or official otherwise using any part of the sinking fund shall be subject to impeachment by DeKalb Superior Court and to prosecution under the laws of this State. Sinking fund to retire bonds. Section 53. Be it further enacted by the authority aforesaid, That the city commission shall have power and authority to grant franchises, easements, and rights of way in, on, over and under the streets, alleys, squares, sidewalks, lanes, parks and other property of the said city. They shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances. Franchises, easements, etc. Violations of ordinances. Section 54. Be it further enacted by the authority aforesaid, That the city commission shall have the power and authority to prescribe the method of making application for any such franchise, easement, permit, or right of way, and to provide when such franchise, easement, permit, or right of way, if granted, shall become operative and generally to prescribe rules and regulations with respect to the application, the filing, the publication of notice, granting of the same. Procedure as to franchises, etc. Section 55. Be it further enacted by the authority aforesaid, That the city commission shall have the power and authority to use any street, alley or alleys, or other passage ways in said city for railroad, telegraph, telephone, gas, water and electric lights. In granting such franchise they shall fully and completely guard and protect every interest, present and future of said city, and no franchise granted

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hereunder shall carry with it any power, right or privilege except as specifically enumerated enumerated and named therein. Use of streets, alleys, etc., for railroad, telegraph, etc., franchises. Section 56. Be it further enacted by the authority aforesaid, That the city commission shall have the power and authority to open, close, lay out, widen, straighten, or otherwise change the streets, alleys, sidewalks, crossings or other passage ways of said city and shall have the power to vacate, close up, open, alter, grade, fill, curb, pave, drain, and repair the same. They shall have the power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining same, and also have power to prescribe by ordinance for the curbing, paving of all the squares, triangles and intersections of said city as they may deem necessary from time to time. They shall prescribe the kind of material to be used in such construction, and shall fix the time when notice is to be given and when the work shall be completed, to supervise the construction of the same, to have power to reject work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing, railroad crossing, or other passage ways to be paved in such a manner with such materials by resolution or ordinance. They shall have full power and authority to provide for the construction and maintenance of sewers and sewer systems. The city commission shall have the power to charge, assess and collect the expense and costs of all of such improvements against abutting property owners, and shall have full authority to enforce such ordinances, rules and regulations, and provide such penalties and issue such executions, as may be necessary to carry out the purpose of this section. Upon failure of the abutting owners, or those occupying those streets after notice to comply with the requirements of the section; they shall also direct their offices or persons in their employment to carry out and execute the provisions of said ordinance in reference to the sidewalks, pavements and street crossings at expense of the owner so refusing or failing to comply with said ordinance, and the said City Commission is hereby empowered to issue executions for said work, and expense against said owner and collect the same, as in case of executions for taxes. Powers as to streets, sidewalks, alleys, etc. Curbing, paving. Sewers. Expense of improvements.

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Section 57. Be it further enacted by the authority aforesaid, That the City Commission shall be vested with the full power and authority to condemn property within or without the said city necessary for public purpose in accordance with the method of procedure of the condemnation of property provided by the laws of Georgia. Condemnation. Section 58. Be it further enacted by the authority aforesaid, That the city commission shall have full power and authority to regulate the running of all railroad trains, bus lines in the city, as well as terminals, to prescribe the manner in which the same shall be run, and the rates of speed and to provide for the necessary terminal. Railroad trains, bus lines, terminals; speed. Section 59. Be it further enacted by the authority aforesaid, That the city commission shall have full power and authority to regulate the running speed and parking of buses, trucks, automobiles, trailers, and other vehicles upon the streets, alleys, or other public places in said City, and shall have the power and authority to provide for the punishment for any infraction of such ordinances, rules or regulations. Speed and parking of vehicles. Section 60. Be it further enacted by the authority aforesaid, That the city commission of the City of Doraville shall have power and authority to pass and enforce Zoning laws and ordinances and planning laws with respect to said city and shall have the power to regulate the use for which said Zones or Districts as may be set apart, fixed and established, shall be used and enjoyed by the real owners of property therein and the manner in which real estate in such Zones or Districts may be improved and developed, and enact such ordinances rules and regulations with respect thereto as the general welfare, public health and public safety demand. That the city commission of the City of Doraville is authorized to promulgate rules, regulations and ordinances whereby the City of Doraville, Georgia, may be zoned and districted for various use, and other or different uses prohibited therein; and to regulate the use or uses of such zones or districts may be set apart, to promulgate rules, regulations and ordinances for the development of real estate. The City Commission may in the interest of public health, safety, comfort, prosperity and general welfare, adopt by ordinance a plan or plans, for districting

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or zoning of said city for the purpose of regulating of trades, industries, apartment houses, filling stations or other uses of property, or for the purpose of regulating the heights of buildings, fences or other structures near street frontages. The zones into which the city is divided may be of such shape and area as the city commission may deem best suited to accomplish the purposes of zoning regulations. Zoning and planning. Ordinances, rules, and regulations. Trades, industries, apartment houses, buildings, etc. Section 61. Be it further enacted that the City Commission of the city of Doraville shall have the power and authority to issue bonds of said city at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they deem proper; the said bonds shall not bear interest in excess of five per cent per annum, and shall not run for a period longer than thirty years from the date of issue, but may bear interest at a lesser rate or run for a shorter period of time in the discretion of said City Commission. Said bonds may be issued, hypothecated and sold for the purpose of establishing, maintaining, equipping, extending, operating and repairing a system of water works, a system of sanitary sewerage, a crematory, a system of street lights, paving or macadamizing streets or sidewalks, erection of necessary public buildings, an adequate fire department, a hospital, drainage, or for any other public project allowed by law. Said bonds shall be signed by the Chairman of the City Commission and by the City Clerk under the corporate seal of the City of Doraville, and shall be negotiated in the manner determined by the City Commission to be in the best interest of said city, provided however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose, under and in conformity with the general laws of the State of Georgia governing the issuance of bonds by a municipal corporation. Bonds. Referendum. Section 62. Be it further enacted by the authority aforesaid, That the city commission shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said city at such times or time as they deem best for the improvements designated herein. And said City Commission

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shall provide how said debt shall be paid and shall constitute a sinking fund for that purpose, and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt. Bond elections. Provisions for debt payment; sinking fund, tax. Section 63. Be it further enacted by the authority aforesaid, That said city commission shall have power by appropriate ordinances to issue revenue anticipation obligations, to provide funds for the purchase or construction, in whole or in part, of any revenue-producing facility which such municipality is authorized by the Act of the General Assembly approved March 31st 1937, known as the Revenue Certificate Laws of 1937, as amended by the Act approved March 14, 1939, to construct and operate. Said certificates shall not constitute a debt against said City of Doraville, and shall be issued and validated in accordance with the provisions of the above mentioned Acts of the General Assembly. Revenue-anticipation certificates. Section 64. Be it further enacted by the authority aforesaid, That said City of Doraville may enter into a contract for a period not exceeding fifty years, with the county of DeKalb, the State of Georgia, any state institution, public agency, public corporation, or authority now or hereafter created for the use by the residents of the city of Doraville of any water system, sewerage system, fire protection system, hospitalization facilities, or any other public facilities or services which municipalities are authorized by law to undertake. Contracts as to water, sewerage, fire, hospitalization, etc. Section 65. Be it further enacted by the authority aforesaid, That any such contract shall be approved by the city commission of said city and shall be executed on behalf of the City by the Chairman of the city commission and the City Clerk under the corporate seal of the City of Doraville. Approval by Commission of contract; execution. Section 66. Be it further enacted by the authority aforesaid, That the City Commission of said City of Doraville is empowered in connection with any contract authorized under the two preceding paragraphs herein, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by said City of Doraville, for the benefit of the residents of said City, provided however, that the lands, building and equipment

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so conveyed, shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by said city. Nothing in this section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority. Conveyance of existing facilities, in connection with contract. Proviso. Pledging of revenues. Section 67. Be it further enacted that the city commission shall have the authority to levy and collect a Sanitary Tax and to provide a method for the collection of the same. Said tax shall not exceed the sum of three ($3.00) dollars for every unit used by one family as a residence and five ($5.00) for each single unit used for business purposes. Sanitary tax. Section 68. Be it further enacted by the authority aforesaid, That the city commission of the city of Doraville shall have the power to prohibit the sale of beer, wine, whiskey or other intoxicating liquor in said city. Should the sale of any of said liquors be now or hereafter legal in the county of DeKalb, the city commission of said city may, in its discretion provide for the sale of said liquors in said city and may prescribe the times, places and manner of selling the same and may fix a license tax for said sale at a sum not exceeding five hundred ($500.00) dollars per annum. Intoxicants. Section 69. Be it further enacted by the authority aforesaid, That the city commission of the City of Doraville shall have the power and authority to prohibit the operation within the limits of said City any pool hall, billiard hall, bowling alley, dance hall or tourist camp. No person, firm or corporation shall have the right to operate any of the above listed businesses, without first obtaining a permit from said City Commission which shall have the right to grant or refuse the same and power is hereby conferred on said city commission to revoke any licenses granted to such businesses whenever they deem it to the best interests of the City of Doraville. Said Commission may fix the license fee to be paid by such businesses if granted at an amount not exceeding five hundred ($500.00) dollars, per annum. Pool halls, bowling alleys, dance halls, tourist camps. Permits, license fees.

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Section 70. Be it further enacted by the authority aforesaid, That in the event any article, section, paragraph or provision 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 of said Act, but the same shall remain in full force and effect. If part of Act illegal. Section 71. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 28, 1947. STONE MOUNTAIN LIMITS EXTENDEDELECTIONS TO DETERMINE. No. 340 (House Bill No. 445). An Act to amend the Charter of the City of Stone Mountain approved on August 21, 1929, as amended by the several subsequent acts, by providing for an extension of the corporate limits of said municipality by amending Section Two and Section 80 of said act and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the act of August 21, 1929, providing for a new charter for the City of Stone Mountain be amended so Section 80 of said Act when amended shall read as follows: That the Mayor and General Council of said City of Stone Mountain shall have a right and power to extend the City limits of said City to a radius of 2000 yards from the said Georgia Railroad depot as now located in said City if and provided that the Mayor and General Council shall call an election after the same has been advertised once a week for three weeks in the newspaper in DeKalb County in which the sheriff's advertisements are published, and also once a week for three weeks in some local paper published in the City of Stone Mountain if there be such, at least thirty days before said election notifying all qualified voters in that area which will be incorporated, said election

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will be held on a certain day fixed by the Mayor and General Council, between the hours of 7 A. M. and 7 P. M. in the City Hall of said City and all persons duly qualified to vote for the members of the General Assembly for the State of Georgia, shall have a right to vote at said election held for that purpose and should a majority of those voting in said election vote that they desire to be incorporated in the municipality of said City of Stone Mountain then, within forty days from said date of said election, the Mayor and General Council of the City of Stone Mountain shall have a right to call an election to determine whether or not the now existing municipality and all persons residing therein who are qualified to vote for the members of the General Assembly of the State of Georgia, shall have a right to vote at an election held for that purpose to determine if they so desire to incorporate the new territory and should a majority of those voting in said election for the same, then said new territory shall be annexed to said City of Stone Mountain. Said election shall be held at the City Hall of said City and between the hours of 7 A.M. and 7 P.M. Secs. 2 and 80, act of 1929, amended. Sec. 80 to read. Extension of city limits; advertisement, election for area affected. Election for voters in city. Section 2. Be it further enacted by the General Assembly of this State and it is hereby enacted by the same that the act of August 21, 1929, providing for a new charter for the City of Stone Mountain, be amended and particularly Section Two of said Act and inserting thereto as follows: Be it further enacted that the corporate limits of said City of Stone Mountain shall be a 2000 yards radius in every direction from the center of the Georgia Railroad depot in said City and its territory being embraced in the circle thus traced by using a 2000 yards radius from the center of said depot instead of a 1000 yards radius as described in Section Two of said charter as shown by acts of August 21, 1929, if and should a majority of voters voting in an election held for that purpose as above set out, but should a majority of the qualified voters not vote for the extension of said City as set out in this amendment then the City limits of said City shall remain and shall be embraced within a 1000 yards radius from the Georgia Railroad depot now located in said City. Sec. 2 amended. City limits described, according to election. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith, the same are hereby repealed,

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provided all corporate powers heretofore granted to said municipality shall remain in full force and effect to be executed in the manner and method provided by this act. Approved March 28, 1947. EAST POINT CHARTER AMENDMENTSEMPLOYEES' RETIREMENT; TAXATION; ELECTIONS. No. 341 (House Bill No. 462). An Act to amend an act entitled An Act to Create a New Charter for the City of East Point in the County of Fulton (Georgia Laws, 1912 pp. 862 et seq.) etc., approved August 19, 1912, and the several acts amendatory thereof, so as to provide for the payment of disability benefits under the employees' retirement charter amendment of 1946; to provide when such disability benefits shall be paid; to provide for assessment of property of tax assessors for taxation by three other freeholders not connected with the Board of Tax Assessors; to provide that in all elections and appointments of officers, agents and employees by the City Council of East Point the person receiving a plurality of all the votes cast in such election or appointment shall be declared elected or appointed as the case may be, provided such person is otherwise qualified; to provide for absentee voting; to provide for qualification and registration of voters; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Section 11 (b) of an act approved January 31, 1946, creating a retirement board and a retirement plan for East Point employees, reading as follows: Sec. 11(b), act of 1946, amended. 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 hazards, the amount of such benefits and their duration shall be fixed by

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the Retirement Board. The Monthly payments, however, shall not exceed the maximum amount fixed in paragraph (a) of this section at retirement age, be and the same is hereby amended by striking from the same the words resulting from occupational hazards, so that said Section 11 (b) as amended will read as follows: 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. The amount of such benefits and their duration shall be fixed by the Retirement Board. The monthly payments, however, shall not exceed the maximum amount fixed in paragraph (a) of this section at retirement age. To read. Total and permanent disability resulting from occupational hazards. Section 2. Be it further enacted by the authority aforesaid that the City Council of East Point be and it is hereby authorized and empowered to provide by ordinance for voting by absentees in City of East Point elections by use of an absentee ballot under such conditions and in such manner as may be provided by ordinance by the City Council of East Point. Absentee voting authorized. Section 3. Be it further enacted by the authority aforesaid that Section 62 of an Act approved August 19, 1912 providing that taxes on property in the City of East Point subject to taxation to be due and payable semi-annually on the first days of June and December (Georgia Laws 1912, p. 901) be and the same is hereby amended by striking said section in its entirety and by substituting in lieu thereof the following: Sec. 62, act of 1912, amended. All taxes due said City of East Point on all property therein subject to taxation shall be due and payable at the same time state and county taxes are due and payable in each year. Said City of East Point shall have the authority to regulate by ordinance the manner of making returns and assessments, and to provide for the issue and levy of executions and the making of sales of property thereunder for any unpaid taxes, in the same manner, so far as practicable, as prevails in the levy, assessment and collection of county taxes except that it shall not be necessary for the ordinance assessing taxes to point out each separate item of city expenses to be paid

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by any particular percentage of tax levied, nor shall it be necessary to point out the particular expenses for which each and every dollar of taxes is levied, assessed and collected; provided, that the owner of property sold at tax sale shall have the right of redemption, and on the same terms as heretofore; provided, further, that should the taxes be paid in advance on or before the first day of June of the year in which such taxes are due the City Council of East Point may allow a two percent discount thereon. All taxes shall bear interest at seven percent per annum from the date when due. Taxes due, when and how assessed and collected. Section 4. Be it further enacted by the authority aforesaid that Section 67 of an act approved August 19, 1912 creating a new charter for the City of East Point (Acts 1912, pp. 905-906) be and the same is hereby amended by adding at the end of said paragraph these words: Sec. 67, act of 1912, amended. Notwithstanding any other provision of this act, in case any sewer or other line of pipe, or other means of communication, conveyance, transportation or connection be laid or constructed in, to, under, through or over any public or private property of any person, firm, corporation or institution to serve the needs or requirements of any person, firm, corporation, association, club or institution in circumstances not common to the public such person, firm, corporation, association, club or institution requiring such service not under circumstances common to the public shall be required to pay said city the fair and reasonable cost of such sewer, water, or other facilities, and said cost of such shall be assessed against the person, firm, corporation, association, club or institution thus benefited or served, and said assessment shall constitute a lien on all of the property of such especially served in such case, and shall be enforced in like manner and under the same procedure as liens for street and sidewalk improvements have heretofore been enforced within said city, and if payment of such assessment be refused on demand execution for the same shall be issued by the city clerk and turned over to the city marshal for levy, sale and collection as in other executions. This amendment providing for assessment of expense of such special facilities or services is to cover cases where services or

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facilities out of the ordinary are required, or the expenses of which are unsual in amount, or in their nature, or in that they are exceptional, the most frequent example of which is the individual who purchases a lot in a ditch or hole from which it is impossible to pipe water or sewage without special or exceptional provision for so doing, or builds on, or buys premises which can be served only by pipe or other utilities through property of other persons, which pipe or facilities can be of no use or benefit to any person except the ones requiring the special pipe or facilities over the private property of other people. Cost of sewer and other transportation lines, etc., constructed for service not common to the public. Tax lien. Examples. Section 5. Be it further enacted by the authority aforesaid that Section 1 of an Act approved March 24, 1933 amending the charter of the City of East Point (Georgia Laws 1933, p. 920) be and the same is hereby amended by striking the first paragraph of said section and inserting in lieu thereof the following: Sec. 1, act of 1933, amended. Be it enacted by the authority aforesaid that the City Council of the City of East Point shall have authority to provide by ordinance for the return of all property in the City of East Point for purposes of taxation, whether such property be real, personal or mixed, tangible or intangible, and to require all persons owning such property to file a return thereof in writing under oath to the Board of Tax Assessors of said city, upon such forms and at such time as the City Council of the City of East Point shall prescribe by ordinance Tax returns. so that said section as amended will require tax returns to be filed with the Board of Tax Assessors rather than the city clerk in and for the City of East Point. Section 6. Be it further enacted by the authority aforesaid that Section 6 of an act approved August 19, 1912 creating a new charter for the City of East Point (Georgia Laws 1912, p. 868) be and the same is hereby repealed and there is hereby enacted in lieu thereof a whole new section 6 to read as follows: Sec. 6, act of 1912, amended. Any citizen who shall have paid all taxes and licenses due by him to the City of East Point and shall have done all street work legally required of him by the City Council,

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and who has resided in said city six months next before said election, shall be qualified to vote in an election for mayor and council and other municipal elections. The City of East Point shall have power and authority to pass such rules and regulations as it may deem proper providing for the registration of voters in its municipal election, and the furnishing of lists thereof to the managers. All municipal elections shall be held by a justice of the peace and two freeholders, or by three freeholders to be designated by the City Council of East Point, and said election shall otherwise be held under the same rules and regulations as are now or may hereafter be provided by law for the election of members of the General Assembly of Georgia except as herein otherwise provided; provided, that registration to qualify persons to vote in state or county elections shall not be required. Qualified voters at election for Mayor and Council. Registration. Elections, how held. Section 7. Be it further enacted by the authority aforesaid that Section 5 of an act approved August 19, 1912 creating a new charter for the City of East Point (Georgia Laws 1912, p. 867) be and the same is hereby repealed in its entirety and a new section enacted in lieu thereof to read as follows: Sec. 5, act of 1912, amended. Be it further enacted, that every person who shall have attained the age of 18 years and who is a citizen of the United States, and who shall have resided and had his or her domicile in the State of Georgia for one year and in the County of Fulton for six months and in the City of East Point for six months next preceding the date of election, and who have registered with the Board of Registrars of the City of East Point as required by law shall be qualified to vote at any election held in the City of East Point under its charter, provided they have not become disfranchised or disqualified by removal from said city or by reason of conviction of a crime. Qualified voters at any election. Section 8. Be it further enacted by the authority aforesaid that Section 9 of an act approved August 19, 1912 creating a new charter for the City of East Point (Georgia Laws 1912, p. 869) be and the same is hereby repealed in its entirety and a new section enacted in lieu thereof to read as follows: Sec. 9, act of 1912, amended.

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Be it further enacted, that if any person offering to vote at any election in the City of East Point is challenged he or she as the case may be shall take the following oath: `I do solemnly swear that I am 18 years of age; that I am a citizen of the United States; that I have resided in and had my domicile in the state of Georgia for one year, and in the county of Fulton for six months, and in the City of East Point for six months immediately preceding this election; that I have registered according to law and am otherwise qualified to vote in the City of East Point elections, and that I have not voted in this election. So help me God.' Said oath shall be in writing and shall be administered by any person authorized to administer an oath, and for this purposes any election manager shall have such authority while holding an election. Such oath shall be filed immediately with the city clerk who shall preserve the same for six months. And no person challenged shall be allowed to vote if he refuses to take said oath. Any person voting illegally at any election in the City of East Point shall be liable to the same penalties prescribed by the Laws of the State of Georgia for illegal voting in the state and county elections, and may be prosecuted for the same in any court in Fulton County having jurisdiction of the same. Challenges. Illegal voting, punishment for. Section 9. Be it further enacted by the authority aforesaid that Section 73 of an act approved August 19, 1912 creating a new charter for the City of East Point (Georgia Laws 1912, p. 909) be and the same is hereby amended by adding at the end thereof these words: Sec. 73, act of 1912, amended. Said Board of Tax Assessors shall be disqualified to assess the value of their own property, and for the purpose of fixing the value for taxation of property owned by members of said Board the City Council of East Point is authorized and required to appoint three disinterested freeholders of said city who shall take an oath to assess all property in said city belong to members of the City's Board of Tax Assessors at the fair market value to the best of their skill and knowledge, and any tax assessor dissatisfied with any assessment so made by said three freeholders may appeal to the City Council of East Point. Persons appointed to assess the value of tax assessors'

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property shall have the same power, authority, and jurisdiction for said purposes as the Board of Tax Assessors has in determining and fixing value of properties of other persons in said city. The compensation of persons appointed to assess the value of property of tax assessors shall be fixed by the City Council of East Point. Assessment of property of Tax Assessors. Section 10. Be it further enacted by the authority aforesaid that Section 14 of an act approved August 19, 1912 creating a new charter for the City of East Point (Georgia Laws 1912, pp. 871-872) be and the same is hereby amended by adding at the end of said section the following words: Sec. 14, act of 1912, amended. The City Council of East Point shall be convened in special, called, or extra session by the city clerk of East Point on written request of four aldermen on refusal of the mayor, and mayor pro tem, or when the mayor and mayor pro tem are absent, disqualified or disabled, or in case of the death of the mayor and mayor pro tem, the purpose of said meeting to be set out in said written request and the ground upon which it is called at the request of aldermen rather than the mayor. The mayor pro tem shall be clothed with all of the power, authority, and jurisdiction of the mayor in the absence, disability, death or disqualification of the mayor. Special sessions of City Council. Mayor Pro Tem. Section 11. Be it further enacted by the authority aforesaid that Section 14 of an act approved August 19, 1912 creating a new charter for the City of East Point (Georgia Laws 1912, pp. 871-872) be and the same is hereby amended by adding at the end thereof the further provision that: Sec. 14, act of 1912, amended. At the first regular meeting thereof next after the filing of a veto with the city clerk by the mayor the City Council of East Point shall reconsider the action thus vetoed and the reasons assigned by the mayor for his disapproval, and unless such veto be overruled at such next regular meeting after the same has been filed with the city clerk the action of the City Council of East Point thus disapproved by the mayor of said city shall not become of force, and said veto shall not thereafter be considered nor acted upon. Mayor's Veto. Section 12. Be it further enacted by the authority

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aforesaid that Section 25 of said act approved August 19, 1912 (Georgia Laws 1912, pp. 878-879) be and the same is hereby amended by adding at the end thereof these words: Sec. 25, act of 1912, amended. If such expense be not paid on request execution for the full amount thereof shall be issued by the city clerk and enforced by levy and sale, garnishment, attachment or any other available remedy, as other executions. Expense, abatement of nuisances. Section 13. Be it further enacted by the authority aforesaid that Section 27 of said act approved August 19, 1912 (Georgia Laws 1912, p. 879) be and the same is hereby amended by adding at the end thereof: Sec. 27, act of 1912, amended. It shall be the duty of the City Council of East Point to name a depositary for city funds at the reorganization meeting of the City Council of East Point in January in each year, but it may be done at any other meeting, and ownership of shares of stock in a bank named as depositary for city funds shall not disqualify aldermen from voting on such matter nor invalidate the deposit of city funds in such depositary if such deposit be subject to check and not on time deposit and such depositary furnish security of equal value to that offered or furnished by any other banking institution. Depositary for city funds. Section 14. Be it further enacted by the authority aforesaid that Section 21 of said act approved August 19, 1912 (Georgia Laws 1912, p. 880-881) be and the same is hereby amended by adding at the end thereof: Sec. 21, act of 1912, amended. The offices of City Treasurer and City Clerk may be combined by Ordinance by the City Council of East Point, and in such event the duties of City Treasurer and City Clerk shall be discharged by the same person. Offices of City Treasurer and City Clerk. Section 15. Be it further enacted by the authority aforesaid that Section 30 of said act approved August 19, 1912 (Georgia Laws 1912, p. 881-882) be and the same is hereby amended by adding at the end thereof: Sec. 30, act of 1912, amended. It shall be the duty of the City Clerk of the City of East Point to serve as City Treasurer if these two offices be combined by Ordinance adopted by the City Council of East Point. City Clerk to be City Treasurer if offices combined. Section 16. Be it further enacted by the authority aforesaid that Section 8 of an act approved March 24, 1939

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(Georgia Laws 1939, p. 1018 et seq.) amending the Charter of the City of East Point, be and the same is hereby amended by adding at the end of said Section 8 the following: Sec. 8, act of 1939, amended. Provided, however, that by Ordinance the City Council of East Point may require notice of the time and place of hearing of objections to the adoption of any plan or Ordinance to rezone to be posted on the lot or parcel of land to be rezoned. Hearing on rezoning. Section 17. Be it further enacted by the authority aforesaid that Section 22 of said act approved March 24, 1939 (Georgia Laws 1939, p. 1018 et seq.) amending the Charter of the City of East Point be and the same is hereby amended by adding at the end thereof: Sec. 22, act of 1939, amended. The City shall likewise have power and authority by Ordinance to levy, assess, and collect sanitary taxes not in excess of the fair and reasonable cost of sanitary service furnished residents not owners of the premises where they reside. Likewise to levy, assess and collect sanitary taxes not in excess of the fair and reasonable cost of sanitary services furnished for sanitary services rendered by said City to business houses, establishments, partnerships and corporations, and said sanitary tax shall be at a fair and reasonable rate for the services furnished, and shall be uniform on each different class of business and residents; and for the purposes of equitably fixing, levying, assessing and collecting sanitary taxes the City Council of East Point is hereby authorized and empowered to classify residents, families, dwellings, apartments, individual businesses, professions, callings, trades, vocations, establishments, mills, factories, stores, merchants and institutions within said city, and said sanitary tax shall not be restricted to three dollars as heretofore, and so much of Section 65 of said Act approved August 19, 1912 (Georgia Laws 1912, p. 862 etc.) and so much of Section 22 of said act approved March 24, 1939 amending the Charter of the City of East Point (Georgia Laws 1939, p. 1028) as is in conflict with this Section be and the same is hereby repealed. Sanitary taxes. Parts of acts of 1912 and 1939 repealed. Section 18. Be it further enacted by the authority aforesaid that Section 8 of said act approved March 24,

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1939 (Georgia Laws 1939, p. 1021-1022) be and the same is hereby amended by adding at the end of said Section these words: Sec. 8, act of 1939, amended. No plan, resolution or Ordinance recommended by the zoning and planning commission for adoption by the City Council of East Point, and then rejected by the City Council of East Point, shall ever thereafter be adopted by the City Council of East Point, and if any plan, resolution or Ordinance recommended by said Zoning and Planning Commission be rejected or not adopted by the City Council of East Point the same shall never again be acted upon by said Zoning and Planning Commission or the City Council of East Point except upon a new application filed and notice served and all interested parties given an opportunity to be heard as if the matter had never previously been heard or considered. Zoning and planning proposals. Section 19. Be it further enacted by the authority aforesaid that Section 7 of an act approved December 29, 1937, amending the Charter of the City of East Point (Georgia Laws extra session 1937-1938, p. 1089 and 1090) be and the same is hereby amended by adding at the end of said Section these words: Sec. 7, act of 1937, amended. Provided, however, that no person shall be entitled at the expiration of his or her six months probationary period of employment to claim that he or she has been employed, elected or appointed as a regular or permanent officer, agent or employee, nor to claim that he or she, as the case may be, has been employed, appointed or elected for an indefinite term during good behavior and efficient service, except such persons as shall have been, at the expiration of said six months probationary period of employment or service, formally elected, employed or appointed by the City Council of East Point to serve during good behavior and efficient service. No person shall become a permanent or regular employee, officer or agent of the City of East Point for and during good behavior and sufficient service by reason of working after completion of said six months probationary period without the affirmative action of the City Council of East Point making such persons regular or permanent employees,

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officers, or agents entitled to continue during good behavior and efficient service. Probation period of employment. Section 20. All laws and part of laws in conflict with this Act are hereby repealed. Approved March 28, 1947. EAST POINT CHARTER AMENDMENTSTERMS OF MAYOR AND ALDERMENREFERENDUM. No. 342 (House Bill No. 464). An Act to amend an act entitled An Act to Create a New Charter for the City of East Point in the County of Fulton (Georgia Laws, pp. 862 et seq.) etc., approved August 19, 1912 and the several acts amendatory thereof, so as to change the terms of office of Alderman and Mayor from two years to four years; to provide that such change shall not lengthen the present term of any alderman or mayor or the term for which any candidate has been nominated; to provide that before this act shall become of force it shall have the approval of a majority of the qualified voters of said city voting at an election to be called for that purpose by the City Council of East Point; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Section 4 of an act approved August 19, 1912 creating a new charter for the City of East Point Georgia Laws 1912, pp. 866-867) as amended by an act approved August 18, 1927 amending the charter of the City of East Point (Georgia Laws 1927, pp. 1079-1081) be and the same is hereby amended by repealing said original section of said Act of 1912 and the amendment thereof as the same appears in the Act of 1927; and that there be and is hereby enacted in lieu thereof the following: Acts of 1912 and 1927 amended. The mayor and two aldermen from each ward of the City of East Point shall collectively be known as `City Council of East Point.' On the second Tuesday in December,

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1947 in the City of East Point there shall be held an election for aldermen in each of the wards for said city. Said election shall be held at such election precincts at such location within the several wards of said city as the City Council of East Point may designate. The aldermen elected at said general election in December, 1947 shall serve for a term of three years, and until their successors are elected and qualified. The successors in office of said aldermen elected at said general election in December, 1947 when elected in December, 1950 shall serve for a term of four years, and until their successors are elected and qualified; and quadrennially thereafter elections shall be held in the several wards of said city on the second Tuesday in December for the election of one alderman each from the respective wards of said city to represent said city in the City Council of East Point. Election for aldermen in 1947 and quadrennially thereafter. Terms. On the second Tuesday in December, 1948 in the City of East Point there shall be held an election in each of the several wards of said city for one alderman. Said election shall be held at such precincts located at such places in the several wards of said city as the City Council of East Point may designate. The aldermen elected at said general election in December, 1948, and their successors in office, shall each serve for a term of four years, and until their successors are elected and qualified. Quadrennially thereafter on the second Tuesday in December an election shall be held in each of the wards of said city to fill vacancies occuring in the City Council of East Point by virtue of expiration of the term of office of alderman. Election in 1948 and quadrennially thereafter for one alderman for each ward. Terms. On the second Tuesday in December, 1948 in the City of East Point there shall be held an election for mayor. Said election shall be held in such precincts located at such places in the various wards of said city as may be designated by the City Council of East Point. The person elected mayor at said general election in December, 1948, and his successors in office, shall serve for terms of four years, and until their successors are elected and qualified. Quadrennially thereafter on the second Tuesday in December

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an election shall be held to fill vacancies occurring in the office of mayor by virtue of expiration of the term of office. Elections of Mayor. The present incumbents shall continue to hold the offices of mayor and aldermen until the expiration of their present terms of office. The Mayor and three aldermen shall constitute a quorum. In the event of a vacancy in the office of mayor or of any member of the council, from any cause other than expiration of their term, then and in that event the City Council of East Point shall have power and authority to order, and shall order an election to fill such vacancy, and said election shall be held within thirty days from the date of the order aforesaid, during which thirty days said order shall be published in the official gazette of the City of East Point, and in such other manner as the City Council of East Point may designate. Publication of said order shall be at least fifteen days prior to said election. Said elections shall be held at the usual place of holding elections for aldermen and mayor in the City of East Point, and in all respects regulated, managed and controlled in the manner heretofore provided for the election of such offices. The term of office of each alderman elected at the general election in December, 1947 shall begin at the reorganization meeting of the City Council of East Point on Tuesday after the first Monday in January, 1948. The term of office of the mayor elected at the general election in December, 1948 shall begin Tuesday after the first Monday in January, 1949. The term of office of the aldermen elected at the general election in December, 1948 shall commence on Tuesday after the first Monday in January, 1949. The term of office of mayor and aldermen shall be four years instead of two years commencing with the mayor and aldermen elected at the general election in December, 1948, but in order that the terms of aldermen be staggered so that one from each ward shall have two years experience when new ones are elected aldermen elected at the general election in December, 1947 shall be elected for a term of three years instead of the present two year term. Thereafter all mayors and aldermen shall be elected for a term of four years, except in the event of an election to fill a vacancy in which event the officer elected to fill a vacancy shall

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qualify immediately upon the declaration of the result of his election and and enter immediately upon the discharge of his duties and shall fill the unexpired term of the officer whose term he has been elected to finish. Under no circumstances shall this charter amendment be construed to lengthen or any way affect the term of the mayor and aldermen now in office. Elections to fill vacancies. Terms of Mayor and Aldermen. In the event a person elected to the office of mayor or alderman dies after election and before the term for which he has been elected begins, or if for any other reason a person who shall have been duly elected to the office of alderman or mayor shall after such election and before the term commences for which such person has been elected, become disqualified or declines to serve or for any other reason cannot or will not assume and discharge the duties of the office, immediately upon such fact being established to the satisfaction of the City Council of East Point it shall be the duty of the City Council of East Point to order an election to fill such office as if a vacancy in office had already occurred; provided, that the unexpired term of the incumbent of such office shall not, by election to fill such vacancy, be in anywise shortened. Special election to fill vacancy before term begins. Section 2. Be it further enacted that before the provisions of this act shall become of force the same shall be submitted to the qualified voters of the City of East Point at an election to be called by the City Council of East Point for such purpose, and if a majority of those voting at said election approve this act, then each and all of the provisions of this act shall become of full force and effect, but if a majority of those voting at said election shall fail to approve this act, then the same shall remain inoperative. At said election those voting in favor of this act becoming operative shall have written or printed on their ballot the words, For four year term, and those voting against this act shall have written or printed on their ballot the words Against four year term. Said election shall be held in the same manner as elections for mayor and aldermen are held as far as practicable, and the managers of said election shall make their returns to the City Council of East Point which shall receive the same and declare the results

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thereof, which shall be entered on the minutes of the City Council of East Point. Said City Council is hereby authorized to fix the date for said election at such time as it may deem proper within not less than sixty nor more than ninety days from the date of approval of this act by the Governor, and said City Council of East Point is authorized to give such notice of the time and place of such election as in its judgment will be ample and proper. Referendum. Section 3. Be it further enacted that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 28, 1947. ROSSVILLE CITY CHARTERREFERENDUM. No. 343 (House Bill No. 478). An Act to create a new Charter and a Municipal Government for the City of Rossville, in the County of Walker, and to provide for a Mayor and Council form of government, with a City Manager; to define the rights and powers of the municipality; define the corporate limits thereof, and to repeal all former Charters and Laws amendatory thereof and in conflict therewith, and to repeal all of said former Acts not contained in this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, Section 1. That the inhabitants of the territory hereinafter described, all of which is located in the 9th District and 4th Section of Walker County, Georgia, be and are hereby incorporated under the name and style of the CITY OF ROSSVILLE a body politic and corporate, and by that name shall have perpetual succession, and is hereby invested with all the right, powers and privileges incident to municipal corporations in the State of Georgia, and all rights, powers, titles, properties, easements and hereditaments, within or without its corporate limits, now belonging

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to said City of Rossville; shall be and are hereby vested in said City of Rossville as created by this Act and the said City of Rossville as created by this Act may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded with, have and use a common seal, make and enact, through its Mayor and Council, such ordinances, bylaws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said City as said Mayor and Council may deem proper, not in conflict with this Charter, nor in conflict with the Constitution and Laws of the State of Georgia nor in conflict with the Constitution and Laws of the United States of America. And the said City of Rossville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate, real or personal, lands, tenements and hereditaments of whatsoever kind, within or without the limits of said City for corporate purposes, and the said City of Rossville shall have the right to rent, lease, or operate any and all public buildings for any purpose whatsoever; and said City shall have the right and power to receive gifts, donations, bequests and public trusts and agree to conditions and terms accompanying the same, and the Mayor and Council of said City is hereby empowered to bind said City to carry out the same. Said City of Rossville as created by this Act, shall succeed to all the rights and remedies of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of the present City of Rossville and its former governing authorities as a body corporate as heretofore incorporated. Incorporation. General rights and powers. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Rossville are hereby declared to be as follows: Beginning on the State line between Georgia and Tennessee at a point Twenty-eight hundred (2800) feet, more or less, west of the point where Rossville Avenue crosses said State line, being One Hundred (100) feet west of the West boundary line of A. E. Morrison's Third Addition known as Elmwood Park, thence South in a straight

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line Twenty-four hundred (2400) feet, more or less, to a point on Maple Street opposite Carden Avenue, thence West along Maple Street Twelve hundred (1200) feet, more or less, to the corner of Maple Street and Bryan Avenue, thence South along Bryan Avenue and old corporation line, sixteen hundred (1600) feet, more or less, to a corner with the land of J. W. Carlock, thence East along South line of Washington Street Four Hundred (400) feet, more or less, to the Northwest corner of Cedar Lawn Addition, thence South Nineteen Hundred (1900) feet, more or less, to the South line of Wotring Street, thence East along the South line of Wotring Street Two Hundred (200) feet more or less, to the old corporation line, thence South along the old corporation line Eight Hundred (800) feet, more or less, to the South line of the Ellis Road, thence Eastwardly along the land line of A. L. Ellis Four Hundred (400) feet, more or less, to the Government Road, thence in a Southerly direction along said road Four Hundred (400) feet, more or less, to a point opposite the South line of the J. A. McFarland Road, thence in an easterly direction along the South line of the said J. A. MaFarland Road, One Thousand (1000) feet, more or less, to a point on the East line of the right-of-way of the Central of Georgia Railroad, thence in a Northerly direction along the East line of said right-of-way Three Thousand Nine Hundred (3900) feet, more or less, to a point opposite Oak Street, at a sharp angle in the old corporation line, thence following the old line eastwardly One Thousand (1000) feet, more or less, to the corner of old corporation line, thence Northwardly along said old line Twelve Hundred (1200) feet, more or less, to a point where Bronson Street crosses the South line of Original Land Lot No. Nine (9), in the Ninth (9th) District and Fourth (4th) Section of Walker County, Georgia, thence East along the southern boundary line of the Original Land Lot No. Nine (9) and Ten (10) to a point where said line strikes Crown Street in Ridge Crest Addition, thence in a southeasterly direction along the South line of Crown Street to the East line of Terry Street, in Boulevard Heights, thence in a northeasterly direction along the East side of Terry Street Three Hundred

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(300) feet, more or less, to the LaFayette Road, thence across the LaFayette Road to the East side of the Crest Road, thence along the East side of the Crest Road Three Thousand (3000) feet, more or less to the Georgia-Tennessee State line, thence West along said State line to the point of beginning. Corporate limits declared. Section 3. Be it further enacted by the authority aforesaid, that the governing and legislative authority of said City shall be vested in a Mayor and five Councilmen. The members thereof shall have attained the age of 21 years and shall have been residents of said City or territory annexed to said City, for two (2) years next preceding their election and they shall be qualified voters of the City of Rossville, and they shall have been freeholders for at least two years next preceding their election. Each Councilman shall receive an annual salary of $100.00 per year for a period of two years after the date of approval of this Act. At the expiration of said two year period the Mayor and Council shall biennially set and determine the yearly salaries of said Councilmen but in no event shall they exceed $100.00 each per year. The Mayor shall receive a yearly salary of $700.00 per year for a period of two years after the date of approval of this Act. At the expiration of said two-year period the Mayor and Council shall biennially set and determine the yearly salary of their Mayor; but in no event shall it exceed $700.00 per year. Mayor and Council, qualifications, election, salaries. Section 4. Be it further enacted by the authority aforesaid, that the City of Rossville be divided into four wards as follows: Ward No. One shall include all that territory south of the Tennessee-Georgia State line and west of Chickamauga Avenue and McFarland Avenue, and as far south as Oak Street and McFarland Avenue, and Cherry Street, and as far West as the corporation limits. Ward No. 1. Ward No. Two shall include all that territory south of Oak and Cherry Streets and all west along McFarland Avenue to the Corporation limits on the West and South. Ward No. 2. Ward No. Three shall include all that territory on the East side of McFarland Avenue and South of Lake Avenue

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and shall go as far East as the Linbach Road and shall extend as far South to the corporation limits. Ward No. 3. Ward No. Four shall include all that territory on the East side of Chickamauga and McFarland Avenues, and north of I ake Avenue, and from Lake Avenue shall [Illegible Text] South along the Linbach Road to the corporation limits; thence East along the corporation limits of the South Crest Road; thence North along the South Crest Road to the Tennessee-Georgia State line; thence West along the Tennessee-Georgia State Line to Chickamauga Avenue. Ward No. 4. Section 5. Be it further enacted by the authority aforesaid, that the Mayor of said City shall be the head of said municipal government and shall be responsible for the enforcement of all terms and provisions of this Charter. He shall see that all laws and ordinances are enforced fairly and impartially between all persons. He shall preside at all meetings of the Mayor and Council but shall vote only in case of an even division in voting between the members of the Council, on any question. During his absence the Mayor pro tem, who shall be elected by the Council from members of that body, shall preside. The Mayor shall preserve order and decorum at all meetings of the Mayor and Council and shall enforce the rules of that body, and shall have power to punish all persons for contempt of such rules, and shall perform all other duties incident to said office. Mayor; powers, duties. Mayor Pro Tem. Service of legal process directed against the City shall be served upon the Mayor. Section 6. Be it further enacted by the authority aforesaid, that an election shall be held in said City on the first Saturday in December, 1948, and on the same date biennially thereafter, to elect a Mayor, five Councilmen, a City Clerk, Treasurer, and Tax Collector and Tax Assessor. One Councilman shall be elected from each of the four wards of said City, and shall reside in the Ward from which he is elected, but shall be elected by the consolidated vote of the entire City, and the candidate from each respective ward receiving the highest vote shall be declared elected. Elections for City Officials. The Mayor, City Clerk, Tax Collector and Treasurer who shall also be Councilmen at large, and the City Tax Assessor

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shall be elected from the entire City at large, irrespective of the wards in which they reside. The candidates for each respective office receiving the highest vote, shall be declared elected. Section 7. Be it further enacted that the office of City Clerk, City Treasurer and City Tax Collector as hereby created, shall be held by one person. As City Clerk he shall be paid an annual salary of $100.00 per annum and as City Treasurer he shall be paid $150.00 per annum. As City Tax Collector he shall receive as compensation, five (5%) per cent of all City taxes collected by him and shall execute a bond in an amount determined by the Mayor and Council and for a sum not less than $50,000.00 conditioned upon the faithful performance of his duties. The City Clerk and Treasurer shall be a Councilman for the City at large. Office of City Clerk, City Treasurer, and City Tax Collector. Compensation. Bond. Section 8. Be it further enacted that the office of City Tax Assessor is hereby created. He shall receive a compensation the sum of $400.00 per annum, which sum shall be payable upon completion and approval of the Tax Digest as hereinafter provided. Tax Assessor. Compensation. Section 9. Be it further enacted that the persons elected for the term of two years to the office of Mayor, Councilmen, City Clerk and Treasurer, Tax Collector and Tax Assessor at the election held in said City on the 7th day of December, 1946, shall be and remain the duly constituted and elected officials of said City for the terms for which they were elected and until their successors are elected and qualified, and as such shall perform all of the duties imposed by this Act or any other lawful ordinance duly enacted in accordance with law. City officials; terms of present incumbents. Section 10. Be it further enacted by the authority aforesaid, that only persons qualified to vote for members of the General Assembly of the State of Georgia at the last preceding general election, or have since said time become qualified, shall be entitled to vote in any general or special election in said City; provided they have registered their names, occupations, ages and residences with the City Clerk of the City of Rossville and shall have been bona fide residents of said City for ninety days next preceding their registration as hereinabove provided. Qualified voters at elections.

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Section 11. Be it further enacted by the authority aforesaid that the City Clerk shall open a list for the registration of voters at the City Hall sixty days prior to any general election held in said City, which list shall be closed ten days prior to said election. In any election to fill any vacancy in any elective office or any special election the registration list of the last general election held in said City shall be used; provided however, that the said City Clerk shall, upon the calling of any election by the Mayor and Council, immediately open a list for persons who may have since become qualified and desire to register which said list shall be closed five days prior to said election. It shall be the duty of the City Clerk upon the application of any person qualified to vote as herein provided within the time prescribed for lists to be kept open, to register the name, age, occupation, ward and place of residence of the applicant, but no person shall be entitled to register or vote who has not been a bona fide citizen with a continued residence within the corporate limits of said City for ninety days immediately preceding the election. The City Clerk is hereby empowered to administer an oath to the applicant touching his right to be registered which said oath shall be of the same binding force and effect as oaths administered for registration by tax collectors in this State. Registration of voters. Section 12. Be it further enacted by the authority aforesaid, that the City Clerk shall furnish the managers of elections before opening the polls, a complete list of the names, ages, occupations, and residences of the persons registered, which list shall be returned to the City Clerk when said elections are over. The presiding managers of said elections shall be authorized when the right of any person to vote is challenged, to administer the following oath to such person: You do solemnly swear that you have resided in the corporate limits of the City of Rossville and have been a bona fide resident of said City for ninety days immediately preceding this election; that you have been registered in the time prescribed by the Charter of said City, and that you are qualified to vote for members of the General Assembly of Georgia, so help you God. Any person voting at any such election who is not qualified

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to vote shall be guilty of a misdemeanor and upon conviction shall be punished as is prescribed in Section 27-2506 of the Penal Code of Georgia 1933. List of voters. Challenges. Illegal voting, punishment for. Section 13. Be it further enacted by the authority aforesaid, that the persons holding elections under this Charter must be freeholders and duly qualified voters of the City of Rossville. There must be three managers at each voting place to be named by the Mayor and Council at least ten days before any general or special election and the resolution or order appointing said election managers shall be duly entered on the official minutes of the City Clerk and entry shall be made thereon within one day after their selection, and any qualified voter of said City shall have the right to examine said minutes and ascertain that this provision of law has been complied with. Persons who cannot read and write shall not be competent to serve as managers. Before proceeding with such elections each manager shall take and subscribe to the following oath before some officer authorized under the laws of Georgia to administer oaths: All and each of us do solemnly swear that we will faithfully superintend this day's election; that we are freeholders of the City of Rossville and duly qualified voters thereof; that we will make a just and true return thereof, and will not knowingly permit anyone to vote unless we believe he is entitled to do so according to the provisions of the Charter of the City of Rossville and the Laws of the State of Georgia, nor knowingly prohibit anyone from voting who is entitled by law to vote, and will not divulge for whom any vote was cast unless called on under the law to do so, so help me God. Election managers. Oath. Section 14. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City shall within a period of sixty days preceding any general election held in said City, select and fix the place or places of holding all elections held under this Charter which place or places shall be advertised once in the newspaper published in said City at least ten days prior to any election held under this Charter and the place or places so selected and fixed shall be the place or places of holding all elections thereafter unless the Mayor and Council shall change the place or places of holding all elections and shall advertise

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in a newspaper published in said City at least ten days prior to any election that a change has been made in the place or places of holding all elections in which notice shall be specified such change that has been made. Provided, that any election held in said City within four years from the date of the approval of this Act shall be held at the City Hall of the City of Rossville. The managers of said election shall be selected by the Mayor and Council and the time for keeping open the polls shall be from 7 o'clock A. M. to 6 o'clock P. M. Eastern Standard Time. All votes shall be by ballot and there shall be kept by the managers, two lists of the names of voters which shall be numbered in the order of their voting and also two tally sheets at each voting place. When any voter is challenged and sworn it shall be so written opposite his name on the list and also on his ballot. Polling places. Section 15. All general and special elections in said City shall be held under the system known as the Australian Ballot System. Electors shall be provided with proper booths wherein to mark their ballots free from inspection of anyone, and if said elector or electors desire it, they may be assisted by one of the managers of said election then being held. Australian ballot system. Section 16. Be it further enacted by the authority aforesaid, that the managers shall not begin to count the votes at any election until the polls are closed. When the votes are all counted there must be a certificate signed by all the managers stating the number of votes each person voted for received, which certificate shall be placed in an envelope and sealed with the names of the managers across the seal thereof and addressed to the Mayor and Council of the City of Rossville and delivered by one of said managers to said Mayor and Council at a meeting to be held at the City Hall at 10 o'clock in the morning after said election and it shall be the duty of the Mayor and Council to declare the results of said election. Each list of voters and tally sheets must have placed thereon the signatures of the managers and returned with said certificates of the results of the election. The ballots shall not be examined by the managers or bystanders but shall be carefully sealed in a strong box with the names of the managers across the

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seals thereof and delivered to the Mayor and Council at the same time they make return of the election, by whom they shall be kept unopened and unaltered for sixty days, after which time, if said election is not contested, the said ballots shall be burned in the presence of the Mayor and Council without examining the same themselves or permitting others to do so. And if the Mayor or any member of the Council or any other person shall violate this section he shall upon conviction be punished as prescribed by Section 27-2506 of the Penal Code of Georgia of 1933 and shall be removed from office. The same rules governing elections for officers shall be applicable in elections for initiative or referendum, or other elections held under this Charter. The consolidated results of said election shall be entered on the official minutes of the Mayor and Council by the Clerk of said City within one day after the declaration of the results of said election. Elections. Certification of results. Disposition of ballots. Penalty for violation. Section 17. Be it further enacted by the authority aforesaid, that in case of vacancy in office, elective under this Charter, the Mayor and Council of said City shall immediately call a special election within a period of ten days from the date said vacancy occurs. Said special election shall be held within thirty days from the date of the call therefor. Notice of such special election shall be given by the publishing of a notice for two successive weeks in a newspaper published in the City of Rossville; and by the posting of a notice calling said special election in three public places in each respective ward of said City. All electors qualified to vote in the general city election immediately preceding the special election shall be entitled to vote in such special election. Special elections to fill vacancies. Section 18. Be it further enacted by the authority aforesaid, that before entering upon the discharge of their duty the Mayor, Councilmen, City Clerk, Treasurer and Tax Collector and Tax Assessor shall take and subscribe the following oath before some Justice of the Peace or Notary Public which shall be entered upon the minutes of the Mayor and Council: Oath of City officials. I do solemnly swear that I will faithfully and impartially demean myself as (here insert title of office to which elected) of the City of Rossville during my

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continuance in office; that I will discharge the duties of the office to which I have been elected to the best of my ability; that in the enactment and revision of all legislation, I will have due regard to the Charter of Rossville, the Constitution and laws of the State of Georgia, and of the United States of America; I do further swear that I have not, in order to influence my election to (here insert the title to the office to which elected) in the election held on the..... day of..... 19....., in which I was a candidate, directly or indirectly, express or implied any promise of support, to any person, for any office, in the government of the City of Rossville, nor have I influenced election, or permitted any one else to do so in my behalf, by the unlawful use of money or other things of value, or by the use of intoxicating liquors; I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the City Government to be influenced by fear, favor, or affection, reward or hope thereof, but in all things pertaining to my said office I will be governed by my convictions as to public good, so help me God. Section 19. Be it further enacted by the authority aforesaid, that no candidate for any elective office in the City of Rossville, shall, before his election, in any general or special election, directly or indirectly, promise any appointment to any person or promise to vote for such person, or any other person, to any office, agency or employment in the government of said City. For a violation of this provision said candidate making said promise, and the person exacting the same, shall forfeit his office and either or both shall, upon conviction, be punished as prescribed in Section 27-2506 of the Penal Code of Georgia of 1933, and upon the trial of any person for the violation of this Section of this Act, both the candidate making the promise and the person exacting the same shall be a competent witness, one against the other, and shall be compelled to give evidence, and nothing then said by said witness shall, at any time, be received or given in evidence against him in any prosecution, except upon

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an indictment for perjury in any matter to which he may have testified. Restrictions on candidates for office. Penalty for violation. Section 20. All candidates for any elective office in the City of Rossville, shall at least fifteen days before any election, general or special, qualify as a candidate therefor by filing with the City Clerk, a sworn statement, in writing, giving his full name, age, address, his educational background and the years attended school, the ward number in which he resides, and the length of time he has resided therein. He shall also state the title of the office for which he is a candidate. The City Clerk shall immediately record said sworn statement on the official minutes of the Mayor and Council. Qualification of candidates. When the foregoing requirements are complied with the Mayor and Council shall be required to enter the names of said candidates upon the official ballots to be used in said election. All ballots and costs of printing the same, booths, lists of voters, and all other equipment necessary for the holding of any election in said City shall be furnished by the Mayor and Council and the cost thereof, as well as the per diem for election managers, (which shall be determined by the Mayor and Council) shall be paid by the City of Rossville. Election expenses. Section 21. Be it further enacted that at the first meeting of the Mayor and Council after their election, they shall elect a Mayor pro tem, a City Physician, a City Attorney, a Board of Trustees for the Public Library, a City Planning Commission, a Board of Zoning Appeals and a Board of Tax Appeals. They may, at any time, fill any vacancy that might occur in any of the above offices. The officers and employees elected or chosen by the Mayor and Council shall perform such duties and receive such compensation, take such oaths, and when required, give such bond, as may be fixed by the Mayor and Council. Mayor Pro Tem., City Physician, City Attorney, Board of Trustees for the Public Library, City Planning Commission, Board of Zoning Appeals, Board of Tax Appeals. Section 22. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor and Council to employ a City Manager who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments.

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He shall be selected and employed as soon as possible after the date of the approval of this Act. He shall be a man qualified by training and experience to perform the duties of City Engineer and Superintendent of public works. He shall be a graduate of an accredited college or university and shall have had practical experience in the administration of the affairs of municipal government. He shall devote his entire time to the City, and shall be paid a salary not exceeding $5,000.00 per annum. Said manager may be a non-resident of the City or State, or a resident and may be employed from any place where a man with the necessary qualifications may be found. City Manager. Qualifications. Salary. No person who has served as Mayor, Councilman, City Clerk, Tax Collector, or Treasurer or Tax Assessor shall be eligible for the position of City Manager until the expiration of three years from the time his term of office expired. No person who has served as City Manager shall be eligible for the office of Mayor, Councilman, City Clerk, Tax Collector or Treasurer or Tax Assessor until the expiration of three years from the time his term of employment with the City of Rossville has ended. Restrictions. The powers and duties of said City Manager shall be: 1. To see that all laws and ordinances are enforced. His general powers and duties. 2. To appoint the heads of all departments of the municipal government except a City Physician, City Attorney, Trustees of the Public Library, City Planning Commission, Board of Zoning Appeals, and Board of Tax Appeals. He shall appoint all superintendents of public works, the Chief of Police, the Chief of the Fire Department, or the head of any other department which may be established and shall be required to approve any employee appointed by the head of any department. 3. To remove any of his appointees, or the appointees of the head of any department whose appointment requires his approval at any time, when he deems such removal necessary or advisable for the public good. 4. To exercise control over all departments created herein or that may hereafter be created by the Mayor and Council.

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5. To attend all meetings of the Mayor and Council with the right to take part in the discussion but having no vote. 6. To recommend to the Mayor and Council for adoption such measures as he may deem necessary or expedient. 7. To keep the Mayor and Council fully advised as to the financial condition and needs of the City. 8. To make the Mayor and Council a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the City for the ensuing year. 9. To perform such other duties as may be prescribed by this Charter or be required of him by ordinance or resolution of the Mayor and Council. Said City Manager may be removed from office by the affirmative vote of three-fourths of the members of the Mayor and Council after a hearing to said City Manager as hereinafter provided. Removal from office. Section 23. Be it further enacted by the authority aforesaid, that the City Manager shall be appointed for an indefinite term, and shall reside within said City. He may be removed from office by a three-fourths vote of the Mayor and Council. His removal may be accomplished in the following manner: Term of City Manager. At least thirty days before such removal may become effective the City Manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the Mayor and Council stating the intentions of the Mayor and Council to remove him and the reasons therefor with reasonable particularity. Said formal statement shall be duly entered on the official minutes of the Mayor and Council and shall be open to public inspection. Within five days from the service of such notice on the City Manager he shall be required to reply thereto in writing. If so requested by the City Manager the Mayor and Council shall select a date, place and time for a public hearing upon the question of his removal, and the final resolution removing the City Manager shall not be adopted until the public hearing has

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been held. Notice of the hearing to remove the City Manager shall be given by the publication of a notice in any newspaper published in said City and the posting of a public notice in each of the wards in said City which said notice shall show the date, place and hour said public hearing will be held. Procedure for removal of City Manager. Hearing. Upon passage of a resolution stating the intentions of the Mayor and Council to remove the City Manager it may, by resolution, properly entered on the Minutes, suspend the City Manager from duty. Said suspension shall become effective immediately, but the pay of the City Manager shall continue until his removal shall become effective as hereinbefore provided. Such public hearing shall be held before the Mayor and Council all of whom shall vote on the final suspension of the City Manager. The Minutes of the Mayor and Council shall show how each member voted from the resolution. The action of the Mayor and Council in removing the City Manager shall be final. During suspension of the City Manager as hereinbefore provided and before final action shall have been taken on the resolution, the Mayor and Council shall be empowered to designate a qualified administrative officer of the City to perform the duties of the City Manager. After the action of the Mayor and Council has become final, said Mayor and Council shall immediately employ another City Manager who shall possess the qualifications hereinbefore specified. Suspension. Upon the petition of any group of taxpayers of said City paying at least thirty (30) per cent of the City taxes, addressed to the Mayor and Council requesting the removal of the City Manager which said petition shall set forth the reasons for said requested removal, a hearing shall be ordered. The sustaining of the charges shall be sufficient grounds for the removal of the City Manager. Petition of taxpayers for removal. Section 24. Be it further enacted by the authority aforesaid, that the City Manager shall be the purchasing agent for the City by whom all purchases shall be made. All contracts or agreements made by him requiring the expenditure of money to the amount of $250.00 or more shall be approved by the Mayor and Council. Acting in

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the capacity of purchasing agent he shall conduct all sales of personal property which the Mayor and Council may authorize to be sold and which might have become unnecessary or unfit for the City's use. All such sales shall conform to such regulations as the Mayor and Council may, from time to time, prescribe. In the case of purchase or sale, if an amount in excess of $250.00 be involved the opportunity for competition shall be given. City Manager as purchasing agent for city. Section 25. Be it further enacted by the authority aforesaid, that the City Manager, before entering upon the discharge of duties, shall give a bond in an amount to be fixed and approved by the Mayor and Council (on which the premium shall be paid by the City) payable to the City of Rossville for the benefit of the City, and for the use and benefit of the public, to secure and indemnify the City, and any of the public by reason of his default, malfeasance or nonfeasance in the performance of his duties. City Manager's bond. Section 26. Be it further enacted by the authority aforesaid, that neither the Mayor and Council or any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the City Manager, or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees, whom the City Manager is authorized to appoint or remove. Except for the purpose of inquiry, the Mayor and Council shall deal with such officers and employees solely through the City Manager and neither the Mayor and Council or any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. City Manager; employees. Section 27. Be it further enacted by the authority aforesaid, that the City Manager shall devote his entire time to the performance of his duties. It shall be the duty of the City Manager and he is given full power and authority to improve, keep in repair, light, sprinkle and clean, as far as the same is possible, within the appropriations made by the Mayor and Council for such purposes, the streets, sidewalks, crossings, bridges, lanes, alleys, waterworks, public buildings, grounds, sewers and drains, and other property of the City, either by contract or by agents and

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employees of the City, and shall have authority to purchase all necessary materials and implements for any and all such work to be done, and shall also have complete control and authority over any new construction work of any kind which may be determined upon and ordered by the Mayor and Council. The Mayor and Council shall determine and pass resolutions providing for all new construction work upon the streets, sidewalks, crossings, bridges, lanes, alleys, sewers, drains, waterworks, public buildings and grounds, and other public property, and shall also provide the character and quality of materials to be used. Said work to be done under the supervision and control of the City Manager. In the event any work is done by contract under the provisions of this section, such a contract shall be made after advertisement once a week for two weeks for proposals, with the right reserved to reject any and all proposals; and in the event of any contract being made, the contractors shall execute a bond payable to the City of Rossville, in an amount equal to the contract price, signed as security, by a surety company, authorized to do business in the State, conditioned for the faithful performance of said contract. Before beginning to pave or macadamize any street, the said Mayor and Council shall fix and designate the location and position for telegraph, telephone, electric light and power, and street railway poles and wires and gas pipes thereon, and shall have power and authority to require the owners or persons using the same to place the same as thus located, at their own expense. Duties and powers of City Manager as to streets, sidewalks, sewers, etc. Public construction. Section 28. Be it further enacted by the authority aforesaid, that the Mayor and Council shall hold a regular monthly meeting on the first Monday of each month and at such other times as the Mayor and Council may deem necessary. They may adopt such rules and regulations for their control and guidance as they may see fit, with the right to change the same at any time by a majority vote at two separate meetings, or they may suspend such rules temporarily by unanimous consent. They may meet as often in extra sessions as the Mayor or any three councilmen may designate or call, provided personal notice is given to each member of the Mayor and Council unless

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such Mayor and Council is absent from the City or unable to attend on account of illness. They shall keep accurate minutes of their proceedings and shall have all their acts and doings recorded thereon, and all votes taken shall be yes or no and all councilmen shall vote on every question and said vote shall be entered and shown on the Minutes of the Mayor and Council. All meetings of the Mayor and Council for the transaction of business shall be open to the public, with the right to meet in executive session by unanimous vote of the Mayor and Council. The Mayor and three Councilmen shall constitute a quorum at any meeting for the transaction of any business; and it shall require the affirmative vote of a majority of those present at such meeting to adopt any measure, ordinance, or resolution, except as herein otherwise specifically provided in this Charter. Meetings of Mayor and Council. Section 29. Be it further enacted by the authority aforesaid, that the Mayor and Council shall elect one of their members as Mayor pro tem., who shall exercise all the duties of the Mayor in case of his absence or inability to act for any reason. Mayor Pro Tem. Section 30. Be it further enacted by the authority aforesaid, that it shall be the duty of the City Clerk to keep an exact record of all proceedings before the Mayor and Council. All proceedings and Resolutions shall be entered in a book called Official Minutes of the City of Rossville. The same shall be a public record open to inspection by any citizen of said City. Within twenty-four hours after any meeting of the Mayor and Council the City Clerk shall enter in the Official Minute Book the entire proceedings and shall subscribe his name thereto. The Minutes of the former meeting, regular or called, of the Mayor and Council shall be read at the succeeding meeting and the Minutes of the latter meeting shall show the reading of the Minutes of the former meeting and the action of the Mayor and Council taken with respect thereto. All resolutions shall be entered on the Official Minutes, and the Minutes shall be properly indexed. All resolutions shall be numbered consecutively according to date and shall be indexed. Minutes of City.

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The City Clerk shall keep a well-bound book of ordinances of said City and the same shall be properly indexed. Ordinances duly enacted by the Mayor and Council shall be entered in said book which shall be known as Official Ordinances of the Mayor and Council of Rossville. Only ordinances enacted by the Mayor and Council shall be entered in said book. The same shall be a public record and shall be open to inspection by any citizen of said City. No ordinance shall be in force and effect unless the same shall be duly entered in the Official Book of Ordinances, and properly indexed, and the City Clerk shall enter all ordinances therein within twenty-four hours after their adoption by the Mayor and Council. Record of Ordinances. Section 31. Be it further enacted by the authority aforesaid, that the City Clerk, Treasurer and Tax Collector shall collect all taxes lawfully assessed by the Mayor and Council of said City. All taxes shall be payable at the City Hall, and the person making payment thereof shall be given a receipt. A duplicate of all receipts given shall be retained by the City Tax Collector and said receipt shall have such information printed thereon as the Mayor and Council may, by ordinance, prescribe. All payments shall be entered in a cash book which will show the name of the person making payment, the date, amount, and explanation thereof. Payment of taxes. The City Tax Collector shall retain the Tax Digest in his possession after approval thereof by the Mayor and Council as hereinafter provided, and the City Tax Collector shall keep such books and records as the Mayor and Council may, by ordinance, prescribe. Tax digest. Section 32. Be it further enacted by the authority aforesaid, that the City Treasurer shall deposit in such bank as may be designated by the Mayor and Council, all funds belonging to said City. Said funds shall be withdrawn only upon voucher signed by the City Treasurer, but no withdrawal of said funds shall be made, or obligations of said City paid, until the same shall have been approved by the City Manager and the Mayor and Council. Deposit of City funds. Section 33. Be it further enacted by the authority

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aforesaid, that the Mayor and Council shall select some chartered bank or banks located in said City as a City Depository, and in the event said City does not have located therein a chartered bank or banks, then the Mayor and Council are authorized to select a bank or banks located at any other place, within or without the State of Georgia, as City Depository. The City Tax Collector shall deposit all sums collected as taxes in the depository selected by the Mayor and Council within five days after said taxes are collected. City Depository. Section 34. Be it further enacted by the authority aforesaid, that the Mayor and Council shall select a City Auditor whose duty it shall be to thoroughly examine and audit the books of all city officials, and all institutions in which the said City has a financial interest, at least once each twelve (12) months, and oftener if the Mayor and Council shall deem it necessary, and to make a written report of the same, which shall be spread upon the official minutes of the Mayor and Council. The person employed shall be a certified public accountant. City Auditor. Section 35. Be it further enacted by the authority aforesaid, that the Mayor and Council may require the City Manager to come before them at any regular or special meeting and answer questions, either orally or in writing, and they may require from said City Manager, at any time, written reports, upon any matter involving the City, that they may deem proper; and said City Manager shall report monthly or oftener if required by the Mayor and Council, to said Mayor and Council, his general acts and doings, and shall regularly and at stated intervals, at least quarterly, file complete and full reports of the various departments of said City. Reports of City Manager to Mayor and Council. Section 36. Be it further enacted by the authority aforesaid, that the Mayor and Council shall be vested with full legislative power. They may pass ordinances, adopt resolutions, levy taxes and provide for their collection, fix licenses and provide for their payment, and perform all legislative rights and powers incident to the Government of said City. All ordinances and resolutions shall first be reduced to writing, and shall be acted on by said Mayor

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and Council who shall have authority to approve, disapprove or amend the same. Any ordinance or resolution, except as herein provided, may be passed at the time it is offered. Four members of the Mayor and Council must vote affirmatively to pass any ordinance or resolution; the Mayor of said City shall not vote on any question or matter before the body, except in case of a tie; he shall have the veto power, and may veto any ordinance or resolution of the council in which event the same shall not become a law unless subsequently passed over his veto by at least four members of the Council, exclusive of the Mayor, on a yes and no vote duly recorded on the Minutes of the Mayor and Council, but unless he shall file in writing with the Clerk of the Council, his veto of any measures passed by the Mayor and Council, with the reason which impelled him to withhold his assents, within four days after its passage, the same shall become a law just as if approved and signed by the Mayor and Council. His written veto shall be duly entered on the Official Minutes of the Mayor and Council. Legislative powers of Mayor and Council. Procedure for passage of ordinances. Mayor's veto. Section 37. Be it further enacted by the authority aforesaid, that said Mayor and Council shall be vested with full power and authority from time to time to make and establish such rules, bylaws and ordinances, and to impose penalties for failure to comply with same respecting city property, streets, lanes, alleys, bridges, cemeteries, public buildings and grounds, public houses, water courses, markets, railroads, telegraph and telephone companies, electric light and power companies, gas companies, erection of buildings, construction of houses, plumbing, drainage, sewerage, fire engines, pumps, forges, blacksmith shops, foundries, fertilizer plants, breweries, tanneries, lumber yards, warehouses, storage room, pawn shops, junk dealers, auctioneers, slaughter houses and all kinds of business places and enterprises operated in said City; whether herein specifically named or not, and they shall have power to regulate and prohibit the storage of all kinds of explosives and combustible material in said City; they shall have full power and authority to pass all laws and ordinances they may consider necessary for the peace, good order, health, prosperity, comfort and security

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of said City, and of the inhabitants thereof, and that may be necessary to foster virtue and good morals in said City; to suppress lewdness, gambling, disorderly conduct and to enforce such laws and ordinances by such penalties as are authorized by this Charter. The said Mayor and Council shall have full power to adopt and enforce any and all ordinances they may consider necessary or advisable to carry out the powers granted to said City and said commission by this Charter, 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, whether appearing in this Act or not, conferring powers upon municipal corporations; provided, said laws, ordinances, rules and regulations are consistent with the laws of this State and the United States. General powers of Mayor and Council. Section 38. Be it further enacted by the authority aforesaid, that in the event the Mayor and Council of the City of Rossvile shall, at any time, determine that any street, lane, alley, avenue, or sidewalk, or any part of the same, is not then needed for street purposes, full power and authority is hereby expressly granted to the Mayor and Council to close, lease, sell and convey, or otherwise dispose of any such street, lane, alley, avenue or sidewalk, or any part of the same, to any person, firm or corporation, at such annual rental and upon such terms and conditions as the Mayor and Council may deem proper, for a period not to exceed fifty years, with full power and authority to provide in such lease contract for a renewal of the same for a like period, provided the city should not require the use of the same for street purposes at the expiration of such original lease period; provided that before any street, lane, alley, avenue, or sidewalk, or any part of the same is closed, sold, leased, conveyed, or otherwise disposed of, a resolution shall be adopted at a regular session of said Mayor and Council, accurately describing such street, lane, alley, avenue, or sidewalk, or any part of the same, together with the intentions of the Mayor and Council in regard to the same, and as to the disposition of the same, together with the name of the person, firm or corporation to whom it is to be disposed, and the terms and conditions upon which the same is to be disposed of,

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which resolution shall thereupon be published in the newspaper in which Marshal's sales are advertised once a week for four weeks. Thereupon, if at the end of such publication, no objection is made, the said Mayor and Council can proceed by ordinance to make such disposition. If, however, objection is made by any citizen or property owner of the City of Rossville, full hearing shall be given such objection before such ordinance is adopted. And provided further, that in case the closing, selling, conveying, leasing or otherwise disposing of any such street, lane, alley, avenue, or sidewalk, or any part of the same, shall result in special damage to any citizen or taxpayer or property owner of the City of Rossville, the said City of Rossville shall be liable therefor. Powers of Mayor and Council as to disposition of public ways. Hearing. Section 39. Be it further enacted by the authority aforesaid, that said Mayor and Council is hereby empowered to declare what shall constitute a nuisance and to pass such ordinances as may be necessary to prevent same; and by ordinance they may empower such officials of the City as they may so designate to abate same and authorize the removal of such nuisance by the proper officials; they may provide for the punishment of the person, firm or corporation causing or continuing the same, and provide for the collection of such expense by execution, said execution to have the same force and effect as City tax executions, and to be enforced in the same manner. Abatement of nuisances. Section 40. Be it further enacted by the authority aforesaid, that the Mayor and Council is hereby empowered to regulate by ordinance the selling, weighing, measuring of hay, wood, ice, coal, coke, meats, groceries, and any and all other articles sold by weight or measure; to require dealers to keep honest weights and measures and to provide for the inspection and regulation of such weights and measures, and to provide for the regulation and inspection of gas, electric and water meters, and to compel the correct reading of the same, and to fix penalties for any violation of this section. Regulation of weights and measures, utility meters, etc. Section 41. Be it further enacted by the authority aforesaid, that the Mayor and Council is empowered to license, regulate, restrain or prohibit the running at large,

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within the corporate limits of said City, of cattle, horses, swine, sheep, goats, geese, chickens, ducks or other fowls and animals and to impound the same, and on notice being given to sell same for penalty imposed by or under any ordinance, and to assess the cost and expense of the proceeding against the owner; and said Mayor and Council is further empowered to regulate and prohibit the running at large of dogs and to provide against injury or annoyance therefrom, and to authorize the disposition of same; they are further empowered to provide penalties for breaking any pound or releasing any animal or fowl impounded by authority of this Charter. Animals running at large. Section 42. Be it further enacted by the authority aforesaid, that the Mayor and Council shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the laws and ordinances of said City, and to punish offenders by fine not to exceed $300.00, imprisonment in the City jail, not to exceed ninety days, or sentenced to work on the streets of said city not to exceed three months, any one or more or any part of any one or more of said punishments, in the discretion of the officer trying the offender. Punishment for violation of City ordinances. Section 43. Be it further enacted by the authority aforesaid, that the Mayor and Council shall have full power and authority to organize a public works camp in said city, under such rules and regulations as may be adopted by said Mayor and Council, and to cause offenders against the laws and ordinances of said City, to work in said public works camp, on the street or other public works of said City as the Mayor and Council may direct. Public works camp. Section 44. Be it further enacted by the authority aforesaid, that the Mayor and Council may codify all ordinances and bylaws of said City, together with the Charter of said City, into one book, to be known as the Code of the City of Rossville, and when the same is adopted by said Mayor and Council, said Code shall be admitted in evidence in any of the Courts of this State, upon the certificates of the City Clerk certifying the same to be the Code of Ordinances and Laws of said City of Rossville. City Code. Section 45. Be it further enacted by the authority

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aforesaid, that there is hereby established for and in said City a Court to be known as the Mayor's Court to be prosided over by the Mayor of said City, with jurisdiction to try all violations of the laws and ordinances of said City; said Mayor shall have power and authority to punish for contempt of court, not to exceed a fine of $50.00, work in the City public works camp not to exceed 60 days, or imprisonment in the City jail not to exceed 30 days, any part of all said punishment may be inflicted in the discretion of the Court; he shall have full power and authority to compel attendance of parties and witnesses on said Court and for this purpose shall have full power and authority to require bail, to secure such attendance, and to issue appropriate order for the forfeiture of recognizance given in pursuance of this Charter; all warrants, summons, subpoenas, or other process issued, requiring appearance or attendance on said Mayor's Court, shall be issued by the Mayor directed to the Chief of Police, any policeman or any other arresting officer of said City and bear test in the name of the Mayor; said Mayor's Court shall be governed by the rules of the Superior Court of the State of Georgia, in so far as they may be applicable to such Court, and a sound construction of this Charter and the laws of said City. Mayor's Court. Jurisdiction and powers. Section 46. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor to preside over the Mayor's Court, with full power and authority to issue warrants for the violation of any municipal ordinance, and to hold such court as prescribed by this Charter or by order, for the trial of offenders against the ordinances of said City and to impose such penalties for violation thereof as may be prescribed by ordinance, but not to exceed a fine of $300.00 or work in the public works camp for a period in excess of 90 days or for imprisonment in the City jail not to exceed 90 days, any part or all of said punishment may be inflicted in the discretion of the Court, and he shall have full power and authority incident to or belonging to the office of the Justice of Peace, except for the trial of civil cases. Powers of Mayor when presiding over Mayor's Court. Section 47. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City is empowered

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to provide such forms of accusations, warrants, summons, and other papers necessary in trial for the violation of the laws and ordinances of said City. Accusations, warrants, etc. Section 48. Be it further enacted by the authority aforesaid, that the Mayor of said City shall have power and authority to compel the attendance of parties and witnesses at the Mayor's Court, and upon meetings of the Mayor and Council, and shall have full power and authority to provide by ordinance for taking and receiving from parties and witnesses of such bail as may be necessary to secure the attendance of parties and witnesses. When any person, or persons, are arraigned before the Mayor's Court, charged with a violation of any of the ordinances, regulations, or rules of said City, the Mayor, may, for a 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 of the trial, or be imprisoned to await trial. If such bond be given and the accused fail to appear at the time fixed for trial, the bond may be forfeited by order of the Mayor and after such forfeiture, if the principal of said bond fails to appear and submit to trial at the next regular sitting of the Court, said forfeiture shall become final, and the City Clerk shall issue execution thereon against the principal and surety; provided that the Mayor shall have authority to cancel such forfeiture if it be made satisfactorily to appear that the failure of the principal of said bond to appear for trial as required by the bond was not due to his fault. Procedure of Court. Section 49. Be it further enacted by the authority aforesaid, that whenever from any cause the Mayor of said City cannot be in attendance to hold the Mayor's Court, or should it appear that he is disqualified in any case, it shall be the duty of the Mayor pro tem to preside in said Court in place and stead of the Mayor, and all the acts and doings of the Mayor pro tem shall be as binding as if performed by the Mayor. Mayor Pro Tem to preside in absence of Mayor. Section 50. Be it further enacted by the authority aforesaid, that the right of certiorari from the decision and judgment of the Mayor or the Mayor pro tem, shall

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exist in all criminal cases, as provided by the laws of the State of Georgia. Certiorari. Section 51. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City is empowered and authorized to levy a tax upon all property, real and personal, within said City. Authority to tax. Section 52. Be it further enacted by the authority aforesaid, that the Mayor and Council are expressly given the power to impose any and all other ad valorem taxes upon any and all specific classes or types of property as they may deem just, reasonable, and necessary, and any such assessment so imposed shall be in addition to the ad valorem tax provided for in this Charter, unless a specific statement to the contrary is set out in the enactment imposing such tax. Any and all specific items or types of property, with respect to which separate provision is made for ad valorem tax in this Charter, or by ordinance, or other law hereafter enacted by the Mayor and Council are hereby expressly declared to be supplemental to the provisions of this paragraph. Any and all machinery used in the operation of a business for profit is hereby expressly declared to be a special species of property for the purposes of taxation. Any person, firm or corporation utilizing any machinery of any kind, for the purpose of engaging in a business for profit, shall be required to make a separate return of any and all machinery so used. Such machinery shall be returned at the same time as other tax returns are made for the purpose of ad valorem taxation. Additional ad valorem taxes. Section 53. Be it further enacted by the authority aforesaid, that said Mayor and Council shall have full power and authority to require any person, firm, or corporation, whether resident or non-resident, of said City, who may engage in, prosecute, or carry on, or who is engaged in prosecuting or carrying on any trade, business, calling, vocation or profession within the corporate limits of said City by themselves, or their agents, to register their names, business, calling, vocation or profession annually, and if operated under a trade name, not incorporated, to show all persons having an interest in such business

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and require said persons, company, or corporation to pay for said registration and for license to prosecute, engage in, or carry on any business, calling, or profession, such amount as the Mayor and Council may provide by ordinance, not to exceed $2,000.00. Said Mayor and Council may provide by ordinance for the punishment of all persons, firms, companies, or corporations required by ordinance to pay such taxes or to take out such licenses for the same, who shall engage in such business, profession or occupation, before paying such taxes or taking out such license, or who fail to comply with all requirements of such ordinances made in reference thereto. The City Clerk shall issue an execution against any person, firm, or corporation for the purpose of enforcing the payment of any registration, license, or occupational tax which might be owing the City of Rossville, whether the person owing the same shall have registered as provided herein or not. Business and professional taxes. Punishment for failure to pay tax. Tax executions. Section 54. Be it further enacted by the authority aforesaid, that the Mayor and Council shall have full power and authority to condemn, regulate, tax, and license all automobiles, coaches, drays, hacks, taxicabs, jitney buses, and all other vehicles using the streets in said City for hire. Tax on vehicles for hire. Section 55. Be it further enacted by the authority aforesaid, that the Mayor and Council may, by ordinance, license, tax, regulate, or prohibit billiard rooms, ten-pin alleys, or such alleys, inns, taverns, hotels, restaurants, lunch stands, cafes, social clubs, saloons, theaters, moving picture shows, dance halls or other places kept for public entertainment. They are also empowered to license and regulate livery stables, garages, gasoline service stations, or other places of this kind, for the use and benefit of the public. Tax on places of public entertainment. Tax on garages, service stations, etc. Section 56. Be it further enacted by the authority aforesaid, that the Mayor and Council shall require all male persons from the age of 21 to 50, liable to perform road duty by the laws of the State, to perform such duty by work on the streets of said city under the direction of the proper officer of said city; provided that the Mayor and Council shall have power to levy a street tax in lieu

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thereof, and provided further, that all persons who shall refuse to pay such tax on or before such time as the Mayor and Council may prescribe by ordinance, shall be required, upon three days' notice, to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be dealt with by the Mayor as for violation of the ordinances of said City, or may be compelled to work on streets or public works of said City. Road duty and street tax. Section 57. Be it further enacted by the authority aforesaid, that the Mayor and Council may have power by ordinance to license, tax, and regulate the keeping of dogs within the corporate limits of the City. Dogs. Section 58. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for support and maintenance of the Government of said City of Rossville and the payment of the ordinary current expenses thereof, the Mayor and Council shall have full power and authority to levy, assess, and collect ad valorem taxes on all real and personal property owned or held within the corporate limits of said City, which, under the laws of the State of Georgia, is subject to taxation, not to exceed twenty mills on the assessed value of all such property. Ad valorem taxes for ordinary current expenses. Amount of tax. Section 59. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the Government of said City of Rossville, and the payment of extraordinary expenses, which include the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for the purpose of payment of the public debt and for the paving and macadamizing streets, the Mayor and Council shall have full power and authority to levy, assess and collect ad valorem taxes on all real and personal property, owned or held within the corporate limits of said City, which under the laws of the State is subject to taxation, not to exceed ten mills on the assessed value of all such property. Ad valorem taxes for extraordinary expenses. Amount of tax. Section 60. Be it further enacted by the authority aforesaid, that the purpose for which ordinary current expenses and extraordinary expenses are levied shall be

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stated separately in the levy. All City taxes shall be levied by the year by the Mayor and Council, and the levy entered on the Minutes of said City. The order levying taxes shall specify the per cent levied for each specific purpose, and the taxes shall be applied to the specific purpose for which the same were levied, and none other. At the end of each year, the surplus of a fund raised for a specific purpose, after all demands and indebtedness chargeable against it have been paid, may be used for the payment of any other legitimate liability of said City or a reserve may be created or permitted by the Georgia Laws of 1945, pages 393 and 394. Tax levies. Section 61. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City are hereby authorized and empowered to levy and collect a tax not in excess of five mills on the assessed value of all real and personal property in the City of Rossville, for the purpose of establishing, erecting and maintaining, and assisting in the maintenance of a Public Library, the same to be expended in the manner prescribed by Section 32-3701 Georgia Code Annotated. Public Library tax. Section 62. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City are hereby authorized and empowered to levy and collect a tax not in excess of one mill on the assessed value of all real and personal property in the City of Rossville for the purpose of providing, establishing, maintaining and conducting a supervised recreation system for the City. The provisions of the Act of the General Assembly of the State of Georgia of 1923, page 106, et seq., respecting playgrounds and recreation centers shall be followed as fully set out in this Charter. Recreation tax. Section 63. Be it further enacted by the authority aforesaid, that the City of Rossville is empowered, authorized and permitted to contract for the use of public facilities, and to perform any act permitted by Article 7, Section 6, Paragraphs 1 (a) (b) and (c) of the Constitution of the State of Georgia of 1945 (Acts 1945, Pages 67 and 68); said City is also empowered and authorized to create a Hospital Authority, and to do and perform

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any act or thing permitted by the Hospital Authorities Law (Acts 1941, pages 241 et seq.) and said Hospital Authority Law as it now appears in the Acts of 1941, pages 241 to 250, inclusive, of the General Assembly of the State of Georgia, or may hereafter exist, shall be followed as fully as though set out in this Charter. Authority to contract for use of public facilities. Hospital Authority authorized. Section 64. Be it further enacted by the authority aforesaid, that the City of Rossville be, and it is, hereby empowered, authorized, and permitted to create an additional debt not exceeding in the aggregate more than three (3) per cent of the assessed value of all the property in said City in accordance with the provisions of Article 7, Section 7, Paragraph 3 of the Constitution of Georgia of 1945 (Acts 1945, Pages 69 and 70). Any debt created pursuant thereto, shall be incurred in conformity with the terms, provisions, and conditions of the Constitutional provisions aforesaid. Additional debt authorized in what amount. Section 65. Be it further enacted by the authority aforesaid, that the City of Rossville be, and it is, hereby empowered, authorized and permitted to make temporary loan between January 1st and December 31st of each year to pay expenses for such year, upon the conditions named, and in accordance with the provisions of Article 7, Section 7, Paragraph 4 of the Constitution of Georgia 1945 (Acts 1945, Pages 70 and 71). Any temporary loan made pursuant thereto shall be made in conformity with the terms, provisions, and conditions of the Constitutional provisions aforesaid. Temporary loan for expenses authorized. Section 66. Be it further enacted by the authority aforesaid, that the City of Rossville be, and it is, hereby authorized, empowered, and permitted to issue revenue anticipation obligations to provide funds for the purchase or construction, in whole or in part, of any revenue producing facility which said City is authorized to undertake by the Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Certificate Law of 1937, as amended by an Act approved March 14, 1939. The terms, provisions, and conditions of said Revenue Certificate Laws aforesaid (Acts 1937, pages 761 to 774, inclusive, as amended by the Acts of 1939, pages 362 to 366,

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inclusive of the General Assembly of the State of Georgia, are hereby made a part of this Charter as fully and effectually as though incorporated verbatim herein. Revenue-anticipation obligations. Section 67. Be it further enacted by the authority aforesaid, that the City of Rossville be, and it is, hereby authorized, empowered and permitted to buy, construct, erect, extend, operate, and maintain water, gas and electric generating and distribution systems, together with all necessary appurtenances thereof. Public utilities. Section 68. Be it further enacted by the authority aforesaid, that the City of Rossville be, and it is, hereby authorized, empowered, and permitted to issue Revenue Anticipation Certificates to buy, construct, extend, operate, and maintain gas or electric generating and distribution systems in accordance with the provisions of Article 7, Section 7, Paragraph 5 of the Constitution of Georgia of 1945 (Acts 1945, Pages 71-72). Revenue-anticipation certificates for utilities. Section 69. Be it further enacted by the authority aforesaid, that the City of Rossville be, and it is, hereby empowered, authorized and permitted to create a Housing Authority, and to do and perform any act or thing permitted by the Housing Authority Law of the State of Georgia, as the same appears in the Acts of the General Assembly of the State of Georgia of 1937, Pages 210 to 230 inclusive, and the Acts of 1939, Pages 112 to 122, inclusive, and the Acts of 1939, Pages 122 to 123 inclusive, and the Acts of 1939, Pages 124 to 125 inclusive, and the Acts of 1943, pages 146 to 161 inclusive, and the Acts of 1943, Pages 161 to 166 inclusive, and the Acts of 1945, Pages 270 to 272, inclusive, and any other Acts of the General Assembly of Georgia respecting housing, or any future amendment thereto, and said Acts aforesaid shall be followed as though fully set out in this Charter. Housing Authority. Section 70. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor and Council to set aside annually a sum sufficient as a sinking fund to retire the bonded indebtedness of said City as same becomes due. Said sinking fund may be invested in such investments as are permitted by the laws of the State of Georgia. Sinking fund.

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Section 71. Be it further enacted by the authority aforesaid, that the annual appropriation made by the Mayor and Council may be varied as to the amount apportioned for the different purposes but these variations are not to retroact on time expired, or to enlarge in any manner the aggregate appropriations for the year, and no money shall be appropriated for any purpose except by resolution of the Mayor and Council as herein provided, which shall be void, unless it specified upon its face upon which of said funds it is to be drawn, and in order that said Mayor and Council may know, at all times, the true financial condition of the City, the said Treasurer shall prepare and read and enter upon the Minutes at the opening of each regular meeting a balance sheet showing the gross revenue of the fiscal year and expenses voted by the Mayor and Council up to that time, and also the amount of the said several sums estimated as aforesaid, and what part of the same has been, up to that time, appropriated, and what part remains unappropriated. Annual appropriations. Treasurer's balance sheet. Section 72. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City shall have power and authority to borrow by making a temporary loan or loans to supply casual deficiency of revenue, not to exceed the revenue of said City, according to the assessed value of the taxable property therein in any one year. Loans to supply casual deficiency. Section 73. Be it further enacted by the authority aforesaid, that it shall be the duty of the Treasurer of said City, to keep separate all funds levied to pay the bonds of the City of Rossville and the interest thereon, and to see that all such funds are applied to the payment of principal and interest of such bonds as they mature; and such funds shall not be used for any other purpose than that for which they were levied. Such Treasurer shall report annually, and at such other times as he may be called upon to do so by the Mayor and Council, the amount received by him and disbursed for this purpose. Funds for payment of bonds. Treasurer's report. Section 74. Be it further enacted by the authority aforesaid, that whenever the Treasurer of the City of Rossville shall pay and take up any bonds or coupons of the City of Rossville, that he shall report such payment

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to the next regular meeting of the Mayor and Council, and the Mayor and Council shall cause to be recorded upon their Minutes the fact of the payment, together with a description of the bonds and coupons so paid, and shall cause said bonds and coupons at such meeting to be perforated with the word paid or so mutilate it as to make impossible further sale or negotiation of such bonds or coupons. Procedure upon payment of bonds or coupons. Section 75. Be it further enacted by the authority aforesaid, that it shall be the duty of the Treasurer of the City of Rossville to provide and keep a book for the registration of all bonds, on which book he shall record the transfer of any of such registered bonds and shall certify upon such bonds the fact of such registration and transfer. When any bonds are registered and the coupons are detached therefrom, the Treasurer of said City shall report such fact to the Mayor and Council and produce such coupons at the next meeting of the Mayor and Council and such coupons shall there be defaced and cancelled as herein provided. Registration of bonds. Section 76. Be it further enacted by the authority aforesaid, that it shall be the duty of the City Clerk to record all bonds given by City officials on the Minutes of the Mayor and Council, and to thereafter file and preserve as a permanent record of his office the originals of such bonds. Record of bonds on Minutes of Mayor and Council. Section 77. Be it further enacted by the authority aforesaid, that no license or permit to do business required by the Charter and Ordinances of said City shall be valid unless the City Clerk has endorsed upon the same that said person, firm or corporation taking out the same has registered in his office, in compliance with the terms provided by ordinance, and any person who does or attempts to do business of any character, for which a license or permit is required, without complying with this Section, may be arrested for violation of the same and punished in such manner as may be provided by the ordinances of said City. Endorsement of City Clerk on licenses and permits. Section 78. Be it further enacted by the authority aforesaid, that if any persons, firm or corporation fail

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to return their property for taxation or secure a license or permit to do business, or pay street tax, or pay taxes on dogs, or to register as provided in this Charter, at the time prescribed by this Charter and the ordinances of said City, it shall be the duty of the Tax Collector to search out and require the same to be done, and impose, in addition to such regular tax or license, fifteen per cent. of the regular tax or license, as a penalty for said default, as is provided in this Charter. That said Tax Collector shall keep a separate book in which all such delinquent returns, licenses, permits, and persons subject to street tax shall be entered, and it shall be the duty of the Tax Collector to assess said tax and collect the same, including all costs accrued thereon. Penalty for failure to make tax returns or to secure license. Section 79. Be it further enacted by the authority aforesaid, that it shall be the duty of the Tax Collector of said City to make a full report to the Mayor and Council of all taxes due and uncollected at such times as may be fixed by the Mayor and Council, and he shall make a full report of all taxes remaining uncollected on the first day of December in each year, and on the 31st day of December in each year. It shall be the duty of the Tax Collector to make a final settlement for the fiscal year with the Mayor and Council. It shall be the duty of the Mayor and Council to pass upon all matters pertaining to said settlement, and allow to said Tax Collector such credits for errors as may be apparent, and such credit for insolvent taxes as he may show to their reasonable satisfaction cannot be collected. Provided, however, that nothing in this Act shall be construed as in any way repealing any power on the part of said Tax Collector to issue fi. fas. for all amounts not paid in accordance with the Charter and ordinances of said City, nor in any way to restrict the duty of the Marshal or Chief of Police of said City to levy said fi. fas. and collect the money due thereon by the sale of the property or otherwise, as provided in said Charter and ordinances, and provided further, that the Mayor and Council shall not allow a credit for an insolvent tax fi. fa. unless and until there appears thereon a return of the Marshal or Chief of Police showing that search has

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been made and that no property of the defendant in fi. fa. can be found upon which to levy the same. Delinquent taxes. Fi. fas. Section 80. Be it further enacted by the authority aforesaid, that all persons owning property within the limits of the City of Rossville shall be subject to pay an ad valorem tax thereon to said City, and the lien for said tax shall attach as of January 1st of each respective year. Ad valorem tax. Lien. OATH OF TAXPAYER I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by said list, is at the true market value thereof; and I further swear that I returned for the purpose of being taxed thereon, every species of property that I own in my own right, or have control of, either as agent, executor, administrator or otherwise, and that in making said return, for the purpose of being taxed thereon, I have not attempted either by transferring my property to another or by any other means sought to evade the laws governing taxation in this City. I do further swear that in making said returns, I have done so by estimating the true worth and value of every species of property contained therein. Sworn to and subscribed before me this.....day of.....1947...... Person making return. ...... Tax Assessor..... NOTE: This oath shall be subscribed by the person making the return and the administration and taking of the oath shall be attested by the City Tax Assessor or his deputy, but the oath of nonresident females and sick persons may be taken and subscribed before any person authorized to administer an oath and forwarded to the Tax Assessor. CLAIM FOR PERSONALTY EXEMPTION NOT IN EXCESS OF $300.00. Explanation: Under the provisions of Article VII, Section I, Paragraph 4 of the Constitution of Georgia of 1945, municipalities are permitted to exempt from taxation, All personal clothing, household and kitchen furniture, personal property used and included within the home, domestic animals, tools and implements of trade of manual laborers (but not motor vehicles). Unless this exemption is claimed by April 1st of each year, by written application under the provisions of Section 92-242 Georgia Code Annotated, and a schedule of the property filed, the exemption may not be allowed. You must file a claim for this exemption.

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AFFIDAVIT. I do solemnly swear that I am entitled to have exempted from taxation by the City of Rossville the personal property described in statement thirteen of the foregoing return of personal property. Exemption is claimed for 1947. _____ Claimant Exemption (allowed) (disallowed) This_____day of_____1947. _____ Chairman Board of Tax Appeals. Section 81. Be it further enacted by the authority aforesaid, that the owners of properties of any kind within the corporate limits of the City of Rossville shall make returns thereof to the Tax Assessor of said City on or before April 1st of each year (beginning with April 1, 1947). Returns shall include all property owned by them on January 1st of each year (beginning with January 1, 1947) and shall be in the following form: Tax returns, when to be made. White Taxpayer's Return of Property for Taxation by the CITY OF ROSSVILLE, GEORGIA, For the Year_____, as of the first of January. Ward No._____. Returns of Property for Taxation Made By: Tax-return forms. _____ Name _____ Mailing Address _____ Residence Address In compliance with the Laws of Georgia and the Charter of the City of Rossville, the undersigned submits herewith the following tax return: RETURN OF REAL ESTATE

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RETURN OF PERSONAL PROPERTY

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Section 82. Be it further enacted by the authority aforesaid, that the Board of Tax Appeals of the City of Rossville shall carefully consider all applications for the exemption of personalty to the amount of $300.00 from taxation, and shall at the time said Board of Tax Appeals examines said returns, grant the exemptions claimed. No exemption shall be allowed unless claimed and the claim supported by the oath or affirmation of the taxpayer. Exemption of personalty. Section 83. Be it further enacted by the authority aforesaid, that the City Tax Assessor shall have printed yearly, at the expense of the City of Rossville, and kept available at his office at the City Hall, for the use of all persons required by law to file tax returns in said City, a sufficient supply of the tax return forms hereinbefore provided for. Supply of tax-return forms.

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Section 84. Be it further enacted by the authority aforesaid, that all persons owning real or personal property, or having real or personal property, in their charge and control in any capacity whatsoever, either as agent, trustee, or otherwise, shall complete their respective city tax returns and file them with the City Tax Assessor at his office at the City Hall not later than April 1st of each year. The Tax Assessor shall open his office at the City Hall not later than March 1st of each year and keep the same open until April 1st, and receive said returns. The City Tax Assessor, or any deputy tax assessor appointed by him is hereby empowered to administer oaths to all persons making city tax returns. The City Tax Assessor shall give notice of the opening of his office for the purpose of receiving tax returns by posting three or more notices in different public places of each respective ward of said City, notifying the public of the opening of his office for the purpose of receiving said tax returns, and further notifying the public when the said returns shall be filed. Tax returns, when due. Notice of opening of Tax Assessor's office to receive returns. Section 85. Be it further enacted by the authority aforesaid, that the Tax Assessor shall have all property returned, whether exempted from taxation or not, which is required by the laws of said City to be returned for taxation, and the City Tax Collector shall collect the taxes upon such property. Tax Assessor, Tax Collector; duties. Section 86. Be it further enacted by the authority aforesaid, that all real and personal property in said City subject to taxation, shall be returned by the person owning the same, or by his agent or attorney, to the Tax Assessor of said City. The Tax Assessor shall require all persons making returns of real or personal property in said City to describe the same fully, and in the case of land, to return the same by subdivision lot numbers, district and section numbers, as well as ward of said City in which said land lies, and when lands have no such designation then by such description as will enable the Tax Assessor to identify said lands, and said Tax Assessor shall not receive any return of land which does not so designate said land. Description of property on which returns made. Section 87. Be it further enacted by the authority aforesaid, that the Tax Assessor shall place the names of white and colored taxpayers in each ward of the City, upon the

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Tax Digest in alphabetical order. Names of colored and white taxpayers shall be made out separately on the Tax Digest. Names on tax digest. Section 88. Be it further enacted by the authority aforesaid, that if a person fails to make a return, in whole or in part, or fails to affix a value to his property, the Tax Assessor shall make the valuation and assess a tax thereon, and in all other respects make the return for the defaulting person from the best information he can obtain, and he shall double the tax in the last column of the Digest against such defaulter, after having placed the proper market value on specific return in the proper column, and for every year's default, the defaulter shall be taxed double until a return is made. Double tax for failure to make return. Section 89. Be it further enacted by the authority aforesaid, that if there is taxable property, real or personal, in the said City, that is not returned by any person to the satisfaction of the Tax Assessor, when he comes to conclude his Digest, and he does not know the owner, it is his duty to assess and double tax it, describing it particularly, and the same power is conferred upon the City Tax Collector as to such property, when not assessed or when overlooked by the Assessor. Assessment of property where owner unknown. Section 90. Be it further enacted by the authority aforesaid, that when a taxpayer has been returned as a defaulter and doubly taxed, either by the Tax Assessor or the Tax Collector, the Mayor and Council of said City are authorized to relieve the defaulter of the penalty for default at such time as they see proper; provided, that said taxpayer shows to the Mayor and Council that either for providential or other good cause he has had no opportunity to make his returns to the Tax Assessor, and at the time of such relief, promptly pays all taxes due. Relief of tax defaulters. Section 91. Be it further enacted by the authority aforesaid, that when the owner of property has omitted to return the same for taxation at the time and for the years the return should have been made, or having returned his property or any part of same, has grossly undervalued the property returned, or his property has been assessed for taxation at a figure grossly below its true value, such owner, or if dead, his personal representative or representatives,

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shall return such property for taxation for each such year he is delinquent, whether delinquency results from failure to return or from gross undervaluation, either by the delinquent or by assessors, said return to be made under the same laws, rules and regulations as existed during the year of said default, or the year in which said property was returned or assessed for taxation at figures grossly below its true value; provided, that no liens for such taxes shall be enforced against any specific property which has previously been alienated or encumbered, and is in the hands of an innocent holder without notice. Delinquency from failure to return or gross undervaluation. Section 92. Be it further enacted by the authority aforesaid, that when such property is of that class which should be returned to the Tax Assessor of said City, the said Tax Assessor shall notify in writing such delinquent, or if dead, his personal representative or representatives, of such delinquency, requiring that a return thereof shall be made within twenty days. Notice to delinquent. Section 93. Be it further enacted by the authority aforesaid, that if the delinquent or his personal representative or representatives as provided under Section 92 refuses or fails to return such property after notice given him, the Tax Assessor shall assess such property for taxation from the best information he can obtain as to its value for the years in default, and notify such delinquent of the valuation, which shall be final, unless the person so notified shall claim that it is excessive, in which event, the further procedure shall be by petition in equity, in the Superior Court of Walker County. The assessment, when completed and entered upon the City Tax Digest shall be adopted and used to levy taxes for municipal purposes. If delinquent refuses or fails to return. Section 94. Be it further enacted by the authority aforesaid, that where the property subject to tax in said City is such as is returnable annually to the City Tax Assessor, the Tax Assessor of said City shall assess the same at the valuation fixed in the annual returns, if satisfactory to him; if not, he shall within ten days after receiving said returns, make an assessment of said property from the best information he can procure, and notify, in writing, the person or officer making the returns, who shall have the privilege within ten days after receiving such notice, to refer the question

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of the true value to arbitrators, one to be chosen by himself and one to be chosen by the Tax Assessor with power in the two so chosen to choose an umpire in case of disagreement, and their award shall be final. Said assessment, when completed and entered upon the Tax Digest, shall be adopted and used by the City of Rossville to levy taxes for all municipal purposes. Should the taxpayer desire to contest the taxability of his property under this Section, he may do so by petition in equity in the Superior Court of Walker County. Should the two arbitrators provided for in this Section fail to agree upon the value of the property and fail to name an umpire within ten days after the appointment, the umpire shall be named by the Mayor and Council of the City of Rossville, as the case may be. Contest of assessment. Section 95. Be it further enacted by the authority aforesaid, that the Tax Assessor of the City of Rossville shall arrange all returns alphabetically according to wards, and bind said returns in well bound covers, and deliver said returns to the Chairman of the Board of Tax Appeals not later than April 10th of each year. Binding of tax returns. Section 96. Be it further enacted by the authority aforesaid, that a Board of Tax Appeals of the City of Rossville is hereby created. It shall be the duty of the Mayor and Council of said City to immediately elect, when this Act shall become effective, three freeholders residing within the corporate limits of the City of Rossville, to compose a Board of Tax Appeals. One member of said Board shall be elected for a term of one year, one member for a term of two years, and the third member for a term of three years. The term for which each respective member is elected, as well as the name of said member, shall be entered upon the official minutes of said City. It shall be the duty of the Board of Tax Appeals to perform the duties hereinafter stated. In case of a vacancy in the Board at any time, caused by death, resignation, removal, or otherwise, the vacancy shall be filled by the Mayor and Council and the appointment shall be made for the remainder of the unexpired term of the member no longer serving on said Board. Board of Tax Appeals. Terms of members. Vacancies. Section 97. The members of the Board shall be freeholders and residents of said City, and if any member of said Board shall at any time cease to be a freeholder or

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resident of the City of Rossville, he shall vacate his office and the vacancy shall be filled in the manner hereinbefore provided. Qualifications of members. Section 98. Be it further enacted by the authority aforesaid, that the members of the Board of Tax Appeals of the City of Rossville shall take an oath before the Mayor of said City to faithfully and impartially perform the duties imposed upon them by this law, and shall swear that he is not the holder of any public money due this City unaccounted for, that he is not the holder of any office or trust under the Government of the United States and that he is qualified to hold the office according to the Charter of the City of Rossville. Oath. Section 99. Be it further enacted by the authority aforesaid, that the members of said Board of Tax Appeals during the time they hold their offices and for one year thereafter, shall be ineligible to hold any other office in the City of Rossville, but they may be reelected to succeed themselves as members of said Board. Members of Board of Tax Appeals to hold no other City office. Section 100. Be it further enacted by the authority aforesaid, that the members of the Board of Tax Appeals shall be paid as compensation for their services such amount as may be fixed from time to time by the Mayor and Council of said City. The compensation to be paid to said members shall not be less than $7.50 per day for the time they are actually discharging the duties required of them. Compensation of the members of said Board and such other expense as may be necessary to be incurred in the performance of their duties shall be paid by the City of Rossville. Compensation of members. Section 101. Be it further enacted by the authority aforesaid, that upon a petition by ten or more freeholders of said City to the Judge of the Superior Court of Walker County in term time, or at chambers, that any one or more members of the Board of Tax Appeals of the City of Rossville are disqualified, or are not properly and impartially discharging their duties, or are discriminating in favor of certain citizens, or class 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 Walker County to be fixed in said citation, not less than ten, or more than

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twenty days, from 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 Superior Court of Walker County 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 defending member, or members, of said Board of Tax Appeals from office, and declaring a vacancy therein. Either party to the controversy dissatisfied with the judgment and order may take said case to the Court of Appeals of Georgia by Bill of Exceptions as in other cases. Complaint against member of Board. Action in Superior Court. Bill of exceptions to Court of Appeals. Section 102. Be it further enacted by the authority aforesaid, that no member of the Board of Tax Appeals of the City of Rossville shall be eligible to serve in any case, when said member is related to, employed by, or a stockholder of, or directly or indirectly connected with the person, firm or corporation whose tax returns or assessments are being questioned before said Board of Tax Appeals. In the event any member of said Board finds himself disqualified, it shall be his duty to report said fact to the Mayor and Council, who shall appoint some other freeholder and qualified person of said City to serve, upon taking the required oath, and otherwise properly qualifying, in the particular case only, in which said regular member of said Board of Tax Appeals finds himself disqualified. Disqualification. Section 103. Be it further enacted by the authority aforesaid, that the Board of Tax Appeals of said City shall elect one of their number as chairman. The Board shall have authority to employ a competent person to serve as secretary. The person so employed shall keep a record of the proceedings of the Board of Tax Appeals and shall receive for his services in this capacity such compensation as may be fixed by the Mayor and Council of said City, but not less than $7.50 per day while actually attending sessions of the Board, the same to be paid by the City of Rossville. The

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Board of Tax Appeals shall have authority to employ agents to seek out unreturned taxable property, real and personal, in said City and bring it to the attention of the Board. Said persons so employed shall be allowed for such services a commission of not more than ten per cent of the tax collected by the City from such unreturned property so discovered and placed upon the Digest by the efforts of said agents. The commission allowed said agents shall be paid by the City Treasury out of amounts so placed on the book by said agents, and when collected by said City, as a part of the expense of said Board. Board of Tax Appeals. Chairman. Secretary. His compensation. Agents. Section 104. Be it further enacted by the authority aforesaid, that the Board of Tax Appeals of the City of Rossville shall meet on the 12th day of April of each and every year and if said date is Sunday or a legal holiday, then on the next day and receive and inspect the tax returns to be laid before them by the Tax Assessor as hereinbefore provided. Said Board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the Board of Tax Appeals any taxpayer has omitted from his returns any property which should be returned, or has failed to return any of his property at a just and fair valuation, the Board shall correct said returns and shall assess and fix the just and fair valuation to be placed upon the property, and shall make a note thereof and attach the same to the returns. It shall be the duty of the Board to see that all taxable property within the City is assessed and returned at its just and fair valuation, and that valuations as between the individual taxpayers are fairly and justly equalized, so that each taxpayer shall pay as near as may be, only his proportionate share of taxes. When any such corrections, changes, assessments or equalizations have been made by the Board, the Board shall within a period of five days, give notice to any taxpayer of any changes made in his return, either personally or by leaving the same at his residence or place of business, or by sending said notice through the United States mail to his last known place of address. In all cases where an assessment is made or return is made, or altered by authority by the Board of Tax Appeals of the City of Rossville as herein provided, and notice is not given personally to the taxpayer, as herein provided, notice of such

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assessment or such change shall be posted in front of the City Hall in the City of Rossville, which posted notice shall contain the name of the owner liable to taxation, if known, and a brief description of the property, if the owner is unknown, together with a statement that the assessment has been made or the return changed or altered, as the case may be, and need not contain any other information. It shall be the duty of the City Clerk to make a certificate as to the posting of such notice, which certificate, signed by the City Clerk, shall be recorded by the Board of Tax Appeals in a book kept for that purpose. A certified copy of such certificate of the City Clerk, duly authenticated by the Chairman of the Board of Tax Appeals, shall constitute prima facie evidence of the posting of such notice as required. Meetings. Duties and procedure of Board of Tax Appeals. Section 105. Be it further enacted by the authority aforesaid, that upon receipt of the notice provided for in Section 104 that changes have been made in the returns of any taxpayer, said taxpayer shall have the right to appear before the Board of Tax Appeals personally or through counsel and demand a hearing before said Board. Every citizen and taxpayer of said City requesting such hearing shall do so within a period of five days from the date of receipt of the notice of changes made in his said returns, and said Board of Tax Appeals shall, upon being notified of the desire of the taxpayer for a hearing, set said matter down for a hearing before said Board within a period of five days from the date said Board receives said notice from said taxpayer that said hearing is demanded. Hearings before Board. Section 106. Be it further enacted by the authority aforesaid, that it shall be the duty of the Board of Tax Appeals to diligently investigate and inquire into the property owned in said City for the purpose of ascertaining what property, real and personal, is subject to taxation in the City and to require its proper return for taxation. The Board of Tax Appeals shall make such investigations as may be necessary to determine the value of any property, upon which, for any reason, all taxes due to the City of Rossville have not been paid in full as required by law, and in all cases where the full amount of taxes due said City have not been paid, it shall be the duty of the Board of Tax Appeals to assess against the owner, if known, and

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the property, if the owner is not known, the full amount of taxes which have accrued, and which may not have been paid at any time within the statute of limitation. In all cases where taxes are assessed against the owner of property, the Board of Tax Appeals may proceed to assess the same against the owner thereof according to the best information obtainable, and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. Investigation of ownership and value of property. Section 107. Be it further enacted by the authority aforesaid, that said Board of Tax Appeals for the City of Rossville shall have authority to issue subpoenas for the attendance of witnesses and to require by subpoena duces tecum the production by any person, firm or corporation of any books, papers, or documents, which may contain any information material upon any question relative to the existence or to the liability of property subject to taxation, or the question of the identity of the owner of property liable to taxation, or other matters necessary to the proper assessment of taxes lawfully due the City of Rossville. Such subpoena or subpoenas duces tecum may be issued in the name of the Board, signed by any one or more members of the Board, or by the secretary thereof, and served upon a taxpayer or witness or any party required to produce documents or records, three days before the day upon which any hearing by the Board of Tax Appeals is scheduled, at which the attendance of such parties or witnesses, or the production of such documents is required. If any witness subpoenaed by such Board of Tax Appeals as authorized by this Section, shall fail or refuse to appear, or shall fail or refuse to answer questions propounded, or shall fail or refuse to produce any books, papers, or documents, required to be produced by an order of such Board, except upon a legal excuse which would relieve such witness of the obligation to attend as witness or to produce such documents before the Superior Court, if lawfully required to do so, such person shall be guilty of contempt, and shall be cited by said Board of Tax Appeals to appear before a Judge of the Superior Court of Walker County, and such Judge shall have the same power and jurisdiction to punish such person for contempt and to require and compel the giving of such testimony or the production of such books and records,

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as in cases of contempt committed in the presence of the Court as in cases pending in such Court. Witnesses before Board of Tax Appeals. Section 108. Be it further enacted by the authority aforesaid, that the Board of Tax Appeals of the City of Rossville may by rules or regulations, consistent with the provisions of this Charter, provide the manner of ascertaining the value for taxation of any real or personal property not appearing in the Digest of any year within the period of the statute of limitation; it being the purpose and intent of this law to confer upon said Board of Tax Appeals full power and authority necessary to have placed upon the Digest an assessment or valuation of all property in the City of every character which is subject to taxation and for which City taxes may not have been paid in full. Rules and regulations of Board of Tax Appeals. Section 109. Be it further enacted by the authority aforesaid, that whenever under the provisions of this Charter any notice, subpoena, or writing is required to be given or served, the same may be served by the Chief of Police, the City Marshal, or any other lawful policeman of the City of Rossville, and such officer shall be paid for his service the same fees as are paid officers for serving similar process in civil suits, the same shall be paid by the City of Rossville. Service of subpoenas, etc. Section 110. Be it further enacted by the authority aforesaid, that the Board of Tax Appeals of the City of Rossville shall complete their examination, equalization, revision and assessment of the returns of taxpayers in the City of Rossville by the 22nd day of April of each year. Said returns shall thereupon be immediately delivered to the City Tax Assessor, who shall within eight days from the receipt of said returns, properly enter the same in typewritten form upon the official Tax Digest which shall be in such form as the Mayor and Council may prescribe by ordinance, and shall complete said official Digest not later than the 1st day of May of each year, and deliver said Digest, together with the original tax returns delivered to him by the Board of Tax Appeals, to the Tax Collector of said City, who shall immediately submit said Digest to the Mayor and Council, who shall approve or disapprove the same within two days from the date of submission. Upon approval of said Digest by the Mayor and Council, the

Page 1350

Tax Assessor thereupon shall be entitled to receive the compensation provided for the Tax Assessor of said City, as hereinbefore provided. Tax returns, when to be delivered to Tax Assessor. Submittal to Mayor and Council. Section 111. Be it further enacted by the authority aforesaid, that if any taxpayer is dissatisfied with the action of the Board of Tax Appeals, he may within ten days from the giving of said notice, in the case of residents, and within twenty days in the case of nonresidents of said City, give notice to the Board of Tax Appeals that he demands an arbitration, giving at the same time the name of his arbitrator; the Board shall name its arbitrator within three days thereafter and these two shall select a third within three days, a majority of whom shall affix the assessment, and the property upon which said taxpayer shall pay taxes, and said decision shall be final. The said arbitrators shall be freeholders of the City, and shall render their decision within ten days after the date of the naming of the arbitrator by the Board of Tax Appeals. In the event the two arbitrators provided for in this Section fail to name a third within five days after their appointment he shall be named by the Judge of the Superior Court of Walker County. Before entering upon a hearing, each arbitrator shall take an oath before the Tax Assessor or the Chairman of the Board of Tax Appeals, both of whom are hereby authorized to administer oaths, that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them, according to the law and justice and the equity of the case. Arbitration of assessments. The compensation of such arbitrators shall be $7.50 per day for the time they are actually in session and the compensation of said arbitrators shall be paid, one-half by the City, and one-half by the person demanding the arbitration. Compensation of arbitrators. Section 112. Be it further enacted by the authority aforesaid, that no person, firm or corporation shall receive the aid of law or equity in any of the Courts of this State until said person, firm or corporation has first exhausted the right to a hearing before said Board of Tax Appeals, and thereafter demanded, if dissatisfied with the decision of said Board of Tax Appeals, arbitration of said assessment,

Page 1351

and has paid the cost and otherwise complied with all requirements prescribed by the Mayor and Council of said City. Hearing before Board requisite before other action. Section 113. Be it further enacted by the authority aforesaid, that arbitration proceedings or hearings then pending before the Board of Tax Appeals and not completed by April 22nd of each year, shall not delay the completion of the Tax Digest by the Tax Assessor and its transmission to the Tax Collector by May 1st of each year. If arbitration proceedings or hearings are not completed by May 1st the findings of the Board of Tax Appeals or the award of the arbitrators shall be certified to the Tax Collector as soon as they are completed and the Tax Collector shall thereupon enter the same on the Tax Digest. Pending proceedings and hearings not to delay completion of Tax Digest. Section 114. Be it further enacted by the authority aforesaid, that any ad valorem taxpayer of the City of Rossville may, if he believes himself discriminated against, by an undervaluation or nonassessment of the property of others in said City, file a petition with the Mayor and Council, setting forth the grounds of discrimination, and the extent and amount of undervaluation or nonassessment on the property of others as compared with the assessment and valuation placed against his property. The Mayor and Council shall within ten days from the filing of said complaint, refer the same to the Board of Tax Appeals for determination, after a twenty day notice to the taxpayer whose property has been allegedly undervalued or nonassessed. The Board of Tax Appeals shall hear complaint and shall fairly and impartially determine the fair market value of the property in controversy. Complaint by taxpayer against undervaluation or nonassessment of property of others. Any party to said proceedings shall have the right to demand arbitration of the value placed on said property by the Board of Tax Appeals, as provided in Section 111 of this Charter. Arbitration. Section 115. Be it further enacted by the authority aforesaid, that the Tax Collector of said City shall, as soon as the Tax Digest has been approved, as herein provided, immediately calculate the taxes owing said City by each respective taxpayer and shall notify each taxpayer by mail the amount of taxes owing said City and shall collect all taxes. He may appoint a deputy tax collector who shall

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give bond in an amount determined by the Mayor and Council before performing any duties as such deputy, and such bond must be approved by the Mayor and Council. Notice of taxes due; collection. Deputy Tax Collector. Section 116. Be it further enacted by the authority aforesaid, that the City Tax Collector shall prepare at the time the City taxes are calculated, an official combination receipt and itemized statement, showing the purpose for which said taxes were levied, the same to be prepared in duplicate in the following form: Tax receipt form. Property Personalty Net No._____ Returned $_____Exemption $_____Value $_____Ward_____ OFFICE OF THE CITY TAX COLLECTOR ROSSVILLE, GEORGIA. Upon payment of said taxes, the Tax Collector shall deliver the original receipt, marked or stamped PAID to the taxpayer, and shall also stamp PAID the duplicate copy, which shall be retained by the Tax Collector and which shall be a charge against him. Receipts. Section 117. Be it further enacted by the authority

Page 1353

aforesaid, that at the same time the foregoing form of official receipt is prepared, the City Tax Collector shall also prepare a tax execution in the following form: Form of tax execution. Property Personalty Net No._____ Returned $_____Exemption $_____Value $_____Ward_____ CITY OF ROSSVILLE, GEORGIA. TO THE CHIEF OF POLICE OR CITY MARSHAL OF THE CITY OF ROSSVILLE, THE SHERIFF OF WALKER COUNTY, ANY DEPUTY SHERIFF OF SAID COUNTY AND THE CONSTABLES OF SAID STATE: You are commanded that of the goods and chattels, if any be found, otherwise, of the lands and tenements of: Said execution shall be levied as provided in this charter or a return made due search made and no property found on which to levy within fi. fa., and signed by the proper officer.

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Section 118. Be it further enacted by the authority aforesaid, that said tax fi. fa. may be levied by the Chief of Police, any policeman of said City, the City Marshal, or any deputy Marshal, the Sheriff of Walker County, or any of his deputies, or any constable of said County, all of whom are hereby specifically empowered to levy said City tax executions. The Chief of Police shall be ex officio City Marshal of the City of Rossville. Who may levy tax fi. fas. Section 119. Be it further enacted by the authority aforesaid, that all taxes owing the City of Rossville shall be paid not later than December 20th of each year. It shall be the duty of the Tax Collector to issue tax fi. fas. on December 21st of each year for all unpaid taxes and place said tax fi. fas. in the hands of the City Marshal or Chief of Police, or any other person authorized by law to levy the same, who shall at once levy and collect the same, and account to the City Tax Collector. The levying officer shall levy said tax fi. fas. or make a signed return thereon that search has been made and no property found upon which to levy said fi. fa. before said fi. fa. may be classified as insolvent. Any policeman, Chief of Police, or Marshal making a false return shall immediately be declared ineligible to hold office and his services with said City immediately terminated. Levy of fi. fas. Section 120. Be it further enacted by the authority aforesaid, that it shall be the duty of the City Marshal or Chief of Police and any other person authorized by law, to levy and collect all fi. fas. for taxes, assessments, privilege licenses, and any other type or kind of taxes, and fines due to the City of Rossville, and all other fi. fas. that may be issued under authority of this Charter, to advertise and sell property so levied upon, and make title to the purchaser and to put the purchaser in possession of property so sold under the same rules and regulations that govern sheriffs, or deputy sheriffs, at sheriffs' sales; he shall also perform such other duties as the Mayor and Council may by ordinance, require of him; he shall give bond in such amount as may be required by resolution of the Mayor and Council. Duties of City Marshal and others as to fi. fas. Section 121. Be it further enacted by the authority aforesaid, that whenever any personal property has been levied on in the City of Rossville, if such property is of

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such character as to render its removal to the place of sale more than ordinarily expensive, or inconvenient, the same may be sold at any place within the corporate limits of said City at public outcry within the hours now provided by law, and after having given notice as required by law. Sale of property inconvenient to remove. Section 122. Be it further enacted by the authority aforesaid, that all executions or fi. fas. in favor of said City for the enforcement and collection of any tax, forfeiture, fine, assessment, or other claims, demands, or debt shall be issued by the Tax Collector of the City of Rossville and said execution shall be directed to the Chief of Police, City Marshal, or any person hereinbefore specifically authorized by law to levy a City tax execution, and said execution shall state for what the same is issued, and it shall be the duty of the officer in whose hands said execution has been placed to levy the same, and to advertise the sale of such real or personal property as may have been levied upon by him to satisfy said execution in the same manner respectively, as sheriff's sales or real property or constable's sales or personal property are required by law to be made. All of said sales shall be made at the place and within the usual hours of sale as sheriff's and constable's sales are made, and under the same rules and regulations governing sheriff's sales and constable's sales on similar property. 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 sales under execution for State and County tax. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with 10% premium thereon. Executions and fi. fas. in general. Tax sales. Section 123. Be it further enacted by the authority aforesaid, that whenever at such sale no one present shall bid for the property put up for sale as much as the amount of such execution 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 such property for said City, and the City Marshal or such other officer making the sale shall make the City of Rossville a deed to the property so sold, and deliver the same, and the title thus acquired by said City shall be perfect and

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valid after the period provided for redemption by the owner shall have expired, and the City Marshal or other officer shall put the City in possession. The City Tax Collector shall enter on his Execution Docket all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder. All sales and conveyances made under executions as provided in this Charter shall have all the force and effect of conveyances and sales made by sheriffs of this State, and the officer making the sale shall have the same power as the sheriff to put purchasers in possession of property sold by them. Tax sales. Section 124. Be it further enacted by the authority aforesaid, that all deeds by the City of Rossville or the Chief of Police or City Marshal, or other officers empowered by law to sell said property, pursuant to tax sale, or sales, under execution issued for the collection of City taxes, assessments, or any other indebtedness of any kind, character, or description, owing to the City of Rossville, Georgia, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due the State and County; provided, it shall be competent for parties denying the validity of such deeds to put in evidence the proceedings preliminary to the execution of such deeds. The purpose of this Section being to give to such deeds the same prima facie form and validity which is accorded to the tax deeds made by officers of the State and County. Tax deeds as evidence. Section 125. Be it further enacted by the authority aforesaid, that the City Manager shall have general supervision of all streets, lanes, alleys, and sidewalks of said City, the construction and upkeep of all public buildings found in said City, assignment of space in public buildings to the various offices of said City, the laying and construction of all sewers, drains, and curbs of said City, the waterworks, and all that is connected therewith, the electric light system, and all that is connected therewith, the sewerage and sewerage disposal system and all that is connected therewith, the gas system, and all that is connected therewith, and the performance of all other duties that may be required of him by ordinance or resolution. General supervision of City Manager over public ways, buildings, etc. Section 126. Be it further enacted by the authority aforesaid, that the City of Rossville, through the Mayor

Page 1357

and Council, shall have full power and authority to make contracts concerning and having exclusive power over the streets, alleys, water courses, sewers, drains, bridges, public grounds and buildings, and any other public property within said City, except as afterwards provided in this Charter. Said City authorities may also drain and fill up wells, ponds, cellars, or low grounds, or compel the owners to do so, and may provide for the assessment of the costs of any such improvements upon the property thereby benefited or for the payment of such costs by the City. Said Mayor and Council may also cause buildings, structures, or other things, in the way of any street, sewer, or any other public improvement, to be taken down, removed, or appropriated, upon payment of damages as provided by law; and may enter upon, seize, appropriate, and condemn for streets, alleys, sewers, drains, parks, monuments, memorials, memorial squares, cemeteries, or all other public purposes, all lands, easements, and rights-of-way of any person, company, or corporation, owning, controlling, or having an interest in any stream, steam railroad, electric and other street railway, bus lines, or any other property, whether used for private or public purposes, and whether such lands, easements, and rights-of-way, or other public or private property, may be occupied by any person, company or corporation or not, upon payment of damages for the purpose so taken, And in case the parties at interest cannot agree, then the City may proceed to assess the damage as provided by the Laws of Georgia, as set forth in Section 36-201 to 36-607 inclusive of the Civil Code of Georgia of 1933, or any law supplementary thereto or amendatory thereof. Public ways, buildings, etc. Condemnation for public use. Section 127. Be it further enacted by the authority aforesaid, that all officers and agents employed by the City, except ordinary laborers and mechanics, shall take and subscribe to an oath to faithfully perform the duties of their office, and if required by resolution of the Mayor and Council, shall give bond payable to the City of Rossville, Georgia, in some reputable insurance company, authorized to do business in this State, for such an amount as said Mayor and Council may designate, to be approved by the City Manager, conditioned for the faithful performance of the duties of their office. Premiums on such bond to be paid by the City of Rossville. Officers and agents of City. Oath. Bond.

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Section 128. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council shall deem it proper to macadamize, pave, or otherwise improve any of the streets, lanes or alleys, or to improve the sewerage or waterworks system of said City, they shall have a survey made of the streets, sewers, and waterworks system, and plans, specifications, and estimates of the costs of the improvements contemplated, they shall establish and fix a grade of the streets to be improved, and shall determine the size and location of the sewers, and the mains for the water system; thereupon said Mayor and Council, by and through the City Manager, may then proceed to make said improvements as hereinafter provided. Surveys and plans for public improvements. Section 129. Be it further enacted by the authority aforesaid, that said City of Rossville, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, alleys, lanes, sidewalks, and other public places in the City of Rossville, and to improve the same by paving, macadamizing, draining the same, whenever, in its judgment, the public's convenience and welfare may require such improvements, subject only to the limitations in this Act. Paving and drainage. Section 130. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City shall have full power and authority in its discretion, to grade, pave, macadamize, and otherwise improve the sidewalks, streets, squares, public lanes, and alleys of said City, and no grading, paving, macadamizing shall be done except under the direction of the Mayor and Council. No owner, or other person, firm, or corporation shall have any authority to grade, pave, or macadamize any of the streets, sidewalks, squares, public lanes, or alleys of said City, and all such paving, grading, or macadamizing must be done either by the Mayor and Council or by contract made by said Mayor and Council as hereinafter provided. All paving and draining of public ways to be done through Mayor and Council. Section 131. Be it further enacted by the authority aforesaid, that whenever said Mayor and Council shall deem it necessary or advisable to grade, pave, or macadamize any of the Streets of said City, said Mayor and Council shall pass a resolution, which shall be entered upon the Minutes of said City, and published in two issues of a newspaper

Page 1359

published in the City of Rossville, which resolution shall give full particulars relative to the paving project, the street, or streets, to be paved or macadamized, the materials to be used, the part, or parts, of said street to be paved or macadamized, and the approximate cost of said paving project. Said resolution shall appoint or fix a date not later than 15 days subsequent to said application for a hearing before the Mayor and Council. Any property owner or other interested party shall have the right to appear before said Mayor and Council at the date so fixed to file any objections or protests relative to said paving project; and if the owner, or owners, of more than one half of the linear front footage of the land fronting on such improvements are liable to assessment to pay for such improvement on such street shall not, within the time fixed by said resolution or ordinance, file with the Clerk of the Council, their protest in writing against paving project, then said Mayor and Council shall have the power to either undertake the paving contract by itself, or to contract therefor, and to levy assessments for the cost of the same against the property and the owners of the property adjacent to and abutting on either side of said street or streets. Any number of streets which the Mayor and Council may deem it necessary or advisable to pave may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately, except as when treated as one project as herein provided. When the Mayor and Council shall sign the resolution as hereinbefore provided, the cost of said project, or projects, shall be assessed as follows: The entire cost of said project, including grading, excavating, engineering, curbing or guttering, the laying of water or gas lines, newspaper advertising, and other things usual and incident to the proper paving of any street, including all intersections, shall be divided on a basis of one-third to the owners of property adjacent to or abutting such street on one side, and one-third of said cost against the owners of said property adjacent to or abutting on the other side of said street so paved, and one-third to be paid by the City of Rossville. When said assessments have been made against said property, and the owner, or owners thereof, if not paid on or before the date fixed by the Mayor and Council, the

Page 1360

City Tax Collector shall issue an execution against said property, or properties, and against the owner, or owners thereof, which execution shall be superior to all other liens against said property, except liens for taxes. When an execution is issued as herein provided for, it shall be the duty of the Chief of Police or City Marshal to levy upon and advertise said property, or properties, for sale in the same manner as other executions for taxes are levied on real property as provided by law. Whenever any property shall be sold by virtue of said execution, such sale shall vest absolute title in the purchaser, and the Chief of Police or City Marshal shall have authority to eject any occupants and to put the purchaser, or purchasers, into full possession; provided, the owner of the said real estate shall have the right to file his affidavit of illegality, denying the whole or any part of the amount for which said execution is issued, and shall state the amount which he admits to be due, with all costs, shall be paid before the affidavit of illegality shall be received, and the affdavit of illegality shall be returned to the Superior Court of Walker County, and then tried and the issue determined as in cases of illegality, subject to the penalty provided as in cases of illegality filed for delay. Published notice of intention to improve. Hearing. Assessment of cost of improvements. Executions. Section 132. Be it further enacted by the authority aforesaid, That whenever any owner, or owners, of property, or properties, adjacent to any street, alley, avenue or lane, desire to have said street, alley, avenue, or lane paved, macadamized, or otherwise improved, and shall petition the Mayor and Council to have such paving, macadamizing, or improving done at the expense of the property owners abutting or adjacent to any such street, alley, avenue, or lane, said Mayor and Council shall pass a resolution, if they deem such a paving, macadamizing, or improving necessary or expedient, and cause said resolution or ordinance to be published in the manner and form provided for in Section 131 and providing that the entire expense shall be paid for by said property owners, and in the event that the owners of the majority of the linear footage on both sides of the street, avenue, lane, or alley, fail to file their written objections or protests, as provided in Section 131, then said Mayor and Council shall either undertake, themselves, to do said paving at the expense of said property owners or contract

Page 1361

for said paving, macadamizing, or improving in the same manner as hereinbefore in Sections 130 and 131 of this Charter, excepting that the entire cost shall be assessed against the property owners. Petition of property owners for improvements. Section 133. Be it further enacted by the authority aforesaid, That whenever any property owners shall petition for any paving, improving, macadamizing of any street, alley, lane or avenue, they shall set forth fully in their petition the kind of paving, macadamizing, or improving desired, and the materials desired to be used, and when such petition shall have been filed with the Mayor and Council, they shall cause an estimate to be made of the approximate cost thereof, which approximate cost shall be stated in the resolution and published as hereinbefore provided for. What petition to include. Section 134. Be it further enacted by the authority aforesaid, That whenever all the owners of all the linear footage abutting on or adjacent to, any street, avenue, alley, or lane, shall petition the Mayor and Council for the paving, macadamizing, or improving of the same, setting forth in said petition the type of paving, macadamizing, or improving desired, and the materials desired to be used, and if said Mayor and Council shall determine if it is necessary or expedient to pave, macadamize, or improve said street, alley, avenue, or lane, it will be unnecessary to publish any resolution with reference to same, but said paving, macadamizing, or improving in that event may be performed in the manner, or manners, provided for by this Charter. No published notice required if petition to pave signed by all abutting owners. Section 135. Be it further enacted by the authority aforesaid, That whenever the Mayor and Council shall deem it necessary or advisable to pave, or repave any sidewalk of said City, they shall pass a resolution or ordinance, stating that it is necessary to lay said paving of such sidewalks, which paving shall be done by the Mayor and Council, or under its direction, the entire cost of same to be assessed against the abutting property, which assessment shall be a lien against said property, and the owner thereof, and collection shall be enforced as other executions in favor of the City of Rossville are enforced. All assessments under this Act, paving, grading, macadamizing, or improving streets,

Page 1362

alleys, avenues, or sidewalks, shall pay interest at the rate of 7% per annum from the date said assessment became due. Sidewalks. Assessments. Section 136. Be it further enacted by the authority aforesaid, That if the Mayor and Council shall deem it necessary to lay any curb and gutter in any street or alley, it shall order same to be done, and the abutting property shall be liable only for one-third of the cost of the same, for which the City of Rossville may issue execution as other executions in favor of the City are issued and enforced. Curbs and gutters. Executions. Section 137. Be it further enacted by the authority aforesaid, That in all cases where the Mayor and Council shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, sidewalk, or other public place, which had been paved or improved prior to the passage of this law, such repavement or improvement is hereby authorized to be done under, and in pursuance of the provisions of this Act, and all such provisions for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said Mayor and Council of said City, the pavement is worn out and no longer serviceable. Repaving, etc. Section 138. Be it further enacted by the authority aforesaid, That whenever the abutting land owners of any street, alley, avenue, or lane of said City petition the Mayor and Council of said City, as herein set forth, to pass a resolution or ordinance provided for in Sections 131, 132, 133 and 134 of this Charter, for the pavement of any street, alley, avenue, lane, or other public place, where the State or any of its political subdivisions is the owner of any property on said street, the frontage so owned is to be so counted as if owned by an individual and shall be likewise treated for the purpose of assessment; and where the State is the owner, the Governor is authorized to sign any petition provided for in this Charter, and where the County is the owner, the Commissioner of Roads and Revenue for Walker County is authorized to sign in behalf of the County, and where the City of Rossville is the owner, the Mayor of said City is authorized to sign for the City of Rossville. Where abutting property owner is State or political subdivision.

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Section 139. Be it further enacted by the authority aforesaid, That in addition to, and cumulative of, the plan, or plans, of paving, macadamizing, or improving any street or highway in said City, heretofore provided for in this Charter, the Mayor and Council of said City may, in its discretion, cause said paving, macadamizing, or improving of any street or highway to done under the plan known as the BABY BOND, plan of City paving, whereby the assessment for the cost of the same are paid in annual installments. In the event this plan is adopted for any project, then the procedure prescribed by an Act of the General Assembly of Georgia of 1927, Page 322 et seq., providing for street improvements in municipalities having population of six hundred or more, said Act being embodied and codified in Section 69-401 to Section 69-434 inclusive of the Georgia Code of 1933, shall be followed. In the event this plan is adopted by public referendum as provided in Section 69-402, Georgia Code of 1933, then said Act, and all of its provisions, shall be in force and effect as though said Act was included verbatim in this Charter, and the same shall be followed as is fully set out in this Charter. Baby bond plan. Section 140. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to lay out, establish, plot, open, widen, narrow, straighten, extend, grade, pave, or macadamize streets, lanes, alleys, public grounds, parks, public buildings, bridges, viaducts, markets, and other places within said City or to have the same done under the direction of the City Manager, and whenever the Mayor and Council shall exercise or desire to exercise the power of establishing, plotting, opening, widening, narrowing, straightening, extending or to do anything else which would involve the actual taking of private property, they shall proceed to do so, as is now provided by the laws of the State of Georgia in Section 36-201 to 36-607 inclusive of the Civil Code of Georgia of 1933 and the amendments thereto, or any amendment that may hereafter be made. General authority over public ways, parks, etc. Section 141. Be it further enacted by the authority aforesaid, That said Mayor and Council shall have full power and control of the waterworks and sewerage system, any gas system or electric light system which might be

Page 1364

established or constructed in the City of Rossville whether lying within or without the City limits, to make such extensions and betterments thereof as can be paid out of any income therefrom, or out of any appropriations that may be made by the Mayor and Council for that purpose; to regulate the distribution and use of water in all places and for all purposes and from time to time to fix the price and payment for the use thereof. The City Clerk shall issue executions against tenants and landlords, jointly and severally, for water or sewerage rent due by them, or either of them, to be levied and collected by the City Marshal or the Chief of Police of said City in the same manner and under the same rules and regulations as now apply to constable's sales in this State, and the cost thereof shall be the same as now applied to such sales. Defendants in said executions who are not so indebted for water charges, gas charges, sewerage charges or light charges or tax, may resist the payment therefor by illegality, returnable to either the Justice Court held in the City of Rossville, or to the Superior Court of Walker County, Georgia, if the amount in controversy exceeds the sum over which the Justices of the Peace have jurisdiction. The City Manager is authorized to require payment in advance, or at maturity, for water or gas furnished, sewerage services or electricity furnished by the City, in or upon any building, place, or premises, and in case payment shall not be made as required, to shut off the water from said buildings, places, or premises, as well as the lights, gas and sewerage, and to keep the same, at his discretion, shut off until the arrears due for water, gas, lights, or sewerage connections, with interest thereon, shall be fully paid and, by himself, officers, or agents, to enter any dwelling or other house where water is used, and where unnecessary waste is known or suspected, and examine the cause thereof, to prevent any such waste and to make or require to be made any alterations in the pipe, stop cocks, or other apparatus necessary for such purpose; to examine all surface pipes, stop cocks, and other apparatus connected with said system, and to ascertain whether the same are of the character and dimension fixed in the manner directed therefor, and to shut off the supply of water until such examination and repairs are made. Water, gas, sewerage, etc.

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Section 142. Be it further enacted by the authority aforesaid, That said Mayor and Council may provide for and collect an annual rental for each connection made to any sewer inside and outside of said limits, the terms, conditions, and rental thereof to be determined before any such connections are made, and said Mayor and Council shall have authority to make assessment for the use of such sewerage line. Rental for sewer connections. Section 143. Be it further enacted by the authority aforesaid, That there shall be appointed by the Mayor and Council, in accordance with the provisions of Section 32-2701, Georgia Code of 1933, seven trustees of the Public Library of the City of Rossville, which said trustees shall exercise and discharge the corporate powers of said City with reference to said Library. Said Board of Trustees shall exercise a strict and rigid supervision over said Public Library and shall pass all necessary rules and regulations for the government and control of the same; shall elect a librarian, and if necessary, an assistant librarian, or designate some other officer, or officers, to perform the duties of librarian or assistant librarian, and shall appoint and discharge the said officer, or officers, at pleasure. Disbursement of funds for the support, maintenance, and operation of said library shall be in accordance with provisions of Section 32-2702 Georgia Code of 1933, and the requirements of said Section shall be otherwise complied with by the Board of Trustees. Said Board of Trustees are authorized to accept and receive donations, either in money, land, or other property, for the purpose of erecting, or assisting in the erection of suitable buildings for the use of said public library, or maintaining the same, or in assisting in maintaining the same. Public Library. The trustees elected by the Mayor and Council aforesaid shall meet and elect a chairman, a vice chairman, secretary, and treasurer. The present Board of Trustees shall serve for the remainder of the term to which they have been elected and until their successors are elected and agreed to serve. Section 144. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Rossville are hereby authorized and permitted to establish, support, and maintain a City Trade School for adults, or

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any other vocational institution or educational institution of any kind for the purpose of providing education facilities and advantages for any person, irrespective of age, unable to attend school under the control of the Department of Education of the State of Georgia, or the County School System of Walker County. The existing educational facilities of the Rossville Public Library, which said Library's facilities are hereby declared to be for education in said City, and for which a tax for education, as an extraordinary expense to said City is permitted, shall be available for such purpose. City Trade School. Section 145. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Rossville are hereby authorized, empowered, and permitted to employ some person with suitable qualifications to write, compile, and publish an official history of the City of Rossville. Official history of City. Section 146. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have full power and authority to establish by ordinance, a Board of Health to serve without compensation, to provide the funds necessary for its establishment, and to specify its functions, powers, and duties. Said Board of Health, if established, shall consist of three members to be appointed by the Mayor and Council, one of whom shall be the City Physician, and the other two to be qualified voters of said City. They shall serve for such term as may be fixed by the Mayor and Council. Said Board of Health, if established, or if none is established, then the City Manager shall require the police department to look after the matters hereinafter designated; and the Mayor and Council shall have authority to pass ordinances for the following purposes, and to provide penalties for any violation thereof. Board of Health. Members. (a) To prevent the deposit of unwholesome substances, either on public or private property, and to compel removal to any designated point of any substances so deposited; to require slop, garbage, ashes, and other waste, or unwholesome material, to be removed to designated point, or to require occupants of premises to place them convenient for removal. They may provide for the destruction of such substances, or their use for some beneficial purpose. Health ordinances.

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(b) To require the occupants or owners of any premises, buildings, or outhouses, where the same has become filthy or unwholesome, to abate or cleanse the same, and to authorize such cleaning to be done by the proper public officer, and to assess the expense thereof and to collect such expense from said occupant or owner. (c) To establish quarantine regulations as to authorize the removal to designated places or the confinement of persons having infectious or contagious diseases. For the purpose of this law, the City is given jurisdiction for two miles from any corporate boundary. (d) To compel all persons living or coming within the City limits to be vaccinated, and to provide the means and manner thereof. (e) To regulate and require reports and records of births and deaths. To make such requirements as may be deemed necessary to prevent the spread of contagious and infectious diseases, and to make all regulations that may be deemed expedient for the promotion of health and the suppression of disease. (f) To require the inspection of gas and water pipes, plumbing, sewerage, and drainage of private premises, or elsewhere, and compel them to be repaired or made safe and secure by the owner or occupant of the premises, or buildings with which they are connected, and on failure of said owner or occupant to do so, to authorize or require such connections to be cut off until such repairs are made. (g) To provide for the inspection of food, milk, dairies, both within and without the City and particularly dairies producing milk products sold within the corporate limits of said City, markets, and slaughter pens, and for the proper enforcement of this clause, said Mayor and Council shall provide for a food inspector for the City of Rossville, to be appointed by the City Manager and to fix by ordinance, his term of office, compensation, and duties, or said City Manager may select some other official of said City to perform these duties. The said inspector provided for in this clause shall have authority to visit all dairies, butcher pens, or places where animals are slaughtered, within Walker County, the products of which are offered for sale within the corporate limits of the City of Rossville,

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and to condemn the same in accordance with such rules and regulations as may be provided by the Mayor and Council by ordinance; and when such establishments have been so condemned, it shall be unlawful for any person to sell or offer for sale the product thereof within the corporate limits of the City of Rossville, and the said Mayor and Council are authorized and empowered to prescribe penalties for violation of this clause; said inspector shall also have authority to inspect all meats, vegetables, fruits, milk, and other food products offered for sale within the corporate limits of said City, and to condemn and have the same destroyed in a summary manner and in accordance with such rules and regulations as may be prescribed by the Mayor and Council. Said Mayor and Council are also empowered to require all persons offering meats, milk, or other food products for sale within the corporate limits of said City, to obtain a permit to do so before offering such meats, milk, or other food products for sale. (h) The Mayor and Council are empowered and authorized to open, construct, and keep in repair, garbage and sewer disposal work, sewers, drains, and ditches, and they are empowered to regulate all water closets and privies within said City, and are further specifically empowered, authorized, and required to prohibit the pollution of any stream of water flowing through said City, by the dumping of textile waste or other chemical elements into said stream, and are further authorized to prohibit the placing of food, goods, wares and merchandise, vegetables or fruits or any other salable commodity, on the sidewalks of said City, and to require the streets of said City to kept in a clean and sanitary condition at all times. (i) If the Mayor and Council establish a Board of Health, as herein provided, said Board of Health shall have authority to provide rules, regulations, and bylaws necessary for their government, and for the proper sanitation of said City, and for the protection of the public health. Section 147. Be it further enacted by the authority aforesaid, That a Police Department and Fire Department is hereby created for said City to consist of a Chief of Police and a Chief of the Fire Department, and such other officers, patrolmen, firemen, roundsmen, and other arresting

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officers, who shall be deemed necessary by the Mayor and Council. Said Chief of Police shall be ex officio City Marshal in said City. Police Department and Fire Department. Section 148. Be it further enacted by the authority aforesaid, That it shall be the duty of said Chief of Police and police officers to preserve the peace, protect life and property, prevent as far as possible, the violation of the ordinances of said City and the laws of said State, and arrest offenders against such ordinances and laws, and to perform such other duties as may be required of them incident to their office. It shall be lawful for the Chief of Police, policemen, or any other arresting officer of said City, to arrest with or without warrant, subject to the general laws of the State, any person, or persons, within the corporate limits of said City, who, at the time of said arrest, or before that time, had been guilty of violating any of the ordinances of said City, the laws of the State of Georgia, or who are fugitives from justice found in said City, and hold such persons so arrested until a hearing of the matter before the proper officer having jurisdiction in such cases can be had; and to this end, said arresting officers are authorized to imprison and confine any person arrested by them in the City jail for a reasonable length of time. Said officers are authorized to the same extent as sheriffs to execute warrants placed in their hands, charging any person or persons with violating the criminal laws of this State; and they are hereby vested with all the powers given to sheriffs of this State as to the pursuit, arrest, and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the County of Walker, any persons charged violating any of the ordinances of said City; provided, that when the arrest is made within twenty-four hours after the offense is committed, they are not authorized to arrest the offender outside the corporate limits of said City, except in obedience to written warrants signed by the Mayor of said City. The said Chief of Police or other arresting officers of said City may take bond for the appearance of the persons arrested by them before the Mayor's Court of said City, and all such bonds may be forfeited as provided for in this Charter. Cash bonds shall not be taken, and only those persons who may qualify under the laws of

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Georgia as to solvency shall be accepted as surety on said appearance bonds. All bonds may be forfeited as provided in this Charter in the event the principal therein fails to appear in accordance with the terms thereof. Said arresting officer shall be entitled to receive the same fees as sheriffs for executing State warrants and for performing such other duties as arresting officers are required to perform in prosecution of offenses against the laws of the State of Georgia. General powers and duties of Police Department. Section 149. Be it further enacted by the authority aforesaid, That all arresting officers of the City of Rossville, as provided in this Charter, shall have the power and authority to summons any and all bystanders to aid in the arrest of any person, or persons, violating any ordinance of said City, or any laws of this State, and the Mayor and Council of said City shall have authority to provide punishment for any person, or persons, failing or refusing to obey such summons. Arresting officers, power and authority of. Section 150. Be it further enacted by the authority aforesaid, That a Fire Department is hereby created for said City, to consist of a chief and such foreman and firemen as may be determined by the Mayor and Council by proper resolution. The chief foreman and firemen shall be appointed by the City Manager. Fire Department. Section 151. Be it further enacted by the authority aforesaid, That the Chief of the Fire Department may also be designated as building inspector and as such shall perform, either by himself or through subordinates, all necessary duties that may be provided in this Charter, or the ordinance of said City incident to the duties of said office. Chief of Fire Department as Building Inspector. Section 152. Be it further enacted by the authority aforesaid, That said Mayor and Council are hereby empowered to regulate the construction of chimneys, smoke stacks, hearths, the erection of stoves and stove pipes, boilers and apparatus in buildings and other places, as well as factories, manufacturing establishments, and cause the same to be removed or made secure when same are considered dangerous. They may authorize the Chief of the Fire Department, or any other designated officer or agent of said City, at all reasonable hours, to enter and examine all dwellings, outhouses, manufacturing establishments, business

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houses, lots and yards in said City, and to inspect all places where fire is used or liable to occur, and to take all necessary means to prevent danger thereform; and to compel occupants and owners of houses, manufacturing establishments and other buildings to make scuttle holes in the roof thereof with stairs or ladders reaching the same, and to compel the erection of fire escapes; and they are also empowered to require and regulate the use of smoke consumers. Building inspection, etc. Section 153. Be it further enacted by the authority aforesaid, That said Mayor and Council are hereby empowered to provide for the inspection and regulation of all electric work and wiring, and the plan of operation of all moving pictures or other machines or plants, by machinery or electricity on private property or elsewhere, and to compel such work, if defective, to be repaired or made secure by the owner or occupant of the place or building with which such wires or electric apparatus is connected, and on failure of any such owner or occupant to do so, to require the electric current or other connections to be cut off until such repairs are made, or defects remedied, and said Mayor and Council are authorized to compel compliance with such requirements, and the building inspector or other agent of said City may be empowered by said Mayor and Council to compel the enforcement of this Section of this Charter. Electric work and wiring. Section 154. Be it further enacted by the authority aforesaid, That the Mayor and Council are empowered to define the fire limits of said City, and to regulate the character of building and the erection thereof within such limits; and to limit the height to which buildings may be erected in said City, to regulate the construction of said buildings, as to foundation, walls, roofs, doors, windows, and floors, so as to secure safety in the structure and to prevent the spread of fire, to authorize, require, and provide for the inspection of such buildings and structures, erected, or to be erected, or in the process of erection, to require a permit for the erection, repairing, or remodeling of any building, and to authorize the revoking of such permit, and the condemnation of any building already erected, in whole or in part, and to provide penalties for violating this Section. Before the issuance of a building permit to any person, firm, or corporation to erect, construct, remodel,

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or change any existing building, or to make addition to any existing building, manufacturing plant, store, or other building, the Mayor and Council may require the applicant of such license to file with the City Manager, detailed plans and specifications at least two days before said construction, erection, expansion, addition, remodeling, or other alterations in existing buildings are made, and the Mayor and Council shall have authority to require and collect a fee not exceeding $50.00 for each building permit so granted. Building regulations, permits, etc. Section 155. Be it further enacted by the authority aforesaid, That the Mayor and Council are empowered to compel persons about to undertake any work which may be dangerous, or is likely to involve liability upon the City, to execute a good bond with good and sufficient security, conditioned for the payment of any damages that may be sustained by any person from such work. Bond required before undertaking dangerous work. Section 156. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Rossville are hereby authorized and empowered to erect, construct, operate, and maintain an electric light and power plant, or electrical distribution system both within and without said City, to be owned by said City, with authority to furnish lights and power for the streets and other public places in said City, and, in the discretion of the Mayor and Council, to furnish lights and electric power to private persons, firms, or corporations, both within and without said City, and to charge and collect for such lights and power. Electric light and power plant. Section 157. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Rossville are hereby empowered and authorized to pass such ordinances as may be necessary to secure the safety of citizens and other persons, in the running of trains or cars in and through the said City, whether propelled by steam, electricity, or other motive power; are authorized to compel persons or corporations, owning or operating railroads, to fence their respective roads and to construct cattle guards and street crossing at the intersection of public roads and streets, and to keep the same in repair and safe condition for persons, or corporations, to construct and maintain

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gates and to keep flagmen at railroad crossings and provide protection against injury to persons or property from the operation of such railroads, trains, or cars; to require any railroad company running a car, engine, or train of cars over any street in the night time, to maintain a street light or wig-wag system at such crossing; to authorize and require railroads, interurban or street car companies to change the location, grade and crossing of their respective railroad; to compel them to lower or raise their tracks, so as to conform to any grade that may be established in said City; to compel persons or corporations, owning or operating railroads, to construct and maintain viaducts, bridges, tunnels and approaches thereto across their respective railroads or rights of way at streets, alleys, crossings or other public places; to compel railroads and street car companies to construct their tracks in the streets and at the crossings as not to interfere with their drainage of the streets and alleys, and to keep the tracks at grade level with the street; to require railroads or street car corporations, or persons owning or operating such roads, to keep gutters and street crossings clean along their rights of way, prohibit the laying of railroad tracks across or upon any street or alley or public place without permission being first obtained from said Mayor and Council therefor, and to provide for the taking up and removing of any tracks so laid without notice, and charge the expense thereof against the offending person, firm, or corporation; to require railroads, street car companies that may hereafter occupy their tracks on any of the streets, alleys, or other public places of the City, to improve in such manner as the Mayor and Council may direct, so much of the streets, alleys, or other public places as is occupied by such tracks and two feet on each side thereof; and in case where there are two or more tracks to require such railroad or street car company to improve also the place between such tracks, and cause such improvements to be made and assess the cost thereof against such railroad, or street car company, and make such assessment a lien on the property of such company, and collect the same in the same manner as against other property in said City; to compel persons or corporations, owning or controlling railroads or street cars, busses or taxicabs to maintain depots or stations and to keep other places where passengers get off and on the

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busses, trains, or cars, lighted, heated, clean and in a good comfortable sanitary condition, and to name and designate the places in said City where busses may pick up and discharge passengers, and in default thereof, or failure to comply with such requirements of said City, to provide a punishment for the violation of the ordinance adopted in relation thereto and to compel interurban and street car companies and bus companies or other persons operating or controlling same, to use all modern equipment for the safety, comfort, and convenience of the public. Public safety. Section 158. Be it further enacted by the authority aforesaid, That the City of Rossville is hereby expressly empowered to grant franchises, exclusive except against itself, for a period of not more than 30 years for the performance, maintenance, and operation of any and all public works, to any person, firm or corporation, and shall have the power to define by ordinance or resolution or other enactment the meaning of the term public work within the purview of this paragraph. An exclusive franchise so granted by the City of Rossville shall not be subject to revocation or termination in the absence of the consent of the holder or grantee thereof during the period for which it is granted, unless the holder or grantee thereof fails or refuses to carry out the terms, conditions, and provisions which constituted consideration for the grant thereof, or unless said holder or grantee shall be guilty of misfeasance with respect to the powers, duties, and privileges granted under the said exclusive franchise. A franchise granted by the City of Rossville and expressly designated by it to be exclusive shall not be subject to attack by any person, firm or corporation whatsoever, other than the said City. The City of Rossville shall not grant to any other person, firm, or corporation, any rights, powers, privileges, or duties which have previously been made the subject of an exclusive franchise until the original exclusive franchise shall expire. No franchise granted by the City of Rossville shall be deemed to be exclusive unless the Act of the City granting same shall expressly declare it to be so. All franchises granted by the City of Rossville shall be granted by the legislative act of the Mayor and Council and subject to all the rules and regulations set out in this Charter for the enactment of legislation by the said Mayor

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and Council respecting franchises and rights in the nature of franchises. All rights heretofore granted by the City of Rossville shall be strictly construed, and any person, firm, or corporation engaged in public work in the City of Rossville in the absence of authority granted by law under this Charter or previous Charter provisions of the City of Rossville, shall be enjoinable by the City from continuing to exercise such power and authority as it had previously been exercising without legal right and from interfering with the exercise of similar powers by any person lawfully authorized to do so by the City of Rossville. The City of Rossville shall be an indispensable party to all legal proceedings involving in any manner the grant of a franchise and the exercise of powers allegedly granted by it, or involving the exercise of rights in the nature of franchise rights within its limits. The City of Rossville shall have the power and authority to permit the grantee of a franchise to acquire by gift, grant, purchase, eminent domain, or other legal means, all real and personal property, or rights therein, of any kind or nature, within or without the limits of the City of Rossville necessary and proper for its exercise of powers granted to it by the franchise. The grant of a nonexclusive franchise by the City of Rossville shall not preclude the said City from granting a similar franchise to any person, firm, or corporation to perform the same duties within the same territory. The grant of an exclusive franchise shall not impair the validity of a previously legally acquired nonexclusive franchise. The City of Rossville shall not have the power to withdraw powers lawfully granted under franchise unless the power of withdrawal is especially made a part of the terms of the franchise. No future changes in the form of government or other Charter provisions of the City of Rossville shall impair rights acquired under franchise, whether exclusive or nonexclusive, granted under the terms of this law. Franchises. Section 159. Be it further enacted by the authority aforesaid, That the City Clerk shall keep a book to be known as Record of Franchises, which shall be a public document and properly indexed, and that each and every franchise granted by the City of Rossville shall be recorded in said book, together with the petition therefor, and all proceedings with reference thereto and reference by page

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to the proceedings in other books; said record shall be made within five days after said franchise is finally granted or such franchise shall be null, void and of no effect. Record of Franchises. Section 160. Be it further enacted by the authority aforesaid, That each and every applicant for a franchise, or renewal of franchise, shall file an application with the Mayor and Council of the City of Rossville containing the full terms and stipulations of such application. The Mayor and Council shall thereupon refer said application for a franchise to the City Attorney for a formal written opinion respecting the same, and the opinion of the City Attorney shall be entered upon the official record of franchises if the same is finally granted. After the opinion of the City Attorney has been obtained, the Mayor and Council shall thereupon consider said application and may grant or refuse the same in accordance with the terms and provisions of this Charter and their discretion in said matter. Application for franchise. Section 161. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power to acquire by condemnation, or other lawful means, rights of way for streets, gas lines, water mains, electric light poles, wires and transformers, lanes, alleys, sewers and drains, through and upon lands outside of and beyond the corporate limits of said City, for the purpose of connecting the streets, lanes and alleys of said City to public highways outside of the City Limits, and the sewers and drainage, water and gas mains, light poles, lines and transformers within the City with streams or water sheds, gas and water mains, high tension power lines, and transformers beyond said corporate limits, whenever and wherever such connections are ordered by proper corporate action of the Mayor and Council of said City, with power and jurisdiction to build, construct, maintain, protect, and police such extra urban streets, alleys, lanes, sewers, and drains, water and gas mains, light poles, high tension lines, and transformers as completely as if they were located within said City limits. Whenever it is necessary to condemn any property for the purpose above indicated, the same shall be done in the same manner and under the same rules and regulations provided in this Charter for the condemnation within the City limits. Condemnation of property for public use.

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Section 162. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Rossville has power and authority to prescribe the rate or rates for all water, gas or lights supplied by the City of Rossville to all persons, firms, or corporations, residing within or without the limits of the City of Rossville, and may in their discretion, fix a higher rate for water, gas or lights furnished by the City to any person, firm, or corporation, residing without the City limits. Water, gas and light rates. Section 163. Be it further enacted by the authority aforesaid, That all fire hydrants connected to the City water mains, used by any person, firm or corporation outside or the corporate limits of said City, shall be paid for at a rate to be prescribed by the Mayor and Council. Fire hydrants. Section 164. Be it further enacted by the authority aforesaid, That when suit is filed against the City of Rossville on account of injuries resulting from the use of streets or sidewalks of said City by any person, firm, or corporation, for any purpose whatever, or where such a suit if filed on account of the defective condition of the streets or sidewalks of said City whereby law or ordinance the duty of keeping the same in repair is imposed upon any person, firm or corporation, or where such suit is filed on account of the defective condition of the streets or sidewalks of said City, whereby law or ordinance the duty of repairing the street or sidewalk, or laying or relaying the pavement of said street or sidewalk, may be imposed upon any person, firm or corporation, or where such suit is filed on account of damage done to person or property resulting from defective walls, chimneys, roofs, awnings, buildings, signs, or other structures, objects or things in said City, where by law or ordinance the duty of removing, repairing, or making the same safe for the public may be imposed upon any person, firm or corporation, and notice to do so has been served upon such person, firm, or corporation, prior to said injury or damage, and said person, firm, or corporation has failed to comply therewith, in all cases the City of Rossville, by resolution passed by the Mayor and Council, shall have the right and power to vouch such person, firm, or corporation into court to defend the suit so brought, and the person, firm, or corporation shall be bound

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by the results thereof; the manner of vouching and the liability in case thereof to the same as provided by the laws of Georgia where a warranter of title to realty is vouched into court. Suits against City for damages. Section 165. Be it further enacted by the authority aforesaid, that all existing ordinances, resolutions, and laws, now existing and enacted by the authority of the Mayor and Council of the City of Rossville, or which may hereafter enacted by said Mayor and Council shall remain and be of full force and effect, unless and until repealed by the Mayor and Council. Force of existing ordinances. Section 166. Be it further enacted by the authority aforesaid, That the Mayor and Council of the City of Rossville are hereby permitted, empowered, and authorized to appoint a Board of Censors of three persons to view, inspect and examine in advance of a showing to the public, all films to be shown by any motion picture house or theatre in said City and said Board is hereby authorized to determine whether or not said film to be shown by any motion picture house or theatre in said City would be detrimental to the morals of children or any persons of the community. Said Board shall also be empowered to view in advance any play or act to be shown in any theatre in said City to the public generally in advance of the playing thereof. The Board may prohibit altogether the showing of a picture or play which, in its opinion, is detrimental to the morals of said City. Board of Censors. Section 167. Be it further enacted by the authority aforesaid, That any group or organization desiring to conduct parades, exhibitions or engage in other activities requiring the use of the public streets or other public places or the interference with traffic thereon in said City, shall, before commencing said parades, demonstrations or exhibitions, first apply to the Mayor and Council and obtain a permit therefor. No group of individuals whose identity may not be established at all times shall be granted a permit to use said streets for the purpose of parades, demonstrations or exhibitions. Any person, or group of persons, using said streets for parades or exhibitions without a permit or concealing their identity while using said streets or other public places after a permit has been granted, shall

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be arrested and tried for violation of this provision of said Charter, and punished as for a misdemeanor. Parades and exhibitions. Section 168. Be it further enacted by the authority aforesaid, That a special election shall be called in said City for the purpose of electing a councilman from the sixth Ward, within 60 days after the passage of this Act. Said special election shall be called, held, and the results declared as provided for special elections in this Charter. Councilman for Sixth Ward. Section 169. Be it further enacted by the authority aforesaid, That in addition to the powers hereinbefore mentioned, said City shall have power: to levy and collect a street or capitation tax on all residences of the City, and also a tax on all the property within the corporate limits of said City, which is subject to a tax under the Constitution and laws of this State, and upon all trades, businesses, callings, professions, sales, labor, pursuits, which are legal subjects of taxation, as they may deem expedient, and may enforce the payment of the same by license or direct tax in such a manner as the Mayor and Council may determine to be the most advantageous; also to impose, assess, levy and collect occupation taxes, taxes on capital invested in said City, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuit of any profession, faculty, trade or calling, banks, insurance, express and other corporations, association and agencies, and all other property and sources of profit as are not expressly prohibited or exempt by the laws of this State or of the United States; but all taxation on property shall be uniform on the same classes of subjects and ad valorem on all property, subject to taxes in said City, and the power and authority to raise by assessments and taxes, revenue for all lawful City purposes and power herein defined and for all objects and purposes for which revenue may be raised now by said City. Additional power to tax. Section 170. Be it further enacted by the authority aforesaid, That a City Planning Commission for the City of Rossville is hereby created. City Planning Commission. The Commission shall consist of seven members to be elected by the Mayor and Council. The members thereof shall serve for the time specified in the resolution appointing them. The persons so elected shall elect one of their

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number as Chairman and another member thereof as Secretary. Vacancies on the Commission shall be filled by the Mayor and Council. Members of the Commission shall not be compensated for services rendered by them but its expenses shall be paid by the Mayor and Council. Members. Vacancies. Four members of the Commission shall constitute a quorum. The Commission shall keep complete records of its proceedings, hearings, orders, and decisions. The Commission is hereby authorized and empowered to employ such persons, technical, clerical, or otherwise, as may be necessary within the limits of any funds provided therefor by the Mayor and Council. The Board is hereby authorized and empowered to accept emergency fund grants from the Federal Government or from the State Government, or by gift from individuals. Quorum, employees, funds. It shall be the duty of said Planning Board; General duties of Board. (a) To make surveys, prepare maps, and publish information on land use and classification with a view to determine, among other things, areas suitable for industrial and urban expansion, population distribution, streets, highways, parks, roads and alleys, within and without, the corporate limits of said City and their relation to the development of said City, water supply, drainage, sewerage, building and housing conditions, real properties, inventories, control of land subdivisions, tax maps, long range financial programs, and other subjects affecting the health and welfare of the people of said City. (b) To make a broad study of matter relating to the physical, social, and economic development of the resources of said City, and to prepare and perfect plans for the physical development of said City, and to recommend development of recreation areas, water supply, and other related matters and things necessary for a proper development of the City of Rossville and its adjacent territories. To develop long term policies in relation to agriculture, land and water utilization, flood control, conservation, tree cutting, water shed protection, and the preservation of the beauty of the city and countryside, and to submit such plans and reports with respect thereto to the Mayor and Council for consideration. Section 171. Be it further enacted by the authority

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aforesaid, That it shall be the duty of the City Planning Commission, and they shall have power to recommend or make suggestions to the Mayor and Council and other authorities concerning the laying out, widening, extending, and parking, or location of streets, sidewalks, and boulevards; the relief of traffic conditions, congestion, and development of housing and sanitary conditions, and the establishment of zones or districts, suggestions concerning the use, height, area, and build of buildings or structures; to recommend to the Mayor and Council and all other public authorities, plans for the future growth, development, and improvement of the community, and especially in regard to its public and private buildings, the works, streets, parks, grounds and vacant lots, and plans, consistent with the future growth and development of the City, looking toward the proper sanitation, and especially service by public utilities, and generally to do and perform any and all other acts or things necessary or proper to carry out the provisions of this Act, to study and propose such measures as may be advisable for the promotion of public interest, health, morals, safety, comfort, convenience, and welfare of said City. Recommendations of City Planning Commission. Section 172. Be it further enacted by the authority aforesaid, That the City Planning Commission shall prepare and submit to the Mayor and Council a comprehensive plan for zoning the City for the purpose of suggesting the proper location of streets, apartment houses, dwellings, and other uses of property, the height of buildings, the area of the lots, the provisions of yard space and the fixing of building lines. It is not intended by this provision to vest in said Commission the authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity, and to give the owners and builders the benefit of the suggestions, all looking toward the final betterment and improvement of the City. Zoning plan. Section 173. Be it further enacted by the authority aforesaid, That no ordinance or resolution authorizing any building, work, or improvement, where same is done by authority of the City, or for the benefit of the City, shall be passed by the Mayor and Council unless the same shall have first been submitted to the Planning Commission for its consideration and report thereon, and when any ordinance

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or resolution relating to such matters is presented to the Mayor and Council, the resolution or ordinance, shall upon its introduction, refer such ordinance or resolution to the Planning Commission, and the Mayor and Council shall not act thereon until a report has been made by said Commission. If the Commission fails to report thereon within ten days, the Mayor and Council may pass the resolution or ordinance without such report. Planning Commission to report on ordinance and resolution for improvements. Section 174. Be it further enacted by the authority aforesaid, That the Mayor and Council shall have authority to enact zoning and planning laws whereby said City may be zoned or districted for various uses, and other or different uses prohibited therein and regulating the uses for which said zones or districts may be set apart, and regulating the plans for the development and improvement of real estate therein, all in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare and shall adopt, by ordinance, a plan, or plans, for the districting or zoning of the City for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The City may be divided in such number of zones or districts and such districts may be of such shape and area as the Mayor and Council shall deem best suited to accomplish the purpose of zoning regulations. In determining and establishing of districts and regulations, classifications may be based upon the nature or character of the trade, industry, profession or other activity conducted, or to be conducted, upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public, quasi-public, or private nature of the use of premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. Zoning laws authorized. Section 175. Be it further enacted by the authority aforesaid, That for the reasons above stated, said Mayor and Council shall have the further right and power, in any

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district proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class, or classes, or residents to be housed therein, and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the City and the residences thereof. Subclassification of residential districts. Section 176. Be it further enacted by the authority aforesaid, That no ordinance adopting zoning regulations as above authorized shall be passed by the Mayor and Council until after a comprehensive plan for the zoning of the City has been prepared and submitted to the Mayor and Council by the City Planning Commission. Whenever the City Planning Commission shall certify to the Mayor and Council, a plan for the zoning of the City, the Mayor and Council shall hold a public hearing thereon, and shall give three weeks' notice of the time and place thereof in a newspaper of general circulation in the City, and during said time, a copy of such plan and proposed ordinance shall be on file for public examination in the Office of the City Clerk, or such other office as may be designated by the Mayor and Council. No ordinance, measure, or regulation which violates, differs, or departs from the plan or report submitted by the City Planning Commission shall take effect unless passed by the Mayor and Council after 30 days' notice to the City Planning Commission. Hearing on zoning plan. Section 177. Be it further enacted by the authority aforesaid, That the Mayor and Council may, from time to time, amend or change the regulations of districts established by the Zoning Ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall be first submitted to the City Planning Commission for approval or disapproval, and the City Planning Commission shall have been allowed a reasonable time, not less than 30 days, for consideration and report. Whenever the owners of fifty per cent of the land in any area shall present a petition duly signed and acknowledged to the Mayor and Council, requesting an amendment of the regulations prescribed for such area, it shall be the duty of the Mayor and Council to pass upon said petition within 60 days from the date of filing of said petition with the City Clerk. Zoning plan, changes in.

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Section 178. Be it further enacted by the authority aforesaid, That the zoning regulations shall be enforced and administered by the City Manager under rules and regulations prescribed by ordinance of the Mayor and Council. The Mayor and Council shall create and elect a Board of Zoning Appeals to be composed of three citizens and freeholders of said City and to be elected for such term and to perform such duties as the Mayor and Council, by ordinance, prescribe. Said Board shall hear and decide appeals from, and review, any order, requirement, decisions, or determination, made by the City Manager in the enforcement of the zoning regulations. All proceedings before said Board shall be in accordance with the procedure prescribed by Zoning Ordinance of the Mayor and Council. Board of Zoning Appeals. The Mayor and Council may authorize the Board of Zoning Appeals to administer the detail or the application of any zoning regulation and may delegate to such Board in accordance with the general rules set forth in the zoning ordinances, power to permit exception to and variation from the zoning regulations, and to administer the zoning regulations as specified therein, or such administrative powers of functions may be delegated by the Mayor and Council, either in whole or in part, to the City Planning Commission, and the City Planning Commission, when acting in accordance with such delegation, shall be the Board of Zoning Appeals. Duties of Board. Section 179. Be it further enacted by the authority aforesaid, That every decision of the Board of Zoning Appeals shall be subject to writ of certiorari from the Superior Court of Walker County, Georgia, upon the same terms as such writs are issued in any case. Appeal from Board's decision. Section 180. Be it further enacted by the authority aforesaid, That all Acts and parts of Acts granting corporate authority to the City of Rossville in Walker County, and all acts amendatory thereof, not contained in this Act, are hereby repealed, and that this Act alone contains the Charter of said City of Rossville, Georgia. Repealing provision. Section 181. Be it further enacted by the authority aforesaid, That this act containing sections one to one hundred and eighty shall not take effect, until a majority of the legal voters of the City of Rossville, Georgia ratify this

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act, at an election, which the Mayor Council of said city shall call not sooner than ninety days after the passage of this act, and not later than six months after the passage thereof. Notice of said election shall be posted in ten public places in each ward of said city, and a sufficient number of copies of this act shall be printed and made available at the city hall for any citizen of said city desiring the same, the expense of which printing shall be paid by the City of Rossville. This shall be done immediately after the final passage of this act. Referendum. Said Election shall be held in the manner in which special elections are held in said city. The ballots to be used at said election shall have printed thereon the words For New Charter and Against New Charter. In the event a majority of the persons voting at said election vote in favor of adopting said New Charter the results shall be duly entered on the minutes by the city clerk, and said New Charter containing the aforesaid sections shall thereupon be in full force and effect. In the event a majority of the voters vote against the New Charter, the results shall be declared and entered on the minutes, and the present charter of said city shall be and remain in full force and effect. Any act required to be performed by the terms of the New Charter within a certain date which might have passed before the said New Charter is submitted for referendum, shall be, in the event of the adoption thereof, done and performed as soon as possible after the adoption thereof. The provisions of sections six and seven of the act approved August 17, 1914 amending the Charter of the City of Rossville, shall, in so far as the same provides for registration of voters, be applicable to the election to be held by the terms of this section. Approved March 28, 1947.

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CEDARTOWN CHARTER AMENDMENTSADDITIONAL TERRITORY; WARDS ABOLISHED; TAXATION. No. 344 (House Bill No. 479). An Act to amend an Act approved March 29, 1937, entitled An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government, with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, and all Acts amendatory thereof, by fixing and defining the corporate limits of the City of Cedartown and extending same so as to include additional territory south of and adjacent to the present corporate limits of said City; by eliminating the division of said City into wards; by empowering the City Commission of said City, for the purpose of raising revenue for the operation and maintenance of said City Government, to levy and collect a tax not exceeding ten per cent of the gross revenues of all amusement shows, amusement houses, amusement companies, amusement games, amusement devices, and all other amusements, in said City, and to impose penalties for failure to pay such tax; by amending section 47 of the Charter of said City (Acts of General Assembly of 1937, page 1625), by providing that, effective from and after the year 1947, the owners of properties within the corporate limits of said City shall make returns thereof to the Secretary of said City Commission on or before the first day of May of each year of all property subject to taxation owned by them on the first day of April of each year, and to provide a penalty for failure to make such returns; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 1-B of an Act of the General Assembly of Georgia approved January 30, 1946 (Georgia Laws 1946, pages 413 et seq.) amending said Act approved March 29, 1937, which said section 1-B reads as follows: The corporate

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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, 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-tenth (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

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containing approximately fifteen (15) acres situated 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 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 south-western 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 south-west 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. to the right-of-way of State Highway No. 6; running thence in a southeasterly direction across the right-of-way

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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 eighty (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 shall be ratified by Act of the General Assembly of Georgia, be, and the same is hereby, amended by adding a new section to be known as Section 1-C, which new Section shall read as follows: Sec. 1-B, act of 1946, amending act of 1937, amended. Section 1-C. In addition to the territories now comprising the City of Cedartown, Georgia, from and after the passage and approval of this Act, the following territory to be known as Territory No. 5, lying adjacent

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to the present corporate limits of said city, shall be annexed to the City of Cedartown, to wit: `That certain tract of land particularly described as beginning at the southeast corner of Territory No. 3 of said City, and running thence south 84 degrees east a distance of one thousand two hundred seven (1207) feet, more or less, and to a point which is seven hundred eighty-three (783) feet east of the center line of the Cedartown-Youngs Station public road; running thence north 19 degrees west a distance of three thousand six hundred feet (3600) feet, more or less, to the southern boundary of Territory No. 1 of said city; running thence in a westerly direction on a curve with a radius of five thousand two hundred eighty (5280) feet to the west line of the right-of-way of the Central of Georgia Railway Company; running thence in a southerly direction along the west line of said railway company right-of-way to the point of beginning.' Description of territory added. Section 2. Be it further enacted by the authority aforesaid, that, from and after the passage and approval of this Act, section 2 of said Act approved January 30, 1946 (Georgia Laws 1946, page 413 et seq.), which said section 2 reads as follows: 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: `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 intersects 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

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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 (1270) 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 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 No. 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 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

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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 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

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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 the prolongation eastwardly of the center line of Herbert Street and along the center line of Herbert Street and extension westwardly thereof, to the point of beginning, be, and the same is hereby stricken; so that, from and after the passage of this Act, the City of Cedartown shall not be divided into wards. Sec. 2, act of 1946, stricken. No wards. Section 3. Be it further enacted by the authority aforesaid, that said Act approved March 29, 1937, be, and the same is hereby, amended, by adding thereto a new section to be known as Section 46-A and which shall read as follows: Act of 1937 amended. Section 46-A. For the purpose of raising revenue for the operation and maintenance of the government of the City of Cedartown, Georgia, from and after the passage and approval of this Act, the City Commission of said City, in addition to the taxing powers heretofore conferred upon it, shall have full power and authority to impose and collect, by ordinance, a tax not exceeding ten (10%) per cent of the gross revenue of all amusement shows, amusement houses, amusement companies, amusement games, amusement devices, and all other amusements, operated or carried on in said City, said tax to be collected by the person, firm, corporation, or association engaged in carrying on such amusements, from his, her or its patrons, and remitted to said City in such manner and at such times as shall be prescribed by proper ordinance of said City Commission; and if such tax is not collected by such person, firm, corporation or association engaged in carrying on such amusements, from his, her or its patrons, such person, firm, corporation or association engaged in carrying on such amusements shall nevertheless pay said tax to said City on the gross income or receipts from such amusements. Said City Commission shall have full power

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and authority to adopt ordinances, rules and regulations for making this law effective and for the collection of such tax, and shall have full power and authority to adopt ordinances, rules and regulations to impose and collect penalties up to fifty (50%) per cent of any such taxes not collected or remitted to said City by such person, firm, corporation or association, within the time and in the manner prescribed by ordinance of said City Commission. Said City Commission shall have full power and authority to provide for the collection of such tax and penalties from any such person, firm, corporation or association failing to collect, pay or remit same within the time prescribed by ordinance of said City, by execution, levy and sale in the same manner as fines, forfeitures, assessments, other taxes, other claims, debts and demands due said City, are collected. Said City Commission shall have full power and authority to provide by ordinance, as authorized in Section 32 of said Act approved March 29, 1937, for the punishment of any person, firm, corporation or association failing to collect, remit or pay such amusement taxes, or for making, reporting or filing a false return of such taxes due the City of Cedartown. Said City Commission shall have full power and authority to examine or audit, or cause to be examined or audited, all books, records, tickets, reports and registers of said persons, firms, corporations or associations engaged in carrying on any of such amusements in said City. Amusement tax. Violations, punishment. Section 4. Be it further enacted by the authority aforesaid, that, Section 47 of said Act approved March 29, 1937, which reads as follows: Be it further enacted by the authority aforesaid, that the owners of properties within the corporate limits of the City of Cedartown shall make returns thereof to the secretary of the commission on or before the first day of April of each year of all property subject to taxation owned by them on the first day of January of each year. It is further enacted by said authority that all license taxes assessed by said commission authorized to assess license taxes for said city, shall be due and payable on the first day of January of each year and unless paid by the first day of February thereafter, shall be subject to a penalty of 15% additional. The failure to

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pay said license tax, as herein provided, shall subject said party, firm or corporation to the penalties prescribed in Section 32 of this Charter, be, and the same is hereby, amended by striking the word April in line five of said section, and by substituting in lieu thereof the word May, and by striking the word January in line six of said section, and inserting in lieu thereof the word April, so taht said Section 47, when thus amended, shall read as follows: Sec. 47, act of 1937, amended. Be it further enacted by the authority aforesaid, that the owners of properties within the corporate limits of the City of Cedartown shall make returns thereof to the secretary of the commission on or before the first day of May of each year of all property subject to taxation owned by them on the first day of April of each year. It is further enacted by said authority that all license taxes assessed by said commission authorized to assess license taxes for said city, shall be due and payable on the first day of January of each year and unless paid by the first day of February thereafter, shall be subject to a penalty of 15% additional. The failure to pay said license tax, as herein provided, shall subject said party, firm, or corporation to the penalties prescribed in Section 32 of this charter. Tax returns. License taxes. Section 5. Be it further enacted by the authority aforesaid, that said Section 4 of this Act amending said Section 47 of said Act approved March 29, 1937, shall be effective from and after the calendar year 1947. Date effective. Section 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict or inconsistent with this Act, be, and the same are hereby, repealed. Approved March 28, 1947. HAPEVILLE LIMITS EXTENDEDREFERENDUM. No. 345 (House Bill No. 496). An Act to amend an Act to incorporate the City of Hapeville, approved September 16, 1891, and the several Acts amendatory thereof; to extend the limits of the said

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City of Hapeville by the addition of certain unincorporated territory: to ratify and confirm Acts amending said Acts relating to the City of Hapeville, and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. That the said Act of September 16, 1891, and the several Acts amendatory thereto, be and the same is further amended to extend the corporate limits of the City of Hapeville, to include the following territory: Beginning at a point 200 feet east of the center line of Sylvan Road and at the present north boundary of the City of Hapeville and running thence north along the present east line of the City of East Point for a distance of 1400 feet; thence east 350 feet, more or less, to a point 400 feet west of the center line of Springdale road; thence northeastwardly along a line parallel to and 400 feet west of the center line of Springdale Road to a point 200 feet north of the north side of Cleveland Avenue; thence east along a line parallel to and 200 feet north of the north side of Cleveland Avenue to a point 200 feet west of the center line of Stewart Avenue; thence south along a line 200 feet west of the center line of and parallel to Stewart Avenue to the present north boundary of the City of Hapeville. Description of territory added. Section II. That the said Act of September 16, 1891, and the several Acts amendatory thereof, be and the same is further amended to extend the city limits of the City of Hapeville to include the following territory, to wit: Beginning at a point, being the northeast corner of the present limits of the City of Hapeville, and extending east along the north line of Land Lot 67 to a point 200 feet east of the east line of Land Lot No. 67; thence south along a line 200 feet east of and parallel to the east line of Land Lot No. 67 and Land Lot No. 66 to a point on the extension of Arnold Street (in Hapeville); thence west along said Arnold Street to the present city limits. Description of territory added. Section III. That the said Act of September 16, 1891, and the several Acts amendatory thereof, be and the same is further amended to extend the corporate limits of the City of Hapeville to include the following territory, to wit:

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Beginning at a point where the line between sections 9 and 10 of Clayton County, as shown on base map of Fulton County Planning Commission, Section 21, dated January 1940 intersects with the northern boundary line of Clayton County; thence east along the line between Clayton County and the present City of Hapeville to a point on the northern boundary of Clayton County and the eastern boundary of Section 12 of the map referred to; thence south to a point 200 feet south of Mountainview Road; thence west paralleling Mountainview Road to a point 200 feet south of the intersection of the southermost boundaries of Sections 9 and 10, as shown by said map; thence north along the line between sections 9, 10 as shown on said map, to point of beginning. Description of territory added. Section III-a. That said Act of September 16, 1891, and the several Acts amendatory thereof, be further amended by incorporating into the corporate limits of the City of Hapeville the following territory: Beginning at the intersection of the present City Limit of Hapeville and the south line of land lot No. 66 and running east to a point 200 feet east of the east line of land lot No. 66; thence south along a line parallel to and 200 feet east of the east line of land lot No. 65 to the Fulton-Clayton County Line; thence west along the Fulton-Clayton County Line to the west line land lot No. 65, this being a point on the present limit line of the City of Hapeville. Description of territory added. Section IV. That the said Act of September 16, 1891, and the several Acts amendatory thereto be and the same is further amended to extend the corporate limits of the City of Hapeville to include the following territory, to wit: Beginning at a point on the north line of the City of Hapeville 200 feet west of the center line of Stewart Avenue and running east along the present north boundary line of the city to a point 200 feet east of the east line of Land Lot No. 68; thence north along a line 200 feet east of and parallel to the east line of Land Lot No. 68 to a point 200 feet north of the north side of Cleveland Avenue; thence west along a line 200 feet north of and parallel to Cleveland Avenue to a point 200 feet west of the center line of Stewart Avenue; thence south

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along a line parallel to and 200 feet west of the center line of Stewart Avenue to the point of beginning on the north line of the City of Hapeville. Description of territory added. It is expressly provided, however, that the qualified voters resident within the area described in this Section shall be entitled to have submitted to them at an election hereinafter called the question whether or not said terristory shall be incorporated in and become a part of the City of Hapeville, and it is made the duty of Mayor and Council of the City of Hapeville to call such election within ninety days after the passage and approval of this Act. Said election shall be held at such polling place, or polling places, as the Mayor and Council might designate, conformable to existing laws of the City of Hapeville and the general statutes of this state governing elections, and the time and place of said election, and the purpose of the same and the question to be submitted, shall be advertised not less than four times, or in four issues, of a newspaper having general circulation in the territory affected. Only those voters who are qualified to vote in elections for members of the General Assembly may vote in said elections who have registered to vote therein in such manner as might be prescribed by the Mayor and Council in an ordinance calling said election. Voting shall be by secret ballot, under existing rules of force in the City of Hapeville for holding elections, and the ballots shall have written, or printed, thereon the words For Annexation To The City of Hapeville and Against Annexation To The City of Hapeville. Persons opposed to annexation shall erase, or strike, from said ballot the words For Annexation, etc., and those favoring annexation shall erase, or strike, from said ballot the words Against Annexation, etc. Should a majority of such voters vote in favor of annexing the said territory, and the Election Manager so declare, then, upon proclamation of the said result of said election by the Mayor of the City of Hapeville, said territory shall thereupon become a part of the incorporated territory of the City of Hapeville. Referendum for voters in new area. Section V. This Act shall not be construed to repeal any prior amendment to the basic Act adding territory to the City of Hapeville, but each of said amendatory

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Acts are ratified and confirmed, and this Act shall be construed to incorporate into the City of Hapeville the additional territory described. Former acts ratified and confirmed. Section VI. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are repealed. Approved March 28, 1947. OMEGA CHARTER AMENDMENTTAXES. No. 346 (House Bill No. 507). An Act to amend an Act entitled An Act creating and providing a new charter for the town of Omega, Ga.; defining its corporate powers and municipal boundaries; providing for a mayor and council and other officers, prescribing their duties and for other purposes, by increasing the taxing powers of said city and for other purposes. Section I. 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 creating and providing for a new charter for the town of Omega, Ga.; defining its corporate powers and municipal boundaries; providing for a Mayor and Council and other officers, prescribing their duties, and for other purposes, approved July 30, 1912, be and the same is hereby amended by striking the words one-half of one percent appearing in Section 12 of said Act and inserting in lieu thereof the following words Fifteen mills so that the section as amended will read as follows: Sec. 12, act of 1912, amended. Sec. 12. Be it further enacted by the authority aforesaid, That the Mayor and Council of said town shall have power and authority to levy and collect a tax upon all property, both real and personal, within the corporate limits of the town of Omega, not to exceed fifteen mills per annum to levy and collect a specific tax upon all business, occupations or trades, public or private, exercised or carried on within the corporate limits of said

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town, as may be just and proper and to tax all shows or exhibitions, and all other business of every description coming within the police power of said town. They shall provide by ordinance for the return for taxation of all property in said town, both real and personal, which return shall include all species of personal property owned by the taxapayer, including all money and solvent debts, all money deposited in the bank or banks within or without this state, which return shall be made to the Clerk of Council at a time fixed by said Council. They shall also provide by ordinance a time for the return of property for taxation to the Clerk of Council and also fix a time for payment of said taxes. Said return of property for taxation shall be made under oath by the taxpayer at such time as may be fixed by the Mayor and Council. Taxes. Section II. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this law be and the same are hereby repealed. Approved March 28, 1947. HABERSHAM CITY COURTSOLICITOR. No. 347 (House Bill No. 510). An Act to amend an Act entitled An Act to create and establish the City Court of Habersham County in and for the County of Habersham; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for pleading and practice therein, writs of errors therefrom; and for other purposes by repealing Section 14 of said Act in its entirely and substituting in lieu thereof a new Section to be numbered 14, providing for the qualifications, terms and compensation of the Solicitor of said Court; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

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Section 1. That from and after the passage of this Act that Section 14 of the Act establishing the City Court of Habersham County, Georgia Laws 1941, pages 651-667, be repealed in its entirety and a new Section to be known as Section 14 be enacted in lieu thereof, to read as follows: Sec. 14, act of 1941, amended. Section 14. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor-general in the Superior Court; but all such fees shall be paid into the county treasury by the said solicitor as collected, and in lieu thereof he shall receive the sum of Eighteen Hundred Dollars per year, which shall be paid monthly out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the Solicitor-General of the Superior Court is paid for like services rendered in said courts. Solicitor. Duties. Salary. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. VILLA RICA LIMITS EXTENDEDINCLUSION OF FULLERVILLE AND OTHER TERRITORYREFERENDUMS. No. 348 (House Bill No. 516). An Act to amend the Charter of the City of Villa Rica, Georgia, located in the Counties of Carroll and Douglas,

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approved March 24, 1941, by extending the city limits of said City of Villa Rica as now defined so as to take in additional territory, including what is known as the limits of the Town of Fullerville; to provide for a Referendum on within Bill for the qualified voters of the Town of Fullerville, also, the qualified voters of the City of Villa Rica. And for other purposes. An Act to extend the territorial limits of the City of Villa Rica. Be it enacted by the General Assembly of the State of Georgia, That the Act establishing a new charter for the City of Villa Rica, approved March 24, 1941, and any Act amendatory thereof be, and the same are, hereby amended as follows: Act of 1941 amended. Section 1. That the limits of the City of Villa Rica be extended beyond the limits as now defined, so as to take in new territory, extending the present limits a radius of three-quarters ([frac34]) of a mile, or the limits to be one and one-half miles in every direction from the present site of the Southern Railway Depot which is now located in the said City of Villa Rica. Limits extended. Section 2. Be it further enacted by the General Assembly of the State of Georgia, That said extension of said city limits is to include the corporate Town of Fullerville in Carroll County, Georgia, which said corporate limits of said Town of Fullerville extend a radius of one-quarter of a mile from the J. H. Hogue store in said Town of Fullerville and as defined by the Acts incorporating the Town of Fullerville, approved August 8, 1916, provided: To include Town of Fullerville. This Act shall be adopted by a majority of the voting qualified voters of each of said municipalities, to wit: The Town of Fullerville and the City of Villa Rica by Referendum hereinafter made a part of this Bill. Conditional on referendum. Section 3. That the Mayor and Council of the City of Villa Rica are hereby authorized and empowered to redistrict the wards of said City so as to include all of the additional territory to be annexed under said Bill in either one of the wards in said City of Villa Rica and to make such changes and pass such ordinances, as may be necessary or advisable in readjusting the limits of said City

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of Villa Rica, in each of the wards thereof, as herein extended. Redistricting wards of Villa Rica. Section 4. The provisions of this Act shall not go into effect, however, unless the majority of the voting qualified voters of the Town of Fullerville, also, of the City of Villa Rica, vote for annexation of the territory above described, voting at an election to be held on or before the first day of December, 1947, at the usual places for voting or as near thereto as voting places can be secured and to be held under the regular election managers, as now provided by the Charter and Ordinances of the Town of Fullerville, and the City of Villa Rica. The polls shall open at 7:00 o'clock A. M. and close at 5:00 o'clock, P. M. in each of the said municipalities voting on this Referendum. Referendums, City and Town. Those in favor of annexing said Town of Fullerville to the City of Villa Rica by extending the city limits of said City of Villa Rica to include the limits of the Town of Fullerville shall have written or printed on their ballots the words: For Annexation. Those opposed to such extension and annexation shall have written or printed on their ballots the words: Against Annexation. If a majority of the qualified voters of each of said municipalities, to wit: The Town of Fullerville and the City of Villa Rica, voting in said elections, shall vote for extension of the limits and annexation, then the provisions of this Act shall become effective and of force on the first day of January, 1948. If more than a majority of the qualified voters of the Town of Fullerville, or the City of Villa Rica either voting in said elections shall vote against extension of city limits and annexation, then the provisions of this Act shall cease and thereafter be of no effect. The managers of each of said elections shall report same to the Mayor and Council of the Town of Fullerville, also, the Mayor and Council of the City of Villa Rica, at the Council Chamber of each of said municipalities, at 12:00 noon, following the date of the election. The Mayor and Council of the Town of Fullerville and the City of Villa Rica each shall hold said election under the general election

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laws governing the voters and as prescribed by the charter of each of said municipalities, provided, the polls shall open and remain open within the hours as prescribed herein for this special election. Section 5. If the vote, as herein provided for, is in favor of extension of said city limits of the City of Villa Rica, and annexation, then the power and authority of the City of Villa Rica under its present charter and ordinances and all laws appertaining to the City of Villa Rica as a municipality are hereby extended over and made effective in every part of the territory covered and included within the limits as prescribed by the terms of this Act. The power and authority of the officers of the City of Villa Rica are made coextensive with the limits as extended by this Act and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Villa Rica, the power of taxing property and of fixing and regulating licenses for business; to assess and issue executions for and, in cases of default sell the property upon which taxes are due, as now prescribed by the Charter and Ordinances of the City of Villa Rica, are extended to all the limits included under the terms of this Act, upon adoption of this Act by the affirmative vote of the qualified voters of each municipality, to wit: the Town of Fullerville, and the City of Villa Rica, on majority vote of the qualified voters of each respective municipality. After favorable vote. Section 6. The provisions of this Act extending the incorporated limits to territory not located or incorporated in the Town of Fullerville and the City of Villa Rica shall not be annexed to the Town of Fullerville or the City of Villa Rica unless a majority of the qualified voters residing in such territory proposed to be incorporated into the extended city limits, which is not now in the incorporated limits of either of said corporations voting vote in favor of the annexation. There shall be held an election on or before the first day of December, 1947, for said unincorporated territory which this bill seeks to annex in the incorporated limits of the two municipalities. The Mayor and Council of the City of Villa Rica, at the time of calling the election for the City of Villa Rica, shall provide that the election for the incorporated territory shall be held

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on the same day but at separate voting places, and shall cause ballots to be used for the unincorporated territory to have written or printed thereon the words For Annexation and Against Annexation. Should a majority of the voters voting in the Town of Fullerville, and in the City of Villa Rica and in the unincorporated territory vote for the extension and annexation then the corporated limits of the City of Villa Rica shall be as is proposed in this Act. Should a majority of the qualified voters voting in the Town of Fullerville and in the City of Villa Rica vote for extension and annexation, and a majority of the qualified voters residing in the territory not now incorporated in either of said municipalities vote against annexation then the incorporated limits of the City of Villa Rica shall include the present incorporated limits of both the Town of Fullerville and the City of Villa Rica. Should the qualified voters of the Town of Fullerville vote against annexation and a majority of the qualified voters of the City of Villa Rica and of the Territory not now incorporated vote in favor of annexation, then the territorial limits of incorporation of the City of Villa Rica shall include the present incorporated limits of the City of Villa Rica and that territory which is not, now incorporated which is proposed to be added by this Act, but the incorporated limits of Fullerville shall remain outside of the limits of Villa Rica and as the incorporated limits of Fullerville. The returns of the election of the three different territories shall be made to the Mayor and Council of the City of Villa Rica and shall be recorded on the minutes of said City. The election for the territory not now included in the incorporated limits of the two municipalities shall be held in the same manner as is provided for by this Act for the Town of Fullerville and the City of Villa Rica. Should the voters of the territory not now incorporated vote in favor of annexation and the voters of the City of Villa Rica vote against annexation then this Act is to become null and void. Other unincorporated territory; extension to include. Referendum. Section 7. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 28, 1947.

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CLEVELAND NEW CHARTERREFERENDUM. No. 349 (House Bill No. 524). An Act to amend and supersede an Act incorporating the Town of Cleveland, Georgia, in the County of White, State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a Mayor and Council; to define their powers and duties; to provide for punishment of violators of the ordinances of said city; to provide for the election of a Mayor and Council, their oath and terms of office, for method of filling vacancies therein; to provide for method of holding elections, appointment of managers, their oaths, compensation and duties, for method of declaration of results, and for contests of such elections; to provide for Mayor Pro Tem; to provide for qualifications of voters, and for qualifications of Mayor and Council; to provide for a board of registrars, their oaths, powers, duties and compensation; to provide for a City Clerk and Treasurer, City Marshal, police force, Attorney and all and such other officers as deemed necessary; to define their duties and compensation, bonds and oaths; to provide for a Police Court and to define its powers and duties; to provide for a Recorder to preside in said Police Court; to provide for arrest, trial and punishment of violators of city ordinances; to provide for arrest, trial and punishment of violators of city ordinances; to provide for taking appearance bonds, and for the forfeiture of the same; to provide for violators of city ordinances to work on streets; to provide for certiorari from the Police Court and from the decision of Mayor and Council in criminal cases; to require returns to be made by the citizens of said city and by all persons owning property in said city for taxation; to provide for a board of tax assessors, their oaths, duties, powers and compensation; to provide for double taxation where returns are not made; to provide for appeal from decision of board of tax assessors and hearing on the same; to provide for an ad valorem tax on property in the city; to provide for special taxes; to provide for collection of all taxes by execution; to provide for regulation of all trades,

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businesses and callings; to provide for registration of all businesses and to provide for licenses to do business in said city and the revocation of said license; to provide for ordinances and for punishment of persons engaged in such businesses without first obtaining the required license; to provide for regulation of animals, fowls and for impounding the same; to provide for opening new street, widening old street, building of sidewalks, the improvement of streets and sidewalks and provide the right to condemn property for such purposes; to provide for and authorize the city to build, construct and maintain a system of waterworks; to build, construct and maintain a system of sewers; to provide for connection of all sanitary units and sewers and to provide for such health and sanitary regulations necessary for the good health and well being of said city and the citizens thereof; to provide for the condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the removal of obstructions from said streets; to provide for removal of trees in said city; to provide for commutation street tax; to provide for regulation of vehicles, their condition and speed in said city; to provide for a city fire department; to provide for zoning powers to said city; to provide powers of Mayor and Council to create restricted zones or districts, and to prohibit the erection of different kinds of buildings therein and the maintenance thereof; to provide classification of buildings and to require a building permit before any building or structure can be erected in said city; to provide for the condemnation of private property within or without the city; to provide for the condemnation of all buildings considered by proper authority as fire hazards and for the removal of the same; to provide for the issuance of bonds, for bond elections and for levy and collection of taxes to pay said bonds; to provide for borrowing of money; to provide for the sale of city property and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Cleveland, located in the

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County of White, State of Georgia, together with such other inhabitants taken by section 2 of this Act, be and are hereby incorporated under the name and style of City of Cleveland. City of Cleveland incorporated. Section 2. Be it further enacted, That from and after the passage of this Act the inhabitants of the territory described in Section 3 of this Act, located in the County of White and State of Georgia, be and are hereby incorporated under the name and style of City of Cleveland and is hereby chartered and made a city under said corporate name, 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 incident to like corporations in said State or vested in said City of Cleveland as created by this Act; and the City of Cleveland is created by this Act and 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 Council, such ordinances, laws, rules and regulations and pass such resolutions for the transaction of the City's business and the welfare of its citizens and the proper government of said city, which shall have the right and power to purchase, hold, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of years, any property, real or personal, lands and tenements, and whatsoever kinds, within or without the limits of said city for the corporate uses of said city as created by this act. General powers. Section 3. Be it further enacted, That the corporate limits of said City of Cleveland shall be that certain area within the limits of a circle having as its center the center of the Public Square in the territory now embraced in the Town of Cleveland, in White County, Georgia, and having a radius in every direction from said center of one-half mile. Corporate limits. Section 4. Be it further enacted, that the municipal government of the City of Cleveland shall consist of and be vested in a Mayor and four Councilmen. The Mayor of the City of Cleveland shall be elected by the qualified voters of said city from the city at large. There shall be elected, by the qualified voters, one Councilman from each

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of the four wards in said city hereinafter delineated and described, to wit: Mayor and Councilmen. Ward No. 1 shall consist of that territory embraced and lying South of what is known as the present Cleveland Clarkesville road and as State Highway No. 115, and East of what is known as the Cleveland Gainesville Road and State Highway No. 11, embraced in the limits of said city. Ward No. 2 shall consist of the territory embraced and lying west of what is known as the Cleveland Gainesville Road and State Highway No. 11 and South of what is known as the Cleveland and Dahlonega Road and State Highway No. 115 embraced in the limits of said city. Ward No. 3 shall be that territory embraced and lying North of what is known as the Cleveland and Dahlonega Road and State Highway No. 115 and West of what is known as the Cleveland Blairsville Road and State Highway No. 11 running through the square in said city and embraced in the limits of said city. Ward No. 4 shall consist of that territory embraced and lying East of what is known as the Blairsville Road and State Highway No. 11 and North of what is known as the Cleveland and Clarkesville Road and State Highway No. 115. A councilman shall be elected by each Ward from the citizens of said ward and by the qualified voters in said ward, voting only for candidates for Councilman resident in said ward. Wards, Councilmen. Section 5. Be it further enacted, That the Mayor and Council elected on the second Wednesday in December 1946, in the Town of Cleveland, shall continue in office until December 31st, 1947 or until their successors are elected and qualified, and said Mayor and Council shall exercise all the powers authorities conferred upon the Mayor and Council of the City of Cleveland, created by this charter. Present officials. Section 5a. Be it further enacted, That on the second Wednesday in December, 1947 and biannually thereafter on the second Wednesday in December a Mayor shall be elected, and on the second Wednesday in December 1947 four Councilmen shall be elected, a councilman for Ward No. 1 and a Councilman for Ward No. 2 shall be elected for a term of four years, a Councilman for Ward No. 3 and Ward No. 4 shall be elected for a term of two years. At

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the next regular biannual election which shall be held on the second Wednesday in December in 1949 a Councilman for Ward No. 3 and Ward No. 4 shall be elected for a term of four years. In each biannual election thereafter two Councilmen from the wards whose terms expire shall be elected for a period of four years. The said Mayor and Councilmen shall be elected as provided in Section 4 of this Act. The Mayor election under the provision of this charter shall be for a term of two years or until his successor be elected and qualified, commencing on January 1st, next after their election. After the first election under this charter on the second Wednesday in December, 1947 all Councilmen shall be elected for a period of four years or until their successors are elected and qualified commencing on January 1st, next after their election. Before entering upon the discharge of their duties, the Mayor and each Councilman shall take and subscribe before some officer authorized by law to administer oaths under the laws of this State the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor (or as Councilman, as the case may be) of the City of Cleveland for the ensuing term, and will enforce the provisions of this charter and all ordinances make pursuance thereof, to the best of my skill and ability, without fear or favor; so help me God. All vacancies shall be filled by special election as hereinafter provided unless the unexpired term is less than six months and in that event all vacancies in the office of Mayor or Councilmen shall be filled by election of such members of the Mayor and Council as remain in office, to fill the unexpired term or terms. Elections. Terms of officials. Oath. Vacancies. Section 5b. Be it further enacted, That all elections under this charter be held under and in conformity with the laws, rules and regulations governing County Elections for the election of County Officers, except the polls shall open at 9 o'clock A. M. and close at 5 o'clock P. M. The managers of said election to be appointed by the Mayor and Council of said city, and they shall fix the pay of said managers for holding said election. Said managers to make returns of said election to the Clerk of the City of Cleveland, who shall declare the result in accord with the certificate of the managers. Election procedure.

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Section 5c. Be it further enacted, That all contest of elections shall be made and held in accord with and in conformity to the laws, rules and regulations governing contest of results of the elections for county officers. Contests. Section 5d. Be it further enacted, That the city council upon their first meeting shall be authorized to elect a Mayor Pro Tem from their body who in their absence, disqualification of the Mayor shall have such authority as herein vested in and be required to perform such services as are herein required of the Mayor. Mayor Pro Tem. Section 6. Be it further enacted, That the Mayor shall be the chief executive of said city and it shall be his duty to preside over all meetings of the city council and he is given full powers to preserve order and decorum at such meetings; to appoint all committees authorized by the ordinances of said city; to see that all officials and officers of said city to faithfully perform all the duties required of them; to see that all the ordinances and laws of said city are properly carried out and executed and that all revenues are promptly collected and accounted for and proper records are kept of all financial transactions of said officers and of said city. He shall exercise general supervision and jurisdiction over the affairs of said city and have authority to call the Council in extra session as often as he deems necessary for the proper conduct of the affairs of the city government. He is authorized to sign any and all contracts, obligations or other documents or resolutions entered into and authorized by ordinances of said city and bind the city to carry out the contracts or obligations thus signed. Mayor's duties and powers. Section 6a. Be it further enacted, That it shall be the duty of the Councilmen to faithfully and diligently discharge such duties as are usual to such office; to attend all regular and special meetings of the Council; to faithfully and diligently look after the affairs of said city and faithfully and attentively perform such service as they may be required to do on committees and otherwise. Councilmen's duties. Section 7. Be it further enacted, That in the event the office of Mayor or any one or more of the Councilmen shall become vacant by death, resignation, removal or otherwise, and the unexpired term is more than six months, an election

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shall be held within 30 days, under the rules and regulations under which regular elections are held in said City to elect a qualified person to fill said vacancy or vacancies. Vacancies. Section 8. 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 Cleveland thirty days prior to the election to which they offer to vote, and shall have registered as required by the registration laws and ordinances of said City, shall be qualified to vote in any election provided by this charter. Voters. Section 9. Be it further enacted, That the Mayor and Council shall, by ordinances, set up a complete procedure for registration of voters in said city providing for registrars, methods of registering, list of voters; oath of registrars; their duties and powers in conformity with the laws governing County Registration and regulations governing Boards of County Registrars but shall have power to fix, by proper ordinances, time and place of registration and time and place of meetings of Registrars and the time of making their voters' lists for said City. Registration, Registrars. Section 10. Be it further enacted, That the Mayor and Council shall at their first meeting held after their election and qualifications, elect a City Clerk and Treasurer, a Marshal who shall be Chief of Police, and as many policemen as shall be necessary; a City Attorney and such other officers as the Mayor and Council shall deem necessary to carry such ordinances as shall be passed by them and the provisions of this charter. The Mayor and Council shall have power and authority to suspend and remove said officers for misconduct in office. It shall be the duty of the Mayor and Council to fix all salaries of all officers, agents and employees of said city. City officers. Section 11. Be it further enacted, That said Mayor and Councilmen shall have full power and authority from time to time to make and establish, enact and pass, such ordinances, laws, regulations and orders as may seem right and proper, respecting water, drainage, ditches, streets, sidewalks, roads, bridges, automobiles, airships, all and every kind and description of vehicles, wagons, carriages, hotels, boarding houses, restaurants, cafes, lunch counters,

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picture shows, circuses, dance halls and all other places of amusements, any and all kinds of business, trades, avocation or profession, garages, shops, mills, storehouse, any and all kinds of houses, tents, stands, stores, shops, telephone companies, filling stations, common carriers, busses, taxis, gas companies, electrical companies, public utilities, bowling-alleys, pool and billiard tables and all businesses of whatsoever nature or kind, and all other matters and things whatsoever that may by them be considered necessary or proper or incident to good government of said city or to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for preserving the peace and good order and dignity of the City. Said Mayor and Council shall have power to pass all laws and ordinances, rules and officers as the Mayor and Council shall deem necessary to carry such ordinances as shall be passed by them and the provisions of this charter. The Mayor and Council shall have power and authority to suspend and remove said officers for misconduct in office. It shall be the duty of the Mayor and Council to fix all salaries of all officers, agents and employees of said city. Powers of Mayor and Council. Section 12. Be it further enacted, That there shall be a Court in said City to be known as the Police Court for the trial of all offenders against the laws and ordinances of said City to be presided over by a Recorder appointed by the Mayor and Council at their first meeting to serve for a term of one year or until the 1st day of January following his appointment or until his successor is appointed and qualified. Said recorder shall have power and authority to preserve order, fine for contempt, complex the attendance of witnesses, compel the production of books, papers and documents to be used as evidence. Said Court shall have power and authority to punish all violators and violations of this charter or the ordinances of the City by a fine not to exceed $250.00, imprisonment in jail not to exceed 30 days, or 30 days labor on the City Streets or less, but not to exceed 30 days, or 30 days labor on the City streets or less, but not to exceed 30 days labor on streets. He shall have authority to impose a combination of fine and jail sentence or fine and labor on city streets sentence or fine with jail or labor on city streets

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as an alternative upon failure or refusal to pay such fine imposed as fixed by the Recorder. The Recorder shall not be the Mayor or any Member of the City Council. Said Recorder shall have full powers of a Justice of the Peace over criminal matters happening within the limits of said City while sitting as a court of inquiry for violations of the State Law within the limits of said City. Police Court. Recorder. Section 13. Be it further enacted, That the Marshal or any policeman of said City to arrest, without warrant, any person or persons within the corporate limits of said City who has been guilty or appears to be guilty of violating any ordinance of said city and to hold said person or persons so arrested until a hearing of the matter before the proper officer and shall have power to imprison such person or persons for a reasonable length of time. The Marshal or any policeman of said City shall have authority to execute warrants in as full and ample a manner as sheriffs of this State placed in their hands charging any person or persons violating the criminal laws of this State, within or without the City. The Recorder of said City shall have full power as a Justice of the Peace to issue warrants for violations of the Criminal Laws of this State taking place within the City. Arrests, warrants. Section 14. Be it further enacted, That any person or persons convicted in the Police Court shall have the right of appeal to the Mayor and Council or Certiorari to the Superior Court of White County by paying all costs in the case and giving bond in double the amount of fine imposed to answer the final judgment in the case, or filing in lieu thereof the usual pauper affidavit as provided by law in carrying cases by Certiorari to said Superior Courts from Justice Courts in this State. Appeal or certiorari from Police Court. Section 15. Be it further enacted, That no person shall be eligible for the office of Mayor or Councilman of said City unless he shall have resided in said city one year immediately preceding his qualification or taking the oath of office, and shall be a qualified voter in said city, not convicted of any crime involving moral turpitude. No person shall be eligible to hold the office of Mayor or Councilman until he has passed his 21st birthday. Qualifications of officials. Section 15a. Be it further enacted that the clerk of

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the said city shall give notice of all biannual elections and where same will be held at least 30 days before said election by publishing such notice one time in some newspaper published in said city; and in the event there should be a vacancy in the office of a Councilman or Mayor the Clerk of the said City shall give notice of a special election to fill vacancies and where the same will be held at least 10 days before said elction by publishing such notice one time in some newspaper published in said city. Notices of elections. Section 15b. Be it further enacted, That the Council shall have authority to set the fee of the candidates for Mayor and Councilmen and that the candidates for Mayor and Councilmen shall be required to pay such fee 30 days prior to the biannual election; and 10 days prior to a special election; in the event that no fees are set by the Councilmen for a biannual election; or special election the candidates for Mayor and Councilmen shall register as a candidate for Mayor and Councilmen with the clerk of the said city 30 days prior to a biannual election and 10 days prior to a special election; no person shall be eligible to hold the office of Mayor or Councilman who has failed to qualify with the provisions of Section 15b of this Act. Candidates' fees; registration. Section 15c. That the Mayor shall not vote on any question except in case of a tie, and that no ordinance or resolution by the city council shall become effective until the same shall have been approved by the Mayor, unless the Mayor shall fail within three days from its passage to file with the clerk of council his reasons for refusing to approve said resolution or ordinance. Upon the mayor so filing his reasons for not approving the same, a meeting of the council shall be called for such time as may be requested by a majority of the council before which the clerk shall read the order of the mayor refusing to approve such ordinance or resolution, which may then be passed without the approval of the mayor upon a majority of the members of the Council voting therefor. In the event no special meeting is called, the clerk shall read the order refusing to approve any ordinance or resolution before the next regular meeting of the council, which may be then passed as above provided. Ordinances, resolutions. Procedure. Section 15d. Be it further enacted, That meetings of

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the city council shall be held at such times and places as may be determined by the council. Three members, including the mayor, shall constitute a quorum. The council may provide such rules and regulations with respect to its ordinances and resolutions becoming effective, not inconsistent with the provisions hereof, as it sees proper. Council meetings, quorum; providing rules. Section 15e. Be it further enacted, That in addition to such duties as may be prescribed by the council, it shall be the duty of the clerk to attend all meetings of the council, keep a careful and accurate record of its proceedings carefully collect all revenues due said city except such as the ordinances of said city require to be collected by some other officer, and to faithfully account for the same, furnish to the mayor or council such information as may be requested by either, open his books at any time to any citizen of said city requesting to see the same, and perform such other duties as may be required of him by the mayor or by the city council. Clerk's duties. Section 16. Be it further enacted, That all persons and corporations owning property in the City of Cleveland, 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 the first day of January of each year; and the books for recording the same shall be opened on the first day of March and closed on the first day of May of each year, Said property shall be returned by the property owner or his authorized agent, on blanks furnished for the purpose, at the fair market value thereof. Tax returns. Section 17. Be it further enacted, That the Mayor and Council shall at their first meeting in January, and annually thereafter, appoint three Freeholders as a Board of Tax Assessors of said City. It shall be the duty of said Tax Assessors to assess the value of all real and personal property subject to taxation by said city at its fair market value and it shall be their duty to examine all returns made to them by property owners and increase the valuation of any real or personal property when in their judgment the value placed thereon is too small. And they shall have power to place on the city digest any unreturned property and place a value on the same at double its true market

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value if they deem it proper or to add to the true market value such further value less than double, they may see fit not to exceed double its true value. Notice shall be given by said Tax Assessors to all persons or corporations whose property valuations doubled, raised or changed at least five days before any hearing in reference to said assessment by mailing to said property owner stating the time and place of hearing and the increase so made by said board to the last known address which shall constitute a legal notice to said property owner. Tax Assessors. Tax procedure. Notice. Section 18. Be it further enacted, That any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal to the Mayor and Council, provided said appeal be filed in writing with the Clerk of said City within five days after the hearing before the Board of Tax Assessors, setting forth distinctly the items of property whose valuation has been raised, the amount the same has been assessed and the fair market value as contended by the appellant; said appeal shall be heard by the Mayor and Council at their next regular meeting; unless continued for cause, and their decision shall be final. Said Mayor and Council shall have power and authority at said hearing to raise the valuation or to make such valuation as to them seems to be fair and just and their decision shall be final. Appeals. Section 19. Be it further enacted, That the Mayor and Council shall have power and authority to provide for the collection of taxes on property subject thereto which has not been returned and shown on the digest of the tax assessors and make such rules and regulations necessary to secure the payment of taxes on all property subject to taxation. Tax collection. Section 19a. Be it further enacted, That the Mayor and Council shall have power and authority to provide by ordinance when 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 such ordinance. All tax executions signed by the Clerk and bearing test in name of the Mayor of said city; and the Marshal or other police officer of said city, the sheriff of the county, his lawful deputies, and Constables of said

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State shall have authority to execute and levy and sell land property as hereinafter provided, to all persons or corporations whose property valuations doubled, raised or changed at least five days before any hearing in reference to said assessment by mailing to said property owner stating the time and place of hearing and the increase so made by said board to the last known address which shall constitute a legal notice to said property owner. Tax executions; levy, sale. Section 19b. Be it further enacted, That for the purpose of raising revenue for the support and maintenance of said city government and for ordinary current expenses thereof, the Mayor and Council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, and every other species of property in said city or owned and held therein, of not exceeding (1) percent upon the value of said property; and for the purpose of paying the principal of any bonds and interest that may hereafter be issued by said city authorities, and to provide for the principal and annual interest on any such bond issue a greater ad valorem tax may be levied and collected. Said Mayor and Council shall have power and authority to provide by ordinance the method of raising revenue in sufficient amounts to retire and liquidate any bonded indebtedness, both principal and interest, by assessment, levy and collection of sufficient amounts of money necessary for such payments and liquidations of any bonded indebtedness. Ad valorem tax. Tax for bonds. Retirement. Section 19c. Be it further enacted, That the Mayor and Council of said city of Cleveland 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, alleys, lanes, squares of land of the city, and the grading of the same, to open up 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 Cleveland without just compensation of said property being paid as provided by the laws of the State of Georgia in condemnation proceedings. Said Mayor and Council shall have full power and authority to remove or cause to be removed any building, post, steps,

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fences, or any other obstruction or nuisance in the public streets, alleys, lanes, sidewalks, avenues or public squares of said city. Upon the failure of any person or persons placing any of said obstruction upon said streets, alleys, lanes, sidewalks, public squares or avenues, or the abutting land owner, to remove the same after notice shall have been given, all costs of removal shall be paid by the person or persons creating said obstructions or by the abutting land owner, and executions may be issued as provided by ordinance by the Mayor and Council. Said Mayor and Council shall have full power and authority to regulate the use of the streets, sidewalks and public grounds for signs, posts, awnings, telegraph and telephone poles, racks and for carrying banners, hand bills and placards on the streets, sidewalks, avenues and public squares and public places in said city; and where any telephone, telegraph, or electric power poles have become a nuisance or interfere with the traffic or travel on the streets, sidewalks, alleys, lanes, avenues or other public places, said owners, companies or persons shall remove the same to any reasonable location designated by said Mayor and Council and upon failure to do so after 10 days notice, the city shall have the right to remove the same at the expense of said owner, company or person or persons and collect the costs of said removal by execution, levy and sale. Control of streets, alleys, grading, etc. Condemnation. Obstructions, nuisances, etc. Section 20. Be it further enacted, That the City of Cleveland shall have full power and authority and is hereby authorized to own and operate a system of Waterworks for supplying water for all purposes and to all persons and residents of non-residents of said city, and any and all other person or persons as may be provided by ordinance. The Mayor and council shall have full power and authority to make all rules and regulations for the management and operation of said water plant or system and fix the rates charged for water and to enforce payment for water and the right to discontinue service until all amounts due by the consumer shall have been paid. Waterworks. Section 21. Be it further enacted, That the Mayor and Council of said city shall have full power and authority to regulate and storage and to prevent the storage of any kind, nature or species of explosives of inflammable solids or liquids of any kind or nature known to science or trade,

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within the limits of said city. To regulate, or prevent the use of bonfires, the sale and use of fireworks, firecrackers, torpedoes, roman candles or any kind of fireworks of whatever nature or kind, the firing of guns, pistols or of any kind of weapon within the limits of said city. Explosives, inflammables. Section 22. Be it further enacted, That the Mayor and Council shall have full power and authority to provide by ordinance complete regulations for registration of all business, trade, calling, vocation or profession carried on with said city and to provide and to access a license tax and to require the payment of the same annually for the right to engage in such trade, calling, vocation or profession within said city and to require that said registration be had and said license be paid before carrying on or engaging in such trade, calling, vocation or profession or persons, corporations, companies or firms who fail or refuse to register and pay said license. Businesses, professions, etc. Registration, license tax. Section 23. Be it further enacted, That said Mayor and Council shall have full power and authority to provide by ordinance for the regulation and fixing a license for operation of billiard table, pool tables, tenpin alleys and all tables kept and used for the purpose of playing games or for the purpose of running same, all tables, devices, stands or places of any game or play, whether played by sticks, balls or rings, or other contrivance. Billiard, pool tables, tenpin alleys, etc. Regulation, license. Section 23a. Be it further enacted, That said Mayor and Council shall have full power and authority to license, regulate and control all markets in said city, all taverns, boarding houses, hotels, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty parlors, all laundries, oil-mills, ice plants, waterworks, opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all fire and life insurance companies doing business in said city, trades of all kinds, itinerant dealers in merchandise, jewelry, and medicines, except such as are exempted by the laws of the State of Georgia. Also any person or persons running a flying-jenny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side-shows and all other shows or performances and exhibitions

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in said city, and all persons, firms, companies and corporations selling goods, wares and merchandise by sample, advertisement or retail, calling or vocation which under the constitution of this State are not exempt from license. Hotels, cafes, other places, businesses and activities. License, regulation. Section 23b. Be it further enacted, That said Mayor and Council shall have full power and authority, and shall by ordinance pass and fix and adopt a license for each business, vocation, trade and calling, occupation and profession which under the laws of this State are subject to municipal license, fixing the amount of such tax and providing a complete rules and regulations as to issuing fi. fas., levying of the same, and sales thereunder and fixing the lien of such fi. fas. The same to have the same rank and be enforceable in the same manner as any other fi. fas. for taxes. Any person, firm or corporation who shall commence, be engaged in any business, occupation, vocation, profession or calling for which license relative thereto, shall be guilty of violation of the city ordinances providing for such license and upon conviction thereof, shall be punished as provided in this Act, and each days so engaged in such business, trade, vocation, calling or profession without procuring said license shall constitute a new and separate offense. Such conviction and punishment of violators of this Act shall be no bar to the issuance and collection of any fi. fas. issued against such person, firm or corporation for the collection of said license fixed by the ordinances of said city. The Mayor and Council shall have full power and authority to provide by ordinance for classification of all business, and make any and all other rules and regulations in reference thereto which rules and regulations shall have the full effect of law in such matters. License, tax; fi. fas., lien. Violations, punishment. Classifications of business, rules and regulations. Section 24. Be it further enacted, That the Mayor and Council shall have full power and authority to provide by ordinances, not in conflict with the laws of this State, to condemn any and all property, in accord with the provisions of the laws of this State as found in the Code of Georgia and all Acts amendatory thereof, for the purpose of removing any building, post, fence, gate or other obstruction from said city streets, alleys, avenues, sidewalks or city property. To establish change and grade any street, alley, lane, avenue, sidewalk or public property of said city. Said Mayor and Council shall have full power and authority,

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to grade, pave, repave, gutter, drain and improve any street, sidewalk, alley, avenue in said City with full power to locate, relocate, layout and do such improvement and construction in reference to the same as is necessary or proper and to access such portions of the cost as may seem to them reasonable and just, not to exceed one-third of the cost, against the abutting and adjoining land owner and to enforce the payment of such costs by fi. fa. as herein provided for the collection of ad valorem taxes. Condemnation of property. Changing streets, etc., grading, paving, etc. Assessment of cost, collection. Section 25. Be it further enacted, That the Mayor and Council shall have full power and authority to provide by ordinance for a full and complete system of drainage and sewerage in said City. To construction maintain and operate such system in said city and shall have full and complete control and jurisdiction over all water closets, pipes, privies, and shall have full power and authority to locate and prescribe their construction and manner and kind of construction and shall make all and any regulations and rules to protect the health of the inhabitants of said city, with full power and authority to condemn private property to construct, maintain and operate such drainage and sewerage system. Drainage, sewerage; regulations for health. Section 26. Be it further enacted, That the Mayor and Council jurisdiction, power and authority to extend such sewerage and drainage system beyond the limits of said city, with full power and authority to condemn property for its construction, maintenance and operation and shall have full power and authority to make such ordinances, rules and regulations to said property owned by the city for its maintenance and protection and preservation as if they were located in said city. Extension of such systems beyond city limits. Section 27. Be it further enacted, That the Mayor and Council shall have power and authority to grant franchises, easements and rights of way over, in and under and on said public street, alleys, lanes, avenues and public property of said city. Franchises, easements, etc. Section 28. Be it further enacted, That the Mayor and Council shall have full power and authority to suppress lewdness and immoral conduct, gambling, gambling houses, blind tigers, places of illegal sale of liquors, wines and intoxicating liquids of all kinds or nature and the police

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of said City shall have full power and authority to break and enter any place or places where they reasonably suspect any immoral conduct or lewdness is being carried on and to arrest such person or persons suspected in engaging in such immoral conduct or lewdness, or any place reasonably suspected of selling, controlling, possessing or owning any intoxicating wines, beers, liquors or opiated or any kind of gambling contrivances or engaged in any kind of games of chance are being carried on and to arrest such person or persons and they shall be dealt with as for other violations of the ordinances of said city. Police powers as to immoral conduct, gambling, intoxicants, etc. Section 29. Be it further enacted, That the Mayor and Council shall have power and authority upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd houses, gaming houses or places, to abate the same by forcibly removing the occupants thereof, and any property who shall rent or suffer the same to remain on the premises, shall upon conviction thereof, be punished as for other violations of the ordinances of said city. Ill fame and gaming houses. Section 30. Be it further enacted, That the Mayor and Council shall have power to issue executions as heretofore set forth in this Act, for the collection of any fine, forfeiture, assessment, takes or other claims or demands and shall be directed as heretofore set forth in this Act, and shall state for what issued and be made returnable to the Mayor and Council of the City of Cleveland at least within thirty days after the issuing of the same and it shall be the duty of the Marshal or other collecting officer to execute the same by levy and sale and the execution of such fi. fas., advertising and sales shall be governed by the general and special laws of the State of Georgia including redemption of property so sold. Collection of fines, etc.; executions. Section 31. Be it further enacted, That the Mayor and Council shall have full power and authority to acquire, on behalf of the City of Cleveland, by purchase, gift, lease or otherwise, real and personal property suitable for any purpose of public improvement, park or parks or for other purpose they may deem desirable or necessary. Property for parks, public improvement, etc. Section 32. Be it further enacted, That the Mayor and Council shall have full power and authority to adopt, enact and pass such ordinances necessary to protect shade trees,

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shrubs and flowers growing, to be grown or planted on the public property of said city, and shall have power to remove any tree in said city which, in the judgment of the Mayor and Council, impedes or hinders travel or traffic in said city. Trees shrubs and flowers. Section 33. Be it further enacted, That the Mayor and Council shall have full power and authority to adopt, pass and enact such ordinances necessary to require and compel all male citizens between the ages of 21 and 50, except all men who have lost one arm or one leg or are deaf, dumb, blind or otherwise physically unable to work upon the streets, sidewalks, alleys, avenues or lanes in said city at such times and places as may be required by ordinance, or to pay a commutation tax in lieu thereof, not to exceed Four dollars ($4.00) in any one year. Upon failure of any person who shall refuse to pay said taxes on or before such day as said Mayor and Council, by ordinance, may require, shall be required, upon three days notice to perform the street work as prescribed by the Mayor and Council and upon failure thereof such defaulter shall be liable to be dealt with by the Recorder as for violations of other ordinances of the said city or may be compelled to work on the public works or streets of the said city. Work on streets, sidewalks, etc. Commutation tax. Violations. Section 34. Be it further enacted, That the Mayor and Council shall have full power and authority to pass, enact and adopt any and all ordinances they deem necessary to protect the citizens of said City, for the peace and comfort, health, prosperity, good order, security and to foster good morals and virtues in said city, and to suppress any and all acts and doings that are against the peace and good order of said City and any all ordinances to them may seem advisable, necessary and just to carry out the good order, peace and dignity of the city, to protec the inhabitants thereof and all rules and regulations necessary or needful in carrying on a city government not inconsistent with the laws of this State. General welfare and police powers. Section 35. Be it further enacted, That the Mayor and Council shall have full power and authority to pass, enact and adopt any and all ordinances they deem necessary to control the operation and running of automobiles, trucks, tractors and any and all vehicles for transportation of person,

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things, and freight; to regulate the speed, noise from horns, bells or other contrivances and provide for punishment for the violation of such ordinances and penalties and the enforcement of the same. Regulation of automobiles and other vehicles. Violations. Section 36. Be it further enacted, That the Mayor and Council shall have full power and authority to provide for fire protection, to organize, operate, maintain and equip a fire department, either paid or by volunteer, and to provide such building or buildings necessary to house same, to make, enact, pass and adopt such ordinances, rules and regulations necessary to best promote the protection of the inhabitants of said city against fire or fire hazards. To condemn such buildings and cause their removal where the same has become a fire hazard or fire trap or is liable to become such hazard or where such buildings shall endanger by being or becoming a fire trap or hazard to the city or other buildings in said city. To pass, enact and adopt such procedure to enforce the removal of such fire hazards and all rules and regulations necessary to promote the protection of all citizens from a fire hazard or trap consistent with the laws of this State, and their powers shall be full and complete in the premises. Fire protection. Condemnation of buildings; removal of fire hazards. Section 37. Be it further enacted, that the Mayor and Council shall have full, complete power and authority to pass, enact and adopt any and all necessary or desirable ordinances to regulate and require all persons, firms and corporations to procure from the Mayor and Council permits to erect any and all buildings in said city, and to outline and designate the kind and design, height and the kind of material, in reference as to whether it is best for a section from a health, safety, general welfare and good order of the city to allow it to be built or not, and to prohibit any building by any person, persons, or firms, companies or corporations that would be detrimental to the good order, health, security, convenience, comfort and general welfare of the city or the inhabitants thereof. Said Mayor and Council shall have full power and authority to pass such zoning ordinances allowed by the laws and constitution of this State and the United States for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property and any and

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all ordinances in reference thereto not inconsistent with said laws, and Constitutions. Building permits. General welfare. Zoning ordinances. Section 38. Be it further enacted, That the Mayor and Council shall have full and complete power and authority to issue bonds for and in the name of said City of Cleveland for any of the following purposes: erecting buildings, for purchasing lands, buildings and equipment, improving property, purchasing any and all kinds of necessary equipment, for paying for private property taken for public use by said city, for building, equipping and maintaining water works, water supply systems, sewers and sewer systems, disposal plants, sites for buildings or for the enlargement of buildings, reservoir, or structures necessary for the operation and conduction of a fire department and equipment therefor, water plants, sewerage system including lines and disposal plants or for any other purpose deemed necessary including the grading, paving, regrading and repaving, repairing and improving public streets, alleys, lanes, avenues, crossings and other improvements deemed wise, desirable and necessary for said city. Bonds. Section 39. Be it further enacted, That the Mayor and Council, before issuing any bonds for said City for any of the purposes named in section 38 of this act, shall, by appropriate resolutions or ordinances direct and provide that such bonds be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, when to be fully paid off, the terms and details of payment thereof and shall provide for the calling and holding of an election on the subject, for the publishing of the notice of such elections as provided by the laws and Constitution of this State. Such elections may be called at any time or times for any one or more of the purposes stated in Section 38 of this Act. Should the qualified voters of said City, in the way and manner prescribed by the laws and the Constitution vote in favor of such bonds being issued by said Mayor and Council as herein provided, then and in such event said City's Mayor Council shall, at any time before issuing bonds authorized by said election, provide for the assessment, levy, 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

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bonds and series of bonds shall become obligatory and binding upon the City and taxpayers, with all the qualities of commercial paper. And the Mayor and Council are hereby authorized to negotiate and sell any of said bonds, or series of bonds issued by said City, and the proceeds of said bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of such bonds, when issued, shall be signed by the Mayor and Clerk. Procedure for issuing bonds. Election. Annual tax to pay. Nature and incidents of bonds. Section 40. Be it further enacted, That the Mayor and Council of said City shall have power and authority to negotiate a temporary loan or loans and execute a note or notes therefor in the name of the City, as may be provided by resolution or ordinance for that purpose. Such notes shall in no wise bind or be an obligation of any member of the Council or Mayor personally. Temporary loans. Section 41. Be it further enacted, That the Mayor and Council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects, systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls and charge for services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues, to finance the cost of construction and operation of the same and to exercise all the powers and authorities authorized by the Revenue Anticipation Law of 1937 of this State and its amendatory thereof. Revenue-producing systems. Financing. Section 42. Be it further enacted, That the Mayor and Council shall have power and authority to sell any property belonging to said City which shall have become unnecessary and useless for city purposes and to make good and sufficient title to purchaser. The Mayor and Council shall pass a resolution and spread in their minutes states that said property has become unnecessary and useless for city purposes and may sell the same either at public or private sale. Sale of city property. Section 43. Be it further enacted, That the City Council may, in their discretion, elect a city attorney whose duty it shall be to draft such ordinances as may be required by the council, attend such meetings of the council as may be required; prosecute offenders before the mayor's court when requested by the mayor or directed by the

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council, and perform such other duties as may be required by the council, the compensation of such attorney to be such as may be fixed by the council. City Attorney. Section 44. Be it further enacted, That the city council shall be authorized in its discretion to elect a board of health consisting of such number of citizens of said city, one of whom shall be a practicing physician, as the council shall see proper. Said board of health or any member thereof shall have the right to inspect the premises of any citizen, prescribe such regulations for the sanitary protection of said city as it may see fit, abate nuisances endangering the health of said city under the same conditions as may obtain for the abatement of nuisances before the city council; have its orders enforced by the marshals, and have such other authority and powers as may be conferred upon it by ordinances of the city council. Board of Health. Sanitation, nuisances. Section 45. Be it further enacted, That if the mayor or any member of the council shall be guilty of wilful neglect of duty or fail to enforce and carry out the charter provisions or ordinances of said place as may be by the city council provided, or to take bond for the appearance of such persons for trial before the mayor's court. Said marshals are likewise authorized to make arrest anywhere within the limits of White County for violation against the ordinances of said city upon warrants issued by the mayor of said city upon affidavit duly made. Officials' neglect of duty. Arrests in county. Section 46. Be it further enacted, That the city council shall have the right and power to prevent cattle, horses, mules, hogs, goats, dogs or other animals from running at large in said city or being confined in pens therein; to take up, impound and sell any animal running at large in violation of any ordinance of said city, and to prescribe such rules and regulations with respect thereto as the council may see proper. Animals. Section 47. Be it further enacted, That the city council shall have the right and authority to pass such ordinances and regulations as it shall see fit preventing idleness, vagrancy, loafing and loitering on the streets or within the corporate limits of said city, and to prescribe a penalty

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for a violation thereof, to try and punish in the mayor's court any person guilty of vagrancy, and to provide a penalty therefor. Vagrancy, loitering, etc. Violations. Section 48. Be it further enacted, That the city council shall have the right and authority to prohibit by ordinance any person engaging in or carrying on any sort of character of business in said city on the Sabbath day, or keeping open any place of business on said day, or engaging in any game or sport within said city on said day, or congregating in crowds within said city on said day, or engaging in any character of noisy or boisterous conduct, or from doing or engaging in anything tending to desecrate or disturb the Sabbath, and to provide for a penalty for a violation of the same, jurisdiction being hereby conferred upon the mayor's court of said city to punish for the foregoing offenses. Sabbath violations. Section 49. Be it further enacted, That should the Mayor or any member of the council be guilty of malpractice in office, or wilful neglect of his office, or abuse of the power conferred upon him, or shall be guilty of any other conduct unbecoming an officer of the City of Cleveland, he shall be subject to impeachment by the mayor and council, and on conviction, shall be removed from office. Officials' malpractice, neglect, etc. Impeachment. Section 50. Be it further enacted, That all officers elected by said city council shall be required to give such bonds and subscribe to such oaths as may be required by the council. Bonds, oaths. Section 51. Be it further enacted, That deeds made by the City of Cleveland or its mayor or its marshal pursuant to tax sale or sales under executions issued for the collection of local assessments, shall be admissible in evidence on the same terms as deeds made pursuant to sales for taxes due the State and county; provided, that it shall be competent for parties denying the validity of such tax deeds or assessment deeds to put in evidence the proceedings preliminary to the execution of such deeds. The purpose of this is to give city tax deeds and city assessment deeds the same prima facie force and validity which is accorded to tax deeds made by officers of the State and county. City tax deeds, assessment deeds. Admissible in evidence. Effect. Section 52. Be it further enacted, That the annual expenses of the City of Cleveland shall be so restricted so as

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not to exceed the annual income of the City, after paying interest on its bonds and its debts. The Mayor and Council shall have full power and authority, in their discretion, to negotiate loans on the most advantageous terms to said city, to supple and make up any deficiency that may exist, of the funds in the treasure, for the purpose of paying the expenses of the city, which may be incurred; and provided, further, that as soon as an amount equal to the amount so borrowed is paid into the treasure by taxation, or from other sources of revenue, not already applied to other debts or liabilities of said city, the Mayor and Council shall apply the same or as much as may be necessary to the repayment of the said loan, or the said Mayor and Council shall be authorized in their discretion to make partial payments upon said loan with any monies that may come into the treasure from time to time. In either case the total amount of said loans shall be repaid out of the year in which the said loans were made. All contracts entered into by said Mayor and Council, contrary hereto, for the purpose of raising money, or otherwise engaging the credit of the said city, shall be null and void to the said city. Expenses not to exceed income; loans. Repayments. Other contracts for money void. Section 53. Be it further enacted, That the Mayor and Council of said city shall have authority to enforce the collections of the amount of any assessments so made for work either upon streets or sidewalk, by execution to be issued by the clerk of council against the real estate assessed and against the owner thereof, as the date of the ordinances making the assessment, which execution may be levied by the marshal of said city on such real estate, and after advertisement and other proceedings as in cases of sales for city taxes, the same may be sold at public outcry to the highest bidder, and such sale vests title in the purchaser as in case of tax sales; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due and specifying fully the grounds of such denial of liability, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance, and all such affidavits so received shall be returned to the Superior Court of White County, and there tried, and the issue determined as in

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cases of illegality for delay; provided, the judge of said Superior Court shall have authority to dismiss any such affidavit of illegality for insufficiency before the time, when the same would regularly come up for trial. Assessments for street or sidewalk work; executions, sales. Affidavit of illegality; procedure. Section 54. This Act shall not become effective until it is approved by a majority of the registered voters of Cleveland voting at an election called by the mayor and council at a date to be set by them. If this Act is approved in said referendum, then it shall become effective immediately upon a declaration by the mayor to that effect. Referendum. Section 55. Be it further enacted, That all laws in conflict herewith be, and they are, hereby, repealed. Approved March 28, 1947. EAST POINT LIMITS EXTENDEDNEW WARD, OFFICIALS, ZONINGREFERENDUMS. No. 350 (House Bill No. 529). An Act to amend an act entitled An Act to create a new charter for the City of East Point, in the County of Fulton, and to reincorporate said city and define its territorial limits; to continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof; to provide that all ordinances, rules, regulations and resolutions of said city now in force, not in conflict with this Act, be preserved and continued in force and valid and binding until the same are repealed or amended by the Mayor and Board of Aldermen of said city; to declare and consolidate the rights and powers of said incorporation; to prescribe the rights and powers, duties and liabilities and qualifications of all officers, and the manner of their election and removal from office; to provide for the retention in office of the present officers of said City until the election provided for in this charter is held; to provide the manner and time for all elections in said city; to provide for the qualifications of all electors or voters therein; and for the registration of the same; to provide for the Recorder's Court and the trial and punishment

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therein of all offenders against the laws of said city and the manner of appeal therefrom; to provide for a city chaingang and the working of prisoners therein; to provide for a fire department, a board of health, a water and light commission, a police department and to prescribe the rights, powers, duties and liabilities of the same; to authorize the Mayor and Board of Aldermen to maintain and operate a system of waterworks and sewers and electric plant; to authorize said city to borrow money and issue bonds and other evidences of debt for public purposes; to provide for public parks and cemeteries; to provide for streets, avenues, lanes, alleys, sidewalks and crossings and for the laying out, opening, grading, working, and paving of the same; to provide for the assessment, levy and collection of an ad valorem tax on all property, real and personal, for general purposes, and for paying the principal and interest on the bonded debt of the city; to authorize the assessment and collection of a tax for working the streets of said city; to authorize the taxation and license of all kinds of business trades, professions, shows, exhibitions and entertainments in said city; to provide for the maintenance and supervision of the public schools of said city; to provide for the maintenance of a public library; to provide for the abatement of nuisances; to prohibit the sale of all intoxicating liquors in said city; to prohibit the keeping or storing for all illegal purposes of all intoxicating liquors; to provide for search for the same, and the seizure and destruction thereof, and the punishment of the offenders; to grant encroachment on the streets; to force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the city shall direct that the work be done; to provide for all matters and things necessary, proper or incident to as obligations of said city all outstanding bonds and other legal obligations of said city; and for other purposes, approved August 19th, 1912, and the several acts amendatory thereof, so as to annex to the City of East Point substantially all of the unincorporated area between East Point, College Park and Hapeville; to provide for a fourth ward within the City of East Point as enlarged

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by this annexation; to fix the line dividing said fourth ward and the third ward of said city; so as to provide for representation on the Zoning and Planning Commission, the Athletic Commission, the Board of Registrars, the Library Board of Trustees, and so as to divide and distribute representation between the various wards of said city on the various boards, commissions, and authorities under the jurisdiction of said city; and for the other purposes; 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the city limits of the City of East Point be and are hereby extended to embrace the inhabitants and territory in the 14th District of Fulton County, Georgia, within a boundary line commencing at the intersection of the East right-of-way line of Vesta Avenue, which lines are the present East and South limits of the City of East Point and running thence East along the center line of Vesta Avenue Eight Hundred (800) feet, more or less, to the East side of Spring Street; thence Northwesterly along the East side of Spring Street Six Hundred Seventy-seven (677) feet, more or less, to the South side of Willingham Drive, thence Southeasterly along the South side of Willingham Drive Twelve Hundred Fifty (1250) feet to an iron pin; thence South Two Hundred Fifty-nine and Eight Tenths (259.8) feet to an iron pin on the North side of a branch; thence along the North side of said branch in an Easterly direction Seven Hundred Sixty-two (762) feet, more or less, to the West side of Harrison Road; thence South along the West side of Harrison Road Six Hundred Three (603) feet, more or less, to the Land Lot line between Land Lots 131 and 130; thence West along said Land Lot line One Hundred Fifty-five (155) feet; thence South parallel with and One Hundred Fifty-five (155) feet West of the West side of Harrison Road Eight Hundred Ten and Five Tenths (810.5) feet to the center line of a Ten (10) foot alley; thence west along the center line of said alley 300 feet; thence north 190 feet to the

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south side of East Walker Avenue; thence west 670 feet, more or less, to the west line of Land Lot 130; thence south along the west line of said Land Lot 130 to the North side of Cambridge Avenue; running thence east along the north side of Cambridge 690 feet, more or less, to the northeast corner of East Cambridge Avenue and Hill Street; thence north 225 feet along the east side of Hill Street to the center of an alley; thence eastwardly along the center line of said alley 255 feet to a point 172.8 feet west of the west side of Harrison Road in the center of an alley; thence southwardly along the center line of said alley 250 feet to the center line of East Cambridge Avenue; thence west along the center line of East Cambridge Avenue 50 feet, more or less, to a point in the center of East Cambridge Avenue which would be the point of intersection of a line projected north from the center line of a ten foot alley running in a northerly and southerly direction, the east side of which alley is 208 feet west of the southwest corner of East Cambridge Avenue and Harrison Road; thence south along the center of said last mentioned alley to the north side of Hardin Avenue at a point 203 feet west of the northwest corner of Hardin Avenue and Harrison Road; thence continuing south in a straight line across Hardin Avenue to the center line of a ten foot alley running in a northerly and southerly direction, the east side of which alley is 196 feet west of the southwest corner of Hardin Avenue and Harrison Road; thence continuing South along the center line of said last mentioned alley 210 feet to the southern end of said alley at a point 194 feet west of the west side of Harrison Road; thence continuing south along a straight line projected from the center of the south end of said last mentioned alley as aforesaid 206.6 feet, more or less, to the center of East Virginia Avenue; thence east along the center of East Virginia Avenue to the point of intersection of the center line of East Virginia Avenue with the center line of Harrison Road; thence southerly along the center line of Harrison Road to the south land lot line of Land Lot 130 of the 14th District of Fulton County, Georgia thence east along the south line of Land Lot 130 to a point 172 feet east of Egan Avenue and the southeast corner of Lot 8 of Block OS of the Egan Park Subdivision according to plat recorded

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in Deed Book 183, Page 704 of the records of the Clerk of Superior Court of Fulton County, Georgia; thence north 218 feet, more or less, to the northeast corner of Lot 5, Block OS of said subdivision; thence west along the north line of said Lot 5 172 feet to said Egan Avenue; thence north along the east side of said Egan Avenue 280 feet to the northwest corner of Lot 4 of Block JS of said subdivision; thence west 202 feet across said Egan Avenue and along the north line of Lot 8 of Block IS of said subdivision; thence north along the west line of Lots 7, 6, and 5 of said Block IS of said subdivision across an alley and along Lot 4 of Block DS of said subdivision 325 feet, more or less, to the center line of Virginia Avenue; thence east along the center line of Virginia Avenue 565.7 feet, more or less, to the center line of Whipple Avenue and the Hapeville city limits; thence north along the center of Whipple Avenue and the City of Hapeville city limits line 1380 feet to a corner; thence east along the Hapeville city limits line 1415 feet to a corner; thence north along the Hapeville city limits line 971 feet to the south line of Land Lot 126; thence east along the south line of Land Lot 126 a distance thence north along the east line of Land Lot number 126 of 1418 feet to the southeast corner of Land Lot 126; a distance of 2840 feet to the present city limits of the City of East Point; thence west along the East Point city limits 2940 feet; thence south along the East Point city limits 900 feet; thence west 4500 feet along the East Point city limits to the right of way of the Atlanta and West Point Railroad; thence southwest-wardly along said East Point city limits 1200 feet, more or less, to the point of beginning; and all of said territory and the inhabitants thereof are hereby annexed to and made a part of said city of East Point subject to the government, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city has heretofore exercised over the territory and people heretofore embraced within the territorial limits of said city. City limits extended. Description. Section 2. A fourth ward in the City of East Point is hereby created. The area embraced within said fourth ward is all of that area of the City of East Point east of Main Street and south of the following dividing line between

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the third ward of said city and the fourth ward hereby created, to wit: Beginning at the intersection of the south line of Land Lot 157 and the east line of South Main Street, and running thence east along the south line of said Land Lot 157 to the southeast corner of said land lot; thence running north along the east line of said land lot to the center line of Holcombe Avenue; thence running east along the center line of said Holcombe Avenue to the center of Bayard Street; thence running south along the center line of Bayard Street to the south line of Land Lot 132; thence running east along the south line of Land Lots 132, 125, and 100 to a point 200 feet east of the southeast corner of Land Lot 125. Fourth Ward created. Section 3. The City Council of East Point is hereby increased in number from seven to nine members, two aldermen being hereby added by this charter amendment to be elected from the fourth ward of said city hereby created, and it shall be the duty of the City Council of East Point as soon as the provisions of this act become of force to order a special election in said fourth ward of said city for the election of 2 aldermen to represent said ward in the City Council of East Point. Said special election shall be called within 30 days from the date this act becomes of force and shall be held within 30 days from the date of such call. At said special election the persons qualified to vote in said fourth ward shall elect two aldermen, the term of one to commence with his election and to expire with the reorganization meeting of the City Council of East Point in January, 1948 and the term of the other to commence with his election and expire with the reorganization meeting of the City Council in January, 1949. The regular term of each alderman thereafter elected from said fourth ward shall be for two years and until a success is elected and qualified. All of the laws and ordinances respecting special elections for aldermen in the City of East Point as heretofore shall prevail in the special election to be held for aldermen in said fourth ward and all of the laws and ordinances heretofore regulating and governing the holding of special elections for aldermen in said city, the eligibility and qualification of candidates for aldermen, the qualification of voters and establishment of ward precinct shall be observed as heretofore

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provided for special elections for aldermen for the City of East Point except that persons otherwise qualified to vote or hold office shall not be denied the right and privilege to vote or hold public office by reason of the fact that such persons have not been bona fide residents nor had their domicile in the City of East Point for six months next preceding the date of the election in which such persons may desire to participate either as voter or candidate; provided that such persons are citizens of the United States and shall have resided and had their domicile in the State of Georgia for one year and in the County of Fulton for six months and within the area hereby annexed to the City of East Point for six months next preceding the date of the election in which they may desire to participate either as voter or candidate; provided such person or persons are otherwise qualified to vote or hold public office within said city. City Council increased, for new Ward. Election. Terms. Election procedure, voters. Section 4. All of the laws, ordinances, and regulations governing aldermen of the City of East Point, their qualifications, rights, powers, jurisdiction, duties, privileges, and authority shall be applicable to the aldermen provided for in said fourth ward as created by this charter amendment. Laws, etc., applicable to new aldermen. Section 5. Said City of East Point shall have full power and authority to make and extend improvements within said newly annexed territory, and to levy, assess, and collect for such improvements; to open, extend, widen, close, repair, improve and pave streets, sidewalks, alleys, lanes and roads; to lay pipe; to furnish water; to furnish electric light and power; to charge for such services; to collect such charges; to police said annexed territory; to provide fire protection therein; to levy, assess and collect taxes in said newly annexed territory, and all of the property within such newly annexed territory shall be subject to any and all duties and obligations of said city including any and all bonds and taxes levied for the retirement of such bonds and the interest thereon. Improvements, powers, etc., as to new territory. Its obligations. Section 6. Said city's authority to zone or restrict property to certain uses and prevent other uses shall extend over all of said newly annexed territory and all other rights, powers, privileges, duties, obligations and government of said city of East Point with respect to its inhabitants and their rights and all others affected by the exercise of

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any of such powers, rights, duties, obligations, privileges, or jurisdiction, including the exercise of the power or right of eminent domain. Under no circumstances shall said city appropriate any property of any private person, firm, or corporation to public use without the payment of just and adequate compensation determined by private treaty if possible and if not by private treaty then by use of the power of eminent domain, and this provision shall apply also to any property of any other municipal corporation; provided it does not imply or mean that it shall be necessary for said City of East Point to pay any amount under this act for its joint use of facilities financed jointly by the United States and any other political subdivision of the United States, whether such other political subdivision be the State of Georgia, or any county or municipalities or counties or municipality. Zoning or restricting property in new territory. Compensation for property appropriated; eminent domain. Proviso as to such payments. Section 7. The office of Zoning and Planning Commissioner heretofore filled from the city at large by the three members elected by the City Council of East Point shall at the expiration of the present term of the present chairman of said Zoning and Planning Commission be filled by appointment of the City Council of East Point, and his term of office shall be four years and until a successor is elected and qualified, the first term of said office to commence at the first annual reorganization meeting of the City Council of East Point after the resignation of the present chairman or expiration of his present term, whichever is first. The term of office of each of the three members heretofore elected by the City Council of East Point for a term of three years is hereby fixed so that the office of one member of said commission will expire at the annual reorganization meeting of the City Council of East Point in January of each of the three years preceding the expiration of the four year term prescribed for said fourth ward member, and the term of office of each member of said Commission is hereby fixed at four years commencing with the first elections to said Commission held under this act, so that the four members elected by the City Council from the four wards of said city shall hold each for a term of four years staggered so that one term expires at the reorganization meeting of the City Council of East Point in January of each year when a new term commences. The

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provision of Section 2 of the act amending the charter of the City of East Point in 1939 (Georgia Laws 1939, page 1019) providing for the election of a chairman of said Zoning and Planning Commission by three members of said Commission appointed by the City Council of East Point is amended to make it conform with the above provisions of this amendment, provided that the chairman of said commission under this amendment shall be one of the members of said commission whose term of office is hereby fixed at one year and until a successor is selected and qualified. Zoning and Planning Commissioners. Terms. Chairman. Section 21 of said Act of 1939 above mentioned is amended by the creation of the office of a fourth member of the Board of Registrars of said city to serve from said fourth ward created by this act whose term of office is hereby fixed at four years except the first which shall be one year from the annual reorganization meeting of the City Council of East Point in January, 1948 when the first term of said registrar from said fourth ward shall commence. The present terms of the other three registrars from the three other wards of said city are hereby adjusted so that when they expire after the effective date of this amendment they shall each be and become four years instead of three year terms, so that the service of the members of said Board will be staggered so that one will be elected each year for a four year term. All elections to fill vacancies shall be for the unexpired term. Fourth member, Board of Registrars. Their terms. Section 8. Be it further enacted by the authority aforesaid that before the provisions of this act shall become operative the same shall be submitted for their approval to the qualified voters, who shall have been for at least six months next preceding the passage and approval of this act by the Governor of this State bona fide residents of the territory hereby annexed, at the election to be called by the City Council of East Point for that purpose within two weeks from said passage and approval of this act, said election to be held not more than ninety nor less than sixty days from said passage and approval of this act. No person shall be eligible to vote in said election except persons qualified to vote for members of the General Assembly, nor unless such persons shall have also registered with the Board of Registrars of the City

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of East Point with a special registration for said election. Said City Council of East Point is hereby authorized and empowered to fix by ordinance the time for such special registration, and persons not registered in said special registration within the time fixed by said City Council of East Point shall not be entitled to vote in said election. Said election shall be conducted in the same manner and subject to the same rules and regulations so far as practicable as other municipal elections are held within said City of East Point subject to the provisions of this act. Voters in said election in favor of this act becoming operative shall have written or printed on their ballots the words For Annexation of Egan Park to East Point and voters in said election not in favor of this act becoming operative shall have written or printed on their ballots the words Against Annexation of Egan Park to East Point. The voting place or precinct in said election shall be at such point within the City of East Point or the territory annexed hereby as may be selected by the City Council of East Point, and such notice of the time and place of such election and special registration shall be given by the City Council of East Point as it may deem proper. The managers of said election shall make their returns of the results of said election to the City Council of East Point which shall declare the results of said election and enter the same on its minutes. If a majority of those voting in said election are in favor of this act becoming operative then and in that event this act shall be and become operative and of full force and effect upon the declaration of the result of said election by the City Council of East Point if a majority of the voters of said city voting at the election provided for in the next section hereof approve this act, but if a majority of those voting at either of said elections do not vote for this act to become operative, then and in either of such events the same shall not become operative. Referendumvoters of new territory. Section 9. Be it further enacted by the authority aforesaid that notwithstanding the approval of the provisions of this act by a majority of the voters in the area being annexed to the City of East Point by this act voting at an election to be called for that purpose as provided in Section 8 of this act, before the provisions of this act

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shall become of force the same shall also be submitted to the qualified voters of the City of East Point as it existed prior to the enactment of this act at an election to be called by the City Council of East Point for such purpose after the approval of this act by a majority of the voters in the area annexed by this act at the election held as required under Section 8 of this act, and if a majority of those voting at said election called under this section of this act approve this act then each and all of the provisions of this act shall become of full force and effect, but if a majority of those voting at said election to be called under this section of this act shall fail to approve this act then the same shall remain inoperative. At said election called under this section of this act those voting in favor of this act becoming of force shall have written or printed on their ballots the words For Egan Annexation, and those voting against this act becoming operative shall have written or printed on their ballots the words, Against Egan Annexation. Said election shall be held in the same manner as elections for mayor and alderman are held as far as practicable, and the managers of said election shall make their returns to the City Council of East Point which shall receive the same and declare the results thereof, which shall be entered on the minutes of the City Council of East Point. Said City Council of East Point is hereby authorized to fix the date for said election at such time as it may deem proper within not less than ninety nor more than one hundred eighty days from the date of approval of this act by the Governor, and said City Council of East Point is authorized to give such notice of the time and place of such election as in its judgment will be proper. Referendumvoters of City. Section 10. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 28, 1947.

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COLLEGE PARK CORPORATE LIMITS EXTENDEDWARDS, REPRESENTATION. No. 351 (House Bill No. 535). An Act to amend an Act entitled An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for extension of corporate limits of said City and annexation of territory thereto, and the establishment and/or adjustment of ward boundaries and councilmanic representation in relation to such annexed territory; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Charter of Mayor and Council of the City of College Park, as contained in An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (now the City of College Park); to provide for incorporating said City under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, be and the same are hereby amended as follows: Act of 1895 amended. Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the two following parcels of territory, to wit: Corporate limits extended. PARCEL ONE: Beginning at the Northeast corner of Land Lot One Hundred Fifty-nine (159) of the Fourteenth (14th) District of Fulton County, Georgia, and running thence East along the North Land Lot line of Land Lot No. One Hundred Thirty (130) of the Fourteenth (14th) District of Fulton County, Georgia One Thousand (1000) feet, more or less, to a point on the North line of said Land Lot One Hundred Thirty (130) One Hundred Fifty-five (155) feet West of the West

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side of Harrison Road; thence South parallel with and distant One Hundred Fifty-five (155) feet West of the West side of Harrison Road Eight Hundred Ten and Five-tenths (810.5) feet to the center line of a Ten (10) foot alley (which alley runs in an East and West direction); thence West along the center line of said alley Three Hundred (300) feet; thence North One Hundred Ninety (190) feet to the South side of East Walker Avenue; thence west along the south side of East Walker Avenue Six Hundred Seventy (670) feet, more or less, to the East Land Lot line of said Land Lot No. One Hundred Fifty-nine (159), and the present corporate limits of the City of College Park; thence North along the East Land Lot line of said Land Lot No. One Hundred Fifty-nine (159) and the present corporate limits of the City of College Park to the Northeast corner of said Land Lot, and the point of beginning; Parcel One. PARCEL TWO. Beginning at a point on the East Land Lot line of Land Lot One Hundred Fifty-nine (159) of the Fourteenth (14th) District of Fulton County, Georgia, and the present corporate limits of the City of College Park, at the intersection of said Land Lot line with the North side of East Cambridge Avenue; and running thence East along the North side of East Cambridge Avenue Six Hundred Ninety (690) feet, more or less, to the Northeast corner of East Cambridge Avenue and Hill Street; thence North along the East side of Hill Street Two Hundred Twenty-five (225) feet to the center of a Ten (10) foot alley (which alley runs in an East and West direction); thence East along the center of said alley Two Hundred Fifty-five (255) feet to a point One Hundred Seventy-two and Eight-tenths (172.8) feet West of the West side of Harrison Road at the center line of an alley (which alley runs in a Northerly and Southerly direction); thence South-wardly along the center line of said alley Two Hundred Fifty (250) feet to the center line of East Cambridge Avenue; thence West along the center line of East Cambridge Avenue Fifty (50) feet, more or less, to a point in the center of East Cambridge Avenue which would be the point of intersection of a line projected north from the center line of a ten (10) foot alley running

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in a Northerly and Southern direction, the east side of which alley is Two Hundred Eight (208) feet West of the Southwest corner of East Cambridge Avenue and Harrison Road; thence South along the center of said last mentioned alley to the North side of Hardin Avenue at a point Two Hundred Three (203) feet West of the Northwest corner of Hardin Avenue and Harrison Road; thence continuing South in a straight line across Hardin Avenue to the center line of a ten (10) foot alley running in a Northerly and Southerly direction, the East side of which alley is One Hundred Ninety-six (196) feet West of the Southwest corner of Hardin Avenue and Harrison Road; thence continuing South along the center line of said last mentioned alley Two Hundred Ten (210) feet to the Southern end of said alley at a point One Hundred Ninety-four (194) feet West of the West side of Harrison Road; thence continuing South along a straight line projected from the center of the Southern end of said last mentioned alley as aforesaid Two Hundred Six and Six-tenths (206.6) feet, more or less, to the center of East Virginia Avenue; thence East along the center of East Virginia Avenue to the point of intersection of the center line of East Virginia Avenue with the center line of Harrison Road; thence Southerly along the center line of Harrison Road to the South Land Lot line of Land Lot One Hundred Thirty (130) of the Fourteenth (14th) District of Fulton County, Georgia; thence West along the South Land Lot line of said Land Lot One Hundred Thirty (130) to the Southwest corner of said Land Lot One Hundred Thirty (130) (which is the Southeast corner of said Land Lot No. One Hundred Fifty-nine (159)); and thence North along the East line of said Land Lot No. One Hundred Fifty-nine (159) and the present corporate limits of the City of College Park to the point where said East Land Lot line of said Land Lot One Hundred Fifty-nine (159) and the present corporate limits of the City of College Park intersect the North side of East Cambridge Avenue, and the point of beginning. Parcel two. Section II. The jurisdiction of the Mayor and Council of the City of College Park, the municipal corporation

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aforesaid, is hereby extended over all the territory included within the boundaries above described in Section I of this Act, and the power and authority of said municipality under its present charter and ordinances and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered and included within the limits of said municipality as extended by Section I of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made coextensive with the limits as extended by Section I of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of Section I of this said new territory is likewise made subject to all the bonds heretofore issued by Mayor and Council of the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Jurisdiction and powers as to new territory. Section III. The Mayor and Council of said City of College Park are hereby authorized and empowered in their discretion to include all or any part of said annexed territory in one or more of the wards of said City as at present constituted, or to create one or more wards out of said annexed territory, and to provide for representation from such new ward or wards on the Council of said City, and to pass such ordinances as may be advisable in readjusting said territory to and with the rest of said City. Wards. Representation on Council. Readjusting to City. Section IV. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947.

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AIRPORT AUTHORITY IN CERTAIN-COUNTIES. No. 352 (House Bill No. 541). An Act to create in every county in this State having a population of 300,000 or more inhabitants according to the United States Census for 1940, or any future United States Census, an Airport Authority for said county, the members of which are to be appointed by the Board of Commissioners of Roads and Revenues of such county, or other county authority having charge of the roads and revenues thereof, which authority, when directed by the Board of Commissioners of Roads and Revenues or other county authority in charge of the roads and revenues thereof, shall have power to purchase, plan, and erect airports in said county, and upon erection to supervise and manage the operation of said airports, provided that said airports may be erected upon the revenue certificate plan to be paid for by revenue certificates issued by the county under and by virtue of the authority contained in Article 7, Sec. 7, Par. 5 of the Constitution, and the Acts of the General Assembly heretofore and hereafter enacted authorizing counties to issue revenue certificates without being general obligations of said county; to provide a term and tenure for the members of said Authority; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act there shall be, and there is hereby created, in every county in this State having a population of 300,000 or more inhabitants according to the United States Census of 1940, or any future United States Census, an Airport Authority for such county. Authority created in counties indicated. Section 2. Said Airport Authority shall be composed of not less than five and not more than nine members, to be appointed by the Board of Commissioners of Roads and Revenues for such county, or other county authority having charge of the roads and revenues thereof (and any one or more members of said Board of Commissioners or other county authority may be appointed members of

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said Airport Authority) for a term of four years, and until their successors (to be appointed in like manner) shall have been elected and qualified. Composition, appointment, term. Section 3. Every such Airport Authority, when directed by the Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues thereof, shall have power to purchase, plan, and erect an airport or airports at any place within the limits of the county outside of incorporate limits of cities in said counties, and upon erection, when directed by the Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues thereof, shall have power to supervise and manage the operation of same as a revenue producing facility. Powers as to airports; direction by Commissioners of County. Section 4. Every such airport may be erected upon the revenue certificate plan and may be paid for by revenue certificates issued by the county under and by virtue of the authority contained in Article 7, Sec. 7, Par. 5 of the Constitution, and the Acts of the General Assembly heretofore enacted and hereafter enacted providing for the issuance of revenue certificates for the purchase or construction, in whole or in part, of any revenue producing facility, and no such certificate shall be a general obligation of said county. Airport erection. Revenue-certificate plan. Section 5. Each such Airport Authority, when directed by the Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues thereof, shall have power to extend, repair, or improve any airport erected under authority of this Act, and may obtain funds therefor under said revenue certificate plan. Extension, repair, or improvement. Funds. Section 6. Nothing in this Act shall curtail or limit in any way the power and authority now existing in said counties and their officers with respect to airports by reason of laws heretofore enacted; and the power and authority conferred by this Act shall be cumulative thereto. Powers under previous laws not curtailed. Section 7. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1947.

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NON-RESIDENT ADMINISTRATORS, EXECUTORS, OR GUARDIANSSUITS AGAINST, VENUEORDINARY, AGENT FOR SERVICE. No. 353 (House Bill No. 18). An Act to provide for the venue of suits and citations for settlement, accounting or removal, against non-resident administrators and executors or guardians appointed by any court of this State, or any person a resident of this State who qualifies as administrator, executor or guardian and subsequently removes from the State, to provide for service thereof, and to provide for an Attorney-in-fact for service upon such administrators and executors, and for 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, any non-resident of the State of Georgia who shall qualify in any court in this State as administrator or executor or as guardian of any person or any person a resident of this State who so qualifies and subsequently removes from this State shall, by virtue of such qualification, be deemed and held to have appointed the ordinary of the county in which they have qualified as their attorney for service of all process or proceedings for accounting or removal of any kind or character against them. Non-resident administrators and others. Ordinary deemed attorney for service. Section 2. Be it further enacted by the authority aforesaid that any suit of any nature or character whatsoever, or any proceedings for the removal, settlement or for accounting upon the part of such administrator, executor or guardian, shall be brought in the county in which such administrator, executor or guardian shall have qualified in this State. Suit in county of qualification. Section 3. Be it further enacted by the authority aforesaid that service of such suits or citation or proceedings upon the ordinary of said county shall be deemed and held to be service upon such administrator, executor or guardian. Service upon Ordinary. Section 4. Be it further enacted by the authority aforesaid that the ordinary of said county upon whom service

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shall have been made, as provided in Section 3 of this Act, shall, immediately upon receipt of service of any process, citation or proceedings against any such administrator, executor or guardian, mail the same, by registered mail, to the last known address of such person and shall receive therefor a fee of $1.00, and shall enter upon the minutes of his court a statement that such process or proceedings has been so made. Ordinary to send by registered mail papers served to person's last-known address. Section 5. Be it further enacted by the authority aforesaid that any foreign administrator, executor or guardian who shall continue in office under appointment by any court of this State for a period of ninety days after the date of the passage and approval of this Act shall be deemed to have accepted the provisions of this Act and to have constituted the Ordinary of the county of his appointment as his agent for service, and the provisions of this Act shall thereafter be fully and completely effective as to such foreign administrator, executor or guardian. Administrators, etc., continuing for 90 days deemed to have accepted Act, and made Ordinary agent for service. Section 6. Be it further enacted by the authority aforesaid that in the event any portion of this law shall be declared unconstitutional, such adjudication shall not effect any other provisions thereof than that expressly so declared. If part of Act unconstitutional. Section 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. CONSTABLES' FEES INCREASED. Code 24-820 repealed; section substituted. No. 354 (House Bill No. 80). An Act To amend Section 24-820 of the Code of 1933 by striking the entire section and adding in lieu thereof, a new section and increasing the fees of the constables of the militia districts; 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

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the same that Section 24-820 of the Code of 1933 as follows: 24-820FEES.The following shall be the fees for constables of the militia districts: Old 24-820 stricken. Serving warrant .50 Serving summons or attachment .50 Each return by officer .50 Serving each copy of summons .50 Summoning each witness .25 Attending court, for each judgment rendered .50 Attending trial on day other than court day .50 Levying fieri facias .50 Settling fieri facias, when property not sold .50 Returning nulla bona .50 Summoning jury on inquest 1.00 Collecting executions issued by coroners .75 Keeping each dog, per day .25 Keeping horse, mule, ox or ass, per day .50 Keeping each head of neat cattle, per day .25 Keeping each head of sheep, goats, or hogs .25 All sales made by him, amount on sales commission 6% Attending grand jury, per day 1.00 Serving warrants in criminal cases 1.25 Keeping and maintaining prisoner before examinationunder 24 hours .75 Serving rule to establish lost papers .35 Every additional copy .30 Serving each order issued by a justice of the peace .50 Each additional copy .30 Following property out of county, going, returning, per mile .05 Levying each distress warrant 3.00 Each advertisement .50 Taking bond in civil cases .50 Taking bond in criminal cases 1.00 Executing search warrant .75 Executing search warrant in house or vessel 3.00 Serving garnishment summons .50 Each additional copy .25 Summoning jury 1.00 Attending jury on appeal .50 Executing warrant against tenants and intruders 1.25

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Serving possessory warrant 2.00 Be stricken and repealed and a new Section added in lieu thereof and substituted therefor to be known as Section 24-820 (a) as follows: New 24-820(a). 24-820. FEESThe following shall be the fees for constables of the militia districts: Schedule of fees. Serving Warrant 1.00 Serving summons or attachment 1.00 Each return by officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered 1.00 Attending trial on day other than court day 1.00 Levying fieri facias 1.00 Settling fieri facias, when property not sold 1.00 Returning nulla bona 1.00 Summoning jury on inquest 2.00 Collecting executions issued by coroners 1.50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of neat cattle, per day .50 Keeping each head of sheep, goats, or hogs .50 All sales made by him, amount on sales commission 6% Attending grand jury, per day 1.00 Serving warrants in criminal cases 3.00 Keeping and maintaining prisoner before examination under 24 hours 1.50 Serving rule to establish lost papers .70 Every additional copy .60 Serving each order issued by a justice of the peace 1.00 Each additional copy .60 Following property out of county, going, returning, per mile .10 Levying each distress warrant 3.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 2.00 Executing search warrant 1.50 Executing search warrant in house or vessel 3.00 Serving garnishment summons 1.00 Each additional copy .50

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Summoning jury 2.00 Attending jury on appeal 1.00 Executing warrant against tenants and intruders 2.50 Serving possessory warrant 2.00 Be it further enacted by the authority aforesaid that all laws and parts of law in conflict herewith be, and the same is hereby repealed. Approved March 28, 1947. GEORGIA BUILDING SAFETY LAWBUILDING SAFETY COUNCIL, SAFETY DIRECTOROCCUPANCY CERTIFICATES, PERMITS. No. 355 (House Bill No. 122). An Act to provide regulations to protect the occupants of buildings in this State; to establish a Building Safety Council; to make the Insurance Commissioner an ex officio member of the Building Safety Council; to provide for the administration of this Act by the Insurance Commissioner; to authorize the appointment of a Building Safety Director; and provide his powers and duties; to provide the powers and duties of the Building Safety Council; to authorize the issuance of occupancy permits; to authorize the budget authority to allocate funds to carry out the provisions of this Act; 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. GEORGIA BUILDING SAFETY LAW. This law shall be known and may be cited as the Georgia Building Safety law. Title of law for citing. SECTION 2. PURPOSE OF ARTICLE. It is the purpose of this Act to protect life, and all its provisions shall be construed liberally to that end. Purpose, construction.

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SECTION 3. ADMINISTRATION BY INSURANCE COMMISSIONER. The administration of such reasonable rules and regulations which may be hereafter adopted by the Building Safety Council which is herein provided for shall be enforced by the Insurance Commissioner through the agency of the Building Safety Director, which is herein provided for, in cooperation with local officials as herein provided. Rules and regulations. Enforcement by Insurance Commissioner through Building Safety Director. City ordinances and other local regulations may go more into detail, if desired, or may contain more stringent requirements provided the same do not conflict with the rules and regulations hereafter adopted by the said Building Safety Council. City ordinances, local regulations. SECTION 4. BUILDING SAFETY COUNCIL CREATED. There is hereby created a Building Safety Council which shall consist of the following members: one architect, one structural engineer, one plumbing and heating contractor or engineer, one electrical contractor or engineer, one general contractor, one representative of labor, and one Building Inspector or other Chief Building Official of a city in Georgia, the population of which according to the most recent U. S. census is not less than 25,000 people, and the Insurance Commissioner who shall be an ex officio member of said Council. The first four described members shall be registered as Architects or Professional Engineers in the State of Georgia. Members of the Building Safety Council shall be appointed by the Governor. The original terms of office shall be as follows: two members five years, two members for four years, one member for three years, one member for two years, and one member for one year. Thereafter their successors shall be appointed for a period of five years. Vacancies caused by resignation or otherwise shall be filled by the Governor by appointment for the unexpired term. Building Safety Council. Within thirty day after passage of this Act and the qualifications of its members the Building Safety Council shall meet and organize and shall have power to elect its own officers and fix the time and places for its meetings, to adopt necessary rules of procedure, and to adopt all other

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rules and regulations not inconsistent herewith which may be necessary for the proper discharge of its duties and it shall keep an accurate record of all its proceedings. Organization, officers. Procedure. Rules and regulations. SECTION 5. OFFICE OF BUILDING SAFETY DIRECTOR CREATED. There is hereby created the office of Building Safety Director who shall be appointed by the Insurance Commissioner with the consent and approval of a majority of the Building Safety Council. The Director shall be registered or eligible for registration as an Architect or Professional Engineer in the State of Georgia. Building Safety Director. SECTION 6. DUTIES OF BUILDING SAFETY COUNCIL. The Building Safety Council is authorized and directed to perform the following acts: Duties of Council. (a) To prepare standards, rules and regulations for the approval of the Department of Public Safety governing the issuance of certificates of occupancy. Such Regulations shall include but not be limited to the following: (1) Standards of exit safety consistent with the provisions of the Building Exits Code approved by the American Standards association known as American Standard A9.1-1946. (b) To prepare standards, rules and regulations for the approval of the Department of Public Safety governing the issuance of temporary occupancy permits. Such regulations shall include but not be limited to the following: (1) An agreement on the part of the property owner to correct any substandard conditions which prevent the issuance of certificate of occupancy within the period of one year. (2) Agreement by the owner of the property that such emergency measures as the Building Safety Council may prescribe for the protection of the public from fire and panic will be enforced on the premises as long as the temporary occupancy permit is in effect. (3) Any buildings occupied under temporary occupancy

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permit shall prominently display a sign or signs carrying the following wording HAZARDOUS BUILDING, TEMPORARY OCCUPANCY PERMIT EXPIRING (Date) BY AUTHORITY OF BUILDING SAFETY DIRECTOR, STATE OF GEORGIA. (4) Temporary permits shall be for one year. (c) Certificates of occupancy and temporary occupancy permits for existing buildings shall be issued only upon inspection of the premises and submission of a certified report of such inspection in such form as the Council may prescribe. Subject to the approval of the Insurance Commissioner, the Council may prescribe the qualifications of those persons making and certifying to such inspections with the exception that for all structures more than three stories in height or having an occupancy, either theoretical or actual, of seventy-five or more persons, above or below the first or ground floor, or a total occupancy of more than two hundred persons, the inspection shall be made under the supervision of and the report certified to by an Architect or Professional Engineer registered as such in the State of Georgia. Certificates of occupancy for new construction shall be issued only upon submission of plans and/or other adequate description of the proposed construction certified to as prescribed above for existing buildings. For both existing buildings and new construction the data to be submitted by the property owner with application for certificates or permits shall give a comparison of the actual or proposed features of the structure with the requirements of the Building Safety Council in such form as to facilitate determination by the Building Safety Director that the requirements are complied with or in case of deficiencies to determine their nature and extent. (d) To prepare rules for the approval of the Insurance Commissioner governing the amendment, revocation, and renewal of certificates and permits, Such rules to include but not be limited to the following: (1) Renewal of certificates shall be at intervals not exceeding five years. (2) Temporary occupancy permits shall not be renewable

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nor shall same be extended except with the consent of a majority of the members of the Building Safety Council. (3) Revocation of certificates or permits may be made without notice and effective immediately in cases of damage to the building by fire or otherwise, but in all other cases thirty days notice shall be given the property owner or his representative. (4) Certificates or permits may be amended in case of change in occupancy. In the event changes in the building are required for the proposed occupancy such changes shall be made before the new occupancy starts or may be made under a temporary permit. Certificates of occupancy or permits are immediately and automatically voided if any part of the building for which same have been issued is used for an occupancy other than those covered by such certificates or permits. (e) To hear all appeals from decisions of the Building Safety Director and recommend final action to the Insurance Commissioner. (f) To prescribe standards, rules and regulations for the delegation of authority of the Building Safety Director in the issuance of occupancy certificates to properly qualified and responsible building officials of cities and other incorporated communities. These regulations shall include but are not limited to the following: (1) One copy of the occupancy certificate or permit and the inspection report on which issuance of same is based shall be filed with the Building Safety Director. (2) The fixing of responsibility for enforcement of the provisions of this Act on a single official who will be deputized by the State Building Safety Director. (3) The setting-up of adequate inspection routine, under the local Building Inspection or Fire Department, to determine the compliance of property owners with the requirements of this Article, and report cases of non-compliance to the Building Safety Director through his local deputy. (g) To study and prepare a report for submission to the Legislature in January, 1949, setting forth recommendations

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covering modifications in the scope and administration of this act to most effectively accomplish its purpose. (h) Recommend for the guidance of property owners recognized building codes, plumbing, heating boiler, ventilating, electrical, refrigeration, elevator, and other codes as standards for construction and equipment in buildings in portions of the State where such construction and equipment is not covered by municipal or other codes. SECTION 7. DUTIES OF BUILDING SAFETY DIRECTOR. The Building Safety Director is authorized and directed to perform the following acts: Duties of Safety Director. (1) Acts as secretary of the Building Safety Council. (2) Carry out and enforce all standards, rules, and regulations adopted by the Building Safety Council and approved by the Insurance Commissioner. (3) Issue certificates of occupancy and temporary occupancy permits. (4) Employ such deputies and other technical and non-technical assistants and clerical help as may be required for the performance of his duties under this Act. (5) Deputize properly authorized and responsible building officials of incorporated communities to act for him in the enforcement of this Act within the limits of the incorporated communities which they serve, and make periodic inspections of their methods and effectiveness in enforcing the law. (6) Make or cause to made by his authorized assistants inspections of all buildings owned by the State of Georgia and its agencies. (7) Contact officials of such other States and recognized building code, fire protection and safety organization and participate in their activities to such an extent as the Building Safety Council may determine. (8) Recommend to the Building Safety Council such changes in their standards, rules and regulations as may appear desirable to simplify procedure, aid enforcement, avoid working unnecessary hardships on property owners or provide a more adequate degree of safety for the public.

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SECTION 8. CERTIFICATES OF OCCUPANCY AND TEMPORARY OCCUPANCY PERMITS. On and after the dates hereinafter set forth, it shall be unlawful for any person or persons to use or permit to be used any building or structure for which a certificate of occupancy or temporary occupancy permit is not in effect, or to use or permit to be used any such building or structure for occupancies other than those permitted by said certificate or permit. Certificates of Occupancy, Temporary Occupancy Permits. After such dates, it shall be unlawful for any city, county or other political subdivision or agency of the State or any official thereof to issue any license or permit (except certificate of occupancy or temporary occupancy permit) to conduct any business or make any use of buildings for which certificate of occupancy or a temporary occupancy permit is not in effect. Other licenses or permits unlawful. Owners of all buildings used as hotels, apartments, tenement houses, lodging houses, dormitories, multi-family houses, hospitals, sanitariums, corrective institutions, assembly halls, churches, school auditoriums, auditorums, recreation halls, pavillions, places of amusement, dance halls, opera houses, motion picture theatres, theatres, and other residential, institutional and public assembly occupancies shall be required to obtain a certificate of occupancy or temporary occupancy permit on or before the 31st day of December, 1947. Owners of described hotels, public buildings, etc., to obtain certificate or permit by December 31, 1947. Owners of all other buildings and structures shall be required to obtain certificate of occupancy or temporary occupancy permit on or before the 31st day of December, 1948, with the exception of the following types of buildings: Other owners to obtain by December 31, 1948. (a) Dwellings and outbuildings in connection therewith, such as barns and private garages. Buildings excepted. (b) Apartment buildings used exclusively as the residence of not more than two families. (c) Buildings used for agricultural purposes other than schools or assembly halls which are not within the limits of a city or incorporated village. (d) Temporary buildings or sheds used exclusively for construction purposes, not exceeding twenty feet in any

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direction, and not used for living quarters. Sixty days after date of passage and publication of this article it shall be unlawful to start construction of any new buildings, any additions to existing buildings or alterations exceeding forty per cent of the value of the altered building until a certificate of occupancy covering the new or altered building has been obtained. All additions and/or altered buildings covered in the foregoing shall conform to the standards for new buildings. In all cases of change in occupancy where such change increases the occupancy hazard, as measured by the number of persons to be provided for, by more than fifty percent, all additional exit facilities required shall meet the standards for new construction, and where the occupancy hazard is increased by more than one hundred percent, all exits and the protection of all vertical shafts shall meet the requirements for new construction. Changes in occupancy increasing hazard. Certificates of occupancy or temporary occupancy permits shall be displayed at one or more places on the property as may be required by the Director for the convenience of inspecting authorities. Sufficient copies of such certificates or permits will be furnished by the Director for such display. Display of certificates or permits. SECTION 9. FEES AND COSTS. The Building Inspector is hereby authorized and required to charge the following fees: Building Inspector's fees and costs. (a) Certificates of occupancy and temporary occupancy permits: (1) $5.00 per building where no more than two types of occupancy are included plus $2.00 for each additional type of occupancy housed in the same building. This to include owner's official copy and all required display copies of certificates and permits. (2) Renewals, amendments, and replacements duplicates, $2.00 per building of not more than two types of occupancy plus $1.00 for each additional occupancy. (b) Fees required under (a) may be waived in case of buildings owned by State, Counties, cities and school boards and also for churches and charitable organizations.

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(c) At the discretion of the Council, the Director may, upon application by the property owner, undertake by contract to make inspections of such types of existing buildings as the Council may direct. The Council is hereby authorized to fix fees for such services which shall be not less than the actual cost to the State for providing such service. Except as provided herein, the property owner shall at his own expense make the inspections and reports required for the issuance of certificates and permits. Contracts for inspection; fees for. Except as provided, duty of owner to make inspections, etc., at own expense. (d) All fees and charges required hereunder shall be paid in advance of the issuance of permits and the performance of services. Payment of fees, etc., in advance. SECTION 10. The Budget Authority is hereby authorized to allocate from any funds in the treasury not otherwise appropriated such sums as are necessary or proper to carry this Act into effect. The salary of the Director shall be fixed by the Insurance Commissioner with the approval of the Director of the Budget. Budget Authority to allocate funds. Director's salary. SECTION 11. APPEALS. Appeals from the decisions of the Director may be taken to the Building Safety Council who shall make a recommendation to the Insurance Commissioner whose decision shall be final. Appeals. SECTION 12. PENALTIES. Any person, firm or corporation who shall violate any provision of this Act or who shall fail or refuse to comply with any regulation lawfully promulgated hereunder shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be fined not to exceed one hundred ($100.00) each day that such violation exists shall constitute a separate offense. Violations, punishment. SECTION 13. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1947.

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SCHOOL BUSESPUPIL TRANSPORTATIONDRIVERS' SALARIESREGULATION, ADMINISTRATION OF FUNDS, BY STATE BOARD OF EDUCATIONPOWER OF COUNTY BOARDS. Code 32-919 repealed. No. 356 (House Bill No. 162). An Act to authorize and empower the State Board of Education to administer any and all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; to authorize and empower said board to accept and receive funds, donations, and gifts of both real and personal property from either public or private sources as may be offered for the support, maintenance and operation of pupil transportation; to authorize and empower the State Board of Education to establish a minimum salary schedule for all bus drivers as a means of distributing state funds; to authorize the State Board of Education to adopt reasonable regulations relating to the specifications, construction, design, and color of school buses; to authorize said board to establish uniform policies for the routing and operation of school buses and to establish procedures for the purchase of publicly owned and operated school buses; to provide county boards of education with power to purchase school buses and transportation equipment, to operate and maintain same, to employ operators and to pay for such service with school funds; to authorize county boards of education to contract for the transportation of pupils and school employees; to provide that members of the State Department of Education, county superintendent and members of the county boards of education shall not be financially interested in procuring and operating school buses or in the sale thereof; and for the repeal of Section 32-919 of the Code of Georgia as amended in 1946, 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 State Board of Education is hereby authorized and empowered to use a part of the common

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school fund to pay the salaries of bus drivers employed by the several county boards of education. That said State Board of Education is hereby authorized and empowered to administer any and all appropriations that may be made by the federal congress, its agencies, or bureaus to assist the State of Georgia in the maintenance and operation of pupil transportation, and to administer all funds allocated or appropriated or otherwise made available by the State of Georgia for pupil transportation; said State Board of Education is further authorized and empowered to accept and receive donations and gifts of both real and personal property including vehicles and other equipment from either public or private sources as may be offered for the support, maintenance, and operation of pupil transportation. The State Board of Education is hereby authorized and empowered to establish a minimum salary schedule for all bus drivers provided there shall be a differential in the minimum salary schedule for student, teacher, and adult bus drivers and also for drivers of publicly owned buses and privately owned buses. Nothing in this act shall prohibit county boards of education from supplementing or paying salaries in excess of the minimum salary schedule prescribed by the State Board of Education. All vehicles hereafter purchased or placed in use for the transportation of pupils, whether owned or hired by the county board of education, shall conform to minimum standards prescribed by the State Board of Education, and the state certification requirements of motor vehicle operators employed to transport school children shall be subject to the approval of the State Board of Education. School buses, pupil transportation facilities. State Board of Education's power to administer such funds, regulate vehicle standards, bus drivers' salaries, etc. Supplemental salaries by County Boards. Vehicles. Section 2. County boards of education are hereby authorized and given power to purchase motor vehicles and other equipment for the purpose of transporting pupils and school employees to and from the public schools, to employ drivers and provide for the operation and maintenance of such equipment. County school boards are hereby authorized to expend money out of school funds for the purchase of such school transportation equipment and to repair, maintain, and operate same. Powers of County School Boards. Section 3. Whenever the county board of education deems it for the best interest of the schools of the county it

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shall also have the right and power to contract with individuals and/or corporations for the transportation of pupils and school employees to and from school. Contracts for transportation. Section 4. No member of the State Department of Education or county school superintendent or member of the county board of education shall be financially interested in procuring and operating means or facilities for school bus transportation or in selling school buses, school bus equipment, or school bus supplies to county boards of education. Financial interest in transportation facilities, etc., prohibited. Section 5. That this Act shall take effect and be in force from and after its passage, and that Section 32-919 of the Code of Georgia as amended in 1946 is hereby repealed in its entirety and that all other laws and parts of laws in conflict with this Act be and the same are hereby repealed. Amended Code 32-919 repealed. Approved March 28, 1947. DANGEROUS DRUGS. Code 42-102, 42-110, 42-701 amended. No. 357 (House Bill No. 184). An Act To amend the first paragraph of Section 42-102 of the Code of Georgia of 1933, as amended, by adding wholesaling establishments and retailing establishments to the types of establishments which the chief drug inspector is directed to visit and inspect; by empowering the chief drug inspector to take samples from establishments inspected by him, for examination and analysis; and by authorizing the Board of Pharmacy to appoint one or more assistant drug inspectors; to amend Section 42-110 of the Code of Georgia by adding to the first paragraph thereof numbered 2, which relates to drugs, the names of certain medicines, drugs, or poisons; and to amend Section 42-701 of the Georgia Code by striking the names of certain poisons from schedule B of said section; and to amend Section 1 of an Act entitled An Act to regulate the sale, possession, prescribing

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and dispensing of certain dangerous drugs, providing certain exemptions providing for enforcement and penalties for violation thereof, approved March 16, 1939, by adding the names of certain medicines, drugs, or poisons to the list of medicines, drugs, or poisons which are forbidden to be sold, given or dispensed except on prescription of a duly licensed physician and when compounded by a registered pharmacist and by providing that said act shall apply to sales by manufacturers, wholesalers or retailers to any purchaser not authorized to purchase and resell the medicines, drugs, and poisons listed in said act; to provide that this act shall not apply to physicians, dentists and veterinarians prescribing or putting up their own prescriptions, nor to prohibit the sale by merchants of home remedies not poison nor to patent or proprietary preparations nor to manufacturers, distributors or dealers selling, compounding or mixing poisons or dusts for agricultural purposes, or to biologics or medicines used by farmers or veterinarians for poultry or live stock, if the United States Pure Food and Drug Act is complied with; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the first paragraph of Section 42-102 of the Code of Georgia of 1933 relating to the duties of the Chief Drug Inspector, as amended by An Act amending Section 42-102 of the Code of Georgia of 1933 relating to the appointment, duties and salary of the Chief Drug Inspector, approved March 24, 1939, and as amended by An Act to amend Title 42, Chapter 42-1 amending Section 42-102 approved March 9, 1945, be amended by inserting after the words manufacturing establishments the words wholesaling establishments and retailing establishments, and by striking from the first paragraph of said Section the words, and particularly any person operating without licenses as required by laws, and by placing a period after the word state in said first paragraph, and by adding to said first paragraph the following additional words: The inspector shall have authority to take up samples of the articles above referred to from

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any of the said establishments for examination and analysis by the State Chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia Board of Pharmacy for the purpose of examination as provided by Section 42-113 of the Code of Georgia of 1933 as amended. The Board of Pharmacy shall have authority to appoint one or more Assistant Drug Inspectors who shall hold office at the pleasure of the Georgia Board of Pharmacy and whose salary shall be fixed by said Board, so that said first paragraph of Section 42-102, as it is set out in Georgia Laws of 1945, pages 421-423, when so amended shall read as follows: Amended 42-102 amended. The Georgia State Board of Pharmacy shall, at the next regular meeting of said Board, appoint a chief drug inspector, who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever said board shall, either at a regular or called meeting, appoint his successor. The salary of the chief drug inspector shall be fixed by the Georgia State Board of Pharmacy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and his duties shall be to visit and inspect manufacturing establishments, wholesaling establishments and retailing establishments, chemical laboratories and such other establishments as manufacture and put up for sale such articles as are known as family remedies, grocers' drugs, flavoring extracts, flavoring essences, toilet articles, bottlers' supplies, stock powders and veterinary remedies; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the secretary of said board any and all violations of any of the drug laws of this State. The inspector shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the State Chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia Board of Pharmacy for the purpose of examination as provided by Section 42-113 of the Code of Georgia of 1933 as amended. The Board of Pharmacy shall have authority to appoint one or more Assistant Drug Inspectors who shall hold

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office at the pleasure of the Georgia Board of Pharmacy and whose salary shall be fixed by said Board. Provided that in no event shall the Board of Pharmacy employ more than two assistant drug inspectors. Chief Drug Inspector appointed by Board. Salary. Duties. Assistant Drug Inspectors. Section 2. That the first paragraph numbered 2, relating to the misbranding of drugs in Section 42-110 of the Code of Georgia of 1933 be amended by inserting in said paragraph numbered 2 after the word acetanilide the words, amytal, luminal, veronal, barital, phenobarbital, diethyl barbituric acid, sulfanilimide, sulfapyridine, sulfathiazol, prontylin, neoprontosil, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drug such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (Benzedrine) or any other preparation containing amphetamine (Benzedrine) or compound thereof; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or any other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, and which are, in the discretion of Georgia State Board of Pharmacy, classified as Dangerous Drugs within the meaning of this Act; by striking the word proportion in the fifth line of said first paragraph numbered 2 and inserting in lieu of said word proportion the word identity, so that that part of Section 42-110, of the Georgia Code, including the first paragraph numbered 2 thereof, relating to drugs, when so amended, shall read as follows: 42-110 amended. 42-110. Application of term `misbranded.'The term `misbranded,' as used herein, shall apply to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such articles, or the ingredients or substances contained therein, which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or Country in which it is manufactured or produced. Misbranding of articles. For the purposes of this Title, an article shall also be deemed to be misbranded. In case of drugs: 1. If it be an imitation of, or offered for sale under the name of, another article.

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2. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package shall fail to bear a statement on the label, in as conspicuous letters as are or may be prescribed by the United States law or rules and regulations, of the quantity or identity of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, amytal, luminal, veronal, barital, phenobarbital, diethyl barbituric acid, sulfanilimide, sulfapyridine, sulfathiazol, prontylin, neoprontosil, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (Benzedrine) or any other preparation containing amphetamine (Benzedrine) or compound thereof; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or other drugs which are now or hereafter declared dangerous by Federal Food and Drug Administration, and which are, in the discretion of the Georgia State Board of Pharmacy, classified as Dangerous Drugs within the meaning of this Act; or any derivative or preparation of any such substances contained therein: Provided, that nothing in this paragrah shall be construed to apply to the filling of written prescriptions, furnished by regularly licensed practicing physicians, and kept on file by druggists as required by law, or as to such preparation as are specified and recognized by the United States Pharmacopoeia or National Formulary. 3. If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article or any of the ingredients or substances contained therein, which is false or fraudulent. Section 3. That Section 1 of An Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs providing certain exemptions, providing for enforcement and penalties for violation thereof, said Act being known as the Dangerous Drug Act and having been approved March 16, 1939, be amended by inserting after the words neo-prontosil the following words: Phenobarital,

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sulfapyridine, sulfathiazol, pyramidon, aminopyrine, atophan, chloral, paraldehyde, abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (Benzedrine) or any other preparation containing amphetamine (Benzedrine) or compound thereof, except that amphetamine (Benzedrine) in inhalers may be sold without prescription provided the amphetamine (Benzedrine) therein has been denatured so as to make it unfit for internal use; hormones synthetic or natural; antifat preparations to include thyroid, thyroxin; or such other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, and which are, in the discretion of the Georgia State Board of Pharmacy, classified as Dangerous Drugs within the meaning of this Act, and by striking the words or any trademarked or copyrighted preparation or compound registered in the United States Patent Office containing more than four (4) grains to the avoirdupois or fluid ounce of the above substances., and by adding at the end of Section 1 of the said Act the following words: The provisions of this Act shall apply to the sale by a manufacturer, wholesaler or retailer, to any person, firm, or corporation other than those legally qualified and authorized to purchase and hold the same for resale in this state, so that Section 1 of the Dangerous Drug Act when so amended shall read as follows: Sec. 1, act of 1939, amended. It shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia amytal, luminal, veronal, barital, acid diethyl barbituric, sulfanilimide, prontylin, neoprontosil, phenobarbital, sulfapyridine, sulfathiazol, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (Benzedrine) or any other preparation containing amphetamine (Benzedrine) or compound thereof, except that amphetamine (Benzedrine) in inhalers may be sold without prescription provided the amphetamine (Benzedrine) therein has been denatured so as to make it unfit for internal use; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or such other drugs which are now or hereafter declared

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dangerous by the Federal Food and Drug Administration, and which are, in the discretion of the Georgia State Board of Pharmacy, classified as `Dangerous Drugs' within the meaning of this Act; or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, in quantities dangerous when taken according to directions, or their salts, derivatives or compounds; except on a prescription of a duly licensed physicians as defined by this Act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. No such prescription shall be refilled except upon the authorization of the physician who prescribed it. The provisions of this Act shall not apply to the sale at wholesale by recognized drug jobbers or wholesalers and drug manufacturers to pharmacists or drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another. The provisions of this Act shall apply to the sale by any manufacturer, wholesaler, or retailer, to any person, firm, or corporation other than those legally qualified and authorized to purchase and hold the same for resale in this state. Prescription required for certain drugs. When Act not to apply. Section 4. That Section 42-701 of the Code of Georgia of 1933 relating to the sale of poisons and the labeling of the bottle or container thereof be amended by striking the following words from Schedule B: savin, ergot, cotton root, cantharides, so that said Section 42-701 when so amended shall read as follows: 42-701 amended. 42-701. Sale of poisons.No person shall furnish, by retail, any poison enumerated in Schedules `A' and `B', as follows, to wit: Sale of poisons. Schedule `A'.Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cynaide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; Schedule `B'.Aconite, belladonna, colchicum, conium,

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nux vomica, hebane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, [Illegible Text] hydrate, sulphate of zinc, mineral acids, carbolic acid, and oxalic acid; Without distinctly labeling the bottle, box, vessel, or paper in which said poison shall be contained, and also the outside wrapper or cover thereof, with the name of the article, the word `Poison,' and the name and place of business of him who furnishes the same; nor unless upon due inquiry it shall be found that the person to whom it shall be delivered shall be aware of its poisonous character, and shall represent that it is to be used for a legitimate purpose. Container to be labeled Poison. Section 5. None of the provisions of this Act or any previous Act shall apply to physicians, dentists and veterinarians prescribing or putting up their own prescriptions and dispensing medicines. This Act shall be construed in the interest of public health, and shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants or preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages; nor shall it apply to manufacturers, distributors or dealers selling, compounding, or mixing for sale poisons, sprays, or dusts commonly used for agricultural purposes on orchards, field crops, gardens, or truck crops, or to biologics, medicines, or remedies or powders used by farmers or veterinarians or others for treatment or prevention of diseases in poultry or livestock, or to remedies or powders used for the destruction of rats, roaches, bugs or other pests, or to Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing bugs, worms, or insects or to any other preparation not intended for human consumption or use on human beings, provided the labels, cartons, and packages containing such preparations which are poisonous have the word Poison printed across the face, and conform to the United States Pure Food and Drug Act. Those other than druggists shall not be required to register under the provisions of this Act. To whom Act not to apply. Construction. Section 5a. Nothing in this Act shall require mixers of, manufacturers of, dealers in or dispensers of any agricultural

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poison, dust, spray, insecticide or fungicide or rodenticide, normally used for agricultural purposes or not intended for human consumption, to conform to the provisions of this Act. Agricultural poisons. Section 6. Be it so enacted by the authority aforesaid that the unconstitutionality of any part of this Act shall not have the effect of invalidating any other part thereof. If part of Act unconstitutional Section 7. Be it so enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1947. MEDICINES, DRUGS AND POISONSBOARD OF PHARMACY. Code, Chapter 84 amended. No. 358 (House Bill No. 185). An Act to amend the following sections of the Code of Georgia, as amended: Section 84-1309 by authorizing the State Board of Pharmacy to adopt rules and regulations; Section 84-1312 by removing the limitation of the number or purposes of the meetings of said board; Section 84-1316 by specifying the grounds and establishing a procedure for revocation, refusal, or suspension of licenses by said board and by creating a right of appeal from its decisions; Section 84-1317 of the Code of Georgia of 1933, relating to who may compound or sell drugs, by providing that the said section shall not apply to physicians, dentists and veterinarians prescribing or putting up their own prescriptions and dispensing medicines nor to merchants selling patent or proprietary preparations when sold only in the original and unbroken packages; and to provide that this Act shall not apply to manufacturers, distributors, or dealers selling, compounding or mixing poisons, sprays, or dusts used for agricultural purposes, or to biologics or remedies used by farmers or veterinarians or others for diseases in poultry or livestock, or to remedies or powders used

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for destruction or rats, bugs, or other pests, or to other preparations not intended for human consumption or use on human beings; Section 84-1318 by prescribing conditions for the compounding of drugs, medicines, or poisons; Section 84-1319 by requiring certain information from and payment of an annual fee by registered pharmacists and by providing a penalty for violation of said section; and to amend Section 84-9920 of the Georgia Code by providing a penalty for violation of any provision of Chapter 84-13 as amended relating to the compounding or vending of medicines, drugs, or poisons; and to amend Section 3 of the Act entitled An Act to prohibit the State Board of Medical Examiners and State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this state to any person who was not born or naturalized in the United States or who is not a citizen of the United States, approved March 23, 1939, by restricting the applicability of the procedure for revocation or cancellation of licenses, to which reference is made in said Act to licenses issued by the State Board of Medical Examiners and to provide a procedure for revocation or cancellation of licenses issued by the State Board of Pharmacy; and to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 84-1309, of the Code of Georgia of 1933 relating to rules and regulations of the Board of Pharmacy, be amended by striking the words, make rules and regulations governing the action of the Board, and to make such other rules and regulations as they deem necessary to carry out the intent and provisions of this Chapter, and substituting the words, adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the laws and constitution of this State and of the United States, as shall, in its judgment, be necessary for the carrying out of the purposes of Chapter 84-13 of the Code of Georgia of 1933. All such rules and

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regulations so made shall be of force and binding upon all persons, so that said Section, when so amended, shall read: 84-1309 amended. The Georgia Board of Pharmacy shall have the power and authority to adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the laws and constitution of this State and of the United States, as shall, in its judgment, be necessary for the carrying out of the purposes of Chapter 84-13, as amended, of the Code of Georgia of 1933, and Chapter 42-1, as amended, of the Code of Georgia of 1933, insofar as it relates to the Georgia Board of Pharmacy, pharmacists and drugs. All such rules and regulations so made shall be of force and binding upon all persons. Rules and regulations of Board of Pharmacy. Section 2. That Section 84-1312 of the Code of Georgia of 1933 relating to meetings of and examinations by the Board of Pharmacy be amended by striking therefrom the words, in no case shall the Board hold more than three meetings annually, and by inserting after the word licenses the words or for other purposes, so that said Section when so amended will read: 84-1312 amended. The said Board of Pharmacy shall meet for examination of applicants for licenses or for other purposes, at such place or places, and at such times, as the Board may decide. Meetings of Board. Section 3. That Section 84-1316 of the Code of Georgia of 1933 relating to the refusal or revocation of licenses by the Board of Pharmacy be amended by striking the word narcotic and substituting therefor the words narcotics or other habit-forming drugs, and by striking the words revoke a license for such cause, or for fraud in its procurement, and by substituting the words: revoke or suspend a license for such cause, or for fraud in its procurement, or for any violation of any of the provisions of this chapter, or for any violation of any rule or regulation of the Georgia Board of Pharmacy made pursuant to Section 84-1309 of the Code of Georgia of 1933. Upon the presentation before the Georgia Board of Pharmacy of any ground above enumerated for revoking, refusing or suspending a license, it shall be the duty of the Board to cause written notices of the time and place of the hearing

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upon the charge preferred, together with a copy of the charge, to be served upon the licentiate or applicant for license, as the case may be, twenty days before hearing. Said Board shall prepare two copies of said written notice and attach to each a copy of the charge preferred, and cause the same to be delivered to the sheriff or his deputy of the county of the residence of the licentiate or applicant for license together with two dollars as a fee for service. Said sheriff or deputy shall within ten days deliver to such licentiate or applicant personally or leave at his most notorious place of abode, one of said notices, with copy of the charge attached, and return the other notice with copy of the charge attached thereto, to said board, together with said officer's return of service thereon. Said licentiate or applicant shall have the privilege of making defense at said hearing, either in person or by attorney, and on application to the Georgia Board of Pharmacy shall be furnished by the Board with a subpoena for any witness in his behalf or for the production of any book, writing, paper, or document to be used in his behalf at said hearing. Said Board shall have the power to compel the attendance of any witness, or the production of any book, writing or other document in the possession, custody or control of any witness or other person, at such hearing of said Board. Any witness or person refusing to produce any such document or to appear or to testify without legal excuse at such hearing of said Board, shall be guilty of contempt, and upon certification of such fact by said Board to the judge of the Superior Court in whose jurisdiction said hearing is held or to be held, the judge shall punish the same as though committed before him. The vote and judgment of three or more members of the said Georgia Board of Pharmacy shall be controlling in all matters. There may be an appeal from the judgment of the Georgia Board of Pharmacy by the person who is refused a license by the Board, or whose license is revoked, or suspended, as the case may be, if dissatisfied with the judgment, to a jury in the Superior Court of the county of his residence, said appeal to be had as in other cases provided by law. The appeal shall be had upon the payment of costs or the making of the affidavit in lieu thereof as provided by law

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in other cases., so that said Section when so amended shall read as follows: 84-1316 amended. The State Board of Pharmacy may refuse to grant a license to any person found guilty of a felony or gross immorality, or who is addicted to the use of alcoholic liquors or narcotics or other habit-forming drugs to such an extent as to render him or her unfit for the practice of pharmacy, and may after due hearing revoke or suspend a license for such cause, or for fraud in its procurement, or for any violation of any of the provisions of this chapter, or for any violation of any rule or regulation of the Georgia Board of Pharmacy made pursuant to Section 84-1309 of the Code of Georgia of 1933. Upon the presentation before the Georgia Board of Pharmacy of any ground above enumerated for revoking, refusing or suspending a license, it shall be the duty of the Board to cause written notices of the time and place of the hearing upon the charge preferred, together with a copy of the charge, to be served upon the licentiate or applicant for license, as the case may be, twenty days before hearing. Said Board shall prepare two copies of said written notice and attach to each a copy of the charge preferred, and cause the same to be delivered to the sheriff or his deputy of the county of the residence of the licentiate or applicant for license together with two dollars as a fee for service. Said sheriff or deputy shall within ten days deliver to such licentiate or applicant personally or leave at his most notorious place of abode, one of said notices, with copy of the charge attached, and return the other notice with copy of the charge attached thereto, to said board, together with said officer's return of service thereon. Said licentiate or applicant shall have the privilege of making defense at said hearing, either in person or by attorney, and on application to the Georgia Board of Pharmacy shall be furnished by the Board with a subpoena for any witness in his behalf or for the production of any book, writing, paper, or document to be used in his behalf at said hearing. Said Board shall have the power to compel the attendance of any witness, or the production of any book, writing or other document in the possession, custody or control of any witness or other

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person, at such hearing of said Board. Any witness or person refusing to produce any such document or to appear or to testify without legal excuse at such hearing of said Board, shall be guilty of contempt, and upon certification of such fact by said Board to the judge of the Superior Court in whose jurisdiction said hearing is held or to be held, the judge shall punish the same as though committed before him. The vote and judgment of three or more members of the said Georgia Board of Pharmacy shall be controlling in all matters. There may be an appeal from the judgment of the Georgia Board of Pharmacy by the person who is refused a license by the Board, or whose license is revoked, or suspended, as the case may be, if dissatisfied with the judgment, to a jury in the Superior Court of the county of his residence, said appeal to be had as in other cases provided by law. The appeal shall be had upon the payment of costs or the making of the affidavit in lieu thereof as provided by law in other cases. Licenses, refusal, revocation. Hearing. Appeal. Section 4. That Section 84-1317 of the Code of Georgia of 1933 relating to who may compound or sell drugs is hereby amended as follows: by inserting after the word except in the third line of said Code Section the following words: it is provided that none of the provisions of this Section shall apply to; by inserting after the word physicians in the seventh line of said Code Section the words, dentists and veterinarians prescribing or; and by striking the words from their own offices in the eighth line of said Code Section; and by striking the word item in the eighth line of said Code Section and inserting in lieu thereof the word section, so that said Code Section 84-1317 when so amended shall read as follows: 84-1317 amended. No person shall engage in the compounding or vending of medicines, drugs, or poisons without full compliance with this Chapter, except it is provided that none of the provisions of this Section shall apply to: (1) such druggists as are exempted from the operation of the law by the statutes of the State, and such druggists as have heretofore obtained a license and are legally authorized by existing laws to compound and vend drugs, poisons, and chemicals; (2) physicians, dentists and veterinarians prescribing or putting up their own prescriptions

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and dispensing medicines. This section shall be construed in the interest of the public health, and shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages, Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing bugs, worms, and insects, provided the labels, cartons, and packages containing such preparations have the word `Poison' printed across the face, and conform to the United States Pure Food and Drug Act; and general merchants other than druggists shall not be required to register under the provisions of this Chapter. Druggists. Physicians, dentists and veterinarians. Construction. Section 5. This Act shall not be construed to prohibit the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages; nor shall it apply to manufacturers, distributors or dealers selling, compounding, or mixing for sale poisons, sprays, or dusts commonly used for agricultural purposes on orchards, field crops, gardens, or truck crops, biologics, medicines, or remedies used by farmers or veterinarians or others for treatment or prevention of diseases in poultry or livestock, or to remedies or powders used for the destruction of rats, roaches, bugs or other pests, Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing bugs, worms, and insects, or any other preparations not intended for human consumption or use on human beings, provided the labels, cartons, and packages containing such preparations which are poisonous have the word `Poison' printed across the face, and conform to the United States Pure Food and Drug Act; and those other than druggists shall not be required to register under the provisions of this Act. Construction. Medicines and poisons enumerated. Section 6. That Section 84-1318 of the Code of Georgia of 1933 relating to the registration of Pharmacists and Druggists be amended by adding thereto the following: No drugs, medicines or poisons intended for human consumption or use on human beings shall be compounded or mixed

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for sale except by a registered pharmacist, or an employee or a person under the immediate supervision of a registered pharmacist. No registered pharmacist shall have more than one drug store or pharmacy under his supervision. The proprietor, owner or manager of any drug store or pharmacy shall have a registered pharmacist present and available in such drug store or pharmacy at all times during which drugs, medicines or poisons are compounded, or mixed, so that said Section when so amended shall read: 84-1318 amended. It shall be unlawful for any proprietor, owner or manager of any drug store or pharmacy to allow any person in his employ except a registered pharmacist to compound or mix any drugs, medicines, or poisons for sale, except an employee under the immediate supervision of a registered pharmacist. No drugs, medicines or poisons intended for human consumption or use on human beings shall be compounded or mixed for sale except by a registered pharmacist, or an employee or person under the immediate supervision of a registered pharmacist. No registered pharmacist shall have more than one drug store or pharmacy under his supervision. The proprietor, owner or manager of any drug store or pharmacy shall have a registered pharmacist present and available in such drug store or pharmacy at all times during which drugs, medicines or poisons are compounded, or mixed. Mixture of drugs, etc., by registered pharmacists. Section 7. That Section 84-1319 of the Code of Georgia of 1933 relating to the registration of Pharmacists be amended by adding thereto the following: Said registration shall show the name and address of the registrant's employer or if he be the owner or proprietor of a drug store or pharmacy it shall show the exact location thereof Notice of any change of employment or change of business address shall be filed with the Joint-Secretary within ten days after such change. Each registrant shall pay an annual registration fee of two dollars to the Joint-Secretary. Any violation of this Section shall be ground for revocation or suspension of license, so that said Section when so amended shall read: 84-1319 amended. Every person who shall be duly licensed under the provisions of this Chapter, shall, annually, before engaging in any business under said license, register in

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the office of the Joint-Secretary, State Examining Boards; said registration shall be entered in a book to be kept for that purpose by said Secretary and shall show the registrant's name, nationality, and credentials and date thereof under which he is entitled to engage in such vocation at the time of filing such registration, and a certificate of such registration, stating the terms of the same, shall be given him by said Secretary. Said registration shall show the name and address of the registrant's employer or if he be the owner or proprietor of a drug store or pharmacy it shall show the exact location thereof. Notice of any change of employment or change of business address shall be filed with the Joint-Secretary within ten days after such change. Each registrant shall pay an annual registration fee of two dollars to the Joint-Secretary. Any violation of this Section shall be ground for revocation or suspension of license. Registration of pharmacists. Section 8. That Section 3 of the Act entitled An Act to prohibit the State Board of Medical Examiners and State Board of Pharmacy Examiners from issuing a license to practice medicine or pharmacy in this State to any person who was not born or naturalized in the United States or who is not a citizen of the United States, and to provide penalties for the violation, approved March 23, 1939, be amended by inserting immediately after the words, The procedure in such revocation or cancellation, the words, of any license issued by the State Board of Medical Examiners, and by adding at the end of said Section the words: The procedure in such revocation or cancellation of any license issued by the State Board of Pharmacy shall be in accordance with the provisions of Section 3 of this Act, so that when so amended the said Section 3 shall read: Sec. 3, act of 1939, amended. Be it further enacted by the authority aforesaid that any license issued to any person in violation of this Act shall be void and the State Board of Medical Examiners and State Board of Pharmacy Examiners shall cancel and revoke such license. The procedure in such revocation or cancellation of any license issued by the State Board of Medical Examiners shall be in accordance with the provisions of Sections 84-916 to 84-922 of the Code of Georgia of 1933 as amended, for the cancellation or revocation of licenses generally. The procedure

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in such revocation or cancellation of any license issued by the State Board of Pharmacy shall be in accordance with the provisions of Section 3 of this Act. Licenses, revocation or cancellation. Section 9. That Section of 84-9920 of the Code of Georgia of 1933 relating to the violation of law relating to Pharmacists be amended by inserting after the word pharmacists the words, and to the compounding or vending of medicines, drugs, or poisons, so that said Section when so amended shall read: 84-9920 amended. Any violation of any provision of Chapter 84-13, relating to the granting of licenses to and the registration of pharmacists, and to the compounding or vending of medicines, drugs, or poisons, shall be a misdemeanor. Violation of provisions. Section 9a. Nothing in this Act shall require mixers of, manufacturers of, dealers in or dispensers of any agricultural poison, dust, spray, insecticide or fungicide or rodenticide normally used for agricultural purposes or not intended for human consumption, to conform to the provisions of this Act. Agricultural poisons. Section 10. Be it so enacted by the authority aforesaid that the unconstitutionality of any part of this Act shall not have the effect of invalidating any other part thereof. If part unconstitutional. Section 11. Be it so enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1947. GEORGIA COASTAL SCENIC HIGHWAY AUTHORITY CREATED. No. 359 (House Bill No. 189). An Act Creating the Georgia Coastal Scenic Highway Authority; authorizing the authority to promote, develop, construct, equip, maintain and operate a Toll Highway in any or all of the counties in the Coastal Highway District of this State; conferring powers and imposing duties on the Authority; authorizing the issuance of revenue

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bonds of the Authority, payable from earnings and revenues, to pay the cost of such project; providing for the collection and for the pledging of revenues and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the project; authorizing the execution of Trust Indentures to secure the payment of such bonds and defining the rights of the holders of such bonds; providing that no debt of the State or its subdivisions 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 vanue of jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; providing for the separate enactment of each provision of this Act; and repealing all laws and parts of laws in conflict with the provisions of this Act, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Short Title. This Act may be cited as the Scenic Highway Authority Act. Short title. Section 2. Scenic Highway Authority. There is hereby created a body corporate and politic to be known as the Scenic Highway Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist originally of nine members. The Commissioners of Roads and Revenues of the counties of Camden, Glynn and McIntosh shall each select three members of the said Authority from among the citizens of their county. If any other counties should desire to participate in the work of this Authority as hereinafter authorized, such county or counties shall be entitled to name three members to the Authority and thereupon the number of its members shall be increased accordingly. The term of each member shall be for six years and until his successor is elected and qualifies. Their successors

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shall be appointed for like terms, except that any person appointed to fill a vacancy shall serve only for the unexpired term, and any member of the Authority shall be eligible for reappointment. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and another as Vice-Chairman and shall also elect a Secretary and Treasurer who need not necessarily be a member of the Authority. A majority of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members, or to its officers, agents and employees such powers and duties as it may deem proper. Said Authority shall have perpetual existence. Authority created. Membership. Terms of members. Officers. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the Scenic Highway Authority created by Section 2 of this Act. Definitions. (b) The word project shall be deemed to include roads, bridges, highways, ferries, causeways and any and all facilities needful for the convenient use of the same in the aid of travel and commerce, wayside parks, parkways and roadside beautification. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchise acquired, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administration expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in

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operation, and the condemnation of property necessary for such construction and operation. (d) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of constructing, maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project. Section 4. Powers of Authority. The Authority shall have powers: Powers. (1) to have a seal and alter the same at pleasure; (2) to acquire, hold and dispose of personal property for its corporate purposes; (3) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the subject to the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full; and if the Authority shall deem it expedient to construct any project on lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasurer for the credit of the sinking fund of the State of the

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reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; (4) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (5) to make contracts, and to execute all instruments necessary or convenient including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; (6) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove defined to be located on property owned by the Authority, the cost of any such project to be paid from the proceeds and any grant from the United States of America or any agency or instrumentality thereof, or any other funds of the Authority; (7) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this State; (10) to do all things necessary or convenient to carry out the powers expressly given in this Act; (11) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any matter coming within the purposes or powers of the Authority; (12) to adopt, alter or repeal its own bylaws, rules

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and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business; (13) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this section mentioned; (14) to receive gifts, donations or contributions from any person, firm or corporation; and (15) to contract with any municipality or county for the leasing, operation or management of real or personal property in or adjacent to any project as defined herein; (16) to foster and stimulate travel and use of projects constructed hereunder; (17) to own, lease and operate boats, ferries and any and every kind of character of motive power and conveyances or appliances necessary or proper to carry in, on or around its projects; and (18) to do any other things necessary or proper to foster or encourage the use of the coast of Georgia for travel, recreation and commerce. Section 5. Revenue Bonds. The Authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the Authority, in such sum or sums as it may deem proper, for the purpose of paying all or any part of the cost as hereinabove defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding six per cent per annum, payable semi-annually, shall mature at such time or times as the Authority may determine at the time of issue, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. The Authority shall

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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 or payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasury of the Authority and any coupons attached thereto shall bear the facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bond shall be duly authorized or hold the proper office, although at the date of such bond such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provisons 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 interests on the money received therefor at more than five per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond value excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity, the proceeds of such bonds shall be used solely for the payment of the cost of the projects,

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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 for the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Revenue bonds. Section 6. Credit of State Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State nor of any of its subdivisions but such bonds shall be payable solely from the

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funds hereinafter provided therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the State or any of its subdivisions to levy or to pledge any form of taxation whatever therefor from earnings, and the issuance of such revenue bonds shall not directly or indirectly or contingently obligate the State or any of its subdivisions to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment. Neither the State, its subdivisions nor the Authority shall be obligated to pay the principal of or the interest on such revenue bonds except from earnings of the project or projects for which they shall be issued. All such revenue bonds shall contain recitals on their face covering the foregoing provisions of this section. Credit of State not pledged. Section 7. Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue and earnings, shall be deemed to be trust funds, to be held and applied solely as provided in this Act. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Trust funds. Section 8. Trust Indenture. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign revenue and earnings to be received. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond-holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property,

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the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such identifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project or projects affected by such indenture. Trust indentures. Section 9. Revenues and Earnings. The Authority is hereby authorized to fix and to revise from time to time tolls, fees and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same from any person, firm or corporation using any project or part thereof. Such tolls, fees and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bond is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of new construction of projects, (b) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless

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such cost shall be otherwise provided for, and (c) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and dispositions of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except, as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Tolls, fees, and other charges. Use of proceeds. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such project, and to impose tolls, fees and other charges for the use of the facilities furnished by such project and to collect the same from all persons, firms or corporations using the same. Rules, regulations, etc. Section 10. Remedies. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the

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

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Section 13. Legal Investment and Security for Deposits. The bonds are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investment and security for deposits. Section 14. Governmental Function. It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act and this State covenants with the holders of the bond that the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Functions governmental. Section 15. Limitation of Actions. Upon the passage of a resolution providing for the issuance of revenue bonds under the provisions of this Act, the Authority may, in its discretion, cause to be published once in each of two

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consecutive weeks in at least one newspaper published and having a general circulation in the City of Brunswick, a notice in substantially the following form (the blanks being first properly filled in): Limitation of actions. The Scenic Highway Authority on the.....day of....., 19....., passed a resolution providing for the issuance of $..... Revenue Bonds of the Authority for the purpose of financing the construction of....., such Revenue Bonds being payable solely from the revenues of such project. Any action or proceeding questioning the validity of said resolution or said Revenue Bonds must be commenced within twenty days after the first publication of this notice. ..... Chairman of the Scenic Highway Authority. Any action or proceeding in any court to set aside a resolution providing for the issuance of revenue bonds under the provisions of this Act or to contest the validity of any such revenue bonds or of the trust indenture, if any, to the same, must be commenced within twenty days after the first publication of the above mentioned notice. After the expiration of such period of limitation, no right of action defense founded upon the validity of the resolution or the trust indenture, if any, or of the revenue bonds, shall be asserted, nor shall the validity of such resolution, trust indenture or bonds be open to question in any court upon any ground whatever, except in an action or proceeding commenced within such period. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Glynn Superior Court, which shall have exclusive original jurisdiction of such action. Section 16. Powers Not Impaired. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created

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which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Powers not impaired if any bonds outstanding. Section 17. Act Liberally Construed. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Construction of Act. Section 18. Constitutional Construction. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Provisions severable. Section 19. Alternative Method. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. Provisions cumulative. Section 20. Counties to Locate Road. The Commissioners of Roads and Revenues or other governing authority of each county participating in the Authority shall determine the location of the Scenic Highway within the limits of their respective county, after advising with the Authority. Location of Highway. Section 21. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1947. TEACHERS' RETIREMENT SYSTEM AMENDED. No. 360 (House Bill No. 197). An Act to amend an Act approved March 19, 1943 (Acts 1943, pp. 640-670) entitled an Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools;

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to determine Membership and conditions of Membership in said system, etc., by adding at the end of paragraph 2 of Section 3 of said Act a proviso so as to include in the membership of said system teachers who are 60 years of age and who have retired prior to the effective date of this Act, and who have rendered services in the common schools and educational institutions financed by the State for a period of 35 years and to provide for the computation of benefits to such teachers on the basis of the average amount of earnings during the last five years of service; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That an Act approved March 19, 1943 (Acts 1943, pp. 640-670) entitled an Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system, etc., be and the same is hereby amended by adding at the end of paragraph 2 of Section 3 of said Act the following: Par. 2, sec. 3, act of 1943, amended. Provided, that any teacher now in life, who has reached the age of 60, who has taught in the common schools of the State, operated by the State Department of Education, or any of the State educational institutions financed by the State of Georgia, for a period of 35 years, and who retired from service in such schools or educational institutions prior to the time this Act became effective, shall be deemed a member of the retirement system. Benefits to be paid to such a member shall be computed on the average earnings received by such a member for the last five years of actual services rendered in such schools and educational institutions, so that said paragraph 2 of Section 3 of said Act when so amended shall read as follows: (2) Any person who was a teacher on January 1, 1943, or becomes a teacher prior to January 1, 1944, shall become a member unless prior to January 1, 1944, he files with the Board of Trustees on a form provided by the Board a notice of his election not to be included in the membership of the system and a duly executed

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waiver of all present and prospective benefits which would otherwise accrue to him by participating in the system. Such a teacher who elects not to become a member may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1943, and prior to the time he becomes a member, and without prior service credit. Provided, that any teacher now in life, who has reached the age of 60, who has taught in the common schools of the State, operated by the State Department of Education, or any of the State educational institutions financed by the State of Georgia, for a period of 35 years, and who retired from service in such schools or educational institutions prior to the time this Act became effective, shall be deemed a member of the retirement system. Benefits to be paid to such a member shall be computed on the average earnings received by such a member for the last five years of actual services rendered in such schools and educational institutions. To read. Members of system. Section 2. That all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 28, 1947. INSURANCE COMPANIESINVESTMENT OF ASSETS IN REAL ESTATE. No. 361 (House Bill No. 212). An Act To authorize every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the investments in such property not to exceed five per cent. (5%) of its total assets, and to be in addition to any and all other investments authorized by law, to prescribe the terms and conditions of such investments, 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 every insurance company organized and

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doing business by virtue of the laws of this state shall have authority, in addition to all other investments authorized by law, to invest assets in real estate acquired for the purpose of leasing the same to any person for a period of not less than twenty years, or in real estate already leased for an unexpired period of not less than fifteen years of an original period of not less than twenty years, under the following terms and conditions: (1) that the lessee shall at his own cost erect, or that there has already been erected, thereon free of liens a building or other improvements costing an amount at least equal to the value of the said real estate exclusive of improvements; but if the lease be entered into simultaneously with the purchase of the real estate, the lessor may agree to erect such improvements on such real estate; (2) that the said improvements shall remain on the said property during the period of the lease, with provision when such improvements are put upon the said property at the cost of the lessee that at the termination of the lease the ownership of such improvements free of liens shall vest in the owner of the real estate; (3) that the lessee shall during the term of the lease, or the unexpired period of the lease if the property be bought subject to the lease, pay to the owner of the real estate rent in such amount as will enable the owner to amortize the said investment according to a standard amortization table then in use at or before the end of forty (40) years should the lease, or the unexpired period of the lease, be for a longer period than forty (40) years; and (4) that during the term of the lease the tenant shall pay all taxes and assessments levied on or against the said real estate, including improvements, shall keep and maintain the said improvements in good repair and shall provide and maintain for the benefit of the lessor fire insurance on such improvements at least equal to the insurable value of the improvements, or at least equal to the amount invested by the lessor in such real estate, whichever is less. Real estate acquired pursuant to the provisions of this Act shall not be treated as an investment hereunder unless and until the improvements herein required shall have been constructed and the lease agreement entered into in accordance with the terms of this Act; but if the lessee be a corporation the bonds, debentures,

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notes or preferred stock of which are eligible as investments under the law of Georgia, the requirements of this Act as to the erection of improvements by the lessee, the cost of such improvements and the vesting of ownership of such improvements in the owner of the real estate shall not be applicable. Investment of assets in real estate for renting or leasing authorized. Section 2. Be it further enacted by authority of same, that real estate acquired under authority of this Act shall not be treated as an admitted asset in an amount in excess of the actual investment reduced each year by decrements out of the income from said property sufficient to write off completely, based on standard amortization tables in general use, the investment at the normal termination of the lease or at the end of forty (40) years should the term of the lease, or the unexpired period of the lease, be for a longer period than forty (40) years. Such real estate not to be treated as admitted asset. Be it further enacted by authority of same that the total investments of any company under this Act shall not exceed five (5%) per centum of its assets. No investment shall be made by any company pursuant to this Act which will cause such company's investment in all real property owned by it to exceed twenty-five (25%) per centum of its assets or when all real property owned by such company equals or exceeds twenty-five (25%) per centum of its assets. Limitation of amount of investment. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be, and they are hereby, repealed. Approved March 28, 1947. INSURANCE COMPANIESBOARD OF DIRECTORS. Code 56-208 amended. No. 362 (House Bill No. 213). An Act to Amend Section 56-208 of the Code of Georgia adopted in 1933 as amended by An Act of the General Assembly of 1945, Georgia Laws 459 to 462, inclusive, entitled An Act to amend Code Section 56-208 relating

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to organization of boards and directors of insurance companies by striking the words, `nor more than Fifteen (15)' and inserting in lieu thereof, `and as many additional as may be provided by the bylaws of such companies,' and for other purposes, by striking the words, from their number, 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 Code Section 56-208 as amended by Georgia Laws 1945, pages 459-462, which reads as follows: When the amount of the capital stock shall have been subscribed, the person named in said certificate may call a meeting of the stockholders for the purpose of organization, of which meeting every subscribing stockholder shall have ten (10) days' notice personally, or by notice deposited in the post office, postage paid, directed to him at the post office nearest his usual place of residence. At said meeting there shall be elected a board of directors of not less than five (5), and as many additional as may be provided by the bylaws of such companies, to manage the affairs of said company, said directors to be chosen by a majority vote of the stockholders, each share of stock being entitled to one vote; said election to be governed by such bylaws as said company may adopt; the persons elected as directors to continue in office until others shall be elected to fill their places. Amended 56-208 amended. No person shall be elected a director unless he shall be a stockholder, owning stock in his own name, or as trustee, or personal representative and qualified to vote at the election at which he is chosen. If for any reason the election shall not be held at the time appointed, the same may be held at any time thereafter on ten (10) days' notice to all stockholders; but at any meeting of the stockholders or their legal representatives, the notice may be waived, and an election held at once. The directors shall elect from their number a president, vice president, or vice presidents, secretary and treasurer, and such other officers and agents as they may deem necessary. The regular elections for directors shall be held annually, at such time and place as may be prescribed in the bylaws of said company. All meetings

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of directors of said company shall be held in this State. A majority of said directors shall be bona fide residents of Georgia, be, and the same is, hereby amended, by striking therefrom the words, from their number, so that said Section, as amended, will read as follows: When the amount of the capital stock shall have been subscribed, the person named in said certificate may call a meeting of the stockholders for the purpose of organization, of which meeting every subscribing stockholder shall have ten (10) days' notice personally, or by notice deposited in the post office, postage paid, directed to him at the post office nearest his usual place of residence. At said meeting there shall be elected a board of directors of not less than five (5), and as many additional as may be provided by the bylaws of such companies, to manage the affairs of said company, said directors to be chosen by a majority vote of the stockholders, each share of stock being entitled to one vote; said election to be governed by such bylaws as said company may adopt; the persons elected as directors to continue in office until others shall be elected to fill their places. No person shall be elected a director unless he shall be a stockholder, owning stock in his own name, or as trustee, or personal representative and qualified to vote at the election at which he is chosen. If for any reason the election shall not be held at the time appointed, the same may be held at any time thereafter on ten (10) days' notice to all stockholders; but at any meeting of the stockholders or their legal representatives, the notice may be waived, and an election held at once. The directors shall elect a president, vice president, or vice presidents, secretary and treasurer, and such other officers and agents as they may deem necessary. The regular elections for directors shall be held annually, at such time and place as may be prescribed in the bylaws of said company. All meetings of directors of said company shall be held in this State. A majority of said directors shall be bona fide residents of Georgia. To read. Organization. Board of directors. Section II. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 28, 1947.

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HOME RULE FOR CERTAIN COUNTIESELECTIONSINITIATIVE, REFERENDUM, AND RECALL. No. 363 (House Bill No. 214). An Act to provide for Home Rule for Counties having populations of between 9,180 and 9,185, and all Counties having a population of between 16,950 and 16,955, and Counties having a population of between 6435 and 6440 and Counties having a population between 11135 and 11140, according to the 1940 census of the United States of America, electing to come under this Act; to establish optional systems of county government for the several counties; to provide for the procedure for establishing such optional systems of county government; to prescribe, limit, or enlarge the powers of county authorities; to provide for initiative, referendum, and recall for the several counties; and for other purposes. Whereas, Paragraph 1, Section 1, of Article XV of the Constitution of Georgia, approved August 7, 1945, provides: Counties affected. The General Assembly shall provide for uniform systems of county and municipal government, and provide for optional plans of both, and shall provide for systems of initiative, referendum and recall in some of the plans for both county and municipal governments. The General Assembly shall provide a method by which a county or municipality may select one of the optional uniform systems or plans or reject any or all proposed systems or plans. Reference to Constitution, par. 1, sec. 1, art. XV. Therefore, 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. That this Act may be cited as the County Home Rule Law of 1947. Title for citation. Section 2. That the purpose of this Act is to (1) provide for autonomous government for the several counties, upon certain qualifications and conditions; (2) provide for the selection by the several counties of optional systems

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of government; (3) prescribe methods of declaring the governmental policies to be followed by the county authorities or otherwise limiting or enlarging their powers; and (4) provide for systems of initiative, referendum, and recall. Purpose of Act. Section 3. That upon a petition of not less than ten (10) per centum of the voters of a county, qualified to vote in the General Election next immediately preceding the filing of such petition, filed with the Ordinary of such county, said Ordinary shall call an election in said county, for the purpose of submitting to the electorate of such county any issue or matter contained in such petition, not less than forty-five (45) nor more than sixty (60) days from the filing with him of such petition; provided, however, if a regular General Election shall occur within ninety (90) days from the time of the filing of such petition, then and in that event any such issue or matter contained in such petition shall be submitted to the electorate at such regular General Election. At the first election held hereunder, the first question to be submitted to the electorate shall be substantially as follows: Petition to Ordinary. Election. First question to be submitted. Shall this county come under the County Home Rule Law of 1947? If a majority of those voting shall cast their ballots in the affirmative, then such county shall be deemed as operative under this Act; otherwise, if a majority of those voting shall cast their ballots in the negative; however, nothing contained herein shall be construed as preventing other elections at later dates, in compliance with the terms of this Act, for the purpose of again submitting such issue or matter to the same electorate, if such issue or matter be at first rejected; neither shall it be construed that a county once voting to come under this Act cannot thereafter vote to repudiate the same; and there shall be no limitations on the number of acceptances or rejections by a county of this Act. Other elections. Subsequent County action. (a) No election shall be held unless the official holding same shall publish the purpose, date, polling places and hours of such election once a week for four weeks next immediately preceding such election in a Gazette in which Sheriffs' advertisements are carried in such counties. Publication.

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Section 4. That at the first election held hereunder, or at any subsequent election, the electorate may pass upon any issue or matter contained in any petition filed with the Ordinary if such petition shall contain the sufficient number of qualified voters as set forth in Section 3 hereof, the sufficiency thereof being left to said Ordinary's discretion, which said petition may contain such issues or matters as the type of county government to obtain in such county; the number of commissioners, managers, or other officials; the creating, consolidating, or abolishing of offices; the declaration of policies, whether governmental or ministerial, so that such electorate may specify what such officials can or cannot do as the governing authorities of such county, prescribing, limiting, or enlarging their powers; or such other issue or matter as might be deemed meet and proper by those voters initiating such referendum election or recall. Form and procedure of petition; matters for vote. Section 5. That at any election held pursuant to and under this Act any issue or matter of initiative may be submitted to the electorate, as aforesaid, in such referendum election, and any official of such county wherein such election is held may be recalled from office for malfeasance, misfeasance, or nonfeasance in office, as herein set forth, provided, however, no official may be recalled unless the initiating petition contains at least twenty-five per cent (25%) of the voters of such county, qualified to vote in the General Election next immediately preceding such recall election; and provided further that no official may be recalled unless at least two-thirds (2/3) of those electors participating in such election shall cast their ballots favoring such recall; and provided further that not more than one official may be recalled at any one election; and provided further that no other issue or matter shall be submitted to the electorate at such recall election; and provided further that said recall petition shall contain specifications of alleged charges against such official sought to be recalled. What issues may be submitted. Referendum, recall; initiating petition. Recall; votes; no other matter. (a) At such recall election the ballot shall be substantially as follows: Ballot. For the recall of , holding the office of . Against the recall of , holding the office of .

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(b) If such official be recalled at such election his successor shall be named as now provided by law. Successor after recall. Section 6. That in the event the Ordinary is the official sought to be recalled by such petition, or whose official actions are sought to be prescribed or limited, the Judge of the Superior Court of the county wherein such election is sought shall appoint some other official of said county to perform the duties devolving upon Ordinaries as set forth in this Act and such official so designated shall accept such petition, file same, call an election, consolidate and declare the results, and receive the fees otherwise going to such Ordinary for holding such election. Recall of Ordinary. Section 7. That the returns of any election held pursuant to and under this Act shall be consolidated and declared by the Ordinary on the day following such election, unless it be a Sunday, and if a Sunday, then on the day following, and he shall pass an order declaring the result of such election and enter same upon the Minutes of his office. Returns of election; procedure as to result. Section 8. That the result of such election held pursuant to and under this Act shall become operative in the county holding such election within thirty (30) days after such election. When result operative. Section 9. After the first election held hereunder, no other election pursuant to and under this Act shall be held in the same county until a lapse of six (6) months from the time of holding the election next immediately preceding the election sought to be held. Time between elections. Section 10. That the Ordinary, or other official holding such election pursuant to and under this Act, shall receive for his services to be paid by the county out of county funds the sum of Fifty ($50.00) Dollars, exclusive of the necessary expenses incident to holding such election. Compensation, Ordinary or other official. Section 10-A. Provided, however, this Act shall apply only to those counties having populations of between 9,180 and 9,185, according to the 1940 Census of the United States of America. Counties where applicable. Section 10-B. Should any Court hold that any County not between the population maximum and minimum as set forth in Section 10-A is subject to this Act, then the entire Act shall become ipso facto null and void. What decision will render entire Act void.

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Section 11. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 28, 1947. PARKING MOTOR VEHICLES ON STATE-AID ROADSAMENDMENT. No. 364 (House Bill No. 238). An Act to amend an Act approved March 28, 1935, entitled An Act to regulate parking motor vehicles and other vehicles on the State-Aid roads, etc., so as to provide that it shall not apply to certain traffic stops and to certain stops made by passenger vehicles; and for 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 1 of the Act of the General Assembly of Georgia, approved March 28, 1935 (Acts of 1935, p. 443) entitled An Act to Regulate Parking Motor Vehicles and Other Vehicles on the State-Aid Roads, etc. is hereby amended by adding to the end thereof the following provisos: Sec. 1, act of 1935, amended. New provisos. Provided that the provisions of this section shall not apply to temporary stops made as a normal and reasonable incident to traffic conditions existing at the time; and Temporary stops. Provided further that the provisions of this section shall not apply to any passenger vehicle while parked or stopped for the purpose of taking on or discharging passengers, where such vehicle is operated under a certificate of public convenience and necessity or intrastate registration permit issued by the Georgia Public Service Commission authorizing the operation of such vehicle upon the roads and highways, if the width of the road and character of the shoulders at said point make it impractical to comply with the foregoing provisions, and if the view of said vehicle at the time is not obstructed by any terrain features for a distance of two hundred

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(200) feet in each direction upon said road or highway. Stopping to take on or discharge passengers. Section 2. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 3. This Act shall take effect immediately upon its approval by the Governor. Date effective. Approved March 28, 1947. CASUALTY, ETC., INSURANCE RATES; FIDELITY, ETC., BONDSRATE MAKING AND OTHER REGULATIONSPOWERS OF INSURANCE COMMISSIONER. Code 56-21856-221. 114-609 repealed. No. 365 (House Bill No. 243). An Act relating to the regulation of rates for casualty insurance including fidelity, surety and guaranty bonds, and for all other forms of motor vehicle insurance; to provide for the making of rates, rate filings, disapproval of rates, licensing of rating organizations, deviations, appeals by members or subscribers of rating organizations and information to be furnished insureds; to provide for hearings and appeals by insureds; to provide for regulation and examination of rating organizations, advisory organizations and joint underwriting or joint reinsurance; to regulate agreemtns concerning assigned risks; to prohibit rebates and to provide for penalties; to provide for hearing procedure and judicial review; to make Sections 56-218 to 56-221, inclusive, Georgia Code of 1933, inapplicable thereto, and to repeal Section 114-609, Georgia Code of 1933, and all acts in conflict with this Act. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: SECTION 1. PURPOSE OF ACT. The purpose of this Act is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or

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unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this Act. Nothing in this Act is intended (1) to prohibit or discourage reasonable competition, or (2) to prohibit, or encourage except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans or practices. This Act shall be liberally interpreted to carry into effect the provisions of this Section. Purpose of Act. Construction. SECTION 2. SCOPE OF ACT. This Act applies to casualty insurance, including fidelity, surety and guaranty bonds, and to all other forms of motor vehicle insurance, on risks or operations in this state, except: Scope; insurance and bonds included. (a) reinsurance, other than joint reinsurance to the extent stated in Section 11; (b) accident and health insurance; (c) insurance against loss of or damage to aircraft or against liability, arising out of the ownership, maintenance or use of aircraft; (d) workmen's compensation insurance. Provided however, that the filings required by chapter 114-6, Section 114-609, may be made in behalf of any carrier of workmen's compensation insurance by a rating organization licensed in accordance with the provisions of Section 6 of this Act. This Act shall apply, notwithstanding the provisions of Section 56-1425, Georgia Code of 1933, to all insurers, including stock and mutual companies, Lloyds' associations and reciprocal and inter-insurance exchanges which, under any provisions of the laws of this state, write any of the kinds of insurance to which this Act applies. Code 56-1425 inapplicable. If any kind of insurance, subdivision or combination thereof, or type of coverage, subject to this Act, is also subject to regulation by another rate regulatory act of this state, and insurer to which both acts are otherwise applicable shall file with the commissioner of insurance, hereinafter referred to as commissioner, a designation as

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to which rate regulatory act shall be applicable to it with respect to such kind of insurance, subdivision or combination thereof, or type of coverage. SECTION 3. MAKING OF RATES. (a) All rates shall be made in accordance with the following provisions: Rate making. 1. Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, to past and prospective expenses both countrywide and those specially applicable to this state, and to all other relevant factors within and outside this state; Factors to be considered. 2. The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable; Expense provisions. 3. Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses; Risks, classification, standards. 4. Rates shall not be excessive, inadequate or unfairly discriminatory. Certain rates prohibited. (b) Except to the extent necessary to meet the provisions of subdivision 4 of subsection (a) of this Section, uniformity among insurers in any matters within the scope of this Section is neither required nor prohibited. What uniformity. SECTION 4. RATE FILINGS. (a) Every insurer shall file with the

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commissioner every manual of classifications, rules and rates, every rating plan and every modification of any of the foregoing which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. When a filing is not accompanied by the information upon which the insurer supports such filing, and the Commissioner does not have sufficient information to determine whether such filing meets the requirements of the Act, he shall require such insurer to furnish the information upon which it supports such filing and in such event the waiting period shall commence as of the date such information is furnished. The information furnished in support of a filing may include Filing rates with Commissioner of Insurance. (1) The experience or judgment of the insurer or rating organization making the filing, Information. (2) Its interpretation of any statistical data it relies upon, (3) The experience of other insurers or rating organizations, or (4) Any other relevant factors. A filing and any supporting information shall be open to public inspection after the filing becomes effective. Public inspection. (b) An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings, and by authorizing the commissioner to accept such filings on its behalf; provided, that nothing contained in this Act shall be construed as requiring any insurer to become a member of or a subscriber of any rating organization. Filing by Rating Organization. (c) The commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this Act. Other provisions as to filing. (d) Subject to the exception specified in subsection (e) of this Section, each filing shall be on file for a waiting period of fifteen days before it becomes effective, which period may be extended by the commissioner for an additional period not to exceed fifteen days if he gives written notice within such waiting period to the insurer or rating

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organization which made the filing that he needs such additional time for the consideration of such filing. Upon written application by such insurer or rating organization, the commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period of any extension thereof. A filing shall be deemed to meet the requirements of this Act unless disapproved by the commissioner within the waiting period or any extension thereof. (e) Any special filing with respect to a surety or guaranty bond required by law or by court or executive order or by order, rule or regulation of a public body, not covered by a previous filing, shall become effective when filed and shall be deemed to meet the requirements of this Act until such time as the commissioner reviews the filing and so long thereafter as the filing remains in effect. (f) Under such rules and regulations as he shall adopt the commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby. The commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the standards set forth in subdivision 4 of subsection (a) of Section 3. (g) Upon the written application of the insured, stating his reasons therefor, filed with and approved by the commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk. (h) Beginning ninety days after the effective date of this Act no insurer shall make or issue a contract or policy except in accordance with filings which are in effect for said insurer as provided in this Act or in accordance with subsections (f) or (g) of this Section. SECTION 5. DISAPPROVAL OF FILINGS. (a) If within the waiting period or any extension thereof as provided in subsection

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section (d) of Section 4, the commissioner finds that a filing does not meet the requirements of this Act, he shall send to the insurer or rating organization which made such filing written notice of disapproval of such filing specifying therein in what respects he finds such filing fails to meet the requirements of this Act and stating that such filing shall not become effective. Commissioner's disapproval of filings. Procedure. (b) If within thirty days after a special surety or guaranty filing subject to subsection (e) of Section 4 has become effective, the commissioner finds that such filing does not meet the requirements of this Act, he shall send to the insurer or rating organization which made such filing written notice of disapproval of such filing specifying therein in what respects he finds that such filing fails to meet the requirements of this Act and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Said disapproval shall not affect any contract made or issued prior to the expiration of the period set forth in said notice. (c) If at any time subsequent to the applicable review period provided for in subsection (a) or (b) of this Section, the commissioner finds that a filing does not meet the requirements of this Act, he shall, after a hearing held upon not less than ten days' written notice, specifying the matters to be considered at such hearing, to every insurer and rating organization which made such filing, issue an order specifying in what respects he finds that such filing fails to meet the requirements of this Act, and stating when, within a reasonable period thereafter, such filings shall be deemed no longer effective. Copies of said order shall be sent to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order. (d) Any person or organization aggrieved with respect to any filing which is in effect may make written application to the commissioner for a hearing thereon, provided, however, that the insurer or rating organization that made the filing shall not be authorized to proceed under this subsection. Such application shall specify the grounds to be relied upon by the applicant. If the commissioner shall

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find that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within thirty days after receipt of such application, hold a hearing upon not less than ten days' written notice to the applicant and to every insurer and rating organization which made such filing. (e) No Manual of classifications, rules, rating plan, or any modification of any of the foregoing which establishes standards for measuring variations in hazards or expense provisions, or both and which has been filed pursuant to the requirements of Section 4 of this Act shall be disapproved if the rates thereby produced meet the requirements of this Act. If, after such hearing, the commissioner finds that the filing does not meet the requirements of this Act, he shall issue an order specifying in what respects he finds that such filing fails to meet the requirements of this Act, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to the applicant and to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order. SECTION 6. RATING ORGANIZATIONS. (a) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may make application to the commissioner for license as a rating organization for such kinds of insurance or subdivisions thereof as are specified in its application and shall file therewith (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its bylaws rules and regulations governing the conduct of its business, (2) a list of its members and subscribers, (3) the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting such rating organization may be served and (4) a statement of its qualifications as a rating organization. If the commissioner finds that the applicant is

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competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business conform to the requirements of law, he shall issue a license specifying the kinds of insurance or subdivisions thereof for which the applicant is authorized to act as a rating organization. Every such application shall be granted or denied in whole or in part by the commissioner within sixty days of the date of its filing with him. Licenses issued pursuant to this Section shall remain in effect for three years unless sooner suspended or revoked by the commissioner. The fee for said license shall be one hundred twenty-five dollars and said fee shall be in lieu of all other fees, licenses or taxes to which a rating organization might otherwise be subject. Licenses issued pursuant to this Section may be suspended or revoked by the commissioner, after hearing upon notice, in the event the rating organization ceases to meet the requirements of this subsection. Every rating organization shall notify the commissioner promptly of every change in (1) its constitution, its articles of agreement or association or its certificate of incorporation and its bylaws rules and regulations governing the conduct of its business, (2) its list of members and subscribers and (3) the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such rating organization may be served. Rating Organizations. Commissioner's authority. Procedure. (b) Subject to rules and regulations which have been approved by the commissioner as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any kind of insurance or subdivision thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers. Each rating organization shall furnish its rating services without discrimination to its members and subscribers. The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request of any subscriber or any such insurer, be reviewed by the commissioner at a hearing held upon at least ten days'

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written notice to such rating organization and to such subscriber or insurer. If the commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer's application for subscribership within thirty days after it was made, the insurer may request a review by the commissioner as if the application had been rejected. If the commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, he shall order the rating organization to admit the insurer as a subscriber. If he finds that the action of the rating organization was justified, he shall make an order affirming its action. (c) No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. (d) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this Act is hereby authorized, provided the filings resulting from such cooperation are subject to all the provisions of this Act which are applicable to filings generally. The commissioner may review such cooperative activities and practices and if, after a hearing, he finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, and requiring the discontinuance of such activity or practice. SECTION 7. DEVIATIONS. Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the commissioner for permission to file a uniform percentage decrease or increase

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to be applied to the premiums produced by the rating system so filed for a kind of insurance, or for a class of insurance which is found by the commissioner to be a proper rating unit for the application of such uniform percentage decrease or increase, or for a subdivision of a kind of insurance (1) comprised of a group of manual classifications which is treated as a separate unit for rate making purposes, or (2) for which separate expense provisions are included in the filings of the rating organization. Such application shall specify the basis for the modification and shall be accompanied by the data upon which the applicant relies. A copy of the application and data shall be sent simultaneously to such rating organization. The commissioner shall set a time and place for a hearing at which the insurer and such rating organization may be heard and shall give them not less than ten days' written notice thereof. In the event the commissioner is advised by the rating organization that it does not desire a hearing he may, upon the consent of the applicant, waive such hearing. The commissioner shall issue an order permitting the modification for such insurer to be filed if he finds it to be justified and it shall thereupon become effective. He shall issue an order denying such application if he finds that the modification is not justified or that the resulting premiums would be excessive, inadequate or unfairly discriminatory. Each deviation permitted to be filed shall be effective for a period of one year from the date of such permission unless terminated sooner with the approval of the commissioner. Deviations from Filings by Rating Organization. Procedure. SECTION 8. APPEAL BY MINORITY. Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the commissioner shall, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization

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in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order. Appeal to Commissioner by member or subscriber. Procedure. If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in subdivision 2 of subsection (a) of Section 3, from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the commissioner shall apply the standards set forth in Section 3. SECTION 9. INFORMATION TO BE FURNISHED INSUREDS; HEARINGS AND APPEALS OF INSUREDS. Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charges as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate. Rights of insureds; information, hearings, appeals. Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by his authorized representative, on his written request to review the manner in which such rating system has been applied in connection with the insurance afforded him. If the rating organization or insurer fails to grant or reject such request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such rating organization or such insurer on such request may, within thirty days after written notice of such action, appeal to the commissioner, who, after a hearing held upon not

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less than ten days' written notice to the appellant and to such rating organization or insurer, may affirm or reverse such action. SECTION 10. ADVISORY ORGANIZATION. (a) Every group, association or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this Act, shall be known as an advisory organization. Advisory Organizations. (b) Every advisory organization shall file with the commissioner (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its activities, (2) a list of its members, (3) the name and address of a resident of this state upon whom notices or orders of the commissioner or process issued at his direction may be served, and (4) an agreement that the commissioner may examine such advisory organization in accordance with the provisions of Section 12 of this Act. Duties. (c) If, after a hearing, the commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, and requiring the discontinuance of such act or practice. Unfair or improper acts. (d) No insurer which makes its own filings nor any rating organization shall support its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization which has not complied with this Section or with an order of the commissioner involving such statistics or recommendations issued under subsection (c) of this Section. If the commissioner finds such insurer or rating organization to be in violation of this subsection he may issue an order requiring the discontinuance of such violation. Other requirements as to filings.

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SECTION 11. JOINT UNDERWRITING OR JOINT REINSURANCE. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of this Act and, with respect to joint reinsurance, to Sections 12 and 16 to 20 of this Act. Joint underwriting or insurance. (b) If, after a hearing, the commissioner finds that any activity or practice of any such group, association or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, and requiring the discontinuance of such activity or practice. Unfair or improper activities. SECTION 12. EXAMINATIONS. The commissioner shall, at least once in five years, make or cause to be made an examination of each rating organization licensed in this state as provided in Section 6 and he may, as often as he may deem it expedient, make or cause to be made an examination of each advisory organization referred to in Section 10 and of each group, association or other organization referred to in Section 11. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization, or group, association or other organization examined upon presentation to it of a detailed account of such costs. The officers, manager, agents and employees of such rating organization, advisory organization, or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. Such examination shall be subject to the provisions of Section 56-104, Georgia Code of 1933. In lieu of any such examination the commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state. Commissioner's examinations of Rating Organizations. Costs. Code 56-104.

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SECTION 13. RATE ADMINISTRATION. (a) Recording and Reporting of Loss and Expense Experience. Rate administration. The commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countryside expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid him in determining whether rating systems comply with the standards set forth in Section 3. Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this state and are not susceptible of determination by a prorating of countrywide expense experience. In promulgating such rules and plans, the commissioner shall give due consideration to the rating systems on file with him and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. The commissioner may designate one or more rating organizations or other agencies to assist him in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the commissioner to insurers and rating organizations. Rules and plans. Loss and expense experience. (b) Interchange of Rating Plan Data. Reasonable rules and plans may be promulgated by the commissioner for the interchange of data necessary for the application of rating plans. Interchange of rating plan data. (c) Consultation with Other States. In order to further uniform administration of rate regulatory laws, the commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating

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organizations in other states and may consult with them with respect to rate making and the application of rating systems. Consulting officials and others in other States. (d) Rules and Regulations. The commissioner may make reasonable rules and regulations necessary to effect the purposes of this Act. Rules and Regulations. SECTION 14. FALSE OR MISLEADING INFORMATION. No person or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this Act. A violation of this Section shall subject the one guilty of such violation to the penalties provided in Section 17 of this Act. Information; withholding, giving false information. Violation. SECTION 15. ASSIGNED RISKS. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the commissioner. Assigned risks; insurers' agreements. SECTION 16. REBATES PROHIBITED. No broker or agent shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the provisions of this Act. No insurer or employee thereof, and no broker or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified

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in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance, nor any employee of such insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. Nothing in this Section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholders, members or subscribers, dividends, savings or unabsorbed premium deposits. Rebates, etc., prohibited. Proviso. As used in this Section the word insurance includes suretyship and the word policy includes bond. Insurance, policy; what included. Section 56-218, Georgia Code of 1933, shall not be applicable with respect to the kinds of insurance to which this Act applies. Code 56-218 inapplicable to such kinds. SECTION 17. PENALTIES. The commissioner may, if he finds that any person or organization has violated any provision of this Act, impose a penalty of not more than fifty dollars ($50) for each such violation, but if he finds such violation to be wilful he may impose a penalty of not more than five hundred dollars ($500) for each such violation. Such penalties may be in addition to any other penalty provided by law. Violations, punishments. The commissioner may suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or if an appeal has been taken, until such order has been affirmed. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed. Suspension of licenses.

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No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the commissioner, stating his findings, made after a hearing held upon not less than ten days' written notice to such person or organization specifying the alleged violation. Commissioner's written order; hearing, written notice. SECTION 18. HEARING PROCEDURE AND JUDICIAL REVIEW. (a) Any insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the commissioner for a hearing thereon. The commissioner shall hear such party or parties within twenty days after receipt of such request and shall give not less than ten days' written notice of the time and place of the hearing. Within fifteen days after such hearing the commissioner shall affirm, reverse or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon the commissioner may suspend or postpone the effective date of his previous action. Hearing procedure before Commissioner. Review. (b) Nothing contained in this Act shall require the observance at any hearing of formal rules of pleading or evidence. No formal rules. (c) Any order or decision of the commissioner shall be subject to review, which shall be on the basis of the record of the proceedings before the commissioner and shall not be limited to questions of law, by appeal to any court of competent jurisdiction at the instance of any party in interest. Court review. The court shall determine whether the filing of the appeal shall operate as a stay. The court may, in disposing of the issue before it, modify, affirm or reverse the order or decision of the commissioner in whole or in part. Stay; decision. SECTION 19. LAWS REPEALED. Section 56-219 to Section 56-222, inclusive, Georgia Code of 1933, shall be inapplicable with respect to the kinds of insurance to which this Act applies or to workmen's compensation insurance. All other laws or parts of laws in conflict with this Act be and the same are hereby repealed. Code 56-219-56-222 inapplicable in certain respects.

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SECTION 20. CONSTITUTIONALITY. If any section, subsection, subdivision, paragraph, sentence or clause of this Act is held invalid or unconstitutional, such decision shall not affect the remaining portions of this Act. If part invalid. SECTION 21. EFFECTIVE DATE. Be it further enacted that this Act shall take effect October 1, 1947. Date effective. Approved March 28, 1947. FIRE, MARINE, ETC., INSURANCE RATESRATE MAKING AND OTHER REGULATIONPOWERS OF INSURANCE COMMISSIONER. No. 366 (House Bill No. 244). An Act to regulate the making and applying of rates for fire, marine and inland marine insurance, which shall not be excessive, inadequate or unfairly discriminatory; to provide for the licensing of rating organizations and for the supervision of such rating organizations by the insurance commissioner; to prohibit discrimination in the rating service furnished to members and subscribers; to prohibit any broker or agent from rebating any premium or knowingly receiving a premium except in accordance with the provisions of this act; to provide for the filing of rates with the insurance commissioner, the approval or the disapproval by the insurance commissioner of all such rates and schedules; to provide for a hearing thereon at the instance of any interested person, with the right of appeal to the superior court; to make the violation of the provisions of this Act punishable by fine or revocation of license as provided herein; and for other purposes. SECTION 1. PURPOSE OF ACT. The purpose of this Act is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or

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unfairly discriminatory, and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this Act. Nothing in this Act is intended (1) to prohibit or discourage reasonable competition, or (2) to prohibit, or encourage except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans or practices. This Act shall be liberally interpreted to carry into effect the provisions of this Section. Purpose of Act. Construction. SECTION 2. SCOPE OF ACT. This Act applies to fire, marine and inland marine insurance, on risks located in this state. Inland marine insurance shall be deemed to include insurance now or hereafter defined by statute, or by interpretation thereof, or if not so defined or interpreted, by ruling of the Insurance Commissioner, hereinafter referred to as Commissioner, or as established by general custom of the business, as inland marine insurance. Scope; insurance included. This Act shall not apply: (a) To reinsurance, other than joint reinsurance to the extent stated in Section 11; (b) To insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; (c) To insurance of hulls of aircraft, including their accessories and equipment, or against liability arising out of the ownership, maintenance or use of aircraft; (d) To motor vehicle insurance, nor to insurance against liability arising out of the ownership, maintenance or use of motor vehicles. If any kind of insurance, subdivision or combination thereof, or type of coverage, subject to this Act, is also subject to regulation by another rate regulatory act of this state, an insurer to which both acts are otherwise applicable shall file with the Commissioner, a designation as to which rate regulatory act shall be applicable to it with respect to such kind of insurance, subdivision or combination thereof, or type of coverage.

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SECTION 3. MAKING OF RATES. (a) Rates shall be made in accordance with the following provisions: Rate making. 1. Manual, minimum, class rates, rating schedules or rating plans, shall be made and adopted, except in the case of specific inland marine rates on risks specifically rated. Rates, schedules, and plans. 2. Rates shall not be excessive, inadequate or unfairly discriminatory. Certain rates prohibited. 3. Due consideration shall be given to past and prospective loss experience within and outside this state, to the conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to dividends savings or unabsorbed premium deposits allowed or returned by insurer to their policyholders, members or subscribers, to past and prospective expenses both countrywide and those specially applicable to this state, and to all other relevant factors within and outside this state; and in the case of fire insurance rates consideration shall be given to the experience of the fire insurance business during a period of not less than the most recent five year period for which such experience is available. Factors to be considered. (b) Except to the extent necessary to meet the provisions of subdivision 2 of subsection (a) of this Section, uniformity among insurers in any matters within the scope of this Section is neither required nor prohibited. What uniformity. (c) Rates made in accordance with this section may be used subject to the provisions of this Act. Rates to be used. SECTION 4. RATE FILINGS. (a) Every insurer shall file with the Commissioner, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. When a

Page 1526

filing is not accompanied by the information upon which the insurer supports such filing, and the Commissioner does not have sufficient information to determine whether such filing meets the requirements of the Act, he shall require such insurer to furnish the information upon which it supports such filing, and in such event the waiting period shall commence as of the date such information is furnished. The information furnished in support of a filing may include (1) the experience or judgment of the insurer or rating organization making the filing, (2) its interpretation of any statistical data it relies upon, (3) the experience of other insurers or rating organizations, or (4) any other relevant factors. A filing and any supporting information shall be open to public inspection after the filing becomes effective. Specific inland marine rates on risks specially rated, made by a rating organization, shall be filed with the Commissioner. Filing rates with Commissioner of Insurance. Requirements; information. (b) An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings, and by authorizing the Commissioner to accept such filings on its behalf; provided, that nothing contained in this Act shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization. Filing by Rating Organization. (c) The Commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this Act. Review of filings. (d) Subject to the exception specified in subsection (e) of this section, each filing shall be on file for a waiting period of fifteen days before it becomes effective, which period may be extended by the Commissioner for an additional period not to exceed fifteen days if he gives written notice within such waiting period to the insurer or rating organization which made the filing that he needs such additional time for the consideration of such filing. Upon written application by such insurer or rating organization, the Commissioner may authorize a filing which he has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be deemed to meet the requirements of this Act unless disapproved

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by the Commissioner within the waiting period or any extension thereof. Procedure as to filings. (e) Specific inland marine rates on risks specially rated by a rating organization shall become effective when filed and shall be deemed to meet the requirements of this Act until such time as the Commissioner reviews the filing and so long thereafter as the filing remains in effect. Inland marine rates, Rating Organization. (f) Under such rules and regulations as he shall adopt the Commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby, The Commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the standards set forth in subdivision 2 of subsection (a) of Sec. 3. Rules and regulations; procedure by Commissioner. (g) Upon the written application of the insured, stating his reasons therefor, filed with and approved by the Commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk. Other procedure. (h) Beginning ninety days after the effective date of this Act no insurer shall make or issue a contract or policy except in accordance with the filings which are in effect for said insurer as provided in this Act or in accordance with subsections (f) or (g) of this Section. This subsection shall not apply to contracts or policies for inland marine risks as to which filings are not required. When and how Act effective as to insurers; inland marine risks excepted. SECTION 5. DISAPPROVAL OF FILINGS. (a) If within the waiting period or any extension thereof as provided in subsection (d) of Section 4, the Commissioner finds that a filing does not meet the requirements of this Act, he shall send to the insurer or rating organization which made such filing, written notice of disapproval of such filing specifying therein in what respects he finds such filing fails to meet the requirements of this Act and stating that such filing shall not become effective. Commissioner's disapproval of filings. Procedure.

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(b) If within thirty days after a specific inland marine rate on a risk specially rated by a rating organization, subject to subsection (e) of Section 4 has become effective, the Commissioner finds that such filing does not meet the requirements of this Act, he shall send to the rating organization which made such filing written notice of disapproval of such filing specifying therein in what respects he finds that such filing fails to meet the requirements of this Act and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Said disapproval shall not affect any contract made or issued prior to the expiration of the period set forth in said notice. (c) If at any time subsequent to the applicable review period provided for in subsection (a) or (b) of this section, the Commissioner finds that a filing does not meet the requirements of this Act, he shall, after a hearing held upon not less than ten days' written notice, specifying the matters to be considered at such hearing, to every insurer and rating organization which made such filing, issue an order specifying in what respects he finds that such filing fails to meet the requirements of this Act, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order. (d) Any person or organization aggrieved with respect to any filing which is in effect may make written application to the Commissioner for a hearing thereon, provided, however, that the insurer or rating organization that made the filing shall not be authorized to proceed under this subsection. Such application shall specify the grounds to be relieved upon by the applicant. If the Commissioner shall find that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within thirty days after receipt of such application, hold a hearing upon not less than ten days' written notice to the applicant and to every insurer and rating organization which made such filing.

Page 1529

If, after such hearing, the Commissioner finds that the filing does not meet the requirements of this Act, he shall issue an order specifying in what respects he finds that such filing fails to meet the requirements of this Act, and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of said order shall be sent to the applicant and to every such insurer and rating organization. Said order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in said order. (e) No manual, minimum, class rate, rating schedule, rating plan, rating rule, or any modification of any of the foregoing which has been filed pursuant to the requirements of Section 4 of this Act shall be disapproved if the rates thereby produced meet the requirements of this Act. SECTION 6. RATING ORGANIZATIONS. (a) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this state, may make application to the Commissioner for license as a rating organization for such kinds of insurance, or subdivision or class of risk or a part or combination thereof as are specified in its application and shall file therewith (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation, and of its bylaws, rules and regulations governing the conduct of its business, (2) a list of its members and subscribers, (3) the name and address of a resident of this state upon whom notices or orders of the Commissioner or process affecting such rating organization may be served and (4) a statement of its qualifications as a rating organization. If the Commissioner finds that the applicant is competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business conform to the requirements of law, he shall issue a license specifying the kinds of insurance, or subdivision or class of risk or part or combination thereof for which the applicant is authorized to act as a rating organization. Every such application shall be granted or denied in whole or in

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part by the Commissioner within sixty days of the date of its filing with him. Licenses issued pursuant to this Section shall remain in effect for three years unless sooner suspended or revoked by the Commissioner. The fee for said license shall be one hundred twenty-five dollars. Licenses issued pursuant to this Section may be suspended or revoked by the Commissioner, after hearing upon notice, in the event the rating organization ceases to meet the requirements of this subsection. Every rating organization shall notify the Commissioner promptly of every change in (1) its constitution, its articles of agreement or association, or its certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business, (2) its list of members and subscribers and (3) the name and address of the resident of this state designated by it upon whom notices or orders of the Commissioner or process affecting such rating organization may be served. Rating Organizations. Commissioner's authority. Procedure. (b) Subject to rules and regulations which have been approved by the Commissioner as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any kind of insurance, subdivision, or class or risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers. Each rating organization shall furnish its rating services without discrimination to its members and subscribers. The reasonableness of any rules or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request of any subscriber or any such insurer, be reviewed by the Commissioner at a hearing held upon at least ten days' written notice to such rating organization and to such subscriber or insurer. If the Commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer's application for subscribership within thirty days after it was made, the insurer may request a review by the Commissioner as if the application had been rejected. If the Commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without

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justification, he shall order the rating organization to admit the insurer as a subscriber. If he finds that the action of the rating organization was justified, he shall make an order affirming its action. (c) No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. (d) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this Act is hereby authorized, provided the filings resulting from such cooperation are subject to all the provisions of this Act which are applicable to filings generally. The Commissioner may review such cooperative activities and practices and if, after a hearing, he finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, and requiring the discontinuance of such activity or practice. (e) Any rating organization may provide for the examination of policies, daily reports, binders, renewal certificates, endorsements or other evidences of insurance, or the cancellation thereof, and may make reasonable rules governing their submission. Such rules shall contain a provision that in the event any insurer does not within sixty days furnish satisfactory evidence to the rating organization of the correction of any error or omission previously called to its attention by the rating organization, it shall be the duty of the rating organization to notify the Commissioner thereof. All information so submitted for examination shall be confidential. (f) Any rating organization may subscribe for or purchase actuarial, technical or other services, and such services shall be available to all members and subscribers without discrimination.

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SECTION 7. DEVIATIONS. Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the Commissioner for permission to file a deviation from the class rates, schedules, rating plans or rules respecting any kind of insurance, or class or risk within a kind of insurance, or combination thereof. Such application shall specify the basis for the modification and a copy thereof shall also be sent simultaneously to such rating organization. The Commissioner shall set a time and place for a hearing at which the insurer and such rating organization may be heard and shall give them not less than ten days' written notice thereof. In the event the Commissioner is advised by the rating organization that it does not desire a hearing he may, upon the consent of the applicant, waive such hearing. In considering the application for permission to file such deviation the Commissioner shall give consideration to the available statistics and the principles for rate making as provided in Section 3 of this Act. The Commissioner shall issue an order permitting the deviation for such insurer to be filed if he finds it to be justified and it shall thereupon become effective. He shall issue an order denying such application if he finds that the resulting premiums would be excessive, inadequate or unfairly discriminatory. Each deviation permitted to be filed shall be effective for a period of one year from the date of such permission unless terminated sooner with the approval of the Commissioner. Deviations from filings by Rating Organization. Procedure. SECTION 8. APPEAL BY MINORITY. Any member of or subscriber to a rating organization may appeal to the Commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization and the Commissioner shall, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization

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in rejecting a proposed addition to its filings, he may, in the event he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order. Appeal to Commissioner by member or subscriber. Procedure. SECTION 9. INFORMATION TO BE FURNISHED INSUREDS: HEARINGS AND APPEALS OF INSUREDS. Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate. Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by his authorized representative, on his written request to review the manner in which such rating system has been applied in connection with the insurance afforded him. If the rating organization or insurer fails to grant or reject such request within thirty days after it is made, the applicant may proceed in the same manner as if his application had been rejected. Any party affected by the action of such rating organization or such insurer on such request may, within thirty day after written notice of such action, appeal to the Commissioner, who, after a hearing held upon not less than ten days' written notice to the appellant and to such rating organization or insurer, may affirm or reverse such action. Rights of insureds; information, hearings, appeals. SECTION 10. ADVISORY ORGANIZATIONS. (a) Every group, association or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this Act, shall be known as an advisory organization. Advisory Organizations.

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(b) Every advisory organization shall file with the Commissioner (1) a copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its activities, (2) a list of its members, (3) the name and address of of a resident of this state upon whom notices or orders of the Commissioner or process issued at his direction may be served, and (4) an agreement that the Commissioner may examine such advisory organization in accordance with the provisions of Section 12 of this Act. Duties. (c) If, after a hearing, the Commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, and requiring the discontinuance of such act or practice. Unfair or improper acts. (d) No insurer which makes its own filings nor any rating organization shall support its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization which has not complied with this Section or with an order of the Commissioner involving such statistics or recommendations issued under subsection (c) of this Section. If the Commissioner finds such insurer or rating organization to be in violation of this subsection he may issue an order requiring the discontinuance of such violation. Other requirements as to filings. SECTION 11. JOINT UNDERWRITING OR JOINT REINSURANCE. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance, shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of this Act and, with respect to joint reinsurance, to Sections 12 and 15 to 19 of this Act. Joint underwriting or insurance. (b) If, after a hearing, the Commissioner finds that any activity or practice of any such group, association or other organization is unfair or unreasonable or otherwise

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inconsistent with the provisions of this Act, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Act, and requiring the discontinuance of such activity or practice. Unfair or improper activities. SECTION 12. EXAMINATIONS. The Commissioner shall, at least once in five years, make or cause to be made an examination of each rating organization licensed in this state as provided in Section 6 and he may, as often as he may deem it expedient, make or cause to be made an examination of each advisory organization referred to in Section 10 and of each group, association or other organization referred to in Section 11. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization, or group, association or other organization examined upon presentation to it of a detailed account of such costs. The officers, manager, agents and employees of such rating organization, advisory organization, or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation. In lieu of any such examination the Commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state. No report of any examination shall be made public until the organization examined has an opportunity to review the proposed report and to have a hearing with reference thereto, after which hearing the report shall be filed for public inspection and shall become admissible in evidence as a public record. Commissioner's examinations of Rating Organizations. Costs. SECTION 13. RATE ADMINISTRATION. (a) Recording and Reporting of Loss and Expense Experience. Rate administration. The Commissioner shall promulgate reasonable rules and statistical plans, reasonably adopted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its loss and countrywide

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expense experience, in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid him in determining whether rating systems comply with the standards set forth in Section 3. Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this state and are not susceptible of determination by a prorating of country-wide expense experience. In promulgating such rules and plans, the Commissioner shall give due consideration to the rating systems on file with him and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it. The Commissioner may designate one or more rating organizations or other agencies to assist him in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the Commissioner, to insurers and rating organizations. Rules and plans. Loss and expense experience. (b) Interchange of Rating Plan Data. Interchange of rating-plan data. Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans. (c) Consultation with Other States. Consulting officials and others in other States. In order to further uniform administration of rate regulatory laws, the Commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult with them with respect to rate making and the application of rating systems. (d) Rules and Regulations. Rules and regulations. The Commissioner may make reasonable rules and regulations necessary to effect the purposes of this Act. SECTION 14. FALSE OR MISLEADING INFORMATION. No person

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or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the Commissioner, any statistical agency designated by the Commissioner, any rating organization, or any insurer, which will affect the rates or premiums chargeable under this Act. A violation of this Section shall subject the one guilty of such violation to the penalties provided in Section 15 of this Act. Information; withholding, giving false information. Violation. SECTION 15. PENALTIES. The Commissioner may, if he finds that any person or organization has violated any provision of this Act, impose a penalty of not more than fifty dollars ($50) for each such violation, but if he finds such violation to be wilful he may impose a penalty of not more than five hundred dollars ($500) for each such violation. Such penalties may be in addition to any other penalty provided by law. Penalties. The Commissioner may suspend the license of any rating organization or insurer which fails to comply with an order of the Commissioner within the time limited by such order, or any extension thereof which the Commissioner may grant. The Commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or if an appeal has been taken, until such order has been affirmed. The Commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed. Suspension of licenses. No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the Commissioner, stating his findings, made after a hearing held upon not less than ten days' written notice to such person or organization specifying the alleged violation. Commissioner's written order; hearing, written notice. SECTION 16. REBATES PROHIBITED. No broker or agent shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the provisions

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of this Act. No insurer or employee thereof, and no broker or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance, nor any employee of such insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. Rebates, etc., prohibited. Nothing in this Section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholders, members or subscribers, dividends savings or unabsorbed premium deposits. As used in this Section the word insurance includes suretyship and the word policy includes bond. Proviso. What insurance includes. SECTION 17. HEARING PROCEDURE AND JUDICIAL REVIEW. (a) Any insurer or rating organization aggrieved by any order or decision of the Commissioner made without a hearing, may, within thirty days after notice of the order to the insurer or organization, make written request to the Commissioner for a hearing thereon. The Commissioner shall hear such party or parties within twenty days after receipt of such request and shall give not less than ten days' written notice of the time and place of the hearing. Within fifteen days after such hearing the Commissioner shall affirm, reverse or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon the Commissioner may suspend or postpone the effective date of his previous action. Hearing procedure before Commissioner. Review. (d) Nothing contained in this Act shall require the observance at any hearing of formal rules of pleading or evidence. No formal rules.

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(c) Any order, decision or the imposition of any penalty by the Commissioner shall be subject to review by appeal to the Superior Court of Fulton County, Georgia, in accordance with the provisions of Chapter 6-5 of the Code of Georgia 1933. Review by Fulton Superior Court. Code, ch. 6-5. SECTION 18. LAWS REPEALED. All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed. SECTION 19. CONSTITUTIONALITY. If any section, subsection, subdivision, paragraph, sentence or clause of this Act is held invalid or unconstitutional, such decision shall not affect the remaining portions of this Act. If part invalid. SECTION 20. EFFECTIVE DATE. This Act shall take effect September 1, 1947. Date effective. Approved March 28, 1947. ASSESSMENTS AND BONDS FOR STREET IMPROVEMENTSPAYMENT. Code 69-414, 69-417 amended. No. 367 (House Bill No. 265). An Act To amend Section 69-414 of the Code of Georgia of 1933, relating to the manner in which assessments for municipal street improvements shall be payable in installments, and to amend Section 69-417 of the Code of Georgia of 1933, relating to the issuance of bonds for street improvements, so as to provide that such assessments may be payable in equal annual installments over such period of years, not less than two nor more than ten years, as may be fixed by the governing body, and so as to provide that the bonds issued for such street improvements shall be payable in equal annual installments over such period of years as shall have been fixed by the governing body, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, that Section 69-414 of the Code of Georgia of 1933, be, and the same is hereby, amended by striking from said section the following words and figures, to wit: in 10 equal annual installments and, and inserting in lieu thereof the following words, to wit: in equal annual installments over such period of years, not less than two nor more than ten, as shall be fixed and prescribed by the governing body of such municipality, and said installments, so that such Section 69-414, when amended, shall read as follows: 69-414 amended. 69-414. Assessments payable in installments; interest rate.In the event the owner of the land or of any street railway so assessed shall, within 30 days from the passage of the ordinance making the assessment final, file with the clerk of the said municipality his or its written request asking that the assessments be payable in installments in accordance with the provisions hereof, the same shall thereupon be and become payable in equal annual installments over such period of years, not less than two nor more than ten, as shall be fixed and prescribed by the governing body of such municipality, and said installments shall bear interest at the rate of not exceeding six per cent. per annum until paid, and each installment together with the interest on the entire amount remaining unpaid shall be payable each year at such time and place as shall be provided by resolution of the governing body. To read. Assessments payable in installments. Interest rate. Section 2. Be it further enacted by the authority aforesaid, that Section 69-417 of the Code of Georgia of 1933, be, and the same is hereby, amended by striking from said section immediately following the first sentence thereof the following words, to wit: One-tenth in amount of any such series of bonds with interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day in each succeeding year until all shall be paid, and inserting in lieu thereof the following words, to wit: Said bonds shall be payable in equal annual installments over the same period of years, not less than two nor more than ten, as shall have been fixed and provided by the governing body of such municipality

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for the payment of the assessments in installments under the provisions of Section 69-414, and one installment of any such series of bonds with interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one installment thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day in each succeeding year until all shall be paid, so that said Section 69-417, when amended, shall read as follows: 69-417 amended. 69-417. Bonds for street improvement; how paid; interest.The said governing body, after the expiration of 30 days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date not more than 30 days after the passage of the ordinance fixing the said assessment and of such denomination as the said governing body shall determine, which bond or bonds, unless authority is thereafter granted and exercised for making the same direct obligations of the municipality, shall in no event become a liability of the municipality, or of the governing body of the municipality issuing same. Said bonds shall be payable in equal annual installments over the same period of years, not less than two nor more than ten, as shall have been fixed and provided by the governing body of such municipality for the payment of the assessments in installments under the provision of Section 69-414, and one installment of any such series of bonds with interest upon the whole series to date, shall be payable on such day and at such place as may be determined by the governing body, and one installment thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day in each succeeding year until all shall be paid. Such bonds shall bear interest at a 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, part of street or streets, or other public places for the improvement of which they have been issued, and, unless authority is thereafter granted and exercised

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for making the same direct obligations of the municipality, they are payable solely from assessments which have been fixed upon the lots or tracts of land benefited by said improvement under authority of this Chapter. Said bonds shall be signed by the mayor or chairman of the board of commissioners, and attested by the clerk of the governing body, and shall have the impression of the corporate seal of such municipality thereon, and shall have interest coupons attached, and all bonds issued by authority of this Chapter shall be payable at such place either within or without the State of Georgia as shall be designated by said governing body. To read. Bonds for street improvements. How paid. Interest. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 28, 1947. MIDDLE JUDICIAL CIRCUITCOURT REPORTER'S SALARY. Code 24-3103, 24-3104. No. 368 (House Bill No. 268). An Act to amend an Act approved March 9, 1945, providing for a salary of $200.00 per month for the official court reporter of the Middle Judicial Circuit, in lieu of all criminal cases provided in Code Section 24-3104, by striking the figure and words $200.00 per month and by inserting in lieu thereof the figure and words $3,000.00 per annum; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 1 of the Act approved March 9, 1945, which reads as follows: Section 1. That from and after the passage of this Act, the official court reporter of the Middle Judicial Circuit shall be paid a salary of $200.00 per month, in lieu of all compensation in criminal cases provided in Code Section 24-3104. Each of the counties comprising said circuit shall pay monthly such part or portion of said

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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. Sec. 1, act of 1945, amended. 24-3103, 24-3104. Be and the same is hereby amended by striking the figure and words $200.00 per month and inserting in lieu thereof $3,000.00 per annum so that said Section 1 as amended, shall read as follows: Section 1. That from and after the passage of this Act, the official court reporter of the Middle Judicial Circuit shall be paid a salary of $3,000.00 per annum, 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. To read. Court Reporter's salary. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1947. SURETY BONDS FOR COUNTY OFFICERS. No. 369 (House Bill No. 299). An Act to make it mandatory for all county officers who are required to give bond to give a surety bond and to

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provide that the premiums due on such bond may be paid by the county fiscal authorities from county funds; to provide that this Act shall not affect any officer in office during his present term; 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 county officials who are required by law to give an official bond are hereby required to make bond signed by some surety or guaranty company authorized to do business in this State. The premiums due on all such bonds may be paid by the county fiscal authorities out of county funds. Official bonds to be signed by surety or guaranty company. That this Act will not affect any officer in office during his present term. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 28, 1947. CORPORATIONSCHANGE OF PRINCIPAL OFFICE. Code 22-1814 (New Section after). No. 370 (House Bill No. 308). An Act To amend the Corporation Act of 1938, and to add an additional Code section after Section 22-1814 of the Code of Georgia, and to provide for a method of changing the principal office of a corporation by amendment, and to provide the manner of making such amendment, the judge to pass upon same, and the making of a record thereof in the office of the Clerk of each county in which the principal office had previously been located, to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. The Corporation Act of 1938, and the Code of Georgia concerning amendment of charter of corporations are hereby amended by adding immediately after Code Section 22-1814 the following: Act of 1938 and Code amended.

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Any corporation, whether incorporated under prior existing laws or under this law, may from time to time, when and as desired, amend its charter to change its principal office, and thereby to become a corporation of a county other than that of its original incorporation, by proceeding as provided for any other amendment; except that such petition to change the principal office shall be presented to the Judge of the Superior Court to which the principal office of the corporation is to be changed, and the judge shall examine the same, and if it is found to be lawful, shall enter an order declaring the same granted thereon, and the publication thereof shall be by a newspaper which is authorized to carry publications concerning the granting of amendments of charters, in the county to which the principal place of business of the corporation is to be changed; and a copy of such judge's order, certified by the Clerk of the Superior Court of that county, shall be furnished by the corporation to the Clerk of the Superior Court in each county in which the principal place of business of the corporation had previously been located, to be recorded in the office of such clerk. For this record, the corporation shall also pay each clerk where such certified copy is to be recorded, a fee of $5.00 and 15 cents per 100 words for recording the same. New Code section after 22-1814. Change of principal office. Petition. Publication. Order. Clerk's fees. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1947. MUNICIPAL CORPORATIONSSURRENDER OF CHARTER. No. 371 (House Bill No. 517). An Act to prescribe the method by which incorporated cities or towns of this State that are not functioning under their charter may surrender their charter and have their corporate powers dissolved; 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: Section 1. That from and after the passage of this Act, all incorporated cities and towns in the State of Georgia now existing and any that may be incorporated hereafter are hereby authorized to surrender their corporate charters, when said incorporated city or town has not functioned under the corporate charter for a period of ten (10) years, by petitioning the Superior Court of the County in which the incorporated city lies, said petition being made by a majority of the registered voters of the non-functioning incorporated city or town, whereupon the Judge of the Superior Court of said county may receive the surrendered corporate charter and by order of the Court declare said incorporated city or town to be dissolved. Any order of any Superior Court Judge dissolving any incorporated city or town within the State of Georgia will be furnished in duplicate to the Secretary of State and shall serve as notice upon the Secretary of State that the city or town has by order of the Court been dissolved as an incorporated city or town. Petition for surrender. Order of court. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 28, 1947. CALHOUN COUNTY TAX COMMISSIONERREFERENDUM. No. 372 (House Bill No. 514). An Act to abolish the offices of Tax Collector and Tax Receiver in the County of Calhoun, Georgia; to consolidate the offices of Tax Receiver and Tax Collector of Calhoun County, Georgia; and to create the office of Tax Commissioner of Calhoun County, Georgia; to prescribe the rights, liabilities and duties of the Tax Commissioner; to provide that the laws now in force applicable to Tax Receiver and Tax Collectors shall be of full force and effect as to the County Tax Commissioner, so far as the same are applicable; to provide that the taxes due on all tax fi. fas. shall have full force and effect and be collectible as such; to authorize the Board of Commissioners of

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Roads and Revenues of Calhoun to fix the salary of the Tax Commissioner, his assistants and clerical force; to provide the effective date for this Act; to provide for the election of the Tax Commissioner and for filling vacancies; to provide that all fees, costs and commissions now accruing to the Tax Collector and Tax Receiver shall be collected by the Tax Commissioner and paid over to the County Treasury to become county funds; to provide that the Tax Commissioner shall give surety bond and that the county shall pay the premiums thereon; to provide that the county shall pay for stamps, stationery and office supplies used by the Tax Commissioner; to provide for the levying of a tax to pay the salaries of the Commissioner and his assistants; 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 offices of Tax Receiver and Tax Collector of Calhoun County, Georgia, be and the same are hereby abolished, and the two offices are hereby consolidated into one office. Offices of Tax Receiver and Tax Collector abolished. Section 2. That the office of Tax Commissioner of Calhoun County, Georgia, be and is hereby created in lieu of said offices so consolidated and so abolished, and that the rights, duties and liabilities of the said office of Tax Commissioner of Calhoun County, Georgia, shall be the same as the rights, duties and liabilities of the Tax Receiver and Tax Collector of said county, and that all laws applicable to Tax Receiver and Tax Collectors shall be applicable to the Tax Commissioner of said county so far as the same can apply. Office of Tax Commissioner created. Section 3. That it shall be the duty of the Board of Commissioners of Roads and Revenues of Calhoun County, Georgia, to fix the salary to be paid to the Tax Commissioner, his assistants and clerical force. The salaries so fixed by said Board of Commissioners of Roads and Revenues shall be paid to the Tax Commissioner and his assistants monthly from county funds. Salaries of Tax Commissioner and assistants. Section 4. The Tax Commissioner shall have an office in the courthouse of said county, which office shall be furnished by the Commissioners of Roads and Revenues of Calhoun

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County. However, it shall be the duty of the Tax Commissioner to make visits to the different districts of the county for the purpose of receiving and collecting tax. The Commissioners of Roads and Revenues shall furnish to the Tax Commissioner stamps and stationery and other office supplies necessary for the performance of his duties as the Tax Commissioner. Office and supplies. Section 5. That all taxes due and payable, and all tax fi. fas. issued by the Tax Collector of Calhoun County, Georgia, outstanding at the time this Act shall become effective shall have force and effect and shall be collectible as issued. Taxes due. Section 6. That all fees, costs, commissions and other compensation now or hereafter allowed by law to the Tax Receiver and Tax Collector of Calhoun County, Georgia, for receiving and collecting tax for State and political subdivisions thereof, shall be collected by the said Tax Commissioner and all such funds so collected shall be by said Tax Commissioner paid into the Treasury of the County of Calhoun and shall become county funds subject to disbursement under orders of the Commissioners of Roads and Revenues. Fees, costs, etc. Section 7. That in the event said office of Tax Commissioner shall become vacant by death, resignation, or otherwise the vacancy shall be filled in the same manner as vacancies in the office of the Clerk of the Superior Court or other county offices. Vacancy. Section 8. That before entering upon the duties of his office, said Tax Commissioner shall take the oath now prescribed by law for Tax Collectors and Tax Receiver, and shall at the same time give bond and security, which security shall be some surety or guaranty company authorized to do business in the State, in the amount fixed and prescribed by statute. The premium upon the bond shall be paid by the Commissioners of Roads and Revenues of Calhoun County from county funds. Oath and bond. Section 9. The Tax Receiver and Tax Collector of Calhoun County, Georgia, shall continue to perform their duties as such until the end of their term for which they were elected, which terms expire January 1, 1949. This Act shall become effective on January 1, 1949. The Tax Commissioner

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herein provided for shall be elected in the general election to be held in November, 1948, and at the same time for election other county officers and his term of office shall be for four years. Present Tax Receiver and Tax Collector. Election of Tax Commissioner. Section 10. The Commissioners of Roads and Revenues of Calhoun County, Georgia, are hereby authorized and empowered to levy and collect a tax on all taxable property in Calhoun County, Georgia, sufficient to pay the salary of said Commissioner, his assistants, his clerical force and office supplies as herein provided. Tax for Tax Commissioner's salary and expenses. Section 11. After the approval and passage of this Act the Commissioners of Roads and Revenues of Calhoun County, Georgia, shall call an election or referendum wherein the qualified voters of Calhoun County shall pass upon the question of the adoption or rejection of this Act. Said election shall be held at some day fixed by the Commissioners of Roads and Revenues of Calhoun County but not later than January 1, 1948. The Commissioners of Roads and Revenues shall give notice of the day of the election by publishing the notice thereof in the newspaper wherein sheriff's advertisements are published for the County of Calhoun, Georgia. The Commissioners of Roads and Revenues of said county shall cause to be prepared ballots to be used in said election and the ballots shall have printed thereon the words: For the Act consolidating the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner for Calhoun County, Georgia, and Against the Act consolidating the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner of Calhoun County, Georgia. The election shall be held in each of the election precincts throughout the county. Each and every voter qualified to vote for members of the General Assembly shall be qualified to vote in the referendum herein provided for. Should a majority of the qualified voters voting in said election vote in favor of consolidating the office of Tax Collector and Tax Receiver and creating the office of Tax Commissioner of Calhoun County, then this Act shall become of full force and effect as of January 1, 1949. Should a majority of the qualified voters voting in said election vote against consolidating the offices of Tax Collector and Tax Receiver, then this Act shall be null, void

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and of no force or effect. The Commissioners of Roads and Revenues shall consolidate the vote of said election and shall declare the results of said election and shall cause to be recorded on their minutes their declaration of the results of the election. The cost and expense of the election shall be paid from the general funds of the county by the Commissioner of Roads and Revenues. Referendum. Section 12. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved March 28, 1947. DEKALB COUNTY PENSION AND RETIREMENT SYSTEM. No. 373 (House Bill No. 525). An Act to create a system of pensions and retirement pay for officers and employees of DeKalb County; to authorize the County Commissioner of said County to establish rules and regulations governing the payment of pensions and retirement pay to County officers and employees of said County; to establish a Pension Board and to define its power and duties; to provide how County officers and employees may apply for and obtain pensions; to provide the maximum amount of retirement pay or pension that any officer or employee may receive; to provide how and when present officers and employees may apply for retirement pay, and future officers and employees may be authorized to do so; to provide a method for raising funds for the purpose of paying pensions and retirement pay to officers and employees; to authorize the Commissioner of said County to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide that officers and employees of said County shall make contribution from their wages for the support of the pension fund and the payment of pensions and retirement pay; to provide how and under what conditions pensions may be granted; to provide for disability pensions and to define the meaning of the term disability; to provide for refunds to County officers and employees

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in the event such officers and employees sever their connection with the County; to provide exceptions to the application of this Act and exemptions therefrom; and for other purposes so as to create a complete system of pensions and retirement pay for the officers and employees of DeKalb County. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, as follows: Section 1. That there is hereby authorized and created a Pension Board for DeKalb County, to consist of five (5) members, one of whom shall be the County Commissioner of said County; a second shall be named by the County Commission; two shall be officers or employees of the County elected by the officers and employees, subject to the provisions of this Act, at an election to be held on May 1, 1947, and biannually thereafter on the first day of May. Said election shall be conducted with the use of secret ballots at some convenient place in the Court House in DeKalb County, under the supervision of three (3) managers appointed in the first instance by the Ordinary. The polling place shall be open from 7 A.M. until 7 P.M. and every officer and employee of DeKalb County subject to the provisions of this Act shall be entitled to one (1) vote at said election. A fifth member of the Board shall be appointed by the four first named, and shall be a citizen of DeKalb County, not less than thirty (30) years of age, and experienced in business or professional work. In case of a tie the Judge of the Superior Court shall appoint the fifth member. The elected and appointed members of said Board shall serve terms of two (2) years and until their successors are elected and qualified. All members of the Board shall take an oath to perform faithfully their duties under this Act and to administer the terms thereof. Appointments and elections to fill vacancies shall be made as in the first instance of election or appointment. Pension Board created. Members. Election. Terms. Section 2. The members of said Pension Board shall serve without pay, shall elect its own Chairman and Vice Chairman, and hold at least one meeting during each month, same to be held in the Court House, and open to the public. Special or call meetings may be held when needed. Correct minutes of all meetings of said Board shall be kept, and a certified

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copy or extract from said minutes, duly authenticated by the Secretary of said Board, shall be admissible as evidence in any court of law in this State. Compensation. Meetings. Section 3. A majority of the members of the Pension Board shall constitute a quorum for all purposes. A quorum of said Pension Board shall be necessary for the transaction of any business or the conduct of any hearing before said Board, and the majority of the members present shall be sufficient to act upon all matters coming before the Board, provided no pension shall be granted without the affirmative vote of at least three members of the Board. Quorum at meetings; vote. Section 4. On or before the effective date of this Act it shall be the duty of the Commissioner of Roads and Revenues of DeKalb County to promulgate rules consistent with but not inconsistent with this Act, providing for a pension to each officer or employee entitled thereto, and providing a system of procedure for granting pensions based upon years of service or physical disability. Said rules shall further provide the manner and time within which said application shall be made, and shall provide an orderly procedure whereby applications may be heard and determined, and pensions may be paid in accordance with the provisions of this Act. When so adopted such rules shall be administered by the Pension Board. Pension rules and regulations. Payment of pensions provided for in this act shall be made exclusively from the pension fund hereinafter provided for and no obligation is created by the county to pay pensions except from said fund and the county authority shall not be required to supplement said pension fund or to contribute a larger amount than that provided for in Section 13 of this Act. Pension fund. Section 5. All County officers and employees of DeKalb County who are employed or hold office on the effective date of this Act are subject to the terms and provisions thereof. Employees, and officers, as the terms shall be used herein, shall include salaried employees and deputies of County officers by whatever name or title employed or deputized, except elected County officers and members of the Board of Tax Assessors. What officers and employees subject to Act. Section 6. Effective May 1st, following the passage of

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this Act, it shall be the duty of the Treasurer of DeKalb County to deduct from the salary or wage paid to each officer, employee, or deputy, subject to the provisions hereof, except as provided hereafter, three (3) percent of the amount of such salary or wage of each employee, but not to exceed the sum of $4.50 per month from each employee. It shall further be the duty of said Treasurer to hold in a special fund to be held by the Treasurer, subject to the orders of the Pension Board as provided hereafter for the payment of pensions, all of the sums so deducted from the salary and wages of officers and employees, together with such sums as may be appropriated by the governing authorities of DeKalb County in aid of and in addition to the amounts withheld from the salaries of officers and employees. Salary and wage deductions. Section 7. On and after May 1, 1952, any full time officer or employee as defined herein, who has contributed to the pension funds in accordance with the terms and provisions hereof, may, upon the completion of twenty-five (25) years of service, the last five (5) of which shall be continuous, and who has attained the age of 60 years, apply for and obtain a pension in the amount of one-half () of the average salary of such officer or employee for the last five years of service, provided the amount of such pension shall in no event exceed the sum of Seventy-five ($75.00) Dollars per month. Retirement and pension after 25-years' service. Section 8. After the passage of this Act, any officer or employee of DeKalb County who has served not less than ten (10) years, and who, as a result of illness or injury, shall become disabled to such extent that such officer or employee is no longer able to perform the duties of his office or employment, may apply for and obtain a disability pension based upon the years of service which such employee shall have attained, and in proportion to that pension to which such officer or employee would be entitled had he served DeKalb County for the full period of twenty-five (25) years, and thus be entitled to receive a normal pension. For example, an employee having served fifteen (15) years who becomes so disabled, shall be entitled to 15/25ths or 3/5ths of that total pension to which such employee would be entitled had he served twenty-five (25)

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years or longer, as provided in the preceding section relating to pensions by reason of length of service. Disability pension. Section 9. Provisions of this Act relating to continuous service and the minimum length of service shall not apply to employees totally injured in line of duty, but such employee when otherwise qualified, shall be entitled to a disability pension of one-half salary or wage, but not to exceed Seventy-five ($75.00) Dollars per month, notwithstanding the length of service. Pension for injuries in line of duty. Section 10. Full time service rendered in DeKalb County by an officer, or employee, while in the employment of DeKalb County, as an officer, or as an employee, or as a deputy of an officer, or service rendered as an employee or deputy of a County officer while serving under the fee system, and service in any of the schools in DeKalb County, shall be included in the service for which a pension may be granted, both disability and by reason of length of service. Part-time employment shall not be counted. Full-time employment only counted. Section 11. After May 1, 1952, attainment of the age of sixty-five (65) years shall be conclusive evidence of disability so as to entitle an employee who has met the other requirements as to minimum years of service, continuity, etc., without further proof of disability. In all such cases, however, the amount of pension to be paid shall be based upon the length of service as provided in the preceding sections hereof. Retirement at 65 years of age. Section 12. Whenever an application for disability pension has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia, certifying to the disability of such applicant for a pension. Immediately thereupon the Pension Board shall order the applicant to be examined by the County Physician, or some other physician named by the Board who likewise shall certify the physical ability or disability of the applicant. In the event the certificates of the respective physicians shall agree upon disability, such facts shall be conclusive as to the physical or mental condition of the applicant and the Board shall thereupon enter an order granting a pension in the proper amount. In the event the certificate tendered by the applicant and the certificate of the County Physician or physician appointed by the Board shall disagree

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as to the condition of the applicant, then and in that event the Pension Board shall conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn. Copies of documents may be received in evidence in lieu of the original at the discretion of the Board, and affidavits may be received in lieu of oral testimony. All such affidavits shall be filed with the Board at the time of the hearing. The decision of the Board after a hearing shall be final as to the physical or mental condition of the applicant, but the proceedings shall be subject to review by the writ of certiorari from the Superior Court of DeKalb County. The Chairman of the Pension Board shall be authorized to acknowledge service on any such writ, and to answer same on behalf of the Pension Board. Application for disability pension. Hearing. Certiorari. Section 13. The authorities in charge of county affairs for DeKalb County shall appropriate to the Pension Board annually, to be paid in monthly installments, a sum equal to the amount of the contributions of all officers and employees coming within the provisions of this Act. Employees' contributions to be matched. Section 14. The county authorities in charge of the affairs of DeKalb County are authorized hereby and empowered to levy taxes and appropriate money for the purpose of supplementing the pension fund and paying pensions to officers and employees as provided under the provisions of this Act, and in accordance with the provisions requiring DeKalb County to appropriate sums equal to the amount of the contributions of officers and employees. Authority to supplement pension fund by taxation. Section 15. The Pension Board shall have authority to invest any money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, in securities of the United States, or of the State, of DeKalb County, or any other county or municipality of the State of Georgia, and shall have the right to manage said investment so as to produce interest and return for the benefit of the Pension Fund. Investments by Pension Board. Section 16. It shall be the duty of the Pension Board to designate some employee of the County to act as clerk of the Pension Board, and as such, to keep all of the records,

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books and minutes of said Board. For such services the said Clerk may be paid from the Pension Fund a salary not to exceed Twenty-five ($25.00) per month. Clerk of Pension Board. Section 17. In any hearing before the Pension Board the Clerk thereof shall have the authority to issue subpoenas in the name of the Board, requiring the attendance of witnesses and the production of documents for the purpose of being used as evidence before said Board. Subpoenas shall be issued at the request of the applicant or of the Board, and any witness failing to attend or to produce any record required of him, without legal excuse, shall be guilty of contempt, and may be fined for same before the Judge of the Superior Court of DeKalb County. Witnesses at hearings of Board. Section 18. Any officer or employee who shall return to the service of DeKalb County after an absence therefrom, whether under resignation, leave of absence or discharge, shall be entitled to credit against his service for all periods of time he has served as an officer or employee, or as a deputy of an officer of DeKalb County, provided such officer or employee shall restore to the Pension Fund all sums which he may have withdrawn therefrom on the date of his resignation or discharge from County service, together with interest thereon at the rate of 3% per annum. Said sum may be paid in equal installments over a period not to exceed twenty-four (24) months, provided, however, no pension shall be granted to any officer or employee until all sums due by said officer or employee to the Pension Fund shall have been paid. Return to service of County. Section 19. Any officer, employee or deputy of DeKalb County who shall have served in the armed forces of the United States during World War I or World War II, and who, at the time of induction into said armed forces, was an officer, employee or deputy of DeKalb County, shall be entitled to have credited against his service with said County all of the time represented by the period of said service. Any officer or employee of DeKalb County who shall hereafter be inducted into the armed forces of the United States by conscription or under any compulsory military plan, shall likewise be entitled to credit for service during the period he is absent from County service and in the armed forces of the United States; provided such employee

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shall, within six (6) months after his discharge from the armed service, return to the service of DeKalb County, and pay to the Pension Fund a sum equal to the amount of the contribution which said officer or employee would have made to the Pension Fund had he continued in County service and had not been inducted into the armed forces of the United States, such payment to be made in not more than twelve (12) equal monthly installments. Military service shall not be construed to interrupt continuous service. Return after service in Armed Forces of U.S. Section 20. Should any officer, deputy, or employee of said County who has contributed to the Pension Fund, die, resign, or be discharged from the service of said County, without having applied for and received a pension of any kind, or having received as pension aggregate amounts less than the contribution made by such officer, deputy or employee, after deducting as administrative expenses the amount hereafter provided, such officer, deputy or employee, or in the event of his death, his widow, and if no widow, minor children, and if no minor children, then his personal representative, as the case may be, shall be entitled to a refund of the contribution of such officer, deputy, or employee, as required by this Act, after deducting therefrom one-half of one percent (%) for each year said officer or employee has been in the service of DeKalb County, which sum shall be withheld by the Pension Board as a contribution on the part of such officer, deputy or employee toward administration of the Pension Fund. Application for all refunds shall be made within two (2) years by person entitled thereto. Refund of contribution if no pension. Section 21. The Pension Board shall have the right at intervals of not less than one year, to require an examination of all officers and employees receiving disability pensions under the provisions of this Act. In the event any such officer or employee receiving a disability pension shall be found, as a result of such examination not to be disabled, the Pension Board may, after hearing thereon, and an opportunity to such officer or employee to be heard, remove such officer or employee from the list of those entitled to a disability pension, provided, in all cases where an employee is thus removed from the list of those entitled to a disability pension, it shall be a prerequisite to

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such removal from the pension list, that such employee shall be tendered a position with DeKalb County having the same or equal pay with that position which such employee held at the time the disability pension was granted. Removal from disability pension list. Section 22. No contribution shall be required of any officer, deputy or employee during the time that such party is receiving a pension under the provisions of this Act. No contribution during time pension paid. Section 23. No officer or employee receiving a pension under the terms of this Act shall thereafter become an employee or officer of any department of government, whether national, state or municipal, or of another county. Such such officer or employee, notwithstanding the provisions of this section, accept employment, with or be elected to any department or office of government as provided herein, no pension shall be payable to such officer or employee during the period of employment by such other government. Restriction of pensioners as to employment. Section 24. Notwithstanding any other provision or clause of this Act, no officer, deputy or employee of DeKalb County shall be required to make any contribution to said Pension Fund, and no contribution whatsoever shall be deducted from his salary or wages for any purpose named in this Act, for a period of ninety (90) days after the commencement of his or her employment as an officer, deputy or employee of DeKalb County. Likewise no pension rights shall accrue to any such new officer, employee or deputy during said ninety (90) day period, which period is hereby defined as a probationary period during which no pension rights shall inure. In the event such new officer, employee or deputy shall retain his connection with DeKalb County after such ninety (90) day period, then the full amount of contributions required by this Act of other employees, officers and deputies during said ninety (90) day period shall be deducted from the salary of such new officer, employee or deputy, and paid into the said pension fund so that the full amount of contributions required for participation in the pension fund shall thus be equalized for the entire period of service of such officer, employee or deputy. After such payment or deduction, such new officer, employee or deputy, if otherwise qualified, shall acquire a pension status and his period of service shall date from the day of his employment as an officer, employee or deputy of

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DeKalb County for the purpose of ascertaining thereafter the amount of any pension to be paid or which may become payable to such officer, employee or deputy. It is the intention of this provision to eliminate from the operation of the pension fund all temporary employees and all new officers, deputies and employees until they have demonstrated their aptitude and fitness for service, and until they have become permanent, as evidenced by the satisfactory completion of a ninety (90) day probationary period. Probationary period. Section 25. In computing the salary of officers, employees or deputies for the purpose of determining the amount of contribution of such officer, employee or deputy and paying pensions, there shall be added to the salary or wage paid by DeKalb County the amount of any salary or wage paid by the State of Georgia or by the United States, provided the maximum of pension and the total amount of the deduction from the salary or wage of such officer, employee or deputy shall not exceed the maximum provided in the other sections of this Act. Computation of salary for pension purposes. Section 26. Should any provision of this Act be held unconstitutional without such unconstitutionality being of such nature as to void the entire Act or to defeat its beneficent purposes, then and in that event it is the legislative intent that the various provisions of the Act shall be separately enacted and those provisions which are held to be constitutional shall nevertheless remain in force, notwithstanding the unconstitutionality of one or more provisions hereof. If part of Act unconstitutional. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 28, 1947. ATLANTA CORPORATE LIMITS EXTENDEDREFERENDUM. No. 374 (House Bill No. 469). An Act To amend an Act establishing a new Charter for the City of Atlanta approved February 28, 1874, and the

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several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act 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, be and the same are hereby amended as follows: Section 1. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace therein all of the territory lying within the following boundary lines: Beginning at a point on the existing corporate limits of the City of Atlanta where same intersects the southerly side of Utoy Road, S. W.; thence westerly along the southerly side of Utoy Road, S. W. and continuing westerly along the southerly line of Land Lots 169 and 184 of the Fourteenth District of Fulton County, to the southwest corner of Land Lot 184; thence northerly, along the westerly line of said Land Lot 184 and also along the westerly line of Land Lots 183, 182, 181 and 180 of said Fourteenth District to an intersection with the southerly right-of-way line of the Atlantic Coast Line Railroad; thence southeasterly and northeasterly along said right-of-way line to the existing limits of the City of Atlanta; thence southerly, westerly and easterly along the present limits of the City of Atlanta, following its various courses to the point of beginning. Description of territory added. Section 2. The said described territory shall become a part of the City of Atlanta January 1, 1948, on the condition that this charter amendment shall be approved and ratified by a majority of the qualified electors of said territory voting at an election called and held as hereinafter provided. Only qualified electors residing in said territory shall be eligible to vote in said election. If a majority of those voting shall vote in favor of the approval and ratification, then this Act shall be of full force and effect. Referendum. Section 3. It shall be the duty of the Ordinary of Fulton County to call an election in the described territory, at all the voting precincts therein, within 90 days after the approval of this Act. Notice shall be given of said election in

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each of the daily papers at least 30 days before the date of holding said election, notifying the qualified voters thereof that the election will be held on the question of approval and ratification of this amendment. The expense of holding said election shall be paid by the City of Atlanta. The Mayor of the City of Atlanta and the Chairman of the Board of County Commissioners of Fulton County shall each be authorized to designate one or more persons to be pressent at each voting precinct at all times during the voting and counting of the votes. Election, date, notice, etc. Section 4. All persons voting at said election in favor of the approval and ratification of this charter amendment shall have written or printed on their ballots the following words: For approval and ratification of charter amendment extending the limits of the City of Atlanta, and all persons voting against approval and ratification shall have printed on their ballots the following words: Against approval and ratification of charter amendment extending the limits of the City of Atlanta. Voting machines may be used. If a majority of those voting at said election shall vote in favor of the approval and ratification as herein provided, the Ordinary of said County shall so declare, and shall furnish the Secretary of State and the Clerk of Council of the City of Atlanta each a certified copy of the results of said election and a certified copy of his declaration declaring that a majority of the qualified voters voting at said election had approved and ratified this amendment. Ballots. Voting machines. Certification of results. Section 5. All the power and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included

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under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta. Extension of power and authority of City over territory added. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. PHOTOSTATIC EQUIPMENT, RECORDS, AND COPIES IN CERTAIN COUNTIES. No. 375 (House Bill No. 494). An Act To authorize the officers of any county of this State having a population of not less than 115,000 and not more than 170,000, according to the 1940 United States census or any future United States census, who have charge of records, including the Clerks of the several courts of such county, the Ordinary or Court of Ordinary of such county, and all other such county officers, to install and use photostatic equipment or other photographic equipment in recording and copying such records and in furnishing copies thereof; to provide that such equipment may be provided by the proper county authorities; to provide that any county within or coming within said classification shall continue to be subject to this Act notwithstanding any subsequent change in population; 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

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all officers of any county of this State having a population of not less than 115,000 and not more than 170,000 according to the 1940 United States census or any future United States census, who are charged by law with the duty of filing, recording and/or keeping records, including the Clerks of the several courts of such county, the Ordinary or Court of Ordinary of such county, and all other such county officers, may install and use photostatic equipment or other photographic equipment in recording, copying, and furnishing copies of, such records or any part thereof. Such equipment may be provided by the proper county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of law. Photostatic, etc., equipment for records and copies by officers in certain counties. Not mandatory; cumulative. Section 2. Be it further enacted by the authority aforesaid that all provisions of existing law relating to the filing, docketing, recording, keeping, copying, binding, indexing, certification, and the furnishing of copies of records, and those relating to fees of officers in connection therewith, shall, as far as may be, apply to such photostatic or photographic records and copies. Existing laws applicable. Section 3. Be it further enacted by the authority aforesaid that no provision of this Act shall be construed to change or repeal any rule of court or provision of law relating to records on appeal or review in the courts of this State. Construction of Act. Section 4. Be it further enacted by the authority aforesaid that any county within or coming within the class of counties set forth in Section 1 of this Act shall continue to be subject to the provisions of this Act notwithstanding any subsequent change in population. Continuing application of Act. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 28, 1947.

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CALHOUN COUNTY COMMISSIONERSQUARTERLY STATEMENT OF COUNTY EXPENDITURES. No. 376 (House Bill No. 513). An Act to require the Commissioners of Roads and Revenues of Calhoun County, Georgia, to make and publish quarterly statements of County expenditures; to provide that the expense for publishing same shall be paid from county administrative funds; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act it shall be the duty of the Board of Commissioners of Roads and Revenues of Calhoun County, Georgia to make up and publish quarterly an itemized statement of county expenditures. Said quarterly statement shall be published in the county paper wherein legal advertisements are run, provided the cost for publishing same can be had at a reasonable amount. Should the Commissioners be unable to contract with the county paper for publishing said itemized statements at a reasonable cost, it shall be the duty of the Commissioners to make up such an itemized statement of the expenditures and to post the same on the bulletin board before the courthouse door of said county. The cost of publishing said statement, in the event same are published in the county paper, shall be paid from county funds as a part of the administrative costs of the county. Publication in newspaper, or by posting. Cost. Section 2. That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved March 28, 1947. CARROLLTON CORPORATE LIMITS EXTENDED. No. 377 (House Bill No. 495). An Act to extend the corporate limits of the City of Carrollton three-fourths of a mile beyond the territorial limits now fixed by law under an Act approved August 18, 1908 (Georgia Laws 1908 pp. 527) so as to include

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all territory lying and being within one and three-fourths miles, in every direction, from the center of the public square in said City, where the old courthouse formerly stood; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same: Section 1. That from and after the passage of this Act the corporate limits of the City of Carrollton, in the County of Caroll, be and the same are hereby extended three-fourths of a mile from the territorial limits now fixed by law under an Act approved August 18, 1908 (Georgia Laws 1908 pp. 527), in every direction, so that the corporate limits of said city shall include all territory lying and being within one and three-fourths miles in every direction, from the center of the public square in said city, where the old courthouse formerly stood. Additional territory described. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. CITY-COUNTY BOARD OF HEALTH FOR MACON AND BIBB COUNTYPROPOSED CONSTITUTIONAL AMENDMENT. No. 378 (House Bill No. 388). An Act to propose to the qualified voters of Georgia and to the voters in the area directly affected an amendment to Article XI, Section I, Paragraph VI, of the Constitution of Georgia, so as to authorize Bibb County and the City of Macon to regulate the health of the county and city by and through a joint City-County Board of Health, and to ratify, validate, and confirm the original and amendatory acts of the General Assembly with respect to a joint City-County Board of Health for the City of Macon and Bibb County, including An Act of the General Assembly (Ga. Laws 1923 p. 735-738) and Sections 119, 120, 121, 122, 123, 124, 125, and 126 of an Act of the General Assembly

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(Ga. Laws 1927, p. 1350, 1351, 1352, and 1353) and an Act of the General Assembly of Georgia (Ga. Laws 1943, p. 265-266) and all rules and regulations promulgated pursuant to the authority therein contained; to provide for the submission of the amendment for ratification by the people; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows: Art. XI, sec. 1, par. VI. And except that the County of Bibb and the City of Macon may regulate the health of the County and City by and through a joint board of health created and existing under and by virtue of an Act of the General Assembly of Georgia (Ga. Laws 1923, p. 735-739) entitled `An Act to Amend the Charter of the City of Macon, and an Act approved February 6th 1873, creating a Board of County Commissioners of Bibb County, to create a Board of Health in and for the City of Macon and County of Bibb, defining their jurisdiction, rights, powers and privileges, and for other purposes', and Sections 119-126, both inclusive, of an Act of the General Assembly of Georgia (Ga. Laws 1927 p. 1283-1357) entitled `An Act to Reenact the Charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the Charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, and which Act and any and all Acts amendatory thereof, together with all rules and regulations promulgated thereunder, are ratified, validated and confirmed as of the respective dates of such enactments, rules and regulations; and an Act of the General Assembly of Georgia (Ga. Laws 1943 p. 265-266) entitled `An Act amending Chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification

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of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to County Boards of Health, by adding to said Chapter a new section to be known as Section 88-207, and providing that there be excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to Acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the Act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or County-wide health departments shall, in all other respects conform to Chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the State Department of Public Health and for other purposes, which Acts, as amended, together with all rules and regulations prescribed and promulgated pursuant to such authority are ratified, approved and confirmed as of the respective dates of their enactment and adoption. Joint Board of Health; ratifying and confirming acts of 1914, 1923, 1927, and 1943. Code Ch. 88-2, 88-207. Exceptions from provisions of Chapter. Acts, rules and regulations, approved. Section 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election, at which election members of the General Assembly are chosen, and in like manner cause the said amendment to be advertised in the City of Macon and County of Bibb. Publication. Section 3. Be it further enacted by the authority aforesaid,

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that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State and of the area directly affected thereby at the next General Election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, Vote at General election. For ratification of amendment to Paragraph VI of Section I of Article XI of the Constitution of 1945, authorizing a Joint Board of Health for the City of Macon and County of Bibb, Ballots. and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph VI of Section I of Article XI authorizing a Joint Board of Health for the City of Macon and County of Bibb. If the people, in the State as a whole, and in the City of Macon and County of Bibb, ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Proclamation. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. EAST POINT CORPORATE LIMITS EXTENDED. No. 379 (House Bill No. 530). An Act to amend an act entitled An Act to Create a New Charter for the City of East Point in the County of Fulton (Georgia Laws pp. 862 et seq.), etc., approved August

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19, 1912, and the several acts amendatory thereof, so as to annex substantially all of the unincorporated area of Fulton County west of Stewart Avenue and south of Lakewood Road to the City of East Point except where the City of Hapeville has water mains in Land Lots 99 and 100 of the 14th District of Fulton County; to provide for said annexed territory to become a part of the third ward of East Point; to provide that before this act shall become of force it shall have the approval of a majority of the qualified voters, who shall have been bona fide residents of the area hereby annexed for at least six months next preceding the passage of this act, voting at an election to be called for that purpose by the City Council of East Point; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the city limits of the City of East Point in the county of Fulton be and are hereby extended to embrace all of the territory and inhabitants therein located within a boundary line commencing at a point on the present east boundary line of the City of East Point 1400 feet north of the south line of Land Lot 100, and running thence east 350 feet, more or less, to a point 400 feet west of Springdale Road; thence in a straight line north 7325 feet, more or less, to a point 500 feet east of the center line of Sylvan Road and 200 feet south of Lakewood Avenue; thence west parallel with and 200 feet south of Lakewood Avenue 4100 feet, more or less, to the present city limits of East Point; thence southwest 3000 feet, more or less, along the present city limits to a point where the present city boundary line turns east; thence east 2500 feet, more or less, along the present city of East Point boundary line to a point where the present city boundary line runs south; thence south 350 feet more or less, along the present city boundary line to a point where the present East Point boundary line runs east; thence east 3100 feet, more or less, along the present city of East Point boundary line to a point where the present East Point boundary line runs south; thence south 4500 feet, more or less, along the present city limits of the City of East Point to the point of beginning, and all of said territory embraced within said

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boundary line, and the inhabitants thereof, are hereby annexed to and made a part of said City of East Point, and shall constitute a portion of the third ward of said city, subject to the government, jurisdiction, laws, ordinances, rules, and regulations of said city as fully and completely for any and all purposes as said city heretofore exercised over the territory and people heretofore embraced within the territorial limits of said city, and all of the territory, inhabitants and property within said annexed territory is hereby made subject to any and all duties and obligations of said city. Amended act of 1912 amended. Description of added territory. Authority of City over. Section 2. Be it further enacted by the authority aforesaid that the area annexed to the City of East Point by this act is hereby attached to and made a part of the third ward of said city. Made part of third ward. Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 28, 1947. COLUMBUS PENSION AND RETIREMENT SYSTEMAMENDMENT. No. 380 (House Bill No. 465). An Act, amending an Act approved March 24, 1937, entitled `An Act to amend the Charter of the City of Columbus, Georgia, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; to authorize said city to grant a pension or other compensation to the dependents of any officer or employee of said city where said officer or employee loses his life or health as the result of injuries incurred while actually engaged in the performance of his duties; regulating the granting of said pensions and prescribing the conditions under which they may be paid; prescribing and limiting the amounts of said pensions; repealing similar and conflicting provisions of the charter of said city relating to pensions; and for other purposes'; this

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amendment authorizing the Commission of the City of Columbus to adopt ordinances providing for compulsory retirement of officers and employees, or any classes of employees, of said city; for the fixing of the conditions and age of such compulsory retirement of officers and employees, or any classes of employees, of said city; for contributions by officers and employees, or any classes of employees, of said city, to a pension or retirement fund; the method of handling and administering said fund; for fixing the limit of the amount of said pensions or retirement benefits; said ordinances providing that such pension and retirement benefits based in part upon contributions by officers or employees, or any classes of employees, shall be compulsory and not voluntary upon the part of said city; providing that the officers and employees, or any classes of employees, contributing to said pension or retirement fund, shall have certain vested interest therein; providing that the Commission of the City of Columbus shall have full authority to adopt such ordinances and make such appropriations of city funds necessary to carry the provisions hereof into effect; and for 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 as amended by that certain Act of the General Assembly approved March 24, 1937, entitled An Act, amending an Act approved March 24, 1937, entitled `An Act to amend the charter of the City of Columbus, Georgia, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; to authorize said city to grant a pension or other compensation to the dependents of any officer or employee of said city where said officer or employee loses his life or health as the result of injuries incurred while actually engaged in the performance of his duties; regulating the granting of said pensions and prescribing the conditions under which they may be paid; prescribing and limiting the amounts of said pensions; repealing similar and conflicting provisions of the charter of said city relating to pensions; and for other purposes, be and it

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is further amended by adding to said original Act approved March 24, 1937, a new section, to be known as Section 10, and to read as follows: Sec. 10 added to act of 1937. Section 10. That in addition to the powers set forth in other parts of this Act, the City of Columbus shall have the power and authority to adopt ordinances providing for compulsory retirement of officers and employees, or any classes of employees, of said city; for the fixing of the conditions and age of such compulsory retirement of officers and employees, or any classes of employees, of said city; for contributions by officers and employees, or any classes of employees, of said city, to a pension or retirement fund; the method of handling and administering said fund; for fixing the limit of the amount of said pensions or retirement benefits; said ordinances providing that such pension and retirement benefits based in part upon contributions by officers or employees, or any classes of employees, shall be compulsory and not voluntary upon the part of said city; providing that the officers and employees, or any classes of employees, contributing to said pension or retirement fund, shall have certain vested interest therein; providing that the Commission of the City of Columbus shall have full authority to adopt such ordinances and make such appropriations of city funds necessary to carry the provisions hereof into effect. To read. Compulsory retirement of officers and employees. 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 of act of 1941. Section 3. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Approved March 28, 1947.

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TATTNALL COUNTY TAX COMMISSIONERREFERENDUM. No. 381 (House Bill No. 532). An Act to abolish the offices of Tax Collector and Tax Receiver in the County of Tattnall; to consolidate the offices of Tax Receiver and Tax Collector of Tattnall County; to create the office of County Tax Commissioner of Tattnall County, Georgia; to prescribe the rights, liabilities, and duties of said officer; to provide that the laws now in force applicable to the Tax Receiver and Tax Collector shall be of full force and effect as to the County Tax Commissioner, so far as the same are applicable; to provide that taxes due and all tax fi. fas. shall have full force and effect and be collectible as such; to authorize the Commissioners of Roads and Revenues to fix the salary of the Tax Commissioner at a sum not to exceed $4500.00 per year; to provide that the Tax Commissioner shall pay the salary of his assistants, and clerical force out of the salary fixed by the Commissioners of Roads and Revenues; to provide for a referendum and the effective date of this Act; to provide for the election of the Tax Commissioner and for the filling of vacancies; to provide that all fees, costs and commissions now accruing to the Tax Collector and Tax Receiver shall be collected by the Tax Commissioner and paid over to the County Treasurer to become tax funds; to provide the oath and bond for the Tax Commissioner and the payment of premiums due thereon; to provide for the levying of a tax to pay the salary and expenses accruing under this Act; to require the Tax Commissioner to make three trips into each district for receiving taxes and three trips into each district for collecting taxes during each year; to provide that he shall maintain an office at the courthouse and shall keep same open on all days except holidays and except while making trips for receiving and collecting taxes and that his office hours shall be from 8 to 12 with one hour of 12 to 1 for lunch and from 1 to 5 o'clock each day; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:

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Section 1. That the offices of Tax Receiver and Tax Collector of Tattnall County, Georgia, be and the same are hereby abolished, and the two offices are hereby consolidated into one office. Offices of Tax Receiver and Tax Collector abolished. Section 2. That the office of Tax Commissioner of Tattnall County, Georgia, is hereby created in lieu of said offices so consolidated and so abolished, and that the rights, duties, and liabilities of said office of Tax Commissioner of Tattnall County, Georgia, shall be the same as the rights, duties, and liabilities of the Tax Receiver and Tax Collector of said county, and that all laws applicable to said offices shall be applicable to the Tax Commissioner of said county, so far as the same can apply. Office of Tax Commissioner created. Section 3. That the Commissioners of Roads and Revenues of Tattnall County be, and they are hereby empowered and directed to fix the salary to be paid to the Tax Commissioner, which salary shall not exceed $4500.00 per annum. The salary so fixed for said Tax Commissioner shall be paid by the Commissioners of Roads and Revenues monthly from county funds. From said salary fixed by the Commissioners of Roads and Revenues the Tax Commissioner shall pay the salary of all assistants or clerical force employed by him. Salary. Section 4. That said Tax Commissioner shall have an office at the courthouse of said county and shall keep the office open each day except on legal holidays and except on days he is required to go into the several districts of the county for the purpose of receiving and collecting taxes. Said Commissioner shall open his office at 8 o'clock a.m. and keep same open until 12, and shall have one hour of 12 to one for lunch, and shall keep office open from one to 5 on each day other than days hereinbefore excepted. Said Tax Commissioner shall make three trips into each of the several districts of the county for the purpose of receiving tax returns, and he shall also make three trips into each of the several districts of the county for the purpose of collecting taxes. The County Commissioners of Roads and Revenues shall provide and furnish to the Tax Commissioner an office in the courthouse of the county and shall pay from county funds the expenses of said office, including stamps, stationery and other office supplies necessary for the performance of his duties as Tax Commissioner. Office. Rounds.

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Section 5. That all taxes due and payable, and all tax fi. fas. issued by the Tax Collector of Tattnall County, Georgia, outstanding at the time this Act shall become effective as hereinafter provided, shall have full force and effect and shall be collectible as issued. Taxes due. Section 6. That all fees, costs, commissioners and other compensation now or hereafter allowed by law to the Tax Receiver and Tax Collector of Tattnall County for receiving and collecting tax for the State and political subdivisions thereof, shall be collected by the said Tax Commissioner and all such funds so collected, shall be paid into the Treasury of the County of Tattnall as county funds subject to disbursement under orders of the Commissioners of Roads and Revenues. Fees, costs, etc. Section 7. That in the event said office becomes vacant by death, resignation or otherwise the vacancy shall be filled in the same manner as vacancies in the office of other county officers. Vacancy. Section 8. That before entering upon the duties of his office, said Tax Commissioner shall take the oath now prescribed by law for the Tax Collector and Tax Receiver, and shall at the same time give bond and security as prescribed by statute. The bond premium shall be paid by the Commissioners of Roads and Revenues of Tattnall County from county funds. Oath and bond. Section 9. The Tax Receiver and Tax Collector of Tattnall County shall continue in office and perform their duties as such until the end of their term for which they were elected, which terms expire on January 1, 1949. The Tax Commissioner shall be elected at the time of electing other county officers at the general election to be held in November, 1948, and shall assume the duties of his office as Tax Commissioner on January 1, 1949. Present Tax Receiver and Tax Collector. Election of Tax Commissioner. Section 10. The Commissioners of Roads and Revenues of Tattnall County are hereby authorized and empowered to levy and collect tax on all taxable property in Tattnall County, sufficient to pay the salary of said commissioner, his assistants, his clerical force and expense of office as herein provided. Authority to tax for Commissioner's salary. Section 11. Within 30 days after the passage of this Act,

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the Commissioners of Roads and Revenues of Tattnall County shall set the time for an election or referendum wherein this Act shall be submitted to the voters of Tattnall County for approval or disapproval. The election shall be held on or before January 1, 1948. Notice of the election or referendum shall be given to the voters of the county by publication of a written notice of the day of the election for 30 days prior to the election in the paper wherein legal advertisements of the county officers of Tattnall are published. The Commissioners of Roads and Revenues shall cause to be prepared ballots to be used in said election and the ballots shall have printed thereon the words, For the Act consolidating the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner, and the words, Against the Act consolidating the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner. All persons who are qualified to vote for members of the General Assembly shall be qualified to vote in said referendum. Should a majority of the voters voting in said election vote in favor of consolidation of the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner, then this Act shall become of force and shall become effective January 1, 1949. Should a majority of the voters voting in said election vote against consolidating the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner, then this Act shall become null and void and of no force or effect. Referendum. Section 12. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Approved March 28, 1947. BLACKSHEAR NEW CHARTER. No. 382 (House Bill No. 451). An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Blackshear, in the County of Pierce, and State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government

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therefor; to define the territorial limits of said City; to confer and define extraterritorial limits and jurisdiction; 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, rules and regulations of said municipality; to define the special powers and duties of the Mayor; to provide for elections of Mayor and Aldermen and define their qualifications, terms of office, their meetings and methods of appointing and electing officers and employees of said City, the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the results thereof; to provide for the selection of a Mayor Pro Tem, to define his qualifications, duty and term of office; to provide for registrars, to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, Mayor's Court, City Council, arbitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer, health officer, city attorney and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Blackshear; to provide for the reading and consideration of orders, ordinances, rules and regulations, how they may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes, to establish values, to appoint appraisers, to define their duties and qualifications, to provide for appeals from tax assessor's decision and to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and lane paving, to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien: to provide for sewer and water connections, the installation

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of sanitary equipment and fixtures, to provide penalties for refusal or noncompliance; to provide for extension of water and sewer mains and system; to provide for dog tax and treatment, prescribing the penalties therein; to provide for general police protection and sanitary and health measures and requirements; to provide for a street tax; to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to provide for and define a Mayor's Court, to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone or fire limits; to provide for public schools; to provide for hospital and treatment of sick; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic and railroad train regulations as well as speed, parking and travel; to provide for franchises; to provide for sales by officers and passage of title and possession; to provide stock laws; to define and provide punishment for vagrance; to provide for a cemetery; to provide for abatement of nuisances, the use of firearms and fireworks; to provide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sale, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Blackshear; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the City of Blackshear, its Mayor, Council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Blackshear, Pierce County, Georgia,

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hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Blackshear and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to the said City of Blackshear as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said City as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That said City of Blackshear, as a municipality, shall have perpetual succession and is vested with the rights to contract, and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, to have and use a common seal and do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said City, and to exercise such rights, powers, functions, privileges and immunities as ordinarily belonging to municipal corporations generally under the law as well as those hereinafter enumerated. City of Blackshear, corporation, rights, etc., continued. General powers. (a) Be it further enacted that said City of Blackshear as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said City of Blackshear as heretofore incorporated, and all existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the City as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however the City Council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein. Responsibility for debts, liability, etc. Rights, ordinances, etc., not inconsistent with Act, continued. Council's power as to ordinances, etc. (b) That said corporate body under the name and style of City of Blackshear shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy, and retain in perpetuity or for any term of years or dispose of in any manner known to law, any interest in any real or personal property of

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whatsoever kind or nature or description within or without the limits of the City of Blackshear for corporate purposes. The said City, through its Mayor and Council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the City or its citizens and specially to make contracts with public or private electric light or power plants, water works plants or gas plants or any other public convenience or necessary company for their products, service and convenience; to assess values of property, to levy and collect taxes, licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of this City. Other general and special powers of City. Contracts for welfare of citizens; electricity, water, gas, etc.; taxation, licenses; nuisances; control of streets, side-walks, etc. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Blackshear shall be as follows: Corporate limits. The City limits shall extend one mile in every direction from the center of the railroad crossing where Grady Street crosses the Main line of the Atlantic Coast Line Railrod Company and being known as the Squire Davis crossing located near the residence of O. S. Williams and being the same crossing as specified in former acts incorporating the City of Blackshear; said City of Blackshear and its territory shall be all the territory and space embraced in said area using a mile as a radius and the said point on said crossing as the center. Section 3. Be it further enacted by the authority aforesaid that for the purpose of protecting the peace, good order, morals, health, well being and property of said City and the inhabitants thereof, its corporate limits and its jurisdiction shall extend for one mile beyond its limits as now defined and specified in the preceding section, the primary purpose of this section is to grant power, and authority for police and sanitary purposes, within said zone thus created. The City Council, themselves, or through and by the City employees shall have the power and authority to abate and remove nuisances and any and all things that may be deleterious to the health, good order, peace, or well being of the City of Blackshear, to preserve order, to supervise and protect City property, to serve writs, warrants and

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other legal papers, to make arrests and do any and all other acts or things necessary to carry out the intent of this Section. Said City Council may exercise full police power of the State in said Zone and may adopt ordinances, resolutions and regulations as they may deem expedient for the purpose of regulating matters and people within said zone for police, sanitary and purposes aforesaid, as well as prohibiting, regulating and supervising all acts and things and various kinds of businesses therein which may tend to debauch or affect the morals, health or peace or become a source of disorder, disease or annoyance of the inhabitants of the City of Blackshear. Additional zone, limits and jurisdiction, for police and sanitary purposes. Nuisances. Police power. Writs, warrants, etc. Powers of Council. Section 4. Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said City of Blackshear shall be vested in a Mayor and six aldermen to the known as City Council. That the Mayor and Aldermen shall be elected from the City at large in the manner hereinafter provided. The term of the Mayor shall be for two years and the term of each Alderman shall be for two years. City Council, Mayor and Aldermen; election, terms. (a) The present Mayor shall continue in office as the Mayor of the City of Blackshear under this Charter until the expiration of the term for which he was elected, and until his successor is elected and qualified; and the present Aldermen of the City of Blackshear shall continue in office as Aldermen of the City of Blackshear until the expiration of the terms for which they were elected, and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights, powers, privileges and duties hereby conferred on the Mayor and Aldermen of the City of Blackshear created by this Act. Present officials continued for terms elected. (b) Be it further enacted by the authority aforesaid that the Mayor and Aldermen shall constitute the City Council of said city and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, railroad crossings, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, livery stables, sales stables, warehouses, storehouses, hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera

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houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts herefore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. Powers of Council enumerated. Not restrictive, but other powers included. (c) That said City Council shall have the authority and power to negotiate for loans, to borrow money on behalf of the City of Blackshear, to pledge the property and assets of said City as security, and to execute such and all instruments they deem necessary for any loan made to said City. Power to borrow money, pledge, etc. (d) That the Mayor and three Aldermen shall constitute a quorum for the transaction of any business before the City Council at its regular meeting, and the Mayor and four Aldermen shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes of those present shall determine all questions coming before council. Quorums; majority vote. (e) That said council shall hold regular meetings at least once a month at stated times and places in said city. Regular meetings. (f) That said City Council may hold such special meetings to be called by the Mayor, or in his absence by the Mayor Pro Tem, or if two or more Aldermen request the Mayor in writing that such a special meeting be called, it shall be mandatory upon the Mayor or Mayor Pro Tem in the absence of the Mayor to comply with such request. Notice of all special meetings of City Council shall be given each Aldermen when said officer is in said City and can be located. Special meetings. Notice. (g) That at any meeting any Alderman shall have the right to call for an aye and nay vote upon any question

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requiring action by council and such aye and nay vote will be taken if three Aldermen vote for same and the vote will be shown on the minutes of City Council. Aye and nay vote. (h) That all meetings of City Council shall be public and the public shall be allowed at all times to witness and hear the deliberations of City Council, except when City Council resolves itself by a majority vote into executive session then the public shall be excluded. Public excluded only from executive sessions. Section 5. Be it further enacted by the authority aforesaid that general elections of said City shall be held annually on the first Wednesday of December, the next genral election shall be held in 1947, and at such general elections City officials as are elected by the voters of said City at such elections will be elected to fill the vacancies in terms of office which expire on December 31 of the year of the general election. In the event a general election is not held for any reason at the regular time provided for herein, it shall be the duty of City Council to order a special election as early as practicable thereafter and said election will be held as a special election. General elections. Special election. Section 6. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said City. Said special election should be held as soon as practicable, and not less than ten days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper, and said special election to be held under the same rules and regulations as general elections. Vacancy, special election. Published notice. Section 7. Be it further enacted by the authority aforesaid that all elections general and special, or upon any question to be submitted to the voters of said City shall be held by at least three persons, citizens and electors of the City of Blackshear, who are qualified to hold and superintend city elections, the said election shall be held at the City Hall and at such other polling places as may be designated by City Council, the polls shall open at eight o'clock A. M. and close at six o'clock P. M., Eastern Standard Time, and no count of votes shall begin until after the polls are closed.

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The election holders or managers shall be appointed by City Council and shall take the following oath: Election managers; polls, procedure. We and each of us do solemnly swear that we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God. Oath. (b) The election holders or managers shall elect one of their number as chairman, and upon all questions coming before them a majority vote will determine the issue. Chairman, majority vote. (c) The said election managers shall determine who are voters from the voters' list prepared by the registrars of the City of Blackshear and shall keep an accurate record and tally of all votes cast in any election. After all votes are counted the election managers shall declare and publish the number of votes received by each person at said election and declare the results of said election. Appeal may be made from any official act of said election managers or to any election contest to City Council and if appellant is dissatisfied with the decision of City Council, he shall have the right to certiorari to the Pierce Superior Court. Managers' duties. Appeal from official acts. Certiorari. (d) All tally sheets the voters' lists and other records together with the ballots shall be given to the Clerk of said City for Council to dispose of as City Council deem proper. Ballots, tally sheets, records. (e) That all ballots shall be printed or written, and all protection to be afforded the elector so that he may cast a secret ballot. Ballots, form; secret. (f) That in the event that are two or more vacancies to be filled, each voter shall vote for all places to be filled and unless a ballot is so marked it shall not be counted. How vacancies to be voted for. (g) The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected. Declaring candidate elected. Certificate of election. (h) That City Council shall have the power and authority to adopt and pass any rules and regulations for the holding of City elections not inconsistent with this Charter, the laws of Georgia or of the United States. The details may be delegated to the election managers. Council's power as to elections. Details for Election Managers.

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Section 8. Be it further enacted by the authority aforesaid that the power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the City Council. They may, by ordinance or otherwise regulate and provide means and methods for said elections to be held. They may designate when, how, and under what conditions candidates for any city office may qualify, when the qualification will open and close and the fee connected therewith. Any person dissatisfied with the final decision of City Council with reference to any election may certiorari to Pierce Superior Court. Council's authority to supervise, regulate, etc., elections. Certiorari from such final decisions. Section 9. Be it further enacted by the authority aforesaid that the City of Blackshear shall provide and keep a book to be called the permanent registration book upon which all persons desiring to qualify as electors in and for said City of Blackshear shall be required to qualify by registering therein, providing however, that should the said City now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the City of Blackshear unless such elector has been removed from the voters list. It shall not be required of any citizen to register but once in said registration book except as provided above, and the list of voters for all elections shall be prepared from said permanent registration book, which list shall have thereon all the eligible electors for the City of Blackshear. Permanent Registration Book; registration; voters' list. (a) That the City Council shall appoint three citizens of Blackshear as registrars whose term of office shall end December 31 of each year and until their successors are appointed and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said City. The registrars shall elect a chairman from the board of registrars and shall revise and prepare a list of qualified voters before any election held in said City. Registrars; chairman. (b) The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior any election to be held by said City. Time of registration.

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(c) The registrars shall upon the close of registration as stated above immediately begin upon their duties and prepare said voters' list or list of qualified electors. They shall remove from said list the names of any person or persons who: Preparation of voters' list; what names to be removed. 1. Have died. 2. Have moved without the city limits. 3. Are otherwise disqualified to vote. (d) That when a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearing to be held not less than three days from date of service of notice and service may be made by personal service if the person lives within the limits of Blackshear, and by mail if the person resides without the city limits, or cannot be found if living within said limits. If any person is dissatisfied with the decision of said registrars at said hearing, he may appeal to City Council, then if he is dissatisfied with the decision of City Council he may certiorari to the Superior Court of Pierce County, Georgia. Notice as to removal; hearing. Appeal to Council. Certiorari. (e) The said registrars shall file the completed list of voters or electors in duplicate with the clerk of said City at least four days before any election and the said Clerk shall deliver the original of said list to the election manager before or the day of election. Completed list; filing; delivery to Election Manager. (f) That said registrars shall take the general oath required of the Mayor before performing any of their duties. Registrars' oath. (g) That City Council shall have authority and power to make all necessary ordinances, rules and regulations regarding registration of voters, preparing voters' lists, holding elections, publishing returns, issuing certificates of election and all other matters pertaining to the same. Council's powers as to registration and other election matters. Section 10. Be it further enacted that the Mayor of said City shall be the chief executive officer of the City of Blackshear. He shall see that all laws, ordinances, resolutions, and rules of said City are faithfully and fully executed and

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enforced, and that all officers of said City faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said City. He shall preside at all meetings of the City Council, and shall vote only in case of a tie vote of Council and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by Council, if in his judgment such ordinance, rule, resolution, or regulation is not to the best interest of said City. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of City Council by the affirmative concurring vote of two-thirds of the Aldermen present. The ayes and nays to be taken. In the event the Mayor does not approve or veto any ordinance, resolution, rule or regulation within five days after its passage and adoption by City Council, then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was approved by the Mayor. Mayor; duties and powers. (b) Be it further enacted that the Mayor and each member of Council before entering upon the duties of his office shall take and subscribe to the following general oath: I do solemnly swear (or affirm) that I will well and truly perform the duties of Mayor or Alderman (or as the office may be) of the City of Blackshear to the best of my skill and ability and as to me shall be to the best interest and welfare of said City, without fear, favor, or affection, so help me God. Oath, Mayor and other city officials. The foregoing oath shall be deemed sufficient and adequate for any city official. (c) Be it further enacted that the Mayor, or the Mayor Pro Tem or the senior Alderman when either the Mayor Pro Tem and such Alderman is acting as Mayor in case of disqualification or absence of the Mayor and Mayor Pro Tem, shall have the right to remit or reduce fines and to release any person or persons imprisoned by the City or serving under sentence imposed by a City official and to commute the sentence. Remitting or reducing fines; release from imprisonment. (d) That the Mayor of said City shall preside over all meetings of City Council, and at the Mayor's Court, and

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he shall have authority to convene the council in extra or special session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before said City Council, except in the election of officers and employees of the City and in cases of a tie vote of council. Other functions of Mayor. Section 11. Be it further enacted that the City Council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect an Alderman as Mayor Pro Tem; whose duties shall be to perform all the duties of Mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified Mayor as provided for herein. That in case of vacancy in the office of the Mayor, the Mayor Pro Tem shall perform all the duties pertaining to the office of Mayor until the next regular election, at which time a Mayor shall be elected for the unexpired term, if any. The Mayor Pro Tem when so acting shall be known as Acting Mayor. Mayor Pro Tem. Section 12. Be it further enacted by the authority aforesaid that any citizen of Blackshear shall be eligible for the office of mayor, or alderman who has resided in said State for two years and in said City twelve months immediately preceding the election. He must be over twenty-one years of age and must reside within the corporate limits of said City when he becomes a candidate for office, and remain a citizen during his term of office. Mayor, Alderman; qualifications. Section 13. Be it further enacted by the authority aforesaid that all ordinances, orders and resolutions shall be read twice at different sessions of City Council on separate days and a vote on said ordinance, order, or resolution cannot be taken until after the second reading and if passed, the same shall become effective as soon as approved by the Mayor or should the mayor veto the ordinance, order or resolution, then the same will have to be further considered as provided for herein. Should the Mayor allow more than five days to lapse after the passage of an ordinance, order or resolution without taking any action thereon then the same becomes operative as if approved by the Mayor. Ordinances, resolutions, etc. (b) All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept

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in appropriate books and records by the Clerk of said City open for reasonable inspection during office hours. Keeping in books and records. (c) That the City Council shall have the authority to have prepared and published in book, form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said City to be known as Code of the City of Blackshear, the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the City Council the same as ordinances and any section or part thereof under a certificate of the Clerk of said City verifying the same to be the Code of the City of Blackshear or any section or part thereof shall be admitted to record in any court of this State. City Code. Section 14. Be it further enacted by the authority aforesaid that the City of Blackshear is hereby granted the power and privilege of eminent domain, and the City Council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain. Lands. (b) The said City are authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the City. Taking of personal property. (c) Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said City and to open, lay out, and establish any new street, alley, lane, walk or square, any building or bridge, of whatsoever nature. The power and authority of eminent domain is granted to said City for these purposes and should eminent domain be exercised the laws of Georgia in force at the time eminent domain is exercised by the City shall govern the procedure. Powers as to streets, alleys, etc. Section 15. Be it further enacted by the authority aforesaid that there shall be a Clerk of Council, elected by the City Council, whose duty it shall be to attend each meeting

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of the City Council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of Council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the City Council in appropriate books. He shall be ex officio clerk of the Mayor's court of said City and keep records of said court. He shall issue all licenses, permits and receipts in the name of said City, to collect therefor and account for all funds so collected. He shall issue summons and writs when directed by the Mayor, any Alderman, city marshal, city police or city attorney, and to perform such other duties as he may be directed to do by the Mayor or City Council whether by rule, resolution or otherwise. Clerk. (b) There shall be a treasurer for the City of Blackshear, the Clerk of Council may also be treasurer, whose duty it shall be to receive and safely keep all moneys belonging to said city. He shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for specific purposes. He shall pay out money only when he is officially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said City of Blackshear and he shall perform all the duties of tax receiver and collector, including the issuance of tax fi. fas. and executions. He shall make general and specific reports when called upon by the City Council and his books shall be kept open for reasonable inspection during office hours. Treasurer. (c) There shall be a city marshal for the City of Blackshear, elected by the City Council, and he shall make levies for taxes and other executions issued by said City, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by City Council. Marshal. (d) That the City Council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, city physician,

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city attorney, city engineer, water works superintendent, cemetery keeper, and such other officers and employees as said City Council may deem necessary for the City of Blackshear. Chiefs of Police and of Fire Department; City Physician, Attorney, Engineer. Other officers and employees. (e) Be it further enacted, that the City Council may create or abolish, at their discretion, such 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 City Council may deem such to the best interest of the City. Each person elected or appointed by the City Council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the Mayor or City Council. Appeal may be made to the City Council if the person so dismissed or removed desired, and in the event his appeal is sustained by an affirmative vote of four members of Council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the Council, then his salary will cease effective at the time of his removal or dismissal by the Mayor or Council and he has no further recourse from the appeal except by certiorari to the Superior Court in and for Pierce County, Georgia. Creation or abolishment of offices; election and removal of officers. Appeal to Council. Certiorari. (f) Be it further enacted by the authority aforesaid that City Council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said City of Blackshear, including the Mayor and Aldermen. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of Council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the City Council. Compensation of employees. (g) That any official of the City of Blackshear may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the City Council for gross neglect of official duty, and shall have the right to

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certiorari to Pierce Superior Court if dissatisfied with the decision of City Council. Neglect of duty; punishment, removal. Certiorari. (h) That the City Council may audit or have an audit made of all or any part of the City records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Audits. Section 16. Be it further enacted by the authority aforesaid that the City Council is hereby granted power and authority to authorize any arresting officer of said City to take and accept bond for the appearance at police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the City of Blackshear owning property of a net unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Bonds after arrest. (b) In the event the principal appears in mayor's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. Return of cash; surety's release from liability. (c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the City. Should a bond with some person as security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi issue returnable to the next regular term of mayor's court against the principal and his surety, which shall be served by the city marshal or any policeman upon the principal and surety if either can be found at least five days before the returnable term. Service may be personal or by leaving a copy thereof at the residence of defendant and/or surety. If at such return term of mayor's court no sufficient cause is shown to the contrary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Execution and fi. fa. may issue to enforce the collection of the said judgment and

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when collected the funds are to be placed in the general funds of said City for its use. Bond forfeitures; procedure. (d) Should the principal, who is the defendant, fail to appear at the mayor's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by an arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the City of Blackshear for trial. Failure to appear, warrant, arrest. Section 17. Be it further enacted by the authority aforesaid that City Council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The City Council or the City Tax Assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return, and City Council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm, or corporation failing to make such return. Council's power as to taxes. Assessor's power. Tax penalty. Section 18. Be it further enacted by the authority aforesaid that City Council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the City of Blackshear, and to require each itinerate or irregular, or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the City of Blackshear to make application for a license or permit, and to pay a tax or license fee to the City of Blackshear. City Council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may exempt from the payment of the same by the laws of this State or of the United States, but City

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Council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the City of Blackshear. License taxes or fees. Section 19. Be it further enacted by the authority aforesaid that the said City Council shall have the right and power to raise necessary revenue to properly carry on the government of said city, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges, and drains of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the supression of crime, the maintenance of law and order, payment of debts of the city, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of City Council to add to the comfort, safety, convenience, benefit, health, advantage of said city and the citizens thereof, and for the improvement of said City as may in their best judgment be necessary and for other purposes, in order to properly carry on the city government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of the said City, as council may determine, subject under the law to pay such tax. Also to tax not exceeding five (5) per centum of the value on all the property within the corporate limits of said city; also to impose and collect such tax or license fee as the City Council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same

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by license or direct tax in such manner and by such methods as City Council may deem to the best interest to said city; but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said city. Power to raise revenue. General welfare and police powers. Street tax. Ad valorem and license taxes. Enforcement. Tax uniformity, etc. Section 20. Be it further enacted that every person, firm, or corporation owning property, real or personal, or otherwise, subject to taxation by the City of Blackshear, shall make a return of such property for taxation to the Clerk of said City, he being the Clerk of Council, or before the first day of April of each year. In the event such return is not made on or before April 1 of each year, then the Tax Assessors or City Council shall make the return, and penalties as may be provided for by the City Council shall be added to and considered as a portion of the taxes on the property so returned. Tax returns. Section 21. The mayor and aldermen of said City of Blackshear shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The City Council shall have authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due, and to fix a penalty for the nonpayment of taxes or any part thereof, to offer a discount for payment of taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the City of Blackshear, the same shall be a lien against all the property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the City Marshal or any other authorized by the laws of this State to make levy and sale. The City Marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Council's power as to tax returns, payment and penalty. Executions. Lien. Levy and sale. Section 22. Be it further enacted by the authority aforesaid that it shall be the duty of City Council each year before taxes and tax valuations are assessed and passed upon,

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to determine whether a Board of Tax Assessors shall be appointed or whether the members of City Council will act as tax assessors for the City of Blackshear. This action of City Council should be reflected in the minutes of City Council meeting. Tax Assessors Board or Council. Section 23. In the event City Council decides to appoint a Board of Tax Assessors for the City of Blackshear, it shall make such appointments on or before the regular April meeting of City Council, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the Board of Tax Assessors for the City of Blackshear shall have been a citizen of Blackshear for not less than two years prior to his appointment, shall be a freeholder and taxpayer of said City, shall not be less than twenty-five years of age at the time of his appointment, shall not be an elective officer of either the City, County, or State during his term of office as tax assessor. Each tax assessor shall prescribe to the following oath before entering upon the discharge of his duties: If Board of Tax Assessors. Qualifications. I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the City of Blackshear without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation in accordance with the law and with the ordinances of said City, and that I will make a just and earnest effort to apply the same rules as to value to all taxpayers and to equalize the values placed upon the properties of the several taxpayers, so help me God. Oath. Section 24. The Board of Tax Assessors shall consist of three members, they shall be appointed by City Council as provided for herein, they may elect one of their members as chairman, and use the services of the Clerk of City Council if they deem necessary. Any vacancy in said board may be filled by City Council for the unexpired term. A majority of the board is a quorum and two affirmative votes are necessary to carry a motion or to take affirmative action. Personnel of Board. Quorum, voting. Section 25. It shall be the duty of the Board of Tax Assessors for the City of Blackshear to carefully examine all returns of both real and personal property of each taxpayer

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in the City of Blackshear, and if in the opinion of the board any taxpayer has omitted from his return any property which should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deem to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before finally fixing the value of any such property it shall be the duty of such member of the board to familiarize himself with the properties included in such return, and if necessary in order to familiarize themselves with such property within the limits of said city to view the property themselves. It shall be the duty of said board to see that all taxable property within the limits of said City is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between individual taxpayers are fairly and justly equalized, so that each taxpayer shall be called upon to pay as near as may be, only his proportionate share of the taxes. The said board shall pass upon all returns submitted in said City of Blackshear within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the taxpayer shall stand approved as proper return of said taxpayer for that year. Duties of Board. Section 26. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said City to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by City Council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property, or his agent, and the same rights as to hearings and arbitration accorded each owner as provided in this Act in cases where the board of assessors changes a return submitted by a taxpayer. Defaulting owners; penalty. Notice. Section 27. In all cases where a change is made by the Board of Tax Assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change

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made in the return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing. In cases of nonresidents, notice shall be served by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Blackshear shall be sufficient service. Notices to residents of the City of Blackshear shall be personal, providing the person is within the city limits, and if he cannot be found, then service shall be made as provided for nonresidents. On the date and at the time set by said notice, unless said hearing is continued by the board, and notice is likewise served in writing as provided for herein, the said board shall meet and hear any complaint from the taxpayer as to the changes made. The valuations placed upon all items of property in said return by the taxpayer which are not increased or changed by the said board in their first instance shall be considered as approved by the said board as correct, and said valuations shall after approval by the board be final fixed by such approval as the true and correct valuation of all such items for the year for which the return was made. Only the items which have changed or added may be considered at said hearing. If upon the hearing accorded to the taxpayer as to those items which are changed or added by the board, and the consideration of the matter the board does not assess a valuation upon the items changed which is satisfactory to the taxpayer, the latter shall have the right to file with the City Council of Blackshear a written request that the valuation placed upon the items changed or added by the board of tax assessors from the original return thereof be reviewed by the City Council and a true and correct valuation fixed by the City Council. Such written notice shall be filed with the Clerk of the City of Blackshear within five days from the decision of the board of tax assessors on the hearing of the taxpayer. The said notice shall set forth the items of which the taxpayer is dissatisfied and for which he wishes the City Council to review. The City of Blackshear likewise has the privilege of appealing from said Board of Tax Assessors' decision to

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the City Council by giving five days' written notice to the taxpayer setting forth the items upon which the appeal is made. The City Council shall at its next regular or called meeting after said notice is duly filed providing said meeting is more than five days from the time the notice was filed, hear and consider the complaint made and raised by said notice. The taxpayer shall be notified of the time and place of council meeting. The City Council shall have full and complete power to investigate the valuations placed on the items objected to as stated by said notice, and may make this investigation by any means City Council desires to effect and ascertain the true market value of the items specified in such notice or appeal may be considered by the City Council, and the balance of the return will be considered as correct and conclusive. The City Council shall notify the taxpayer of its decision and such notice shall be in writing. Changes in returns. Notice. Hearing. Taxpayer's right of review. Procedure. City's right of appeal; notice. Council's powers; procedure, notice of decision. Section 28. In all cases where the taxpayer is dissatisfied with the valuation placed upon the item or items of property upon which a hearing before council was held on as set forth herein, the right to finally determine the fair market value of such property by arbitration shall be granted. Any taxpayer desiring arbitration in said matter shall within five days from the time of the decision is made and notice is served upon him by City Council file with the Clerk of the City of Blackshear a written notice setting forth his dissatisfaction with the valuations placed on the property, naming the items upon which arbitration is desired, and shall at the same time name a resident and freeholder of the City of Blackshear as an arbitrator. As early as possible, and not later than the next regular meeting of City Council, the City of Blackshear shall name a resident and freeholder of the City of Blackshear as an arbitrator. The two arbitrators so named shall select a third resident and freeholder of the City of Blackshear, and the three arbitrators thus selected shall meet within twenty (20) days and fix the valuation of those items of property upon which the taxpayer has demanded arbitration. The decision of the majority of the arbitrators shall be binding and the decision shall be final and without appeal. Arbitration as to valuation. Arbitrators; decision. Section 29. Before entering upon their duties as arbitrators,

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each shall take an oath that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case. Notice shall be furnished to both the taxpayer and the City of Blackshear of the time, place and hour of the hearing to afford all concerned an opportunity to make his or its appearance to be heard. The compensation of said arbitrators shall be the sum of three dollars each, which shall be borne equally by the taxpayer and the City. Arbitrators; oath; notice; compensation. Section 30. In the event that the City Council of Blackshear shall in any year act as tax assessors and do not appoint a Board of Tax Assessors, the same rules and regulations shall apply to the City Council as applies to the Board of Tax Assessors. All rights and privileges granted to the taxpayer as to a hearing before the City Council, and thereafter to arbitration, shall apply and be in force when the City Council themselves are the Board of Tax Assessors, and notices, and service shall be given and made the same as if a board of three tax assessors had acted as provided for herein. If Council shall act as Tax Assessors. Procedure; rights. Section 31. The Board of Tax Assessors shall not pass upon the valuation of property owned by any member of the board, but the City Council shall pass upon these returns and the same privileges are granted to members of the Board of Tax Assessors to make appeal and to arbitration as provided for herein. No rights shall be withheld from the member of the Board of Tax Assessors for such appeal or arbitration. Valuations of property of Board members. Section 32. If any rule is adopted by any Board of Tax Assessors or by Council acting as tax assessors as to the method of reaching valuations of the property in the City of Blackshear, the same shall be applied to all the taxpayers of the City, and shall be taken into consideration by the arbitrators. It shall be the duty of the arbitrators to make investigation into any rules or regulations made and adopted by the board of assessors or the City Council in determining the values of property and apply these rules to the property they have under consideration during the arbitration. Rules to be considered by Arbitrators.

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Section 33. Be it further enacted by the authority aforesaid that the City of Blackshear is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the City may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the City. Executions for taxes and other obligations. (b) The said execution of fi. fa. shall issue in the name of said City by the Clerk of Council or other official designated by City Council, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm or corporation against whom the execution or fi. fa. is issued. The same may be recorded in the records of the Clerk of Pierce Superior Court and shall have the same dignity as an execution or fi. fa. issued from Pierce Superior Court. Issuance; lien, record, dignity. (c) The City of Blackshear is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the Mayor of said City is authorized to hear and grant orders for sale of personal property so levied upon, and personal property may be sold after advertising the sale for ten days by posting notices at the City Hall and two other public places. Perishable property or personal property where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the City Hall and two other places for three days. The marshal of said City, unless some other official is designated by City Council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchases in possession. Levy and sale. Procedure. Perishable or personal property. Marshal to make levies, etc. (d) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Pierce Superior Court. Plea of illegality. Section 34. Be it further enacted by the authority aforesaid that the City Council of the City of Blackshear shall

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have full power and authority to pave, repave, curb, recurb, grade, regrade, repair or improve any or all of the sidewalks of said City and assess any portion of the entire costs of such paving, repaving, curbing, recurbing, grading, regrading, repairing, or improving against the abutting property and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by the said City Council; also to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair, or otherwise improve for travel and drainage any or all of the streets, alleys or ways of the City of Blackshear, and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, repairing or other improving against the abutting property and the owners thereof, prorated as to each according to lineal feet fronting of abutting property on the improvement area or value of the abutting property, one or more or all, as may be determined by said City Council; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb, or otherwise improve the widths of the tracts and between the tracks and on the sides of any railroad or railroads running through or across the streets, alleys, ways or lanes of said City of Blackshear, and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving, macadamizing, remacadamizing, curbing or recurbing, against any property in said City or any part thereof of the railroad company or railroad companies whose railroad runs across or through the streets, alleys, ways or lanes of said City, and against said railroad company or companies; to grade, regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on any property in said City owned by Pierce County, and assess any portion or the entire cost of such improvement against the abutting property of Pierce County and against Pierce County, according to the lineal feet frontage of such abutting property on said improvement, or according to the area or value of such abutting property, one or more or all, as may be determined by said City Council; and also to provide for the enforcement and collection of assessments from such abutting or

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other property and the owners thereof by execution issued against such property and such owners. Paving, curbing, etc., sidewalks, streets, etc. Assessment of cost. Collection of assessments. Section 35. Be it further enacted by the authority aforesaid that said City of Blackshear through its City Council shall have all power and authority to adopt by ordinance or otherwise such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and prorating the same against abutting and other real estate, or any part thereof, and the owners of such real estate according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according to the area or value of said real estate, one or more or all, as may be determined by City Council. Equalizing, prorating, etc., of assessments on real estate. Section 36. Be it further enacted by the authority aforesaid, that the amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said City Council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the Clerk of Council of said city against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws and ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by said City and redemption by the owners as provided by existing laws. The defendant in any execution shall have the right to file an affidavit of illegality denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said City shall be returned to

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the Superior Court of Pierce County, and there tried and the issue determined as in case of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. Lien of assessment; execution; collection procedure. Purchase and redemption. Affidavit of illegality. Section 37. Be it further enacted by the authority aforesaid that the City Council shall have the authority to issue liens for any balances due or which may become due for such improvements as specified hereinbefore, and that the liens of said executions shall be coequal with the lien of executions for taxes, prior to and superior to all other liens against said real estate, and such liens shall continue until said assessments and executions thereon shall be fully paid. Liens for balances due for such improvements. Section 38. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Ordinances as to rules and regulations, regarding such improvements, assessments, etc. Section 39. Be it further enacted by the authority aforesaid, that the City Council shall have the authority and power to prescribe by ordinance or otherwise such notice to abutting property owners as may be proper, and for hearing complaints from such property owners, as may be requisite under the law. Ordinances as to notice to and complaints of abutting owners. Section 40. Be it further enacted by the authority aforesaid that the City Council shall have the authority in the name of the City of Blackshear to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement, and shall have the authority to issue street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the City of Blackshear, but shall be payable solely from assessments made against real estate under the provisions of this Act, and sell

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the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semi-annually, as may be determined by City Council. Said certificates or bonds shall be signed in the name of the City of Blackshear by the Mayor, attested by the Clerk of Council of said City, and shall the corporate seal of said city affixed thereto. They shall be payable to bearer at such place as may be designated, and shall be based upon the executions issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the Clerk of Council in records to be provided for that purpose, and certificates of registration by the Clerk of Council shall be entered and endorsed upon each of said certificates or bonds so registered. Executions for assessments against abutting property and owners. Street improvement certificates or bonds. From what payable; sale, negotiability; amounts, interest. Form, signature. Delivery to contractor. Registry with Clerk. Section 41. Be it further enacted by the authority aforesaid that the City Council shall have power and authority to prescribe the terms of payment, the rate of interest, and the time and place of payment of assessments made for street and sidewalk improvements under this Act, and executions issued thereon to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street improvement certificates or bonds issued by virtue of the provisions of this Act, and to use such monies so collected for such purpose and for the payment or other expenses incident to such street improvements. Council's powers; terms, times, etc., of payment, street and sidewalk assessments, etc. Pledges. Use of monies. Section 42. Be it further enacted by the authority aforesaid the provisions of this Act shall likewise apply to any new sewer or water lines or mains the City of Blackshear through its City Council may deem necessary to construct or rebuild; and the City Council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said city as vested in them by this Act as to paving, repaving, curbing and otherwise improving

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the sidewalks and streets of said city, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said city to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvements certificates or sewer improvement bonds, or water improvement certificates or water improvements bonds, sewer and water certificates or sewer and water bonds, as the case may be. Sewer and water lines. Application of act to. Sewer and water improvement certificates and bonds. Section 43. Be it further enacted by the authority aforesaid that no paving or repaving of any of the streets of the City of Blackshear or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said City shall be undertaken by the City Council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said City Council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners of property, determined as aforesaid, within fifteen days after the publication in any newspaper in the City of Blackshear of a notice by the Clerk of the City Council of Blackshear that an improvement project is contemplated, naming the street or streets, or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by the filing of a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the streets or street, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said City Council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement project

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contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then the said City Council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which ordinance shall be published one time in any newspaper published in said City of Blackshear, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Consent of owners, majority of property, necessary. How determined. Procedure. Other determination. After determination as to improvements. Procedure. Conclusive presumption against owners. Section 44. Be it further enacted by the authority aforesaid, that the City Council shall have the power and authority to issue bonds of said City of Blackshear at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of five per cent per annum, and not to run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the City Council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds will be attested by said City Clerk of Blackshear under the corporate seal of said City of Blackshear, and shall be negotiated in a manner determined by said City Council to be to best interest of said City, provided however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters at an election held for that

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purpose, under and in conformity with the general laws of the state governing the issuance of bonds by a municipal corporation. Bonds; issuance, form, nature; procedure. Referendum. (b) The said City Council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said City at such time or times as they deem best for purpose of issuing bonds for the improvements designated in this Act. And said City Council shall provide how said public debt may be paid and shall constitute a sinking fund for said purpose. Council's power to order bond elections; how debt to be paid; sinking fund. Section 45. Be it further enacted, that said City, by and through its City 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, the prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities 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. Revenue-anticipation certificates. Section 46. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to require and compel all toilets, baths, water closets, urinals, and privies within the corporate limits of the City of Blackshear to connect with and drain in the sewerage mains and sewer pipes of said City, except where such fixtures or the building in which they are located may be more than five hundred (500) feet from any sewer main of said City. That should the owner of the property upon which is located any such toilet, bath, water closet, urinal or privy fail and refuse to make the sewerage connections as referred to herein within thirty days after being requested by said City, then such property owner may be punished as may be provided for by the City Council. The City of Blackshear may make or have made the sewer connections and the costs thereof shall be assessed against the property and owner of such property upon which such

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fixtures are located and the collection of such assessment may be made by said City in the same manner and method as well as the same defenses by the property owner as are now authorized in the collection of taxes by said City. Connection of toilets, baths, etc., with sewer pipes. Violation, punishment. Cost if City makes such connections. Collection. Section 47. Be it further enacted that the City Council of Blackshear shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes within the limits of said City to install therein water closets and toilets sufficient to meet the need of the occupants, tenants, employees and patrons of such stores, restaurants, banks, business houses and other enterprises and connect said water closets and toilets with the sewer mains of said City under the terms of and in accordance with and subject to all laws now in force in said City applicable thereto. In the event of refusal by the property owner within thirty (30) days after requested to so do by the City to install and connect the fixtures referred to herein, the City may make or have made such installation and connection and issue execution against the property owner for the costs and expenses thereof, with the same priority of lieu of such execution and with the same right to owner to file affidavit of illegality to such execution as provided for the collection of taxes by said City. Power to compel owners of stores and other buildings to install toilets, etc., and connect with sewers. City's right after refusal. Cost; execution; lien; illegality. Section 48. Be it further enacted by the authority aforesaid that the City shall have the right and privilege of extending the water and sewerage mains and system or either and when extended the above sections shall apply to the area within the corporate limits of said City where such extensions are made. Water and sewer extensions. Section 49. Be it further enacted by the authority aforesaid that the City Council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the City of Blackshear, and shall have the power and authority to pass such ordinance as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of Blackshear to impound or kill any dog or dogs at large within the corporate limits of

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Blackshear whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Dogs. Tax. (b) That City Council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated. Inoculation against rabies. Section 50. Be it further enacted that the City Council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said City places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said City by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the City from street tax; to protect the person or property of the citizens of said City; to regulate and control public meetings and public speaking in the streets of Blackshear; to contribute and support any work for the physical and moral uplift and benefit of the people of this City; to prevent the obstruction of the streets of said City, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside of the City limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Welfare, police, and other powers. Section 51. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the City Councilmen of the City of Blackshear may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the City for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other

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uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages The zoning regulations may be based upon any one or more of the purposes above described. The City may be divided into such number of zones or districts, and such districts may be of such shape and area as the Mayor and Aldermen of said City shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety order, morals, convenience, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning and building ordinances and regulation. Zoning. Section 52. Be it further enacted by the authority aforesaid that the City Council shall have authority to establish a city jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safe keeping and that said City shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said City. The presiding officer at the Mayor's Court is granted authority to sentence any person convicted of the violence of any ordinance or law of said City to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. City Council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. City jail, public-works gang and camp. Mayor's Court. Section 53. Be it further enacted by the authority aforesaid that the Mayor's Court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than 5 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and

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authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that City Council may have the same rights as Mayor's Court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the Clerk of Council and levied as other executions. Powers of Mayor's Court. Powers of Court and Council as to contempt. Executions for fines. Section 54. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of Mayor's Court shall be had to the Superior Court of Pierce County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Certiorari from Mayor's Court. Section 55. Be it further enacted by the authority aforesaid that the City Council is vested with power and authority to establish fire limits of fire zones in said City, and to prohibit the erection or remodeling of any wooden building or other structures as will, in the opinion of said City Council, increase the fire risks in such part or parts of the City of Blackshear as they may designate fire limits or fire zone. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words house and building as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires. Fire. Limits, zones; buildings; control and regulation. (b) City Council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits, and the manner in which materials may be used in erecting or repairing or remodeling such house or building. Kind and use of building materials. (c) City Council shall have supervision and control of all warehouses, buildings and places where materials or property of an inflammable nature are stored, and may by ordinance provide suitable restrictions, rules and regulations for the operation, storage and conduct around and near such places. Inflammable materials or property. (d) That said City shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said City limits whenever in their discretion

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it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other thing or matter that in Council's opinion will endanger the City or any property therein as to fire. Removal, repair, etc., of certain structures or things, to protect health, and against fire. (e) That City Council may summarily declare any building structure or house dangerous when the same appears to City Council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health of said City or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease or sickness. This may be so declared by City Council instanter and they may summarily condemn it and cause it to be torn down or destroyed with or without the contents therein, so as to prevent the introduction or spread of infectious diseases. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this Section, the City of Blackshear in its corporate capacity shall be liable to the owner thereof only for the actual cash value thereof and shall not be liable for any prospective damages in connection therewith. Nuisances; dangerous structures. Section 56. Be it further enacted by the authority aforesaid that the City of Blackshear is hereby granted the power and authority to establish, conduct, supervise, and maintain a public school of such grades and education as it deems necessary, to employ and pay teachers and other employees for such school, to establish branches of such school, to own, erect, and maintain suitable buildings for such, to equip said school buildings, and do all other things and acts incident to the establishment, maintaining and conducting a system of schools for said City, including levying and collecting taxes therefor. Public-school system; teachers, buildings, etc. Taxes therefor. Section 57. Be it further enacted by the authority aforesaid that City Council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general hospital in said City, and to levy a tax, to collect a tax and to appropriate funds from either

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general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital. General hospital. Tax. Section 58. Be it further enacted, that the Mayor and Aldermen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the City for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the City may be used free for such purposes; and also to make appropriations and payments from the general funds of the City for the purpose of advertising said City and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the City, and also for making contributions to any board of trade or chamber of commerce, or like body in said city, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the City. The said City is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Blackshear, however this exemption can not exceed five years. Appropriations for public conventions and meetings; use of City's buildings. Advertising City. Contributions for these and other purposes. Exemption of new business from tax. (b) The said City is authorized to receive any funds, property or other thing which may be offered as a donation or gift to the City or for public use and enjoyment. Gifts to City. Section 59. Be it further enacted by the authority aforesaid that the City Council is granted power and authority to enact such ordinances, resolutions, rules and regulations it deems necessary regarding the establishment of subdivisions of land within the City limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in Blackshear to file a plat or map of same with the Clerk of the City Council and all streets, sidewalks, lanes and alleys shown on said plat or map are declared to be and are dedicated to public use and become the property of the City of Blackshear. Land subdivisions; filing plat; dedication of streets, etc. Section 60. Be it further enacted that the City Council of the City of Blackshear shall have power to authorize

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the Marshal or any policeman of said City to summons, orally or otherwise, any bystander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinance of said City or law of this State, and to provide for any person or persons failing or refusing to obey said summons. Such person or persons assisting the Marshal or policeman are hereby granted the immunities and priviliges of a regular policeman of said City. Arrests; assisting officer. Section 61. Be it further enacted that the City Council shall have power and authority to require any person, firm or corporation to obtain from said City written permit to build, erect, repair or remodel in said City any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The City Council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The City Council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building, repair, etc., permits. Application. Materials. Violations. Section 62. Be it enacted by the authority aforesaid that the City Council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said City and upon the streets, railroads, alleys, or other places in said City. Automobiles, buses, etc.; regulation. Section 63. Be it enacted by the authority aforesaid that the Mayor and aldermen shall have power and authority to grant franchises, easements, and rights of way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks and other property of the said City. The City Council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances. Franchises, easements, etc. Ordinances. Violations. Section 64. Be it enacted by the authority aforesaid that

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all sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The City of Blackshear may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. The City may also sell and convey title to any property owned by it, upon ordinance or resolution passed by City Council. Execution sales; title; purchase and conveyance by City. Section 65. Be it further enacted, that said City Council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said City; also to levy a tax on each dog in said City running at large, not to exceed two dollars a 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, including the advertising and sale of such animals which may be impounded. To assess fees and costs therefor and provide for the collection and payment thereof. Animals at large; dog tax; ordinances; advertising, sales, fees and costs. Section 66. Be it further enacted, that all unliquidated claims against said City of Blackshear 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. Unliquidated claims against City; presentation. Section 67. Be it further enacted that the City Council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the City of Blackshear to provide for and to punish any person or persons found guilty of loitering or vagrancy. Loitering, vagrancy. Section 68. Be it further enacted that the City of Blackshear shall have the power and authority to own, acquire, control, and maintain property in or near said City for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and prescribe such rules and regulations as the City Council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemetery. Section 69. Be it further enacted that the City Council

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shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said City, providing however this section shall not apply to any citizen when defending or protecting his person or property. Firearms, fireworks, etc. Section 70. Be it further enacted that the City Council may declare what shall be a nuisance in said City, and provide for the abeyance of the same. The City Council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said City; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at an expense or cost to the City of Blackshear and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made for such payment, then the clerk of the City of Blackshear shall issue execution in the name of said City for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the Superior Courts of this State. Nuisances. Section 71. Be it further enacted that the City Council shall have full power and authority to establish a fee-bill for the officers of said City, such fees when collected, to be paid into the City Treasury and that until, and unless, changed by ordinance the same fees shall be charged and collected by the said City officers in so far as applicable, as is now provided for sheriffs and clerks of the Superior Courts of this State. The Clerk is authorized to issue execution for the nonpayment of past due or delinquent unpaid fees. Fee-bill for City officers. Collection. Section 72. The City Council are authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said City. The City Council are authorized and empowered to make contracts for the purchase of electric energy, power and current for

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its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the City Council may deem necessary. That the said City shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purposes as provided for in this Section. Water, gas, lights, and other utility services. City's powers. Contracts for. Purchase, etc., of rights of way and easements. Section 73. Be it further enacted that the City Council shall have power and authority to prevent or regulate the carrying on during the Sabbath day of all business of whatever nature in any manner they may see fit not contrary to the laws of this State; to prohibit all games and amusements within the City limits not consistent with the proper observance of the Sabbath Day. Sabbath. Regulation of activities. Section 74. Be it further enacted by the authority aforesaid that City Council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the City limits or within the extra mile limit without the City limits as referred to herein where the sale, storage, or possession of malt or alcoholic beverages or drinks have a tendency to adversely effect the moral, physical or health conditions of said City or the inhabitants thereof. Malt or alcoholic beverages. Section 75. Be it further enacted by the authority aforesaid that the mayor of said City shall have the power and authority to hold a court to be known as Mayor's Court at such time and place in said City as he or the City Council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the by-laws, rules, regulations, ordinances, or laws of said City. Mayor's Court, Mayor. (b) The mayor is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said City and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed two hundred dollars, or by confinement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the Mayor or City Council, not to exceed sixty days, or by labor on the streets or public works of said City under the control, supervision and discretion of the proper officers not to exceed four months.

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The Mayor, may sentence the defendant to either one or more of said penalties or any part hereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The Mayor may also require that the costs of prosecution shall be paid by the defendant. Trials. Punishment. Costs. (c) It shall be a sufficient description of the punishment to be inflicted for the violation of any bylaw, rule, regulation, ordinance or law of said City for the City Council thereof to say in such bylaw, rule, regulation, ordinance, or law that the violation thereof shall be punished as provided in Section Seventy-five of this Act, (or the present or former rules, regulations, bylaws, ordinances or laws by reference to Section Forty-one of the Act of 1911), referring to it by number, without setting it out in full or detail in the ordinance, bylaw, regulation, rule or law, if they so choose. Description of punishment in ordinances, bylaws, etc. (d) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said Mayor's Court, the same may be enforced and collection by an execution issued by the Clerk of Council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. Collection of fine or costs. (e) The City Council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in Mayor's Court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the City Council, the charges for costs shall be the same as are now or as may be lawfully charged in Superior Courts of this State. Council's power to provide as to costs. Costs if Council does not provide. (f) The Mayor of said City shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, state or city, committed within the City limits of said City. Said warrant may be served by the marshal or police of said City or by any other arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said City. Offenders so arrested may be carried before the Mayor, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaw, ordinance or law

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of said City has been violated, then the Mayor may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the Mayor may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State Courts then all papers should be delivered to the clerk of the court to which the accused was bound over. Mayor as Ex Officio Justice of Peace. Warrants, arrests; binding offenders over; bail, commitment. (g) That the Mayor Pro Tem may serve as the mayor when the Mayor is absent, disqualified, or unavailable to serve, and should both the Mayor and Mayor Pro Tem be absent, disqualified or unavailable to serve, then the Alderman with the longest service as Alderman of said City may serve as presiding officer at Mayor's Court. When Mayor Pro Tem. or Alderman to preside at Court. Section 76. Be it further enacted by the authority aforesaid that the sections and provisions of this Charter and Act are severable and were so enacted by the Georgia General Assembly and should any section, or any part thereof be held contrary to the Constitution or laws of the State of Georgia or of the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect. Provisions of Act severable. If part unconstitutional. Section 77. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict with this Act be and the same are repealed. Approved March 28, 1947. CITY COURT OF BRUNSWICKSALARY INCREASES. No. 383 (House Bill No. 504). An Act to amend an Act creating a new City Court of Brunswick, approved March 9th, 1943, so as to increase the salaries of the Judge and Solicitor of such Court, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

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Section 1. Section 4 of an Act approved March 9, 1943, creating a new City Court of Brunswick (Georgia Laws 1943, pages 702 et seq.) is hereby amended by striking from the said Act the following: Part of sec. 4 act of 1943, stricken. The judge of said Court shall receive a salary in the amount of Five Thousand ($5,000.00) Dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Glynn, and substituting in lieu thereof the following: The judge of said Court shall receive a salary in the amount of Six Thousand ($6,000.00) Dollars per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Glynn, so that from and after the approval of this Act the Judge of the City Court of Brunswick shall be compensated monthly out of the treasury of the County of Glynn at the rate of Six Thousand ($6,000.00) Dollars per annum. New provision. Increasing Judge's salary. Section 2. Section 7 of the said Act is amended by striking therefrom the following: Said Solicitor shall be paid a salary in the amount of One Thousand Eight Hundred ($1,800.00) Dollars per annum, which shall not be increased or diminished during his term of office, except to apply to a subsequent term, and which shall be paid monthly out of the treasury of the County of Glynn; provided, however, for the duration of the war and six months thereafter, in the event such war is being waged at the time this Act becomes effective, the salary of said Solicitor shall be in the amount of Three Thousand ($3,000.00) Dollars per year, payable as above set out and inserting in lieu thereof the following: Part of sec. 7 stricken. Said Solicitor shall be paid a salary in the amount of Three Thousand ($3,000.00) Dollars per annum, which shall not be diminished during his term of office, except to apply to a subsequent term, and which shall be paid monthly out of the treasury of the County of Glynn, so that said Solicitor shall receive from and after the approval of this Act compensation at the rate of Three Thousand ($3,000.00) Dollars per annum. New provision. Increasing Solicitor's salary.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1947. ANNUAL STATEMENTS OF INSURANCE COMPANIES TO COMPTROLLER GENERAL. Code 56-403 amended. No. 384 (House Bill No. 255). An Act to amend Section 56-403 of the Code of Georgia of 1933 by striking therefrom the provisions requiring insurance companies to make semiannual statements to the governor and to publish a duplicate of the short form report made to the governor; to require all such insurance companies to file with the Comptroller General annual statements on the first day of January or within sixty days thereafter and to publish a report in short form of income, assets, and expenditures and liabilities in gross as of the 31st day of December of the preceding December; to repeal all laws and parts of laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 56-403 of the Code of Georgia of 1933 is hereby amended by striking therefrom the following words: Said statement and license must be renewed annually on the first day of January, or within 60 days thereafter, and must show the condition of said company on the 31st day of December. In addition to this statement, all companies, including cooperative or assessment life insurance companies doing business in this State, shall, through their chief officer or agent residing in this state, make to the governor semiannual statements on the first day of January and July of each year, or within 60 days thereafter. The January statement shall contain a full and exact report of their condition on the 31st day of December next preceding; said statement to be made in

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accordance with the terms and conditions set forth and required under the preceding section, which shall be sworn to by the officer or agent making the same. The statement for July shall contain a report in short form of income, assets, expenditures, and liabilities in gross, as of the 30th day of June preceding, and be sworn to by the officer or agent making the same. At the time of making such report to the governor, each company shall publish at its own expense a duplicate thereof in a newspaper of general circulation published in this state. Should any one of such insurance companies fail or refuse to make said statement to the governor, it shall, by such failure or refusal, forfeit its right to do business until the first of January of the next year, and on such failure or refusal the insurance commissioner shall recall and cancel the license of such delinquent company. Part of 56-403 stricken. Semiannual statements to Governor; publication. And by inserting in said Code section in lieu of said words the following words: Said license must be renewed annually, on the first day of January, or within 60 days thereafter. All companies, including cooperative or assessment life insurance companies doing business in this state, shall, through their chief officer or agent residing in this state, make to the comptroller general an annual statement on the first day of January of each year, or within 60 days thereafter. The said statement shall contain a full and exact report of their condition on the 31st day of December next preceding said statement to be in accordance with the terms and conditions set forth and required under the preceding section, which shall be sworn to by the officer or agent making the same. At the time of making such report to the comptroller general, each company shall publish at its own expense in a newspaper of general circulation published in this state a copy of the report in short form of income, assets, expenditures, and liabilities in gross, as of the 31st day of December preceding, to be sworn to by the officer or agent making the same. Should any one of such insurance companies fail or refuse to make said statement to the comptroller general, it shall, by such failure or refusal, forfeit its right to do business until the first of January of the next

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year, and on such failure or refusal the insurance commissioner shall recall and cancel the license of such delinquent company. New provisions substituted. So that the said Section 56-403 of the Code of Georgia of 1933 as amended shall read as follows: Section 56-403. Issuance of License; renewal; further statement required. Upon filing such statement, the insurance commissioner, when satisfied that it is correct, and that the company has fully complied with the laws regulating the business of insurance, shall issue a license to said company to transact business in this state. Said license must be renewed annually on the first day of January, or within 60 days thereafter. All companies, including cooperative or assessment life insurance companies doing business in this state, shall, through their chief officer or agent residing in this state, make to the comptroller general an annual statement on the first day of January of each year, or within 60 days thereafter. The said statement shall contain a full and exact report of their condition on the 31st day of December next preceding, said statement to be in accordance with the terms and conditions set forth and required under the preceding section, which shall be sworn to by the officer or agent making the same. At the time of making such report to the comptroller general, each company shall publish at its own expense in a newspaper of general circulation published in this state a copy of the report in short form of income, assets, expenditures, and liabilities in gross, as of the 31st day of December preceding, to be sworn to by the officer or agent making the same. Should any one of such insurance companies fail or refuse to make said statement to the comptroller general, it shall, by such failure or refusal, forfeit its right to do business until the first of January of the next year, and on such failure or refusal the insurance commissioner shall recall and cancel the license of such delinquent company. Section to read. License; renewal. Annual statement to Comptroller General. Publication of report in short form. Failure to make statement; recall of license. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 28, 1947.

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ATLANTA CORPORATE LIMITS EXTENDEDREFERENDUM. No. 385 (House Bill No. 534). An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act 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 be and the same are hereby amended as follows: Amended act of 1874 amended. Section 1. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines: Corporate limits extended. Beginning at a point on the existing corporate limits of the City of Atlanta in Land Lot 150 of the Seventeenth District of Fulton County, at an intersection with a line five hundred (500) feet west of the westerly line of Northside Drive and measured at right angles thereto; thence in a northwesterly and northerly direction, five hundred (500) feet distant and parallel to said westerly side of Northside Drive to a point of intersection with the northerly line of Land Lot 160 of the said Seventeenth District of Fulton County; thence easterly along the northerly line of Land Lots 160, 139, 117, 96, 64, 43 and also along the northerly line of Land Lot 11 to the northwest corner of property of the Brookhaven Country Club, same being twenty-two hundred (2200) feet, more or less, west of the County line between Fulton County and DeKalb County; thence in a southeasterly direction along the southwesterly property line of the above mentioned Brookhaven Country Club to a point; thence continuing in a northeasterly direction along the line of said Brookhaven Country Club property; thence in a southerly direction along the said Brookhaven Country Club property to the northeasterly side of Brookhaven Drive to the County line between Fulton County and DeKalb County;

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thence in a southerly direction along said County line to a point of intersection with the now existing city limits of the City of Atlanta, same being the northwest corner of Land Lot 56 of the Eighteenth District of DeKalb County; thence southerly, westerly, northerly and westerly along the present corporate limits of the City of Atlanta to a point of intersection with the easterly side of Piedmont Road; thence northerly along the easterly side of Piedmont Road and across Cheshire Bridge Road and continuing northerly along the easterly side of Piedmont Circle and Piedmont Road to a point of intersection with the northerly right-of-way line of the Seaboard Air Line Railway Company; thence westerly along the northerly right-of-way line of said railway company to a point of intersection with the westerly line of Land Lot 58 of the Seventeenth District of Fulton County; thence southerly along the westerly line of Land Lots 58, 57 and 56 to an intersection with the existing city limits where same crosses said westerly line of Land Lot 56 of the Seventeenth District of Fulton County; thence westerly, northerly, westerly, southerly along the existing limits of the City of Atlanta in its various courses to the point of beginning. Description. (The above described property lines of the Brookhaven Country Club are as shown on map as follows: Map of Brookhaven showing property of Brookhaven Estates and Brookhaven Country ClubKnox T. Thomas, Civ. Eng. January 1912. On file in the Office of the Clerk of Superior Court in Plat Book #4, Page 194.) Section 2. The said described territory shall become a part of the City of Atlanta, January 1, 1948, on the condition that this charter amendment shall be approved and ratified by a majority of the qualified electors of said territory voting at an election called and held as hereinafter provided. Only qualified electors residing in said territory shall be eligible to vote in said election. If a majority of those voting shall vote in favor of the approval and ratification, then this Act shall be of full force and effect. Referendum by voters in new territory. Section 3. It shall be the duty of the Ordinary of Fulton County to call an election in the described territory, in all the voting precincts therein, not sooner than 90 days nor

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later than 150 days after the approval of this Act. Notice shall be given of said election in each of the daily papers at least 30 days before the date of holding said election, notifying the qualified voters thereof that the election will be held on the question of approval and ratification of this amendment. The expense of holding said election shall be paid by the City of Atlanta. The Mayor of the City of Atlanta and the Chairman of the Board of County Commissioners of Fulton County shall each be authorized to designate one or more persons to be present at each voting precinct at all times during the voting and the counting of the votes. Call of election, notice, expense. City and County representatives at precincts. Section 4. All persons voting at said election in favor of the approval and ratification of this charter amendment shall have written or printed on their ballots the following words: For approval and ratification of charter amendment extending the limits of the City of Atlanta, and all persons voting against approval and ratification shall have written or printed on their ballots the following words: Against approval and ratification of charter amendment extending the limits of the City of Atlanta. Voting machines may be used. If a majority of those voting at said election shall vote in favor of the approval and ratification as herein provided, the Ordinary of said County shall so declare, and shall furnish the Secretary of State and Clerk of Council of the City of Atlanta each a certified copy of the results of said election and a certified copy of his declaration declaring that a majority of the qualified voters voting at said election had approved and ratified this amendment. Ballots. Voting machines. If vote favors extension. Section 5. Said described territory shall be divided into two separate and distinct additional wards for the City of Atlanta as follows: Those residing on Peachtree Road and on both sides thereof and in all territory east of Peachtree Road shall constitute one ward, and all the balance of said territory shall constitute another ward, subject to change in ward lines by the Mayor and General Council for the benefit of the citizens thereof. Each of said wards shall be entitled to one Alderman and two Councilmen and a member of the Board of Education. Any change made by the Mayor and Council in the ward lines shall not increase the number of wards in the City of Atlanta to more than eight wards.

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The representatives in the General Council and on the Board of Education herein authorized shall be in addition to those now authorized by the charter. Division into two wards. Aldermen and others to represent. Changes in ward lines. Section 6. It shall be the duty of the Mayor and General Council to call an election within said territory in the specific wards within 90 days after the approval and ratification of this amendment for the purpose of selecting one Alderman and two Councilmen and a member of the Board of Education to represent said additional wards in the General Council and on the Board of Education until January 1, 1950. Successors to these officers shall be elected at the next general election by the qualified voters of the City of Atlanta as provided for other Aldermen and Councilmen and members of the Board of Education. Election of such Aldermen, Councilmen, and members, Board of Education. Section 7. All powers and authority of the City of Atlanta under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the City are made coextensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta. Powers of City and its officers over new territory. Liability for previous bonds. Section 8. That any common carrier or public transportation company, now operating under any certificate of convenience

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and necessity wholly or partially within the territory annexed or any part thereof, shall, from and after the annexation of such territory by the City of Atlanta, be entitled as a matter of right to continue such operation over the territory traversed after such territory has been annexed, in the same manner that said company or companies operated prior to such annexation. Upon annexation by the City of Atlanta of the territory under the terms of this amendment, such company or companies shall immediately file with the Clerk of Council of the City of Atlanta, a schedule of the routes so operated. Operation of transportation companies after annexation. Filing schedules with City Clerk. Section 9. If any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act. If part invalid. Section 10. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. CITY POLICE OR FIRE DEPARTMENT MEMBERS, IN CERTAIN COUNTIES, TRANSFERRING TO COUNTY DEPARTMENTSERVICE CREDIT FOR PENSIONS. No. 386 (House Bill No. 353). An Act to amend an Act approved March 16, 1939 (Georgia Laws 1939, Page 278), entitled, An Act to provide that counties having a population of more than 200,000 by the United States Census of 1920, or any subsequent census shall furnish aid and relief to regular members of County Police Departments and to future members and their dependents in specified cases, and for other purposes, as amended March 24, 1941 (Georgia Laws 1941, Page 404), as further amended (Georgia Laws 1943, Page 459), and as further amended (Georgia Laws 1945, Page 1050), by adding thereto two new sections so as to provide that any officer or members of the Police Department or Fire Department in any city within any county under the provisions of this act within six months from his last

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service with such department become an officer or a member of the Police or Fire Department of the county in which said city in whole or in part is located, shall have credited and allowed to him for all county police and fireman pension purposes the time of service spent by him in the employ of such city or municipal Police or Fire Department and such time shall be treated and allowed as time of active service in such county Police or Fire Department within the provisions of said pension act as amended, in determining eligibility for retirement and amount of pensions and for all pension purposes, provided such policemen or firemen shall pay into the county pension fund whichever of the following two sums is the greater: (1) a sum equivalent to the total of such amounts as he would have been required to pay into the County Police and Firemen's Pension Fund had he been an employee of the County Police or Fire Department continuously from the date of the establishment of the County Police and Firemen's Pension Fund, or (2) all refunds which he receives or to which he is entitled from such city or municipal pension fund, and further providing that no tacking on of city or municipal time of service shall be allowed for new employees entering the county service after six months from the effective date of this Act; to repeal all conflicting laws and for other purposes. Section 1. Any officer or member of the police department or fire department of any city or municipality in whole or in part within any county within this Act who has heretofore or shall within six months from his last service with the city or municipal police or fire departments, become an officer of or a member of the police or fire department of the county in which said city or municipality in whole or in part is located, shall have credited and allowed to him for all county police and fireman pension purposes the time of service spent by him in the employ of such city or municipal police or fire department, and such time shall be treated and allowed as time of active service in such county police department or fire department within the meaning of the provisions of said pension act as amended, in determining eligibility for retirement and pension and amount of pensions

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and for all pension purposes, provided such policeman or fireman shall pay into the county pension fund whichever of the following two sums is the greater: (1) a sum equivalent to the total of such amounts as he would have been required to pay into the County Police and Firemen's Pension Fund had he been an employee of the county police or fire department continuously from the date of the establishment of the County Police and Firemen's Pension Fund, or (2) all refunds which he receives or to which he is entitled from such city or municipal pension fund. The sum specified shall be paid into the county pension fund within a period of six months from the time such policeman or fireman enters the service of the county. Counties included. Acts of 1939, 1941, 1943, 1945, amended. Police or Fire Department members. Transfers from city to county department. Time of service to be credited for pension purposes. Required payment into county pension fund. Section 2. Be it further enacted that no tacking on of city or municipal time of service shall be allowed for new employees entering the county service after six months from the effective date of this Act. No tacking on of service for certain new employees. Section 3. If the provisions of Section 2 above shall in any way impair the validity of the provisions of Section 1 hereof, then Section 2 hereof shall be ineffective, so as to leave in force and effect the provisions of Section 1 hereof. If sec. 2 impairs validity of sec. 1. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1947. TELFAIR COUNTY COMMISSIONERSCLERK'S SALARY. No. 387 (House Bill No. 509). An Act to amend an Act of the General Assembly of Georgia, approved August 27, 1931, Acts 1931, pages 566 et seq., as amended by Act approved March 23, 1935, pages 805 et seq., as amended by Act approved February 22, 1943, pages 1123 et seq., creating the office of Commissioner of Roads and Revenue for the County of Telfair and providing for a Clerk of such Commissioner and the

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salary of such clerk, so as to amend said Acts as they relate to the salary of the Clerk of such Commissioner and the manner of fixing the same, and to change the manner of fixing such salary, and to fix the same, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 27, 1931, Acts 1931, pages 566 et seq., as amended by Act March 23, 1935, pages 805 et seq., as amended by Act approved February 22, 1943, pages 1123 et seq., creating the office of Commissioner of Roads and Revenue for the county of Telfair and providing for a clerk of such Commissioner and the salary of the clerk, be and the same are hereby amended as follows: Act of 1931, as amended by acts of 1935 and 1943, amended. Section 2. The Salary of the Clerk to the Commissioner of Roads and Revenue of said county of Telfair, State of Georgia, from and after the passage of this Act, shall be and the same is hereby fixed at the sum of one hundred and fifty ($150.00) dollars per month, the same to be paid at such times as the Commissioner of Roads and Revenue of said county of Telfair may direct and fix. Clerk's salary. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 28, 1947. CORONER'S SALARY IN CERTAIN COUNTIES. Code 21-105 amended. No. 388 (House Bill No. 383). An Act to amend an Act of the General Assembly, approved March 3, 1945 (Georgia Laws, 1945, page 832) by striking the numerals $600.00 and the words Six Hundred Dollars wherever they appear, and substituting therefor the numerals $1200.00 and the words Twelve Hundred Dollars.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 21-105 of the Code of Georgia of 1933, be and the same is hereby amended, by adding to said section the following words: 21-105 amended. In all counties of this State having a population of not less than 37,000, and not more than 41,000, according to the United States Census of 1940, or any future United States Census, the coroner shall receive a salary of Twelve Hundred ($1200.00) Dollars per year, out of the County Treasury, payable monthly, said salary to be in lieu of the fees allowed a coroner by law for holding inquests. Coroner's salary in counties of 37,000 to 41,000 population. Section 2. This Act shall become effective and of force upon approval of the Governor. Date effective. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. ATLANTA CORPORATE LIMITS EXTENDED. No. 389 (House Bill No. 470). An Act to amend an Act establishing a new Charter for the City of Atlanta approved February 28, 1874 and the several Acts amendatory thereof and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act 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 be and the same are hereby amended as follows: Amended act of 1874 amended. Section 1. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all of the territory lying within the following boundary lines:

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Beginning at a point on the existing corporate limits of the City of Atlanta where same intersects the westerly line of Land Lot 56 of the Seventeenth District of Fulton County; thence northerly along said westerly line of Land Lot 56 and along the westerly line of Land Lots 57 and 58 of said District to a point where the northerly right-of-way line of the Seaboard Air Line Railway Company intersects the westerly line of Land Lot 58; thence easterly along the northerly right-of-way line of said railway company to a point of intersection with the easterly side of Piedmont Road; thence southerly along the easterly side of Piedmont Road to the intersection of Piedmont Circle; thence southeasterly and southwesterly along the easterly side of Piedmont Circle and continuing across Cheshire Bridge Road and along the easterly side of Piedmont Road to the present corporate limits of the City of Atlanta; thence westerly, southerly, westerly, southerly and westerly along the present limits of the City of Atlanta to the point of beginning. Description of territory added. Section 2. All the power and authority of the City of Atlanta under its present charter and ordinances and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described, on the passage of this Act. The power and authority of the officers of the city are made coextensive with the limits as extended by this Act; and all other rights (and powers necessary to carry out and enforce the laws) and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the Health Department, Police Department, City Tax Assessors and Receivers, Tax Collector, Marshal, Clerk of Council, Building Inspector, Recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits and under the present charter, the laws, and ordinances governing the City of Atlanta. Said

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new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory of the City of Atlanta. Powers and authority of City extended over added territory. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. PENSION SYSTEM IN CITIES OF MORE THAN 150,000 POPULATIONAMENDMENTS. No. 390 (House Bill No. 329). An Act to amend an Act approved August 20, 1927 (Georgia Laws, 1927, p. 265) entitled An Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census, shall furnish pensions to all officers and employees of such cities who have served for 25 years in active service, whose names are on the payroll of the city and future members as specified and for the other purposes recited therein, as amended from time to time, so as to provide that whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for his service; so as to provide that the decision of the Board of Trustees shall be subject to review by the Superior Court; so as to reopen the pension fund until July 1, 1947; so as to provide for additional pensions for each year over 25 years of service not to exceed 35 years; so as to provide for retirement for those reaching 70 years of age; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 20, 1927 (Georgia Laws 1927, p. 265), as amended by the several acts amendatory thereof, be and the same is hereby further amended as follows: Act of 1927 amended.

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Section 1. That said Act, as amended, be further amended by adding the following section at the end thereof: Whenever any officer or employee of such city is transferred from one department to another, he shall be entitled to become a member of the pension fund of the department to which he has been transferred and to receive credit for the years of service in the department from which he has been transferred by paying into the pension fund of the department to which he is transferred the amount of premiums he would have paid into said fund if he had been a member of said department for the number of years he claims credit for service in the other department. Such transferred employee shall have the right to have transferred from the pension fund the amount he had paid into such fund. The rights given in this Act shall be effective as to the officers and employees who have transferred prior to this Act, as well as future transferees. This Act shall apply to all the pension funds of such city, namely, the Policeman's Pension Fund, the Firemen's Pension Fund and the General Employees' Pension Fund. Transfer of employee from one department to another. Section 2. That Section 4 of said Act, as amended, providing for a Board of Trustees, be further amended by adding the following provisions at the end thereof: Sec. 4, act of 1927, amended. The decision of said Board of Trustees granting or refusing a pension shall be subject to review by the Superior Court in an action at law, suit in equity, writ of certiorari as provided by general law for such writs or other proper proceeding, upon petition of such city or any other person who may have an interest in the funds provided by this Act, as amended. Appeal from decision of Board of Trustees. Section 3. That Section 3 of said Act, as amended, providing for a pension to officers and employees be further amended to read as follows: Sec. 3 amended. When such officer or employee shall retire as a matter of right, he shall be paid one-half of the salary he was receiving at the time of his retirement, for the rest of his life, to be paid monthly. The maximum amount to be paid to any officer or employee as a pension, under this Act, shall be the sum of $100.00 per month, except as otherwise

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provided herein. The pension herein authorized shall be increased by a sum equal to 4% of each of such monthly payments for each full year of active service in excess of 25 years and not in excess of 35 years, which said sum shall be added to the monthly payments herein authorized. The records, kept in the Office of the Comptroller of such city, shall be conclusive as to the time served. Pay on retirement. Section 4. The aforesaid Act is further amended by substituting the following section for Section 34, as amended by the Act approved the 8th day of March, 1945 (Georgia Laws 1945, p. 999): Sec. 34 (amended by act of 1945) amended. Section 34. The Board of Trustees shall permit any officer or employee on or before July 1st, 1947, who is not now contributing to said pension fund, on written application, to become a member of such pension fund and be entitled to all of the emoluments herein, provided such officer and employee shall pay into said fund the sum of two percentum of his salary computed from November 1, 1927, or, if he began his service with the City subsequent to November 1, 1927, but before May 1, 1935, then said two percentum shall be computed from such date of entering the service of the City, and by paying 3% of his salary to be computed from May 1, 1935, or if subsequent to May 1, 1935, then from the date of entry into the service of the City, to the date of his entry into the pension fund and in the event he desires to provide for the continuance of such payment to his widow, his contribution for the period of employment between November 1, 1927, to May 1, 1935, shall be 3% and from May 1, 1935, to the date of his entrance into the fund shall be 4% and, provided further he shall serve at least 3 years from the date of his entering said fund before becoming eligible to retire on a pension. Provided further that the percentum to be paid on the salary enumerated above shall not be computed on any salary in excess of $200.00 per month. Provided, further, that the total amount that may be due to be paid into said pension fund shall be divided into 50 installments to be paid monthly over a period of 50 months beginning as of the date of his entrance into said fund. Officers and employees not now contributing may become members. Amount of contributions.

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Section 6. That said Act, as amended, be further amended by adding the following provision: Added provision. All officers and employees who shall have reached their 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday. All such officers and employees shall be entitled to a pension when so retiring, whether they have served 25 years or not. For example, if such officer or employee has served 10 years, he shall be entitled to 10/25ths of the pension that he would be entitled to had he served 25 years. Fractional parts of years shall not be counted. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this Act, shall have the privilege of completing his term of office before he shall be compelled to retire. Provided, further, that the Board of Education shall be authorized to require employees of the School Department to retire upon reaching 65 years of age and that the Mayor and General Council shall have like powers with respect to other employees covered by this Act. Retirement after 70 years of age. Amount of pension. Section 7. That said Act, as amended, be further amended by adding the following provision: New provision. Any officer elected or appointed for a definite term who is a member of said pension fund, who shall fail to be reelected or reappointed, or whose office shall be abolished, shall be entitled to a pension upon the following basis: No such person shall be entitled to a pension until such person has been in the employment of the City for a period of 15 years. Such person shall thereafter be entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to 25 years. Such pension shall be computed and paid in the manner provided in Section 6-306 of the Code of the City of Atlanta of 1942. Such officer shall otherwise be entitled to all the rights and benefits provided in said Act for officers and employes who have or may become totally and permanently disabled. Pension for officers failing to be re-elected or reappointed. Section 8. That the aforesaid Act, as amended by the Act approved March 19, 1943 (Georgia Laws 1943, p. 551)

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be amended by adding at the end of Section 6 thereof the following: Addition to sec. 6 (amended by act of 1943). All such officers and employees who were inducted in the Armed Forces of the United States prior to March 19, 1943 (the date of said amendment), who become members of such pension fund under Section 34 of said Act as amended by this Act or any prior Act, shall have credit for the time served in the Armed Forces of the United States in the computation of the time required before becoming eligible to retire on a pension. Credit for time served in armed forces of U. S. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1947. LONG COUNTY BOARD OF COMMISSIONERSCLERK'S SALARY. No. 391 (House Bill No. 338). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Long County, Georgia (Georgia Laws, 1921, pages 525-534), approved August 10, 1921, as amended March 24, 1939 (Georgia Laws, 1939, pages 647-653), and as amended March 9, 1945 (Georgia Laws, 1945, pages 1111-1116), by striking from line eleven of Section 15 of said Act approved March 9, 1945, the figures $50, and inserting in lieu of stricken portion the figures $75, and for other purposes. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the figures $50 as used in line eleven of Section 15, of the amended Act approved March 9, 1945 (Georgia Laws, 1945, page 1115), be, and the same is hereby stricken therefrom, and the figures $75 be, and the same is hereby inserted in lieu of said stricken portion, so that said Section 15, when so amended, will read as follows: Sec. 15, act of 1945, amended. Section 15. The said Commissioners shall elect a clerk of said Board whose duty it shall be to keep a correct record of all of the actions and doings of the Board, said

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record to be kept in the Courthouse of said county, said record to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the Board, and perform such other duties as may be assigned to him by said Board. He shall receive compensation for his duties as such clerk an amount to be determined by said Board not to exceed $75 per month. The clerk shall not be a member of said Board of Commissioners. Said clerk before entering upon his duties of clerk of said Board shall enter into and file with the chairman of said Board a good and sufficient bond in the sum of $2000 for the faithful performance of his duties as clerk, which bond shall be made payable to the members of said Board and their successors in office, the sufficiency of which shall be determined by the Board. Clerk. Compensation. Bond. Section II. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict herewith be, and the same are hereby repealed. Approved March 28, 1947. NEWNAN CHARTER AMENDMENTSZONING AND PLANNING. No. 392 (House Bill No. 417). An Act to amend an Act of the General Assembly of Georgia, entitled an Act to create a new charter of the City of Newnan, in the County of Coweta, approved December 8, 1893, and to amend particularly an Act of the said General Assembly approved August 15, 1910, amending said Act approved December 8, 1893, and to amend any Act amendatory to either of said above described acts, so as to provide zoning regulations for said city; to empower the governing authorities of said city to make regulations regarding zoning and city planning, the erection and construction of buildings, the laying out of streets and park spaces, the control of traffic; to regulate and control housing conditions; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid:

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That an Act approved December 8, 1893 and an Act approved August 15, 1910 amending said Act approved December 8, 1893, creating and establishing a new charter and municipal government for the City of Newnan, in the County of Coweta, and all Acts amendatory thereto, be and the same are hereby amended as follows: Act of 1893, as amended by act of 1910, amended. Section 2. That the Mayor and Aldermen of the City of Newnan shall have power and authority to prepare and adopt a comprehensive plan for zoning the city for the purpose of suggesting the proper location of streets, apartment houses, dwellings, the area of the lot, the provisions of yard space, and the fixing of building lines. Zoning plan authorized. Section 3. That the Mayor and Aldermen of the City of Newnan may, in the interest of the public health, safety, order and convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the City for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property, or for the purpose of regulating the height of buildings, or other structures, or for the area or dimensions of the lots or yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such zones or districts may be of such shape and area as the Mayor and Council of the City of Newnan shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based upon the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public quasi-public or private nature of the use of the premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. What plan may cover. Section 4. For the reasons above stated, said Mayor and Aldermen of the City of Newnan shall have the further right and power, in any districts proposed to be set aside

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primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein, and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. Classification of residential districts. Section 5. That the Mayor and Aldermen of the City of Newnan, before adopting the zoning plan herein provided for, shall hold a public hearing thereon, notice of which shall be given in a newspaper of general circulation in said city, and a copy of such plan and proposed ordinance shall be on file in the office of the City Clerk or such other office as may be designated in said notice for public examination. Public hearing on adoption of plan; notice. Section 6. The Mayor and Aldermen of the City of Newnan shall have power and authority to alter, amend, and change such zoning plan from time to time, as in their discretion may seem best, but notice of any such proposed change shall be given in the manner provided in the preceding section of this Act. Changes in plan. Section 7. The Mayor and Aldermen of the City of Newnan may, in their discretion, appoint a board to be known as a Planning Board to recommend to said Mayor and Aldermen the boundaries of the various zones to be laid out and to recommend the adoption of appropriate regulations and restrictions to apply to the lands, buildings and structures in said zones. The members of said Board, the number of members constituting said Board, and the duties of such members are to be determined by the Mayor and Aldermen of said City of Newnan, as well as the term for which they shall serve and the compensation that they shall receive for such services, all of which may be changed from time to time in the discretion of the Mayor and Aldermen. The acts of such Board shall be advisory only. Planning Board to advise. Section 8. The zoning regulations shall be enforced in such manner as the Mayor and Council of the City of Newnan shall direct by the employees and officials of said city. Enforcement of zoning regulations. Section 9. Appeals may be made to the Mayor and Aldermen of the City of Newnan by any interested party for a change in said zoning plans or regulations, but the party

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making such appeal shall give notice thereof in the manner provided in section five of this Act. Appeals. Section 10. Every decision of the Mayor and Aldermen of the City of Newnan as to zoning regulations shall be subject to writ of certiorari issued from the superior court upon the same terms as such writs are issued in any case. Certiorari. Section 11. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby, and shall remain in full force and effect. If part unconstitutional. Section 12. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 28, 1947. WILD DEER OR TURKEY HUNTING IN TURNER AND WORTH COUNTIES PROHIBITED FOR FIVE YEARS. No. 393 (House Bill No. 449). An Act to prohibit the hunting or killing of wild deer or wild turkey in the Counties of Turner and Worth in the State of Georgia, for a period of five years, providing penalties therefor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this act and for a period of five years from the date of the approval of the same, it shall be unlawful for any person to hunt or kill wild deer or wild turkey in the Counties of Turner and Worth in the State of Georgia. Hunting wild deer or turkey in Turner and Worth Counties prohibited. Section 2. Be it further enacted that anyone found guilty of violating the provisions of this act shall be guilty of a misdemeanor and punished therefor as provided by the laws of the State of Georgia. Punishment. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 28, 1947.

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TAX COLLECTOR, SHERIFF, AND CLERK OF SUPERIOR COURT IN CERTAIN COUNTIESSALARIESAMENDMENT. No. 394 (House Bill No. 370). An Act to amend an act approved February 17, 1933, Georgia Laws 1933, pages 244-245 relating to the salaries of county officers and the method of determining and fixing the same by providing that in counties having a population of not less than 115,000 and not more than 170,000 by the census of the United States of 1940 or any subsequent census the total compensation of the Tax Collector, Sheriff and Clerk of Superior Court shall not exceed the sum of $6500.00 per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that that certain Act adopted and approved February 17, 1933, and entitled An Act to amend that certain Act adopted and approved August 18, 1927, and found in Georgia Laws 1927, pages 207 and following, entitled, 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 the Clerk of the Superior Court only 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, and for other purposes `by providing that the salaries of the Clerk of the Superior Court, the sheriff, the ordinary, the tax collector, and the tax receiver, in certain counties in Georgia shall be determined and fixed by the County Commissioners and ex officio judges of said counties; and for other purposes, be amended by adding at the end of paragraph (B) of Section 1 thereof the following language: Provided, however, that in counties having a population of not less than 115,000, nor more than 170,000, by the census of the United States of 1940 or any subsequent census, the total compensation of the tax collector shall be a salary not exceeding $6,500.00 per annum. So that said paragraph (B) of Section 1, as amended, shall read as follows: Sec. 1 (B), act of 1933, amended. New provision.

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(B) By adding at the end of section three the words, provided that in counties having a population of not less than ninety thousand (90,000) nor more than one hundred and fifty thousand (150,000), by the census of the United States, the amount of the salary of the clerk of the superior court, the sheriff, the ordinary, the tax collector, and the tax receiver shall be determined and fixed by the county commissioners and ex officio judges of such counties. The salaries of such officers so determined and fixed by said county commissioners and ex officio judges shall be paid out of the treasury of such counties in equal monthly installments. The provisions of this Act shall be effective immediately on and after the final passage and approval of the same by the Governor, and shall apply to said officers whose terms of office began on January 1, 1933, as well as to their present terms of office, and to that extent shall be retroactive; and this Act shall likewise apply to said officers who may hereafter be elected and to their terms of office. Provided however, that in counties having a population of not less than 115,000, nor more than 170,000, by the census of the United States of 1940 or any subsequent census, the total compensation of the Tax Collector, Sheriff and Clerk of Superior Court shall be a salary not exceeding $6,500.00 per annum. Salaries of certain officers in certain counties. Addition as to certain officers in certain other counties. Maximum total compensation. Section 2. Provided that the effect of the amendment herein made shall not be retroactive and shall apply only to salaries paid subsequent to the date of the passage of this Act. Amendment not retroactive. Section 3. 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 March 28, 1947. MILAN NEW CHARTER. No. 395 (House Bill No. 508). An Act to establish and constitute a new charter for the City of Milan, Georgia in Telfair and Dodge County,

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repealing the present Act incorporating said City, and to supersede, repeal and abolish all amendments in respect thereto; to create a new charter and a municipal government for said city; to provide for elections of officers of said municipality; the filling of vacancies; to provide for the duties of Mayor, City Clerk and City Treasurer, and to fix their salaries; to provide for a City Council, their duties and compensation; to provide for the collection of license and taxes and/or special assessments; to provide the manner property may be returned for taxation; to require building permits within said city; to provide for a sanitary department of said city and to authorize the Mayor and Council to pass by proper ordinance any measure pertaining to health and sanitation in said city; to provide for a sewerage tax and a garbage tax; to assess abutting property owners in the improvements of streets, alleys and sidewalks of said city; to provide for eminent domain; to provide for a Mayor's Court; to provide for the registration and qualification of voters; to provide a corporate name; to purchase and sell both real and personal property; to define the territorial limits of said city; to provide for the qualification and registration of voters; to provide all that is necessary in the administration of and the functions of a municipal government; to provide that the Mayor and Council, by proper ordinance, shall have the right to broaden this act, make new laws not herein provided nor inconsistent herewith and in harmony with State 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 Municipal government of the City of Milan shall consist of the Mayor and five Aldermen, who are hereby constituted a body corporate under the name and style of the City of Milan, and by that name shall have perpetual succession, and shall have a common seal, and shall have power in law and in equity to purchase, hold, receive, enjoy, possess and retain to them and their successors, for the use of the City of Milan, any real or personal estate, or both, of whatever kind or nature within the jurisdictional limits of the City of Milan, and shall by the name have the power

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to sue and to be sued in any court of law or equity in this State, and shall succeed to all rights and liabilities of the present corporation of the town of Milan; and the corporate limits of the City of Milan shall be one-half of one mile from the northwest corner of the building of the Seaboard Air Line Railway passenger station in each and every direction, the said corner of the said passenger station of the said Seaboard Air Line Railway is to be the center of the corporate limits of said city, and the said corporate limits to extend one-half of one mile therefrom in each and every direction. City incorporated. General powers. Corporate limits. Section 2. Be it further enacted that T. J. Wells, Mayor, Earnest Martin, G. L. Yawn, T. L. Marchant, Jr., J. T. Vaughn and R. C. Jones, Councilmen, and C. C. Cobb, City Clerk, shall remain in office until their terms shall expire under the present law; namely, until their successors are elected and qualified at the regular city election to be held on the second Monday in December 1947, and annually thereafter on said date; and that effective upon the passage of this act, J. S. Conley, shall act, and is hereby named and constituted City Treasurer of said city; that his tenure in office shall be concurrent with the Mayor, Councilmen and Clerk herein named, and that hereafter at each annual succeeding election along with the Mayor, Councilmen and City Clerk, a City Treasurer shall be elected, whose term of office shall be concurrent with the Mayor, Councilmen and City Clerk. That the election of all of said officers shall be held in said city at the usual place of holding city elections, or at such other place as the Mayor and Councilmen or a majority of them may designate by written notice posted on the door of the usual meeting place of said Mayor and Councilmen for five (5) days next preceding the date of election on the second Monday in December in each year, as herein provided. That the City Clerk and the City Treasurer shall be paid an annual salary of two hundred ($200.00) dollars per year, and shall each give a good and solvent bond in the sum of One thousand ($1,000.00) dollars for the faithful performance of their duties, to be approved by the Mayor and Council before assuming their duties. That the Mayor of said city shall be paid an annual salary of two hundred ($200.00) dollars per year; that the Councilmen of

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said city shall be paid the sum of $50.00 (Fifty Dollars) per year for their services. That the City Clerk of said city shall collect all funds due said city, giving receipts for the same, and keeping a duplicate receipt thereof in a proper book to be approved by the Mayor and Council, and shall be subject to have his books and accounts inspected by the Mayor and Council monthly, if desired, or audited on their request. That the said City Clerk, at a time or times to be fixed by the Mayor and Council, shall account to and turn over to the City Treasurer the funds so collected by him, obtaining his receipt therefor. That no funds of said city now on hand or hereafter collected shall be paid out or disbursed except on a voucher of said city issued by the Mayor and countersigned by the City Treasurer, and not to exceed one hundred ($100.00) dollars unless approved by a majority of the Mayor and Council, and in either event a duplicate of said voucher or check is to be retained by the City Treasurer in a proper book of accounts of said city to be approved by the Mayor and Council. That the inspection of and audit of the books of the city clerks as herein provided shall likewise apply to the City Treasurer. Present officers to remain. Election. Clerk, Treasurer; salaries, bond. Mayor, Councilmen; salaries. Clerk's duties. Vouchers. Treasurer. Section 3. Be it further enacted by the authority aforesaid, That all female and male citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and shall have resided six months within the jurisdictional limits of said city, and no other person, shall be qualified to vote at said election. Female and male voters. Section 4. Be it further enacted by the authority aforesaid, That the mayor and council shall cause the clerk of council of the city of Milan to register the names of all voters who are qualified to vote under the charter, and under the laws of this State, for municipal officers of the City of Milan. Registration. Section 5. Be it further enacted by the authority aforesaid, That the said clerk shall provide a suitable book, alphabetically arranged, in which to register said qualified voters, and said clerk shall give notice in writing at two or more public places in said city at least thirty days preceding the election, that his books are open for registration of voters who are qualified to vote for municipal officers.

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Such registration book shall be closed one week prior to the election. Book. Notice. Section 6. Be it further enacted by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person, to furnish said evidence of their qualifications, and in case the clerk is not satisfied as to the qualifications of the applicant, he may apply the following oath or affirmation: I do swear that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia from the County of Dodge (provided the applicant resides in the County of Dodge, or that provided the applicant is a resident of Telfair County, he shall then swear that he is qualified to vote as aforesaid for members in the General Assembly in the County of Telfair). The clerk of said city is hereby authorized to administer said oath and shall keep a record of the same upon the registration book, and may refuse to register such persons as may decline to take the oath aforesaid. Registration procedure. Section 7. Be it further enacted by the authority aforesaid, That any person voting illegally in the municipal election of the City of Milan, or falsely swearing in order to register or otherwise violating any provisions of this Act, shall on conviction, be punished by imprisonment in the guard house of the City of Milan for a period not to exceed thirty days, or by the payment of a fine not to exceed one hundred dollars ($100.00), or both, in the discretion of the mayor. Illegal voting, etc., punishment. Section 8. Be it further enacted, That said election shall be held under the superintendence of a justice of the peace and two freeholders or of three freeholders who shall be appointed by the said mayor and council at least five days prior to the election, and each of said election managers shall, before entering upon his duties, take an oath before some justice of the peace or mayor of the City of Milan, that he will faithfully and impartially conduct said election and will prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any reasonable doubt as to the qualifications of any persons who vote therein, they shall have the power to administer the following oath: I do solemnly swear that

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I have attained the age of twenty-one years, that I am a citizen of the United States and am qualified to vote for members of the House of Representatives in the General Assembly of Georgia, from one, or either of the Counties of Dodge and Telfair; that I have resided for the last six months within the City of Milan. So help me God. Any person who shall take said oath and shall swear falsely may be tried and punished under the provisions of section 7 of this Act. Election. Procedure. Section 9. Be it further enacted, That the person or persons who shall receive the highest number of votes at said election for mayor and aldermen, and city treasurer and clerk, respectively, shall be declared duly elected. Persons to be declared elected. Section 10. Be it further enacted, That in case of any vacancy among the members of council, or in the office of city treasurer, or in the office of the mayor or clerk, either by death, resignation, failure to elect or removal from office, or removal from the city, or other cause, the mayor shall order a new election to fill said vacancy, giving ten days' notice thereof in writing in two or more public places in said city. And the registration for the last preceding election shall be applicable thereto; in case of the death of the mayor, his resignation, removal from office or removal from the city or a vacancy from any other cause in the office of the mayor, the said council shall in like manner order an election for filling said vacancy, in each case giving ten days' notice in writing at two or more public places in said city, and the registration of the last preceding election shall be applicable thereto; provided that, if any vacancy shall occur within six months next preceding the regular election, no special election shall be called to fill said vacancy; if the vacancy is in the office of the mayor, the mayor pro tempore shall, upon taking the oath as mayor, serve out the unexpired term, and the said council shall elect a new mayor pro tempore; if the vacancy is in the office of the treasurer or clerk, the mayor and council shall proceed to elect a new treasurer or clerk to fill out the unexpired term; if the vacancy is in the office of alderman, there shall be no election to fill out the same, unless the council is reduced by vacancies to less than a quorum, which is hereby declared to consist of three aldermen, besides a mayor or acting

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mayor. And should it become necessary to hold an election for aldermen the said election shall be held for the purpose of electing as many aldermen as is required to make the number of aldermen when elected and qualified to be five. Vacancies. New election. Procedure. Section 11. Be it further enacted, That after the votes for mayor, aldermen, city treasurer and city clerk at each election shall have been counted by the managers, they shall cause two certified copies of the tally-sheets to be made out, one of each shall be handed to the mayor for the time being, and the other shall be retained by the managers; and as soon as the mayor as aforesaid shall be informed of the result of the election he shall cause the persons elected as aforesaid to be notified of the same, and the persons so elected shall attend on the first Monday thereafter at the council chamber, and the mayor and each member of the council shall take and subscribe before the justice of the peace or some commercial notary public of this State, the following oath: I swear that I will faithfully and impartially demean myself as mayor (or alderman, as the case may be) during my continuance in office. I have not, in order to influence my election in this office, directly or indirectly, promised my vote or support to any person or office in the said government of the City of Milan, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor, affection or hope of reward, but in all things pertaining to my office, I will be governed by what, in my judgment, is for the public good and for the best interest of the said city. The city treasurer and clerk shall take the oath of office hereinafter prescribed. Tally-sheets. Procedure after election. Section 12. Be it further enacted, That in case the mayor or any member of council while in office shall be guilty of any wilful neglect, malpractice or abuse of power confided in him, he shall, upon conviction, be subject to a fine of not less than ten dollars ($10.00), and not more than one hundred dollars ($100.00), or imprisonment in the guard house or on the public streets of the town, not less than five days and not more than thirty days; provided that such officers are found guilty of the charges by four-fifths of the members of council and mayor acting as councilman upon

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trial of the councilmen. Said fine to be paid to the City of Milan for the use of the City of Milan, and such offending officer shall be removed from office upon conviction. Violations by officials, punishment. Section 13. Be it further enacted, That no person shall be eligible as mayor or alderman or city treasurer or clerk of Milan unless such person is a qualified voter of said city at the time of his election to such officer. Eligibility for office. Section 14. Be it further enacted, That the mayor shall receive a salary of two hundred dollars per annum, payable quarterly. He shall be allowed to vote in the election of all municipal officers chosen by the council; he shall preside at all meetings of the city council, but shall not vote on legislative questions before that body except in case of a tie; he shall have veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four aldermen on a yea and nay vote, duly recorded in the minutes of the city council, but unless he shall file in writing with the clerk of council his veto of any measure passed by that body with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by said mayor. The mayor shall preside over the police court hereinafter provided for, and shall have the power to punish for contempt, both before the city council and before said police court, by any fines not to exceed twenty dollars, or by imprisonment in the guard house not exceeding forty-eight hours, either or both, or in the alternative, in the discretion of said mayor. It shall be the duty of said mayor to preserve the peace and he shall be ex officio a justice of the peace so far as to enable him to issue and try warrants for criminal offenses committed within the jurisdiction of the city of Milan. The mayor of Milan shall be ex officio the chief executive officer of said city, and to him the police officers and all city employees, under the jurisdiction of the mayor and council, shall be directly and immediately subject. Mayor; salary; duties. Police Court. Other powers and duties. Section 15. At its first regular meeting upon organization the board of aldermen shall elect one of their number mayor pro tempore, and in case of the resignation, death, removal, disability or disqualification of the mayor, the

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mayor pro tem. so elected, shall, upon taking the oath as mayor, serve as mayor, with all the rights, powers and duties of the mayor in all respects. If the services of the mayor pro tem. shall continue for as long as thirty days, he shall be compensated at the same rate, and in the same manner that the mayor is paid, and such compensation shall be deducted from the salary of the mayor, unless said mayor's disqualification was from providential cause. Mayor Pro Tem. Section 16. Be it further enacted, That the legislative body of the City of Milan shall consist of five aldermen; the qualifications of the aldermen shall be the same as those of the mayor. City's legislative body. Section 17. Be it further enacted that the city treasurer and the city clerk shall take such oath of office as the mayor; shall be qualified voters and shall perform such additional duties not herein mentioned as may devolve on them under any ordinance of said city and by direction of the Mayor and Council. Treasurer. Clerk. Section 18. Be it further enacted, That at its first regular meeting, the mayor and council shall elect a city attorney, whose term of office shall be one year; whose duties shall be such as are required by the ordinances of the city, by the direction of the mayor and council. The said attorney shall be paid such compensation as may be agreed between himself and the mayor and council. Whenever, in the judgment of the mayor and council, it shall become necessary to employ additional counsel to assist the said attorney, authority to do so is hereby conferred upon said mayor and council. City Attorney. Additional counsel. Section 19. The mayor and council shall have the authority to elect a city sexton, to have the superintendence of and the care of the city cemeteries, whose duties shall be such as are prescribed by the mayor and council and by the ordinances of said city. He shall receive for each interment such fees as may be fixed and shall receive such compensation as may be prescribed by the ordinances of said city and by the mayor and council. City Sexton Section 20. Be it further enacted, That the mayor and council shall have authority to elect a city physician, whose duties shall be such as are required by the ordinances of

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said city, and by the direction of the mayor and council, and whose compensation shall be fixed by the ordinances of the city and by the mayor and council. City Physician. Section 21. Be it further enacted, that the mayor and council shall have the power to elect three persons as a board of health, and the chairman of the sanitary commitee of the said council shall be ex officio chairman of the board of health, the duties, powers and compensations of said board of health shall be such as are fixed and prescribed in the ordinances and bylaws of said City of Milan. Board of Health. Section 22. Be it further enacted, That at its first regular meeting the mayor and council shall elect one marshal, who shall be ex officio chief of police, one assistant, and as many additional policemen as in the judgment of said mayor and council may seem proper and necessary. Such officers shall be elected for a term of one year; shall be paid such compensation as may seem proper to the mayor and council; shall take such oath as the mayor and council may prescribe; shall give a bond with good and sufficient security, to be approved by the mayor and council, in such amount as may be determined upon by said mayor and council for the faithful performance of their duties, and shall perform such duties as may be required of them by the ordinances of said city, and the mayor and council. Their fees shall be such as are prescribed by the ordinances of said city, and by the mayor and council. The mayor and council of said city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, or failure to perform duty, or incapacity, and the mayor may at any time during recess of council suspend any of the said officers for breach or neglect of duty for a period not to exceed ten days, without pay, and appoint a substitute therefor. Marshal, assistant, policemen. Section 23. Be it further enacted, That the mayor and council of said city shall be empowered to employ such additional police or detective force as the good government of said city may require. The compensation and duties of said force shall be determined and fixed by said mayor and council. Additional police force. Section 24. Be it further enacted, That the mayor and council shall have the power to organize a mayor's court

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and the mayor or acting mayor shall preside therein, and hold sessions daily at the council chamber, and not elsewhere, or as often as may be necessary to clear the guard house. He shall have cognizance of all violations of city ordinances, and may punish all violations of city ordinances, by fines not to exceed one hundred dollars, or by imprisonment in the county jail of Dodge or Telfair County or in the city guard house of Milan for any term not to exceed ninety days, or by compulsory work for any term not to exceed ninety days in the chaingang of Dodge or Telfair Counties, upon the public works of said county, or by compulsory work at such other places as the mayor or acting mayor may direct. Any or all of the above punishments may be inflicted in the discretion of the mayor or acting mayor, and said mayor or acting mayor shall have the authority to impose any of the above punishments in the alternative. Mayor's Court. Punishments. Section 25. Be it further enacted, That the mayor shall have the power in his 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 be bailable, by a justice of the peace under the laws of this State, to appear before the Superior Court of Dodge or Telfair Counties, or the City Court of Eastman or McRae. Mayor's powers; commitment, bail; binding over to other courts. Section 26. Be it further enacted, That the mayor and council of Milan shall have the power to authorize by ordinance the marshal or any policeman of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Ordinance as to arrests; bystanders to aid. Section 27. Be it further enacted, That it shall be lawful for the marshal or any policeman of said city to arrest, without warrant, any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the ordinances of said city, and to hold said persons so arrested until a hearing of the matter before the proper officers can be had. And to this end said arresting officers are authorized to imprison and confine any person arrested

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by them in the city prison or in the jail of Dodge or Telfair Counties 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. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Milan; provided, that said marshal and policemen shall not be authorized to arrest any person or persons outside of the incorporate limits of said city except in obedience to a written warrant signed by the mayor or acting mayor. Arrest without warrant; imprisonment; execution of warrants. Arrests out of city. Section 28. Be it further enacted, That the marshal or any policeman of said city shall release any prisoner arrested for a violation of the ordinances of said city upon said persons giving bond to be approved by the mayor or acting mayor of said city, conditioned to pay the City of Milan an amount fixed by the mayor or acting mayor of said city; in the event such person does not appear before the corporate authorities of the city at the time and place specified in the bond and from time to time until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the mayor's court of said City of Milan as the mayor and Council may by proper ordinance provide. Said mayor and council shall have authority to compel the attendance of witnesses, whether residents of said city or not, by imprisonment, if necessary, and take bonds to secure their attendance and to forfeit such bond before the mayor's court and to pass ordinances to carry this provision into effect. Bonds; forfeiture. Witnesses. Section 29. Be it further enacted, That said mayor and council by ordinances may declare what shall be nuisances in said city, and by ordinances provide for the abatement of the same. The mayor's court of said City of Milan shall have concurrent jurisdiction with the mayor and council of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 30. Be it further enacted, That the mayor and council of said City of Milan shall have power, after advertising

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same for a period of thirty days by notice in writing at three or more public places in said city, to order an election held in said city for the purpose of prohibiting the running at large anywhere within the corporate limits of said city any horses, mules, cattle, goats or other livestock, and shall, provided an affirmation vote is had in such election, provide for impounding of said livestock, and to pass such other ordinances as may by them be declared necessary for the regulation and enforcement of such stock law within the city limits. Also to levy such tax as may seem proper upon dogs. Animals; election; ordinances; dog tax. Section 31. 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, how the chimneys, stovepipes and flues are to be constructed, and generally to do all such things as they deem necessary in order to protect said city as far as possible from danger from the fire and to prevent the spread of fire from one building to another. They shall also have authority to order any change in the construction or arrangement of buildings, chimneys, stovepipes or flues, or to order the removal thereof, when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expense of such change or removal, which expense may be collected as taxes are collected, and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, said mayor and council may order such building removed or altered, and if such person, firm or corporation shall not remove or alter such building after notice to do so, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Fire districts; rules, regulations. Building, etc., control. Removal, alteration; expense. Section 32. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full and complete control of the streets and sidewalks, alleys and squares of said city, and shall have full power and

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authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading or in any way changing the street lines and sidewalks of said city. And when the mayor and council of said city shall desire to exercise the power and authority granted in this section, it may be done whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, in the manner provided by sections 36-301 to 36-607 of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, structures, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Streets, sidewalks, etc. Condemnation. Obstructions, nuisances. Section 33. Be it further enacted, That the mayor and council of said city shall have full power and authority to pass all laws and ordinances concerning the drainage and proper maintenance and care of the streets, alleys and sidewalks and other public places of said city, to provide for the paving of the same or any part thereof, whenever in their judgment the same becomes necessary, and to provide how said paving, maintenance or care shall be paid, whether by said city or whether by the adjacent land owners or by both. Drainage, paving, maintenance of streets, etc. Expense. Section 34. Be it further enacted, That said mayor and council shall have power and authority to establish a system of waterworks, sewerage, electric lights, or any of them in said city for the purpose of supplying its inhabitants and the city, as well as consumers generally with water, sewerage and lights or any of them, and said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the city, and if necessary, to condemn the same as hereinafter provided for; said mayor and council shall have the authority to make contracts for the purchase of plants, machinery, etc., and make contracts with the inhabitants of said city, and with the consumers generally as to the furnishing of water, of sewerage

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or lights, or any of them. Said mayor and council shall have also full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city and the public with electric lights, water, sewerage or any of them, and to make such contracts with such person, firm or corporation for water, sewerage and lights, or any of them as may by said mayor and council seem proper; provided, that the city shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by a majority vote of the qualified voters of said city at an election to be held for that purpose, of which at least four weeks' notice shall be given in writing, posted at three or more public places in said city by said Mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election and which election shall be governed by the laws applicable to the regular elections of city officers. The mayor and council of Milan are hereby authorized and empowered to pass all ordinances, rules and bylaws necessary to carry out and effectuate the powers granted in this section. Waterworks, sewerage, lights. Contracts; condemnation; use of streets; etc. Election as to contracts. Ordinances, etc. Section 35. Be it further enacted, That the City of Milan shall only issue its bonds either for the payment of its debts for public improvements, as now or hereafter provided by law. Bonds. Section 36. Be it further enacted, That the mayor and council shall have full power and authority to contract for or to condemn any lands or premises within or without the city for the purpose of establishing and maintaining an electric light plant, and a waterworks system and a sewerage system, or any of them; provided that if the right to condemn herein granted be exercised all proceedings shall be and had under the provisions of sections 36-301 to 36-607 of the Code of Georgia of 1933 and Acts Amendatory thereto. Electric light plant, water and sewer systems; contract, or condemnation under Code. Section 37. Be it further enacted, That the mayor and council of said city shall be authorized and empowered to establish an electric light system, a sewerage system, waterworks system, or any of them, as hereinafter provided in

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connection with and jointly with any town or city in either of the Counties of Dodge, Telfair and Wilcox, under such terms and conditions as may be prescribed by the municipal authorities of the cities or towns thus contracting by ordinances duly passed by each of said cities or towns; provided that the power herein granted shall not become effective until similar power has been conferred upon the city or town proposing to contract with the City of Milan. Public-utility systems; cooperation with other towns or cities. Section 38. Be it further enacted, That the mayor and council shall have full authority and power to tax and grant license to persons operating general or department stores, fruit stands, millinery stores, hotels and board houses, banking institutions, manufacturing plants, markets and any and all kinds of businesses wherein to tax same will not be repugnant to State laws; also to tax and license theaters, moving picture shows, exhibitions, fairs of all kinds, except as are clearly educational and morally uplifting, as well as itinerant dealers of all kinds, and all such licenses being due and payable on January first of each year. Business, amusement, etc., taxes and licenses. Section 39. Be it further enacted, That the said mayor and council shall have full power and authority to require any person, firm or corporation, whether a resident or a nonresident of the City of Milan, engaged in or carrying on or who may engage in or carry on any trade, business, vocation or profession within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, calling, vocation or profession annually, and to require such person or firm or corporation to pay for such registration and for license to prosecute, carry on or engage in such business, calling or profession, such amount as the mayor and council may by ordinance require. Said mayor and council may by ordinance provide for the punishment of all persons, firms or corporations, who are required by ordinance to pay the said special tax and register, who shall engage in, or offer, or attempt to engage in such business, calling or profession without first complying in all respects with the city ordinances in reference thereto. Business, profession, etc., registration; fees. Violations. Section 40. Be it further enacted, That the mayor and council are hereby given authority to pass such ordinances as may be necessary and proper in order to carry the foregoing

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section into effect; they are also empowered to classify business and to arrange the various businesses, trades and professions carried on in said city into such classes of subjects for taxation as they may deem just and proper. Necessary ordinances. Classification of businesses, etc., for taxation. Section 41. Be it further enacted, That the mayor and council of Milan shall have power and authority to levy and collect a tax annually of not exceeding one and one-fourth to one and one-half percent upon all and every species of property, both real and personal, within the limits of the City of Milan, including bonds, notes, debts, choses in action, money employed in banking and otherwise, in their discretion. Ad valorem tax. Section 42. Be it further enacted, Said mayor and council shall, at their first meeting in January of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city as city tax assessors, whose term of office shall be one year. Said city assessors shall at any time be removed from office by the mayor and council and all vacancies occurring from any cause may be filled by the mayor and council at any time. It shall be the duty of said tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal and real property thereon when, in their judgment, the value placed thereon is too small. The mayor and council shall have the authority to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by said assessors, such taxpayer shall, within ten days after the assessors have made their returns to the mayor and council, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one arbitrator to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk it shall be his duty to notify the mayor of the fact, and it shall be the duty of the mayor to forthwith name an arbitrator to represent said city in

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fixing the value of the property in dispute, and the two arbitrators so elected shall be immediately notified by the city clerk and shall forthwith select an umpire, and the board of arbitrators so constituted shall immediately proceed to give their award as to the value of such property, which award shall be returned to the city clerk and shall be final on both the city and the taxpayer. The city assessors shall take such oaths and receive such compensations as the mayor and council may prescribe; they shall have the power to require any taxpayer to furnish them a list of notes, accounts, mortgages, stocks, bonds, deeds or bonds for titles, to realty and other securities and investments whenever, in their opinion, the same is necessary for a correct assessment, and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. The mayor and council shall have the power and authority to pass such ordinances as are required to effectuate this section. Tax assessors; duties. Tax procedure. Powers over taxpayers; punishment for contempt, under ordinances. Section 43. Be it further enacted, That the mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due. Tax ordinances. Section 44. Be it further enacted by the authority aforesaid, That executions for any and all taxes or licenses or demands of any sort due the city or its corporate authorities, by any persons, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said city, signed by him, bear test in the name of the mayor, and be directed to the marshal of said city and his deputies and to all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution, with all cost. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued by the City of Milan as they levy and collect executions issued from the respective courts of which they are an executive officer. Executions, collection. Levy, etc. Section 45. Be it further enacted, That authority to carry

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out and effectuate by ordinance each and every power granted to the City of Milan in this Act is hereby expressly conferred on the mayor and council of said city; and said mayor and council shall have generally the power and authority to make and pass such rules, bylaws and ordinances as shall appear to them necessary or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said City of Milan. General welfare and police powers. Section 46. Be it further enacted, That the mayor and council of said city shall have the right to elect such other municipal officers besides those herein specified, as may to them seem necessary and proper, providing therefor when necessary by ordinance, and in the same manner prescribing their duties and compensations and fixing their compensation. Other municipal officers. Section 47. Appeals from the Mayor's Court shall be made to the Superior Court as now provided by law, but from the decisions of the Mayor's Court, there shall be no appeal to the council. Appeals from Mayor's Court to Superior Court. Section 48. It shall be the duty of the mayor and council of the City of Milan to enact such ordinances as will require the marshal, deputy marshal, clerk and treasurer of the City of Milan to keep a book in which they shall make entries of all receipts and disbursements of the city's funds, and to turn over all books, accounts and moneys and to get receipts therefor, upon their retirement or at the expiration of the terms of their office. Officers' books, accounts; monies; receipts and disbursements. Section 49. The present mayor and council, city clerk and treasurer and the town marshal shall hold their respective offices under this charter until their successors are elected and qualified. Present officers to remain. Section 50. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947.

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DANIELSVILLE NEW CHARTER. No. 396 (House Bill No. 217). An Act to amend, consolidate and supersede the several acts incorporating the City of Danielsville, 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 the territorial limits of said City; to provide for the powers thereof; to provide a Mayor and Council, and to define their powers and duties; to provide the punishment of violators of the ordinances of said City; 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 City 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 City, and for the qualifications of the Mayor and Council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decisions of City Clerk refusing to allow person to register; to provide for a notice to persons whose name is stricken from voters list and for a hearing on same; to provide for a City Clerk and Treasurer, a City 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 City ordinances therein; to provide for the arrest of violators of City ordinances, with or without warrant; to provide for the taking of appearances bonds, and for the forfeiture of the same; to provide for a City chaingang; to provide for appeals and certiorari from the Police Court and from the decision of the Mayor and Council in criminal cases; to require tax returns to be made by the citizens of said City and by persons owning property in same City; to provide for a board of tax

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assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the City, and to define its limits; to empower said City to widen its streets; to provide for the removal of obstructions from streets; to empower said City to require railroad companies to make and repair crossing in said City; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades, businesses, callings and professions, to provide for the registration of trades and businesses, and to authorize said City to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to 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 City, to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with City lines; to provide for the prorating 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

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trial of such; to provide for street improvements abutting State property and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the City and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said City and for sewerage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of sanitary lots; to authorize the City to maintain and operate a system of 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 City; to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said City and for fire regulations therein; to provide for vaccination, for the pest house and for the prevention of diseases; to provide for a City cemetery and its regulation, to provide for the power of the City to grant encroachments on public streets; to provide for a City prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said City, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for City parks, and for the regulations of trees in said City; to empower said City to require all male citizens between the ages of 21 and 50

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to work on streets of the City, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of trains and vehicles and their speed in said City; to provide for prevention of idleness and loitering; to provide for a City fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said City; to require building permits before any building or structure can be erected in said City; to provide for the condemnation of private property, within and without the City, for public purposes; to provide for the issuance of bonds, for bonds elections and for the levy and collection of a tax to pay said bonds; to provide for the sales of City property by the Mayor and Council; to provide for the repeal of all prior Acts incorporating the City of Danielsville, 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, City incorporated. That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Danielsville, located in the County of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Danielsville. Section 2. Corporate Limits. Be it further enacted That the corporate limits of City of Danielsville, shall include the following territory, to wit: That the corporate limits of said City shall extend one-half mile in every direction from the County Courthouse of said City. Provided, that the Mayor and Council shall be empowered to extend the limits to three-fourths ([frac34]) mile by ordinance, provided, further that this shall not be done unless two-thirds of the legally qualified voters of City shall vote to extend the limits to three-fourths of a 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

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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. Limits described. Extension. 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 Danielsville, and said City of Danielsville, is hereby chartered and made a city under the corporate name of City of Danielsville, 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 Danielsville, as created by this Act: And the City of Danielsville as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its Mayor and Councilmen, such ordinances, bylaws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said Mayor and Councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Danielsville shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatever kind, and within or without the limits of said City and for corporate purposes said City of Danielsville, 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 Danielsville and its Mayor and Councilmen as a body corporate as heretofore incorporated. General powers. Section 4. Be it further enacted, that the municipal government of the City of Danielsville shall consist of and be vested in a Mayor and four Councilmen; that said Mayor and Councilmen shall have the full power and authority

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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, 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 companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said City, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and for the preserving of peace, good order and dignity of said government; and said Mayor and Councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said City, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said Mayor and Councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted of said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor and Council. Powers. 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 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

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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 in the City of Danielsville and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said City; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such Police Court or contempt of the Council by imposing such sentence or penalty as may be authorized by the ordinances of said City; to bind said City by signing any contract, obligation or other matter entered into and authorized by ordinance by 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. His duties and powers. Section 6. Be it further enacted, that the present Mayor and Councilmen of said City of Danielsville shall continue in office until January 1, 1948, and said Mayor and Councilmen shall exercise all the powers and authorities conferred upon the Council of said City of Danielsville, created by

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this charter, and on the second Tuesday in December, 1947, a Mayor and four Councilmen shall be elected, as provided in the next Section of this Act. Terms of present Mayor and Councilmen. Section 7. That on the second Tuesday in December of each year an election shall be held in said City for Mayor and Councilmen, for the succeeding year. On the first Monday in January, after said 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 severally take, before some officer authorized to administer oaths under the laws of Georgia, 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 Danielsville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City to the best of my skill and ability, without fear or favor; so help me God. Should the Mayor or any Councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said Mayor and Councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the City may require, which special or called meetings, shall be called by the Mayor in his discretion, to be convened as provided by the City ordinances. In the event that the office of Mayor, or any one or more of the Councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the Mayor and Councilmen, in the case of vacancies in the Council and by the Councilmen in the case of a vacancy in the office of Mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Election of Mayor and Councilmen. Their oath. Meetings. Vacancies. Section 8. Be it further enacted, that should the Mayor or any member of the Council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the Council, declared vacant and the vacancy filled as above provided. Declaration of vacancy.

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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 Danielsville 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 General Assembly, and may act as manager of said City 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 election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the Mayor and Council shall provide as many voting booths as may be necessary at said City Hall or other designated place for the holding of any election. The polls shall be opened at 1:00 o'clock p.m. and close at 4:00 o'clock p.m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Councilmen. The Mayor and Councilmen shall determine and provide for the 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. Election Managers. Oath. Election procedure. Expenses of elections. 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

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and sealed and forthwith delivered to the Clerk of said city, who shall safely keep the same, and it shall be the duty of the Mayor to call a special meeting of the Mayor and Councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said Clerk to deliver said package to the Mayor and Councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for Mayor and Councilmen, or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the Mayor and Councilmen within ten days after the result has been declared, under the same regulations, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Declaration of election results. Section 11. Be it further enacted, that if the results 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 contestant, 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 Courthouse. Said Ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said Ordinary is authorized to issue the usual execution. Election contests.

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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 Danielsville 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. Qualified 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. Mayor and Councilmen. Qualifications. Notice of candidacy. 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

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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. (Sunday and legal holidays excepted) until twenty days prior to any regular or special election of said City, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following such election. It shall be the duty of the Clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the City, and who upon the day of the election, if then a resident, will have resided in said City for thirty days prior thereto, to allow such person to register his name, 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 Danielsville six months next preceding his registration, or that by the date of the next city election, if you are still a resident of the City, you will have fulfilled these conditions; that it is your intention to remain a resident of this City until the date of the next City election; that you are eighteen years old; that you have paid all taxes due the City of Danielsville, and all poll taxes required by the laws of the State of Georgia except taxes for this year, and that you have made all returns required of you by the ordinances of this City; so help you God. It shall be the duty of the Clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto, or by someone authorized to do so for him. However, no person registering in said book shall be required to again register as a qualified voter of said town so long as he remains a resident of said City, and does not disqualify himself by non-payment of taxes or otherwise, it being the purpose

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of this Act to provide a permanent system of registration for said City. Registration of voters. Oath. Section 16. Be it further enacted, that at the first regular meeting of the Mayor and Councilmen in January of each year, said Mayor and Councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the Clerk of said City, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the Mayor and Council. The compensation of 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. Registrars. Oath. Compensation. Term. Section 17. Be it further enacted, that the Clerk of the City of Danielsville 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 Danielsville, 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

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be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voter's list by accident or mistake. Lists of qualified voters. 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 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 from refusal to allow registration. 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. Purging of registration lists. Notice. Hearing.

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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 City Clerk who shall also act as Treasurer of the City, and the salary of the Mayor and Councilmen and Marshal and other officials of the City shall be fixed by the Mayor and Councilmen at the beginning of each year by proper resolution entered on the minutes of said City. Said Treasurer to give bond with security in the sum of five hundred 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 Danielsville. Said Mayor and Councilmen shall have the power and authority to suspend and remove said officers, in their discretion; and it shall be the duty of the Mayor and Councilmen to fix the salaries or compensation of said Mayor and Councilmen and all other officers, agents and employees of said City, which, when once fixed, shall not be increased during the term of office of the said Mayor, Councilmen or officers. However, the salary of the Mayor of said City shall not exceed the sum of sixty dollars a year; the salary or compensation of the Councilmen of said City shall not exceed the sum of fifty dollars per year; the salary or compensation of the City 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 said City 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 expenditures of the Mayor and Councilmen for City purposes shall be paid out of the city funds by an order drawn by the City Clerk, 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

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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. City officials. Bonds. Salaries. Section 21. Be it further enacted, that the Mayor and three Councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said Council the Mayor or the Mayor Pro Tem., if he be presiding, shall be entitled to vote only in the case of a tie. The Mayor shall have the veto power and may veto any ordinance or resolution of the Councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen, on an aye and nay vote, duly recorded on the minutes of the City Clerk; but unless he shall file in writing with the Clerk of said City his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve same and the measure go into effect immediately. Mayor and Council; procedure. Mayor's veto. Section 22. Be it further enacted, that the Mayor or in his absence or disqualification the Mayor Pro Tem., or in the case of the absence of both the Mayor and the Mayor Pro Tem., any Councilman of the City of Danielsville 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 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 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 City prison or in the county jail, having previously

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arranged with the county officers, not to exceed thirty days, or to work on the streets in the city chain gang, or such other public places as the Mayor or acting Mayor may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chaingang 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 chaingang 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. Procedure. Punishments. 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. If offense charged beyond jurisdiction of Police Court. 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 City 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. Authority of Marshal and policemen to summon bystanders. Section 25. Be it further enacted, that it shall be lawful for the Marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said City who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said City, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Madison County, for a reasonable

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length of time. It shall be lawful for the Marshal or any policemen of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Danielsville, which violation takes place in the presence of 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 Danielsville; 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 City, 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. Authority of police officers to arrest. Bonds, forfeiture. Section 26. Be it further enacted, that the Mayor and Councilmen of the City of Danielsville shall have the power to organize one or more chaingangs or work gangs and confine therein persons who have been sentenced by the police court of the City of Danielsville to work upon the streets or public works of said City; and shall have the 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. Chaingangs. Section 27. Be it further enacted, that the Mayor or the Mayor Pro Tem., when any person or persons are arraigned before the Mayor's or Police Court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said City, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await

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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 Danielsville. Police Court procedure. As to bonds. Cash bail. 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 the 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 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 from decision of Police Court to Board of Councilmen. Certiorari.

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Section 29. Be it further enacted that all persons owning property in the City of Danielsville 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 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 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 filled by the Mayor and Councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the Mayor and Councilmen; when

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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 nonresident taxpayer, with postage prepaid to his last known address, shall constitute legal notice to him. Board of Tax Assessors. Duties. Section 31. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right 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. 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

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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 Danielsville 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 City authorities and to provide a fund for the payment of annual interest on said bonds a greater ad valorem tax may be levied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said Mayor and Councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said Mayor and Council so desire. Ad valorem tax. Tax ordinances. Retirement of bond indebtedness. Section 35. Be it further enacted, that the Mayor and Council of the city of Danielsville shall have full control over the streets, sidewalks, alleys and lanes of said city,

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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 Danielsville, 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 Danielsville 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 Danielsville 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, 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 Danielsville for business purposes and no person, firm or corporation shall have the right to use the streets of said City

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of Danielsville for business purposes without first having obtained the consent and license of the Mayor and Council of the City of Danielsville, provided, that such consent and license shall not be required of farmers using the streets of the City of Danielsville in selling and disposing of agricultural, grove, orchard, poultry, dairy, and other products grown, raised, and produced by them on farms operated by them. Authority over streets, sidewalks, etc. Condemnation. Obstructions, nuisances. License for use of streets. Farmers. Section 36. Be it further enacted, that the City of Danielsville 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. Waterworks. Section 37. Be it further enacted, that said City of Danielsville 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 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

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crossing on their several roads whenever and in such manner as said Mayor and Councilmen may deem necessary. Railroad crossings in City. 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, naphtha, 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. Steam boilers, fireworks, explosives, guns, etc. 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 said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Occupational licenses and taxes. Section 41. Be it further enacted, that said Mayor and Councilmen shall have full power and authority to license billiard tables, pool tables, tenpins alley, and all tables kept and used for the purpose of laying, gaming, or renting, all tenpin alleys, ninepin alleys of any kind which are

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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 by ordinance prescribe. Licensing of amusements. Section 42. Be it further enacted, that said Mayor and Councilmen shall give full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers; licensing and taxation. Section 43. Be it further enacted, that the Mayor and Councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices, and such articles, all barber shops and beauty parlors, all oil mills, ice works, laundries, waterworks, all opera houses, 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 a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, sideshows 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. Licensing and control of other activities. 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

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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 City ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Danielsville, without having first procured such license and complied with all other requirements of said City of Danielsville, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and, upon conviction thereof, in the Police Court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Danielsville, requiring a license, prior to May first of any year, the Mayor and Councilmen shall add the sum of twenty percent 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 Danielsville, 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. Tax or license fi. fas. Failure to obtain required license. Penalty. Section 45. Be it further enacted, that the Mayor and

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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 Danielsville, 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 person, firm or corporation an opportunity to be heard on the question before said Mayor and Council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the Mayor and Council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the Mayor and Councilmen of said City, revoking any such license, shall be final. Revocation of licenses, etc. Notice. Hearing. Section 46. Be it further enacted, that the Mayor and Councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals, when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals 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 is under such rules and regulations as may be prescribed by the Mayor and Councilmen. Animals running at large. Section 47. Be it further enacted, that the Mayor and Councilmen of said city shall have the power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading

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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 for streets, etc. Obstructions, nuisances. Section 48. Be it further enacted, that the City of Danielsville, by and through its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, lane or other public place in the said City of Danielsville, 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. Paving and drainage. Section 49. Be it further enacted, that one-half of the total cost of grading, paving, repaving or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by said city; provided, however, that when said sidewalk in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the

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purpose of assessment, be deemed considered as abutting on corner lots or tracts. Sidewalks. Section 50. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other one-third of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said City shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, 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. Assessment of costs of improvements. Section 51. Be it further enacted, that said Mayor and Council of said City of Danielsville 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 an 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

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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, and sewer pipes. Section 52. Be it further enacted, that the assessment, against each owner of abutting property under the provision of this Act shall be prorated 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 or abutting property so paved, repaved, improved or reimproved. Determination of assessments. Section 53. Be it further enacted, that where a railroad company or other company, person or corporation has tracks on or across said streets or sidewalks so paved or improved the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving of so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said track. Railroad tracks. Section 54. Be it further enacted, that said City of Danielsville 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 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, repaved, improved or reimproved 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

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without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collection of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving or reimproving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalks. Petition to construct or improve not necessary. Bids. 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 passed unless said Mayor and Council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Streets, avenues, etc. Petition to improve. Section 56. Be it further enacted, that in determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owner's undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. How companies and corporations counted as petitioners. Section 57. Be it further enacted, that the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made. And pending the consideration for such ordinance an advertisement shall be inserted at least one time

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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 others interested are notified to appear at a meeting of said Mayor and Council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinance. Said meeting may be held at the time for the regular monthly meeting of said Mayor and Council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane or other public place or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property owner or other person 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, repaving or other improvements to be made, or they may decline to pass said ordiance. 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 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

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such ordinance that the Mayor and Council shall deem best they shall cause such improvements to be made. Plans and specifications for improvements. Advertisement of intention to improve. Hearing. After passage of ordinance to improve. Section 58. Be it further enacted, that said Mayor and Council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of contracts and the provisions thereof; and the said Mayor and Council shall by ordinance provide that the contractors shall execute to the City of Danielsville 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 Danielsville 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 percent 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 Danielsville. The right is hereby expressly granted to the City of Danielsville 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

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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 and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Letting of contracts. Contractor's bond. Proposals and bids. Section 59. Be it further enacted, that as soon as the 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 appoint 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, 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 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 Danielsville, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. Appraisal and apportionment of costs by Engineer or committee. Hearing. 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 hearing objections to the same and to confirm the same either as made by said

Page 1699

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 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 coequal 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. Assessing ordinance. Lien. 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 Danielsville 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 of such owner or agent is not known it will be sufficient to serve said

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notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the Clerk or by the Marshal of said city. Notice of assessments. 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 Danielsville, his, her or its assessment as required by this Act, at the expiration 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 also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven 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 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 purchases 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 Danielsville shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions and sales. 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

Page 1701

enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer, and the Town shall allow the use of its machinery of government for the collection of said executions. Transfer and assignment of executions. Section 63. Be it further enacted, that the passage of the ordinance for paving, repaving, or otherwise improving the streets, sidewalks, alleys, lanes or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the Council, be notice of such 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. Liens. 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 the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to

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such affidavit of illegality shall have the right of appeal to the Supreme Court as in cases of illegalities originating from executions issued by the Superior Courts of this State. In the event any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatsoever, the Mayor and Council may at any time in the manner provided for 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. Contest of legality of executions. Procedure on affidavit of illegality. Appellate review. New assessment. 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 counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this Act for and on behalf of the State; and where the county is the owner the Commissioner of Roads and Revenue of said Madison County is authorized to sign on behalf of the county, and where the City of Danielsville is the owner the Mayor of said city is authorized to sign and in behalf of the said city. Where State or political subdivision owner of abutting property. Section 66. Be it further enacted, that the Mayor and Council of the City of Danielsville are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said Mayor and Council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided

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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 terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bond elections. Issuance of bonds. Section 67. Be it further enacted, that if the said Mayor and Council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven percent per annum until paid. Payment of assessment in installments. Section 68. Be it further enacted, that in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal 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 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

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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 Danielsville. When installments 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. Installments due, liens. Section 70. Be it further enacted, that in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments, the said Mayor and Council are hereby authorized and empowered to provide by resolution, after the expiration of thirty 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 leaving the said assessments, and of such denominations as the said Mayor and Council may

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determine, which bond or bonds shall in no event become a liability of the Mayor and Council or the City of Danielsville 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 percent 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 City thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for the 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. Assessment paid in certain installments. Issuance of bonds for unpaid installments. Section 71. Be it further enacted, that in the event that the Mayor and Council provide in said assessment ordinance for the paving, repaving, or otherwise improving of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 70 of this Act, the assessments provided for and levied under the provisions of this Act shall

Page 1706

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 Danielsville, 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 installment and interest; and it shall be the duty of said Treasurer promptly after the date of the maturity of such installment or assessment and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvements, 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 Danielsville, or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement; and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Payment of assessments on which bonds issued. Notice. Default. Execution and sale. Redemption. Affidavits of illegality.

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Section 72. Be it further enacted, that if the said City of Danielsville in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the Mayor and Council may, by appropriate ordinance, direct that such money be expended for the purpose of paying the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. Payment of City's 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 400 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 Danielsville 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 improvements of streets and sidewalks in said City. Application of Code Chapter 69-4. 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

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have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said City, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence, or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by said Mayor and Council, or under their direction, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the Mayor and Councilmen by appropriate ordinances. Sewerage, drainage, and sanitation. Assessments. Section 75. Be it further enacted, that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said city 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. Easements for sewers. Assessment of damages. Section 76. Be it further enacted, that said Mayor and Councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Execution of foregoing provisions as to sewerage, drainage, and sanitation. Section 77. Be it further enacted, that for the purpose

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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 or drainage 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 lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said Mayor and Councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the 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 assessments shall not be made on vacant lots nor residence lots subdivided. Assessments for sanitary improvements. Section 79. Be it further enacted, that jurisdiction of the Mayor and Councilmen and the territorial limits of the City of Danielsville 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 ordinance 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

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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 of City over all lands acquired for waterworks, sewer, and electric-light purposes. Cemeteries. Section 80. Be it further enacted, that the 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 locations, 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 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

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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 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, sewers, water-closets, etc. Outdoor toilets. Section 82. Be it further enacted, that the Mayor and Councilmen of said city may be ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the Mayor and Councilmen may provide. It shall be their duty to meet as often as necessary, or as the Mayor and Councilmen may prescribe, and to visit every portion of the city, and to report to the Mayor and Councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said Mayor and Councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts of negligence caused said nuisance, or the party owing 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

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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 requirement of said Mayor and Councilmen, by draining or filling said lots or cellars, it shall be lawful for said Mayor and Councilmen, to have this work performed and the amount expended in doing so collected by executions, and the sale under such execution shall pass the title to the property. Abatement of nuisances (lots and cellars to be drained or filled). Section 84. Be it further enacted, that said Mayor and Councilmen may be ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The Mayor's or Police Court in said city shall have concurrent jurisdiction with the Mayor and Councilmen of said city in respect to the trial and abetment of all nuisances in said city. Other 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, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said Mayor and Councilmen shall have full power and authority to abate as a nuisance any place in City when said Mayor and Councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said Mayor and Councilmen shall have full power and authority to cause said Marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Blind tigers, liquor sales, etc. 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

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City of Danielsville and to enlarge, change or modify its limits from time to time, to prescribe when, how and 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 said City as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, 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 district. Building regulations. Section 87. Be it further enacted, that said Mayor and Councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of the city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the City. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the City. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the City to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health regulations.

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Section 88. Be it further enacted, that said Mayor and Councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Places of divine worship and cemeteries. 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. 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. Jurisdiction over violators of ordinances of City, who have escaped therefrom. Section 91. Be it further enacted, that the Mayor and Councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said Mayor and Councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee or Mayor and Councilmen conducting said examination, shall 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. Examination of conduct of officers. Section 92. Be it further enacted, that the Mayor and Councilmen shall provide for a City prison which shall be safe and suitable for the keeping and detention of city

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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. City 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. Gaming, lewdness, 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 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. Houses of ill-fame, gaming places, etc. Section 96. Be it further enacted, that all executions in favor of the City of Danielsville for the enforcement and collections of any fine, forfeiture, assessment, taxes or other claim, demand, or debt, shall be issued by the Clerk and bear teste 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 Danielsville 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 Sheriff's and Constables' sales, and to be made under the same rules and regulations as govern Sheriff's sales and Constables' sales of similar property; that the time, place and manner of sale of property, both real and personal for taxes due, shall be the same as

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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 percent 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 Danielsville and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs and after such property shall have been reasonable time, when 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 Danielsville, 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 Danielsville. 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

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this section shall have all the force and effect of sales and conveyances made by Sheriffs and Constables of this State, and the officer making the sales shall have the same power as the Sheriffs and Constables to put purchasers in possession of property sold by them under the laws of this State. General executions and sales. Redemption of property sold for taxes. Section 97. Be it further enacted, that the said Mayor and Councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Danielsville 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, warrants. Section 98. Be it further enacted, that said Mayor and Councilmen of the City of Danielsville shall have power and authority to acquire, on behalf of the City of Danielsville, 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 Danielsville 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 lineman, 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

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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. Trees. Section 100. Be it further enacted, that the Mayor and Councilmen of the City of Danielsville may require and compel all male persons between the ages of 18 and 50 who have resided in the City of Danielsville as long as thirty days, except those who are exempt in section 101 of this Act, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the Mayor and Councilmen may require, or to pay a commutation tax in lieu thereof not exceeding 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 chaingang of said city not exceeding twenty days. Said Mayor and Councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Street tax or work. 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 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. Persons exempt from street tax

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Section 102. Be it further enacted, that the Mayor and Councilmen of the City of Danielsville 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. General police powers. Section 103. Be it further enacted, that said Mayor and Councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for 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; Idleness and loitering. Section 105. Be it further enacted, that in case the Mayor or a Councilman while in office shall be guilty of malpractice and willful neglect in office or abuse of the

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power conferred on him shall be subject to be impeached by the City Council, and on conviction shall be removed from office. Impeachment of Mayor or Councilman. Section 106. Be it further enacted, that it shall be the duty of the Mayor and Councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire Department. Section 107. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the City Marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. 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 Danielsville, together with this Act, into one book to be known as The Code of the City of Danielsville, 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 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 Danielsville; 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 Danielsville, certifying the same to be the code of ordinances and laws of said City. City Code. When evidence. 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

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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 Danielsville shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights of way for any electric light, water supply, gas, or sewer line or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the Mayor and Councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Sections 36-301, et seq. Condemnation of private property for public purposes. Section 111. Be it further enacted, that the Mayor and Councilmen of the City of Danielsville 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 waterworks, water supply system,

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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. Bonds for public works, etc. Section 112. Be it further enacted, that, before any proceeding towards the issuing of bonds for any of the purposes named in the preceding section, the Mayor and Councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications, and estimates of cost may be paid from current expenses funds and/or from the proceeds of the bonds sold. Plans, specifications, etc., for public works. 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 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 City as fixed by the Constitution of the State shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by said Mayor and Councilmen as hereinbefore

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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. Bond ordinances, etc. Such elections. Form and nature of bonds. Section 114. Be it further enacted, that whenever any bonds are issued by said City, it shall be the duty of the Mayor and Councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 115. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes thereof in the name of said city, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 116. Be it further enacted, that said City by and through its Mayor and Council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to 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 and systems.

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Section 117. Be it further enacted, that all ordinances heretofore adopted by the Mayor and Councilmen of the City of Danielsville, 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 Danielsville may at any time repeal, alter or amend any of said ordinances. Present ordinances; what remain in force. Section 118. Be it further enacted, that all Acts of the General Assembly of Georgia heretofore passed incorporating the City of Danielsville, Acts of 1913 page 770, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act are hereby repealed, and all laws, and parts of laws in conflict with Act be and the same are hereby repealed. Repealing clause. Section 119. Be it further enacted, that the Mayor and Council of said city shall have the power and authority to sell any property belonging to the said City 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 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 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. Sales of City property. Section 120. Be it further enacted, that in the event any article, section, paragraph or provision or provisions

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of this Act, in whole 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 Danielsville 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. If part of Act illegal. 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. Date effective. Section 122. That all laws and parts of law in conflict with this Act are hereby repealed. Approved March 28, 1947.

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RESOLUTIONS. MISCELLANEOUS SUBJECTS. Resolutions printed in preceding pages before Supreme Court decision (Thompson v. Talmadge), afterwards approved by Acting Governor (with Numbers and Reference pages): Crisp CountyReconveyance to, by State (No. 2, p. 6). Eugene Talmadge Monument Commission (No. 4, p. 302). March of Dimes Week (No. 1, p. 5). National Lunch Program (No. 3, p. 250). Other Miscellaneous Resolutions approved by Acting Governor, following this tabulation, in numerical order: Atlanta Northern Railway, Abandoned Right of WayAcquisition (No. 8). Compensation for Automobile Injuries to Named Persons (No. 18). Fire Protection (No. 7). Food Processing Plant, Lease forValdosta State Farmers' Market (No. 16). Georgia-Tennessee Boundary Commission (No. 5). Georgia-Tennessee Boundary CommissionAction if No Agreement (No. 6). Homerville Veterans' Home (No. 11). Law Books to Clarke County (No. 15). Law Books to Johnson County (No. 25). Law Books to Pickens County (No. 14). Memorials: Blue Star Drive (No. 9). Hi-Y and Tri-Hi-Y Club Members, Who Perished in FirePlaque (No. 31). Sons of Mothers of Georgia, Who Died in Defense of Country (No. 12). Return of Bills for Delivery to Acting Governor (No. 1 A). Tax Revision Committee (No. 19). United Spanish War Veterans Memorial Highway (No. 13). Veterinary College (No. 21). Waco Military ReservationPurchase (No. 28). Western Altantic RailroadRelocation because of Etowah River Reservoir (No. 20). RETURN OF BILLS FOR DELIVERY TO ACTING GOVERNOR. No. 1A (Senate Resolution No. 36). A RESOLUTION. Whereas, the General Assembly of Georgia has acted under a misapprehension of the law in assuming that the Honorable Herman Talmadge was the duly authorized and lawful Governor of this State, and Preamble.

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Whereas, the Supreme Court of Georgia on March 19, 1947, rendered its decision holding that the General Assembly was without authority to elect a Governor, and ruling specifically that in such circumstances the General Assembly undertook to elect another person as Governor, namely, the Honorable Herman Talmadge, such attempted election was a void Act, which did not confer upon him any right or title to the office of Governor, and Misapprehension as to Governorship, under Supreme Court decision. Whereas, the Constitution of Georgia makes it mandatory that the Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, and Whereas, practically all of the bills passed by the General Assembly were directed to the Honorable Herman Talmadge, rather than to the Honorable M. E. Thompson, the lawful acting Governor of the State of Georgia, Bills previously submitted to Hon. Herman Talmadge instead of Hon. M. E. Thompson. Therefore, be it resolved by the Senate, the House concurring, that the Secretary of State and any other person who may have bills or resolutions passed by this session of the Legislature be, and the same are hereby directed to return all Senate bills and resolutions to the Secretary of the Senate, and all House bills and resolutions to the Clerk of the House of Representatives, Return to General Assembly directed. Be it further resolved that upon the receipt of the bills and resolutions, the Secretary of the Senate and the Clerk of the House are hereby directed to deliver the same to His Excellency, the Acting Governor, for his consideration in compliance with the Constitution. To be delivered to Acting Governor. Approved March 20, 1947. GEORGIA-TENNESSEE BOUNDARY COMMISSION. No. 5 (Senate Resolution No. 14). A RESOLUTION. Be it resolved that the General Assembly of Georgia as follows, to wit: 1. That the President of the Senate be and he is hereby authorized to appoint a committee of two members

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from the Senate and the Speaker of the House is hereby authorized to appoint three members of the House of Representatives to constitute a Commission on the part of the State of Georgia to negotiate with the proper authorities of the State of Tennessee and to agree upon and fix a definite boundary between the States of Georgia and Tennessee. Membership. 2. The said Commission hereby authorized and created is empowered to negotiate with the property authorities of the State of Tennessee to agree upon and fix a definite boundary line between the two States. Powers and duties. 3. After they are able to agree, then the State Highway of Georgia is hereby authorized and directed to mark said line agreed upon with permanent markers showing the line between the two States. Line to be marked. 4. In the event said Commission fails to agree, the said Commission shall notify the Attorney General of Georgia in writing to the effect that they have been unable to approve upon a definite fixed line between the two States. Notice to Attorney-General. 5. The members of said Commission are hereby authorized to draw their per diem and actual traveling expenses while in the performance of their duties. Per diem and expenses. 6. All laws and parts of laws that conflict herewith are repealed. Approved March 27, 1947. GEORGIA-TENNESSEE BOUNDARYATTORNEY-GENERAL AUTHORIZED TO BRING PROCEEDINGS. No. 6 (Senate Resolution No. 15). A RESOLUTION. Whereas, by resolution, the General Assembly of Georgia has at this session authorized the appointment of a Commission to negotiate with the State of Tennessee and to agree with the proper authorities of said State, if possible, upon a definite fixed boundary line between the two states; and Preamble.

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Whereas said Commission is charged with the responsibility in the event the two states fail to agree to notify the Attorney General of Georgia of such disagreement; Therefore, be it resolved by the General Assembly of Georgia, that in the event said Commission fails to agree with the proper authorities of the State of Tennessee and so notifies the Attorney General, then the Attorney General of Georgia is hereby authorized and directed to institute in the Federal Court the proper proceedings to have fixed and determine a definite boundary line between the State of Georgia and the State of Tennessee. Attorney-General to institute proceedings. It is further resolved that the Attorney General of Georgia and his successor in office is charged with the responsibility of diligently prosecuting said suit to a final conclusion. Approved March 27, 1947. FIRE PROTECTIONSPECIAL JOINT COMMITTEE TO STUDY PROPOSALS AND HANDLE BILLS. No. 7 (Senate Resolution No. 17). A RESOLUTION. Whereas recent serious fires involving large loss of life and property have focused attention on the inadequacy of present building codes and safety measures in this State and have pointed to the urgent need of a revision and modernization of such codes and safety measures and for State legislation with respect thereto, implementing and supplementing local ordinances and regulations; and Preamble. Whereas numerous suggestions have been made with respect to such legislation and bills have been introduced and other bills are contemplated during this session of the General Assembly of Georgia for the purpose of obtaining the desired improvement and modernization in building codes and safety measures; and Whereas this is a highly technical matter and, in order to avoid confusion and to produce effective and practical

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legislation along the above lines, it is necessary and desirable that all such proposals be considered by a special committee, authorized to consult with and seek the advice of experts in the fields of fire protection and the safeguarding of human life, to the end that all such proposals may be combined in a single legislative enactment which will be adequate in scope and susceptible of effective and orderly administration and enforcement; Now, therefore, be it resolved by the Senate of the State of Georgia, the House concurring, that there be created a Special Joint Committee of the two Houses to investigate and study all proposals which have been made and to receive and consider any other proposals which may be made, touching upon the subjects of fire protection and the safeguarding of human life with respect thereto, and within fifteen days from the adoption of this resolution, to prepare and submit to the General Assembly such appropriate legislation as it deems desirable and necessary, to serve the purposes hereinbefore referred to. Special Joint Committee to study all fire-protection proposals, and submit bills. Be it further resolved that such Special Joint Committee shall consist of five members of the House of Representatives who are to be appointed by the Speaker of the House, and three members of the Senate to be appointed by the President of the Senate. Membership. Be it further resolved that all pending bills of either House, involving proposals for fire prevention and the safeguarding of human life with respect thereto, shall be withdrawn from the standing committees to which the same have been heretofore referred and shall be referred by the presiding officer in each House to said Special Joint Committee, together with any other similar bills which may be hereafter offered, in order that all such proposals may be carefully considered and properly analyzed, coordinated and reconciled by a single committee. Bills to go to Committee. Approved March 27, 1947.

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ACQUISITION OF ABANDONED RIGHT-OF-WAY OF ATLANTA NORTHERN RAILWAYJOINT COMMITTEE. No. 8 (Senate Resolution No. 25). A RESOLUTION. Whereas the street car line of the Atlanta Northern Railway from Atlanta to Marietta which transverses the Counties of Fulton and Cobb has been abandoned; and Preamble. Whereas there is located a State highway which is practically parallel and adjacent to said abandoned right-of-way of the Atlanta Northern Railway; and Whereas the area transversed by said Highway from Atlanta to Marietta is thickly populated and is muchly used by motor traffic, both private and commercial, and is presently very congested and therefore dangerous to life and property; and Whereas it would be greatly beneficial to the City of Atlanta, the city of Marietta, the city of Smyrna and to the State of Georgia to have this abandoned right-of-way of the Atlanta Northern Railway added to the present Highway thereby creating a trunk line and access highway entrance to the downtown secton of Atlanta from all of northwest Georgia; Therefore, be it resolved by the Senate, the House of Representatives concurring, that a committee of three be appointed from the House and Senate, two to be appointed by the Speaker of the House, and one by the President of the Senate to confer with the State Highway Department, the Commissioners of Roads and Revenues of Cobb and Fulton Counties, and the mayor of the cities of Atlanta, Marietta, and Smyrna for the purpose of investigating the feasibility of acquiring the abandoned right-of-way of the Atlanta Northern Railway to be used as an addition to and in the widening of the present State highway that practically parallels said abandoned right-of-way. Joint Committee to investigate feasibility of acquisition. Approved March 27, 1947.

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BLUE STAR DRIVE MEMORIAL. No. 9 (Senate Resolution No. 28). A RESOLUTION To establish a memorial to the sons and daughters of Georgia who have served their State and Nation so valiantly in time of war by designating Blue Star Drive as such a memorial. Whereas The Garden Club of Georgia is desirous of designating U. S. Highway No. 1 in Georgia as Blue Star Drive to commemorate the services of her sons and daughters in time of war, and wishes to beautify the Blue Star Drive when so designated by planting shrubbery, establishing parks, picnic grounds and in other ways; and Preamble. Whereas The National Council of Garden Clubs is sponsoring a nation-wide movement to establish such memorial drives, and, at its suggestion, many States have already accomplished this end by designating U. S. Highway No. 1 within their limits as Blue Star Drive; and Whereas it is fitting and proper that such a dedication be made at this time; Now, therefore, be it resolved by the General Assembly of Georgia that that portion of United States Highway No. 1 which lies within the boundaries of the State of Georgia be and it is hereby designated as Blue Star Drive as a memorial to the brave sons and daughters of this State who served her so valiantly in time of war. Georgia portion of U. S. Highway No. 1 designated as Blue Star Drive. Approved March 27, 1947. HOMERVILLE VETERANS HOMECONTRIBUTIONS BY CLINCH COMMISSIONERS AUTHORIZED. No. 11 (House Resolution No. 59-283C). A RESOLUTION. Whereas the citizens of Clinch County are sponsoring and seeking to construct and establish a Veterans Home in Homerville to be used by the veterans of all wars and

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their families as a place of recreation and transaction of the business of the different veterans organizations; and Preamble. Whereas the source of funds for the purpose and construction of the Home is by public subscription; and Whereas the Home is to cost approximately $10,000.00 and the necessary amount of subscriptions have not yet been made; Therefore, be it resolved by the General Assembly of Georgia, that the Commissioners of Roads and Revenues of the County of Clinch be, and they are hereby authorized to contribute a total of $7,500.00 in their discretion, and upon the recommendations of the officers of the local VFW and American Legion, to the Board of Commissioners of Roads and Revenues. Contributions may be made from time to time as the building progresses in the discretion of the Board of Commissioners in order to facilitate the construction of the Veterans Home. Contributions for Home authorized. Approved March 21, 1947. MEMORIAL IN CAPITOL OR CAPITOL GROUNDS TO COMMEMORATE SACRIFICES BY SONS OF MOTHERS OF GEORGIA. No. 12 (House Resolution No. 89-427A). A RESOLUTION. Whereas many veterans of the State of Georgia lost their lives in defense of their country in wars that democracy might survive; and Preamble. Whereas the Georgia Chapters of the Gold Star Mothers of the State of Georgia have expressed a desire that their sons' sacrifices be commemorated; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that a Monument or marker be erected in the State Capitol, or on the State Capitol grounds, to honor the sons of mothers of the State of Georgia who gave their lives in defense of their country. Erection of monument or marker.

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Be it resolved further, that the House of Representatives appoint a committee for the purpose of ascertaining the type and description of the monument, and site of the monument. Appointment of committee. Be it further resolved, that the Georgia Chapters of the Gold Star Mothers of the State of Georgia be permitted to defray the expenses of the Memorial and the erection thereof, and that the State furnish a site for the memorial at no expense to the Georgia Chapters of Gold Star or Mothers of the State of Georgia. Gold Star Mothers permitted to defray expenses; State to furnish site. Approved March 24, 1947. UNITED SPANISH WAR VETERANS MEMORIAL HIGHWAYROADS AND ROUTES DESIGNATED. No. 13 (House Resolution No. 29-113A). A RESOLUTION. Whereas it is fitting that the services of the men who served in the armed forces of the United States during the war with Spain be commemorated; and Preamble. Whereas a route originating in Detroit, Michigan, passing through the States of Ohio, Kentucky, Virginia, Tenessee, Georgia, and Florida, to terminate at Miami, Florida, is being designated for such purpose; and Whereas the States of Michigan, Ohio, and Florida have approved said route, through their respective States, and the designation of said route is now before the other States herein stated for their approval; and Whereas said route is to be known as the United Spanish War Veterans Memorial Highway; and Whereas, when said route is completed, it will connect up the points of embarkation with Training Camps used during the war with Spain; Now, therefore, for the purpose of perfecting and completing said route,

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Be it resolved by the General Assembly of Georgia, That the following roads and routes, namely: that a certain road beginning at the Tennessee State line and indicated on the State Highway Map as Route 11 to Blairsville thence, along Route 9 from Blairsville via Dahlonega, Dawsonville and Cumming to Atlanta, and from Atlanta, via Route No. 42 via Jackson and Forsyth to Roberta, thence Route No. 7 from Roberta to Perry, thence Route No. 41 to Cordele, thence Route 33 to Thomasville, thence Route No. 35 to the Florida State Line; all routes herein referred to being unassigned and available for the purpose herein stated; be, and the same are, hereby designated as a part of said above named United Spanish War Veterans Memorial Highway for the purposes as set forth above. Designation of roads and routes. Approved March 26, 1947. PICKENS COUNTY STATE LAW BOOKS, DESTROYED BY FIREREPLACEMENT BY STATE LIBRARIAN. No. 14 (House Resolution No. 42-203A). A RESOLUTION. Whereas, on February 4, 1947, the Pickens County Court House was completely destroyed by fire, and in said fire the Georgia Reports and the Georgia Appeals Reports of said county in the possession of the Clerk of the Court were destroyed; and Preamble. Whereas said fire destroyed all legislative Acts and the Code of Georgia that were in the possession of the Clerk of the Court; and Whereas such books which were so destroyed are necessary for the county of Pickens to officially transact its business and that of the State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, so as to be a concurrent resolution of the General Assembly of Georgia: That the State Librarian be and is hereby authorized and directed to furnish the Clerk of the Superior Court of Pickens

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County, without cost to said county, except for the payment of packing and transportation charges, three (3) complete sets of the Georgia Reports, from volume No. 1 through the current volume, inclusive, and the Georgia Appeals Reports, from volume No. 1 through the current volume, inclusive, and the Annotated Code of Georgia of 1933, and one (1) set of all legislative bound volumes available. State Librarian to furnish free books enumerated. That if for any reason the State Librarian cannot furnish the law books specified in the paragraph next above, that the Governor be, and he is, hereby authorized to cause the Librarian to furnish such county with the law books specified in the paragraph next above, and the Governor is authorized to draw his warrant upon the State Treasury for the amount required for same. Alternative provision. Approved March 26, 1947. CLARKE COUNTY, MISSING APPELLATE COURT REPORTSREPLACEMENT BY STATE LIBRARIAN. No. 15 (House Resolution No. 44-207A). A RESOLUTION Authorizing the State Librarian to furnish to the Superior Court of Clarke County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals. Whereas there is missing and lost from the library of the Superior Court of Clarke County the following enumerated volumes of the Georgia Reports of the Supreme Court and Court of Appeals, to wit: Preamble. Georgia Supreme Court Reports, volumes 3, 28, 48, 67, 98, 102, 115, 118, 119, 124, 127, 131, and 149; and Volumes enumerated. Court of Appeals Report volume 22; and Whereas the business of said Court and likewise the City Court of Athens of said County is hampered and delayed on account of said lack of said Reports; Therefore, be it Resolved by the General Assembly of the State of Georgia, that the State Librarian be, and she is

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hereby authorized and directed to furnish to the said Superior Court of Clarke County, for the use of its library, without cost to Clarke County, the missing volumes of said Georgia Reports of the Supreme Court and Court of Appeals as above enumerated. State Librarian to furnish free. If for any reason the State Librarian can not furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for same. Alternative provision. Approved March 26, 1947. VALDOSTA STATE FARMERS' MARKETLEASE OF LAND. FOOD PROCESSING PLANT. No. 16 (House Resolution No. 65-334B). A RESOLUTION. Whereas the State of Georgia is in possession of as owner a tract of land situated in valdosta, Lowndes County, Georgia, upon which the State operates a State Farmers' Market; and Preamble. Whereas there is located in the northeast corner of said tract a strip of land 75 feet wide facing U. S. Highway #41 and running westerly 300 feet lying between the canal which is the northern boundary line of the State property and the Southern Railroad spur tract #2, which is not now in use by the State; and Whereas the Commissioner of Agriculture has an opportunity to enter into a long term lease of said strip of land for the erection of a food processing plant; and Whereas a food processing plant located at said point will be advantageous to the Market and to the farmers located throughout the territory served by said State Farmers' Market; and Whereas said State property and Farmers' Market is under the supervision and administration of the Commissioner of Agriculture;

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Therefore, be it resolved, and it is hereby resolved by the House of Representatives, the Senate concurring, that the Commissioner of Agriculture be, and he is hereby empowered and authorized to execute and enter into a long term lease contract for the use of said property to be used for the erection and operation of a food processing plant, said property to be so leased being more particularly described as follows: Commissioner of Agriculture authorized to lease property. A tract or parcel of land 75 feet wide fronting on U. S. Highway #41, and running back in a westerly direction 300 feet, situated, lying and being in the northeast corner of the State Farmers' Market property located in Valdosta, Lowndes County, Georgia, same lying between a canal on the north, and Southern Railroad spur tract #2, said tract to be leased being bounded on the north by the canal, which is the northern line of the State property, on the east by United States Highway #41, on the south by Southern Railroad spur tract #2 and on the west by other State property of the Farmers' Market property. Description. Be it further resolved, That the Commissioner of Agriculture shall use his discretion as to the length of the term of the lease to be entered into, and the rental to be paid to the State, and all other terms and conditions, which may or should be entered into said contract of lease. The Commissioner of Agriculture is hereby authorized and empowered to sign, seal, execute and deliver to the lessee written contract of lease setting forth and defining the terms and conditions of the contract to which said Commissioner in his discretion deems necessary and proper for a proper operation of said food processing plant in connection with the State owned and operated Farmers' Market. Terms in Commissioner's discretion. Approved March 26, 1947.

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COMPENSATION FOR AUTOMOBILE INJURIES BY STATE PATROLMAN TO H. D. SETTLES, MRS. LILLIAN ANDREWS, MR. AND MRS. ROBERT SPARKS, AND BRUCE SPARKS. No. 18 (House Resolution No. 28-103B). A RESOLUTION. Whereas, on the second day of December, 1945, while traveling in an automobile belonging to H. D. Settles, Mrs. Lillian Andrews, Mrs. Robert Sparks, Robert Sparks and Bruce Sparks, received personal injuries which necessitated hospitalization, doctor bills and medical bills to each of said parties. The amount incurred by Mrs. Lillian Andrews was $839.00, by Mrs. Robert Sparks $824.00, by Robert Sparks $110.00, and by Bruce Sparks $75.00; and Preamble. Whereas such injuries to said parties resulted from the negligence of a State Patrolman of the Department of Public Safety, while operating an automobile of the State of Georgia, at an excessive rate of speed, which has been admitted by said State Patrolman, while attempting to dodge a hog on said highway, which was crossing the road, said Patrolman collided directly into the above named parties crossing the center line of the highway, said parties being on the right side of the road and injuring them as above set forth, said injuries sustained by the above named parties being caused without fault on their part, or on the part of either of them; and Whereas said automobile belonging to H. D. Settles was damaged in such a manner as to require to same to be repaired at a cost to Mr. Settles of $50.00; and Whereas no part of said sums have been paid and it is only right and proper that said parties be reimbursed for the expenses incurred on them by reason of said accident caused by the negligence of said Patrolman; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety is hereby ordered and directed to pay to Mrs. Lillian Andrews the sum of $893.00, to Mrs. Robert Sparks the sum of $824.00, to Robert Sparks the sum of $110.00, to Bruce Sparks the sum of $75.00, and to H. D. Settles the

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sum of $50.00, as compensation for the injuries and damages above set forth. The payments aforesaid shall be made from the funds available to said Department. Said parties being citizens of this State, said amounts when paid are to be in full satisfaction of claims. Compensation provided. Approved March 27, 1947. TAX LAW REVISION COMMITTEE. No. 19 (House Resolution No. 74-376A). A RESOLUTION. Whereas it is necessary that this session of the General Assembly enact additional tax laws in order to carry on the program of expanded services for the benefit of the people, including the 50% raise in teachers' salaries; and Preamble. Whereas, by enacting the laws on this emergency basis such laws will add to the hodgepodge, inconsistent, ambiguous, and obsolete system of taxation of Georgia which has been developed over a great number of years; and Whereas, under the present system of taxation, citizens and business interests of the State, and those desiring to come into The State are faced with a maze of tax laws under which they cannot determine with any degree of ease what to pay, how to pay and when to pay, and neither can they determine with any degree of accuracy a permanent basis of tax charges on which the operation of a business can be founded; and Whereas there is a continually growing demand for revision of the tax laws of the State; Therefore, be it resolved by the House of Representatives, the Senate concurring: 1. That a committee be appointed to study and suggest a program for the revision of the tax structure of the State Government and to propose to the General Assembly amendments to the tax laws which would strengthen, equalize, clarify, simplify, and promote efficiency in the

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operation of the laws by which the State of Georgia can realize the tax income necessary to render the services that the people desire. Committee, to study and suggest program for revision. That such committee investigate all departments of the State to ascertain where economies can be effected in their operation and thereupon recommend methods for perfecting such economies and methods for reducing expenditures and eliminating unnecessary and unwarranted overhead and disbursements; that such committee further investigate the present provisions of the State Constitution regarding all provisions in any way dealing with taxes, allocation of taxes, appropriations, and all other provisions of said Constitution dealing with finance, taxation, and the public debt of the State and all subdivisions thereof, and make suitable recommendations as to all provisions in the State Constitution which may, in the opinion of the committee, require change, revision, or elimination in order to establish an equitable and fair system of taxation and the proper allocation and appropriation of taxes of all kinds. State departments and subjects to be investigated. Recommendations. 2. That the tax revision committee be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, three members of the House of Representatives to be appointed by the Speaker, two members of the Senate to be appointed by the President, the Attorney General, the State Auditor, the Commissioner of Revenue, and the following members shall be appointed by the Governor, one to represent agricultural interests, one to represent manufacturing interests, one to represent retail merchants, one to represent wholesale merchants, one to represent financial institutions, one to represent public utilities, one to represent insurance companies, one to represent veterans' interests, one to represent labor, and one to represent the interests of the housewives and mothers of the State. Personnel of Committee. 3. That the committee submit its report in the form of bills, amending, abolishing or establishing tax laws and their method of operation. Form of its report. 4. That the committee perfect its own organization and meet at such times and such places as it may determine after the adjournment of the General Assembly, and cause

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its report to be printed under the supervision of the committee not less than sixty days before the time fixed for the convening of the next General Assembly, said report to set forth in such form as the committee may determine the bills suggested by the committee to revise the tax structure of the State, with such explanation and comment as the committee may deem best for a clear understanding of its report and the revisions suggested. Its organization, meetings. Time and nature of report. 5. The committee is hereby requested to cause the report of the committee to be distributed to the members of the General Assembly not less than thirty days before the convening thereof, and to make such report available to the press and the public generally. Distribution of report. 6. In the event there is an extraordinary session of the General Assembly and the committee is able to perform the work assigned to it prior to convening of such extraordinary session, the Governor is hereby required to include in his call for the extraordinary session the consideration of the report of the committee. If extraordinary session. 7. That the committee shall exert every effort to establish a simplified system of taxation for the State in such a manner that it will be possible to include in the Constitution of Georgia limits on the taxation, even though the limits may be some higher than the actual needs of the State at the present time. This is for the purpose of establishing a fixed taxing policy so that business and industry can be assured that tax laws will not be changed overnight or made retroactive on business operations beyond the limits authorized. Duties of Committee; purpose as to taxation. 8. The committee is authorized to employ such help as necessary to property perform its duties and to employ experts in the field of taxation to make surveys and suggestions for the guidance of the committee. Employment of help and tax experts. 9. The budget authorities are authorized to make available for such legal expenses of the committee as are necessary such funds as may be determined necessary for the work, and such funds shall be paid out of the regular appropriations made for the operation of the General Assembly. Legal expenses. Funds. Approved March 27, 1947.

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WESTERN ATLANTIC RAILROAD RELOCATION, BECAUSE OF ETOWAH RIVER RESERVOIRPUBLIC SERVICE COMMISSION'S PLAN AND DUTIES. No. 20 (House Resolution No. 82-389A). A RESOLUTION. Whereas, by Joint Resolution approved on March 8, 1945 (Georgia Laws 1945, pages 1226-1228), the Public Service Commission was directed to proceed immediately to develop plans for the permanent relocation of the track and the right-of-way of the State-owned Western Atlantic Railroad between mile posts 36.25 and 41.50 in Bartow County, Georgia, and at such other points as might be affected by the proposed construction of a reservoir on the Etowah River in Georgia as authorized by the Congress of the United States; and Preamble. Whereas the Public Service Commission, pursuant to the direction contained in the aforesaid resolution and as a result of thorough studies and surveys by its staff, has engaged in active and continuous negotiations with the Army Engineers, in charge of construction of the Allatoona project, as well as representatives of the lessee, looking to the development of the most economical and feasible plan for the relocation of the right-of-way of the Western Atlantic Railroad in accordance with the direction contained in said resolution, and which will completely protect the operating efficiency and future value of the State's property; and Whereas the Public Service Commission has submitted to the Army Engineers a proposed new route shown on drawing No. 500-77-12 that provides for the relocation of the Western Atlantic Railroad through the area affected by the proposed construction of the Allatoona project, which has been designated as Scheme 3 by the Public Service Commission's engineering staff, and which is referred to by the Army Engineers as Line D; and Whereas, under the plan and proposal submitted by the Public Service Commission the total cost of the relocation and construction necessary for the complete protection of the State-owned Western Atlantic Railroad would be borne by the constructor of the Allatoona project; and

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Whereas it has been the practice of the Government in the handling of similar matters to pay over the total estimated cost of such construction in a lump sum which, in this instance, would very probably, be paid over to the lessee, the NCStL Railroad, or other contractors acceptable to the State and the lessee; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor and the Chairman of the Public Service Commission be empowered, authorized and directed to execute on behalf of the State all necessary contracts and agreements with the Federal Government, the Army Engineers or other proper parties, which may be required in connection with the relocation, without expense to the State, of the track and right-of-way of the Western Atlantic Railroad between mile posts 36.25 and 41.50 in Bartow County, Georgia and at such points as may be affected by the proposed reservoir, which shall be in substantial conformity with the plan heretofore identified as Georgia Public Service Commission Scheme No. 3, referred to by the Army Engineers as Line D and shown on drawing No. 500-77-12; and be it Authority for Governor and Chairman of Public Service Commission to execute contracts as to relocation of Railroad according to stated plan. Further resolved, that it shall be the duty of the Public Service Commission, which is charged by law with the protection of the State-owned railroad, to supervise the entire construction program in connection with the relocation of the Western Atlantic Railroad to the end that all funds provided therefor shall be efficiently expended for the complete protection, relocation, and replacement of the State's railroad property. Commission to supervise construction program and expending of funds. Approved March 28, 1947. VETERINARY COLLEGELOCATION, RECOMMENDATIONS TO BOARD OF REGENTS. No. 21 (House Resolution No. 103). A RESOLUTION. Whereas there is a provision in the present Appropriations Bill for the establishing of a Veterinary College in Georgia; and Preamble.

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Whereas it is our sincere desire that a college be established as early as practicable to meet the needs of this State; and Whereas it is the opinion of this body that such college should be established in a geographical location most suitable to the requirements of the citizens of this State; and Whereas the location of the college will be of extreme importance, not only to the students of veterinary medicine, but also to the livestock industry in general; and Whereas it is felt that the present location of the Georgia Experiment Station and numerous packing industries should influence the location of the Veterinary College as such industries would no doubt be beneficial in the teaching of veterinary medicine; Therefore, be it resolved by the House of Representatives, the Senate concurring: That the Board of Regents be informed that it is the suggestions of this body that the Board consider carefully the southern section of this State when seeking a location for the Veterinary College; and Southern section of State to be considered. That the Board of Regents be informed that it is respectfully requested by this body to conduct public hearings on the question of the location of the Veterinary College; and Public hearings by Regents as to location requested. That the Board of Regents be further informed that this body has the utmost respect and confidence that the Board will, in its final decision, make a wise selection of a site for the veterinary college. Confidence as to Board's decision. Approved March 27, 1947. JOHNSON COUNTY, LOST OR DESTROYED APPELLATE COURT REPORTSREPLACEMENT BY STATE LIBRARIAN. No. 25 (House Resolution No. 62-303B). A RESOLUTION. Whereas most of the law books belonging to Johnson County, Georgia, have been lost or destroyed; and Preamble.

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Whereas such books so lost or destroyed are necessary for the County of Johnson to officially transact its business and that of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Johnson County, Georgia, without costs to said County except for payment of packing and transportation charges, the following volumes, to wit: State Librarian to furnish free books enumerated. Volumes 1 through 70, Georgia Appeals Reports Volumes 1 through 198, Georgia Reports. The Clerk of the Superior Court of Johnson County, Georgia, is hereby made the custodian of all the volumes above listed for the use of the officers of the Superior Court of Johnson County, Georgia. Clerk of Superior Court, their custodian. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same. Alternative provision. Approved March 28, 1947. WACO MILITARY RESERVATIONPURCHASE BY DIRECTOR OF STATE PARKS AUTHORIZED. No. 28 (House Resolution No. 88-426B). A RESOLUTION. Whereas the U. S. Government has declared as a surplus and has offered for sale a certain tract of land with improvements in North West Georgia, known as the Waco Military Reservation consisting of 1240 acres of land in Carroll and Haralson Counties; and Preamble. Whereas the Director of the Department of State Parks wishes to acquire this property for use as a Public Park for benefit of the people of Georgia and the youths thereof; and Whereas Section 29, Item F of the General Appropriation Act of 1947 as passed by The House of Representatives and

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is now before the Senate provides the sum of $200,000.00 to the Department of State Parks for the purpose of establishing and equipping State Park facilities; therefore, be it resolved by the House of Representatives, the Senate concurring, that the Director of The Department of State Parks be authorized and empowered to purchase the Waco Military Reservation from the U. S. Government at the lowest price possible and not to exceed an expenditure of $30,000.00 from the money heretofore appropriated in Section 29, Item F of the General Appropriation Bill of 1947. Authority to purchase. Maximum amount. Approved March 28, 1947. MEMORIAL PLAQUE FOR MEMBERS OF HI-Y AND TRI-HI-Y CLUBS WHO PERISHED IN WINECOFF HOTEL FIRE. No. 31 (House Resolution No. 95). A RESOLUTION. Whereas members of Hi-Y and Tri-Hi-Y Clubs from all over Georgia assembled in Atlanta on December 6, 7, and 8, 1946 to participate in a youth legislature, under the sponsorship of the Young Men's Christian Association; and Preamble. Whereas, during the early morning hours of December 7, 1946, twenty-seven members of said Clubs perished in the flames which engulfed the Winecoff Hotel; and Whereas the surviving members of said Hi-Y and Tri-Hi-Y Clubs from all over Georgia desire to erect a memorial upon the Capitol grounds to the memory of their unfortunate members who lost their lives while in attendance upon said youth legislature; Therefore, be it resolved by the General Assembly of Georgia: Section I. That the Governor of the State of Georgia be authorized and directed to act in cooperation with the duly accredited representatives of said Hi-Y and Tri-Hi-Y Clubs to place in the Capitol building a fitting plaque to commemorate the unfortunate members of said organizations who came to an untimely death, as aforesaid. Plaque in Capitol to commemorate members who perished.

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Section II. That the Governor be authorized to receive from said representatives, on behalf of this State, any plaque or other memorial considered by him to be appropriate to commemorate the lives and service of said deceased members, and to select a site in the Capitol building whereon such memorial may be placed. Governor to receive plaque and select site. Approved March 28, 1947. RESOLUTIONS PROPOSING CONSTITUTIONAL AMENDENTS. Atlanta, Fulton and DeKalb CountiesRevenue-Anticipation Obligations (No. 26). Bibb County, Retirement System for Officers and Employees (No. 17). Columbus and Muscogee CountyMerger of School Systems (No. 30). DeKalb County Board of EducationElection DistrictsSchool Superintendent (No. 22). DeKalb County Board of EducationSchool TaxNo Exemption (No. 34). DeKalb CountyStreets, Sidewalks, Water, Sewers (No. 23). Fulton County Civil Service SystemExtension (No. 33). Fulton County, Garbage Disposal (No. 24). Fulton County, License, Tax, and Regulation of Taxicabs, etc., Outside of Municipalities (No. 32). Fulton County, Pension System (No. 10). Muscogee County Board of HealthCombining Columbus and County Departments (No. 35). Polk County Board of EducationCedartownMerger of School SystemsSchool SuperintendentSpecial Tax (No. 29). Spalding County Board of EducationGriffinSchool DistrictsSuperintendent (No. 27). FULTON COUNTY EMPLOYEESEXTENDING COVERAGE OF PENSION SYSTEM. No. 10 (Senate Resolution No. 13). Proposing an amendment to Paragraph 1 of Section 4 of Article 7 of the Constitution of the State of Georgia of 1945 so as to extend coverage of the pension system authorized by the Constitution for county employees in Fulton County, so as to provide that the benefits of said pension system shall be available to all state, state and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County

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or out of funds of Fulton County, so as to ratify pensions heretofore granted to public employees in Fulton County and their beneficiaries; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section I. That the present Constitution of the State of Georgia which was ratified in the year 1945 is hereby amended as follows, to wit: Art. 7, sec. 4, par. 1. By adding to Paragraph 1 of Section 4 of Article 7 thereof the following words, to wit: Addition. All state, state and county or county officers, deputies and employees, and the deputies of such officers and Court employees whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds of Fulton County, all officers and employees of the County Welfare Department of Fulton County, the Executive Secretary or the Treasurer of any Pension Board or Board of Trustees administering a pension system in which public employees of Fulton County or employees of the Board of Education of Fulton County participate, and the widows and minor children of all such persons, are authorized to participate in any retirement and pension fund or system of retirement pay established by law for county employees of Fulton County upon terms and conditions now or hereafter provided by the General Assembly for their participation. All pensions heretofore granted by any of said pension authorities in Fulton County are ratified and confirmed, and shall be paid in accordance with the judgment of the Pension Board of Board of Trustees authorizing same. Coverage extended to other County officers and employees. Previous pensions confirmed. Section II. Whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this state, and also in the newspaper wherein the Sheriff's advertisements of Fulton County are published, to be published

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in each such newspaper for two (2) months next preceding the time of holding the next general election at which election members of the General Assembly are chosen. Two-thirds vote of General Assembly. Publication. Section III. The above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election at which election members of the General Assembly are chosen to be held after the publication as provided for in the second section of this act, in the several election districts of this state, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting said amendment to the Constitution shall have written or printed on their ballots the words, For ratification of the amendment defining the persons who may participate in the pension systems established in Fulton County, and all persons opposing the adoption of said amendment shall have written or printed on their ballot the words, Against ratification of the amendment defining the persons who may participate in the pension systems established in Fulton County. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon and also if a majority of the electors qualified to vote voting thereon in Fulton County shall ratify said amendment by voting in favor thereof, said amendment shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result of such election to the Governor who shall, if such amendment be ratified, make proclamation thereof. Submission to popular vote. Proclamation. Section IV. Any and all provisions of law or resolutions and parts of law in conflict with this amendment are hereby repealed. Approved March 27, 1947.

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BIBB RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES. No. 17 (House Resolution No. 70-338A). A RESOLUTION. Whereas Article 7, Section 4, Paragraph 15 of the amended Constitution of Georgia of 1945 provides authority ample to provide retirement or pension funds for officers and employees of any County; and Art. 7, sec. 4, par. 15, sufficient. Whereas the constitutional amendment designated as Bibb Retirement System set forth in the Acts of 1945 of Georgia, pages 106 to 108, and ratified by the people in the general election of 1945 as an amendment to the Constitution of 1877, is merely cumulative and is unnecessary to the setting up of a retirement and/or pension fund for Bibb County; and Therefore, be it resolved by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the amendment amending Paragraph II of Section VI of Article VII of the Constitution of the State of Georgia of 1877, approved March 9, 1945, and authorizing the General Assembly to enact laws to create a retirement fund and/or system of pension or retirement pay for any and all county employees and officers of Bibb County, Georgia, and for other purposes, and reading as follows: Amendment of art. 7, sec. 6, par. 2, repealed. The General Assembly shall have authority, however, to enact laws authorizing the County of Bibb, in the sole discretion of its governing authority, to create and contribute to a retirement fund and/or system of retirement pay, either by direct contribution to such a fund or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by Bibb County, and who hold their offices or positions either by election or appointment, to levy taxes for these purposes, and to enact laws establishing rules for tenure of office for such officers and employees and for other purposes consistent therewith; Language stricken. Be, and the same is, hereby repealed and stricken in its entirety.

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Section 2. Be it further resolved by the authority aforesaid that whenever the above proposed resolution repealing said amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered upon their Journal, with the yeas and nays taken thereon, the Governor shall be, and he is hereby, authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election. Two-thirds vote of General Assembly. Section 3. Be it further resolved that this resolution shall be submitted, as one single amendment to the Constitution, to the people for ratification or rejection in the next general election. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words, For the amendment relating to Bibb County repealing the amendment to the Constitution set out in Acts of 1945, Pages 106-108, adopted in the general election of 1945. Those voting against the ratification of the proposed amendment shall have written or printed on their ballots the words, Against the amendment relating to Bibb County repealing the amendment to the Constitution of Georgia set out in Acts of 1945, Pages 106 to 108, adopted in the general election of 1945. If a majority of those voting vote for this amendment herein proposed, when the results are certified to the Governor, he shall proclaim the amendment adopted. Submission to popular vote. Proclamation. Approved March 28, 1947 DEKALB COUNTY BOARD OF EDUCATIONAUTHORIZING DISTRICTS FOR ELECTIONSCHOOL SUPERINTENDENT. No. 22 (House Resolution No. 34-130A). A RESOLUTION To propose to the Qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly

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shall have authority to create and establish in DeKalb County, Georgia, Districts from which the members of the County Board of Education of DeKalb County shall be elected by the voters of such districts; the number of such districts and the boundaries thereof, the terms of such members and the time, place and method of electing such members to be provided for by the General Assembly; and to amend Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, to provide that the General Assembly shall have the authority to make provision for the election or selection of the County School Superintendent of DeKalb County by the Board of Education and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 be amended by adding thereto the following: Art. 8, sec. 5, par. 1. Addition. The General Assembly shall have authority to create and establish districts in DeKalb County from which the members of the County Board of Education of DeKalb County shall be elected by the voters of such districts, and shall have authority to provide for the number of such districts and fix the boundaries thereof and to fix the terms of such members and the time, place and method of electing such members. Districts for election of Board. Section 2. Be it further enacted by the authority aforesaid that Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945 be amended by adding thereto the following: Art. 8, sec. 6, par. 1. Addition. The General Assembly shall have authority to make provisions for the election or selection of the County School Superintendent of DeKalb County by The Board of Education of said County. County School Superintendent. Section 3. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the Ayes and Nays entered thereon, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election

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in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For the ratification of the amendment to Article VIII, Section V, Paragraph I and to Article VIII, Section VI, Paragraph I of the Constitution authorizing the General Assembly to provide for the election of members of the County Board of Education and the election of the County School Superintendent of DeKalb County by said Board, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against ratification of the amendment to Article VIII, Section V, Paragraph I and to Article VIII, Section VI, Paragraph I of the Constitution authorizing the General Assembly to provide for the election of members of the County Board of Education and the election of the County School Superintendent of DeKalb County by said Board. If adopted, the results shall be declared and said amendments shall become parts of Article VIII, Section V, Paragraph I and Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law. Two-thirds vote of General Assembly. Submission to popular vote. Proclamation. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. DEKALB COUNTYREPAIR OF STREETS AND SIDEWALKSCURBING, WATER, SEWERSASSESSING AND COLLECTING COSTS. No. 23 (House Resolution No. 35-130B). A RESOLUTION To propose to the qualified voters of Georgia an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of DeKalb County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting

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property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 be amended by adding thereto the following: Art. 7, sec. 4, par. 2. The General Assembly may grant to the governing authority of DeKalb County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 51% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property. Provided, however, that any act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having one hundred fifty (150) foot of street frontage or less. Section 2. Be it further enacted that when this amendment shall have been agreed to by the requisite two-thirds of the members of each house, with the Ayes and Nays entered thereon, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For the ratification of the amendment to Article VII, Section IV, Paragraph II of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to construct streets and provide other public improvements and to assess the costs against the abutting property owners, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words Against ratification of the

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amendment to Article VII, Section IV, Paragraph II of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to construct streets and provide other public improvements and to assess the costs against the abutting property owners. If adopted, the result shall be declared and said amendment shall become a part of Article VII, Section IV, Paragraph II of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law. Two-thirds vote of General Assembly. Submission to popular vote. Proclamation. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1947. FULTON COUNTY GARBAGE DISPOSALTAX, ASSESSMENT, DISTRICTS. No. 24 (House Resolution No. 61-303A). A RESOLUTION. To propose to the qualified voters of the State of Georgia an Amendment to Article 7, Section 4, Paragraph 1, of the Constitution of the State of Georgia, so as to provide that the Board of Commissioners of Roads and Revenues of Fulton County shall have power to levy either a tax or an assessment, or both, upon any part of or all the real property (and also if desired upon any occupants thereof) in said County which is outside the incorporated areas of any City, Town or Municipality, for garbage disposal services and also for the purpose of establishing, maintaining and operating systems of garbage disposal, and shall have power to divide said unincorporated areas or any part thereof into one or more or any number of garbage disposal districts without regard to uniformity of area or population, and any such tax or assessment, or both, so levied need not be uniform within the County and need not be uniform within any garbage disposal district, notwithstanding the provisions of Article 7, Section 1, Paragraph 3 of the Constitution; and for other purposes.

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Section 1. Be it resolved by the General Assembly of the State of Georgia, that Article 7, Section 4, Paragraph 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph, to wit: Art. 7, sec. 4, par. 1. The Board of Commissioners of Roads and Revenues of Fulton County shall have power to levy either a tax or an assessment or both upon any part of or all the real property (and also if desired upon any occupants thereof) in said County which is outside the incorporated areas of any City, Town or Municipality, for garbage disposal services and also for the purpose of establishing, maintaining and operating systems of garbage disposal, and shall have power to divide said unincorporated areas or any part thereof into one or more or any number of garbage disposal districts without regard to uniformity of area or population, and any such tax or assessment or both so levied need not be uniform within the County and need not be uniform within any garbage disposal district, notwithstanding the provisions of Article 7, Section 1, Paragraph 3 of the Constitution. Authority to Commissioners. Section 2. Be it further resolved by the Authority aforesaid, that when said Amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses, said Amendment shall be entered on their Journals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in each Congressional District, and in one or more newspapers in Fulton County, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and said Amendment shall be submitted to the people at said next general election. All persons voting at said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots the words: For ratification of Amendment to Article 7, Section 4, Paragraph 1, of the Constitution, authorizing assessment and tax in Fulton County without regard to unformity for garbage disposal services and systems hereby authorized. And all persons opposed to the adoption of said Amendment shall have written or printed on their ballots the words: Against ratification of Amendment to Article 7, Section 4, Paragraph 1, of

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the Constitution, authorizing assessment and tax in Fulton County without regard to uniformity for garbage disposal services and systems hereby authorized. Two-thirds vote of General Assembly. Submission to popular vote. If a majority of electors, qualified to vote for members of the General Assembly, voting thereon, in the State as a whole, and also a majority of said electors, voting thereon, in Fulton County, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said Amendment shall become a part of Article 7, Section 4, Paragraph 1, of the Constitution of this State, and the Governor shall make a proclamation thereof. Majorities required. Proclamation. Approved March 28, 1947. ATLANTA, FULTON AND DEKALB COUNTIESREVENUE-ANTICIPATION OBLIGATIONS FOR GRANDSTANDS AND STADIUMS. No. 26 (House Resolution No. 67-336A). A RESOLUTION Proposing to the People of the State of Georgia an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia as amended August 13, 1945. Be it resolved by the General Assembly of the State of Georgia: Section 1. That the General Assembly of the State of Georgia proposes to the people of Georgia that Article VII, Section VII, Paragraph V of the Constitution of Georgia as amended August 13, 1945, be further amended by adding the following paragraph at the end of said Section V: Art. 7, sec. 7, par. 5. Provided further, that revenue anticipation obligations may be issued by the City of Atlanta, Fulton County or DeKalb County, or either of them or by any public corporation created by them or either of them, to provide funds for the construction, in whole or in part of grandstands and stadiums or either of them, or to provide funds to extend, repair or improve such existing facilities.

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Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by such facilities, and shall not be deemed debts of or to create debts against, the issuing political subdivision within the meaning of the Constitution as amended; and no such issuing political subdivision shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Added paragraph. Such obligations authorized. Their effect. Section 2. All persons voting at said election in favor of adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of the amendment to Article VII, Section VII, Paragraph V, so as to authorize the issuance of revenue certificates. All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words Against ratification of the amendment to Article VII, Section VII, Paragraph V, so as to authorize the issuance of revenue certificates. Submission to popular vote. Section 3. If a majority of electors qualified to vote thereon shall vote in favor of the ratification of said amendment, when the returns shall be consolidated as now required by law in such elections, and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the result thereof, and said amendment shall be and become a part of Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia, as amended. Proclamation. Approved March 28, 1947. SPALDING BOARD OF EDUCATIONSCHOOL DISTRICTSGRIFFINCOUNTY SCHOOL SUPERINTENDENT. No. 27 (House Resolution No. 83-391A). A RESOLUTION Proposing to the Qualified Voters an Amendment to Article 8, Section 5, Paragraph I of the Constitution of Georgia

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of 1945, so as to provide for the division of Spalding County into school districts, and for the election of members of the county board of education from such school districts, to provide for their terms of office and qualifications; to provide for the election and appointment by the County Board of Education of a Superintendent of the county school system, and to prescribe his qualifications and term of office; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Article 8, Section 5, Paragraph 1 of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new paragraph as follows, to wit: Art. 8, sec. 5, par. 1. Added provisions. The members of the County Board of Education of Spalding County shall be elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and qualified. Sixty days after the ratification of this amendment it shall be the duty of the Ordinary of Spalding County to call an election for the purpose of electing by the qualified voters in each school district of a member of the County Board of Education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the judge of the Superior Court for the unexpired term. The County of Spalding, outside of the city limits of the City of Griffin shall, by the Judge of the Superior Court, the Clerk of the Superior Court, and the Ordinary, be laid off and divided into five school districts to be known, numbered and designated as school districts Numbers 1, 2, 3, 4, and 5; the geographical limits of such school districts may be changed and relaid off from time to time in the discretion of the officers herein named upon a unanimous vote of the said officers so to do. One member from each of the above designated school districts shall be elected to serve on said board,

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and only the registered and qualified voters in each school district shall vote for the election of a member from that district. Members. Election. Division of County outside of Griffin into school districts. Changes. One member from each district. Should the charter providing for the operation of the Griffin Independent School System be surrendered and the laws governing the operation of the Griffin Independent School System be repealed, the number of members of the County Board of Education shall be increased to 10 members, with 5 members being elected from the City of Griffin, which shall be designated as School District #6 of Spalding County; that within 60 days after the ratification of this amendment, if the charter of the Griffin Independent School System shall have been surrendered, the Ordinary of Spalding County shall call a special election for the purpose of electing 5 additional members of the County Board of Education from said school district, who shall serve until the next election of other county officers, when their successors shall be elected. Only the registered and qualified voters in this said school district shall vote for the election of the five members from said district. District for Griffin, if charter for Independent School System surrendered. Election of Board members, if charter surrendered. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of the County Board of Education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the County School Superintendent shall be eligible to vote. Eligibility of Board members. Election. That from and after the ratification of this amendment the Grand Jury of Spalding County shall make no future appointments of members of the County Board of Education, but the present board shall serve until their successors are duly elected as above provided. Present Board; no future appointments by grand jury. No person shall be eligible to hold office as a member of the County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly. Members' qualifications.

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The County School Superintendent of Spalding County shall be elected or appointed by the County Board of Education for a term not to exceed 4 years, and he shall hold such office until his successor is elected and qualified. From and after the ratification of this amendment the voters of Spalding County shall no longer elect the County School Superintendent, but the present Superintendent shall serve until his successor is duly elected or appointed as above provided by the County Board of Education. County School Superintendent; term; election by Board; present Superintendent. Before any person shall be qualified or eligible to hold office as County School Superintendent, he shall have had at least two years' practical experience in school administration, and he shall have completed a minimum of five school years of college and shall have graduated from an accredited college or university, and shall hold the degree of Master of Arts or an equivalent Master's degree. Superintendent's qualifications. Section 2. Be it further resolved that when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same shall have been entered on their journals with the ayes and nays taken thereon, the proposed amendment shall be submitted to the people for ratification or rejection at the next general election at which election members of the General Assembly are chosen, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. Said amendment shall be published in one or more newspapers in each congressional district for two months previous to the time of holding the election wherein said amendment is submitted for ratification or rejection. All persons voting in said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing for the election of members of the Spalding County Board of Education, and the appointment of a County School Superintendent by said Board, and all persons opposed to the adoption of said amendment shall have written and printed on their ballots the words, Against ratification of amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing

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for the election of members of the Spalding County Board of Education, and the appointment of a County School Superintendent by said Board. If a majority of the voters of the State qualified to vote for members of the General Assembly voting thereon, and if a majority of the electors qualified to vote for members of the General Assembly in the County of Spalding voting thereon ratify such amendment, the same shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of the State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Two-thirds agreement by General Assembly. Submission to popular vote. Proclamation. Approved March 28, 1947. POLK COUNTY BOARD OF EDUCATIONMERGER OF CEDARTOWN AND COUNTY SCHOOL SYSTEMSSCHOOL SUPERINTENDENTSPECIAL TAX. No. 29 (House Resolution No. 90-445A). A RESOLUTION Proposing to the qualified voters an amendment to Paragraph 1, Section 5, Article 8 of the Constitution of Georgia of 1945 so as to provide for a County Board of Education for Polk County, Georgia to be composed of nine (9) members and for four additional members should Cedartown merge with Polk County; to provide the qualification of the board members, their term of office and the manner of their election; to vest the County Board of Education with all powers and duties now exercised by county boards of education and local trustees; to provide for a County School Superintendent and his election by the County Board of Education, to provide that the territory of Polk County outside of independent systems shall constitute one school district; to provide for a special school tax of two mills to be levied on all property of the county in addition to the fifteen mills provided for in Paragraph 1, Section 12, Article 8 of the Constitution; and for other purposes.

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Be it resolved by the General Assembly of the State of Georgia: Section 1. That Paragraph 1, Section 5, Article 8 of the Constitution of Georgia of 1945 be, and the same is hereby amended by adding at the end thereof new paragraphs as follows, to wit: All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Education which shall consist of nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for membership on the Polk County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said board. The new Board of Education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December, 1950, and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown

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merges with Polk County School System and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such publisher, or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education. Art. 8, sec. 5, par. 1. New paragraphs. One district outside of independent school systems. County Board. Members from certain areas. If Cedartown system merges with County system. Board's powers and duties. Members' eligibility. There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal requirement as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the Polk County Board of Education. County School Superintendent. Special tax additional to amount provided by art. 8, sec. 12, par. 1. Section 2. Be it further resolved that when said amendment

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shall be agreed to by two-thirds vote of the members of each House with the ayes and nays taken thereon, the proposed amendment shall be submitted to the people for ratification or rejection at the next general election at which election members of the General Assembly are chosen, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. Said amendment shall be published in one or more newspapers in each Congressional district for two months previous to the time of holding the election wherein said amendment is submitted for ratification or rejection. All persons voting in said election in favor adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing for nine (9) member Polk County Board of Education and the election of a County School Superintendent by said Board, and all persons opposed to the adoption of said amendment shall have written and printed on their ballots the words, Against ratification of amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing for a nine (9) member Polk County Board of Education and the election of a County School Superintendent by said Board. If a majority of the voters of the State qualified to vote for members of the General Assembly voting thereon, and if a majority of the electors qualified to vote for members of the General Assembly in the County of Polk voting thereon ratify such amendment, the same shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of the State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Two-thirds agreement by General Assembly. Submission to popular vote. Proclamation. Approved March 28, 1947.

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MERGER OF COLUMBUS AND MUSCOGEE COUNTY SCHOOL SYSTEMS. No. 30 (House Resolution No. 92-465A). A RESOLUTION To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section VII, of the Constitution of the State of Georgia, said amendment to be known as Paragraph II of said Section, so as to provide that the General Assembly of Georgia shall be authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system coextensive with the limits of said county. Section 1. Be it resolved by the General Assembly of Georgia that Article VIII, Section VII of the Constitution of the State of Georgia shall be amended so as to add to said section a new paragraph, to be known as Paragraph II, and to read as follows: Art. 8, sec. 7. New par. II. PARAGRAPH II. MERGER OF EXISTING INDEPENDENT SCHOOL SYSTEM OF CITY OF COLUMBUS AND EXISTING SCHOOL DISTRICT IN MUSCOGEE COUNTY OUTSIDE THE CORPORATE LIMITS OF SAID CITY INTO ONE SCHOOL DISTRICT OR SYSTEM. The General Assembly of Georgia is hereby authorized to pass a special act or acts to merge the existing independent school system of the City of Columbus and the existing school district in the County of Muscogee outside the corporate limits of said city, as said corporate limits will exist on December 31, 1948, or may be thereafter extended, so that the entire area of said county shall constitute one school district or system, the existing independent school system of said city and the existing school district in said county outside said corporate limits of said city being thereby abolished. The construction, equipment and operation of a public library or libraries by said school system so to be created shall be held to be a part of said school system. Merger of school systems, Columbus and district outside of City. Authority of General Assembly to pass acts as to creation and operation of one district.

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The said act or acts of the General Assembly shall authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system. Property taxed for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution. Powers enumerated. The General Assembly may provide either: (1) For the fixing of the rate of the county-wide school tax by the Commission of the City of Columbus and the Board of Roads and Revenues of Muscogee County meeting in joint session; after which, at separate meetings of said Commission and said Board, said Commission shall levy taxes, at the fixed rate, on property within the corporate limits of said city, and said Board shall levy taxes, at the fixed rate, on property in said county outside said corporate limits. Under this plan, returns for taxation of property located in the corporate limits shall be made to the city authorities, and assessments on said city property and all proceedings for collection of taxes thereon shall be had by the city authorities; while returns for taxation of property located in said county outside the corporate limits of said city shall be made to the regular county authorities, and assessments on said property outside the corporate limits of said city and all proceedings for collection of taxes thereon shall be had by the regular county authorities. Or (2) in lieu of or in combination with the said plan, the General Assembly may vest the powers of taxation, the making of provisions for tax returns and assessment of property and collection of taxes, together with such other powers necessary or incidental to the support of said school system, in any public body, board or commission or combinations thereof, or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested. Said public bodies, boards or commissions, or combinations thereof, shall have representation throughout said county. The Act of the General Assembly providing for said school merger may provide that all assessments of property made after the first day any January as a basis of taxation for said school system shall be effective as of the first day of

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January of that year; and in cases of all taxes levied for said school system after the first day of any January the tax lien shall date, rank and become fixed as of the first day of January of that year. The General Assembly may vest the powers relating to issuance of bonds, creation of debts, borrowing of money, making of contracts, acquisition, holding, leasing or sale of lands and other property, together with such other powers necessary or incidental to the support of said school system, in any public bodies, boards or commissions or combinations thereof having representation thereon throughout the County of Muscogee; or may create new public bodies, boards, or commissions, or combinations thereof, in which said powers may be vested. The General Assembly may vest said school system with all privileges held by other school systems and districts of this State, including the addition thereto of colleges; and said school system shall be entitled to its pro rata portion of all educational funds now or hereafter provided by the State of Georgia and of the United States. The General Assembly shall provide for a board of education, to bear such name and have such powers as may be provided in said act, to administer said school system throughout said county; said board to elect or employ a superintendent of education, and all teachers and employees necessary to the administration of said school system. The board of education shall be elected by such public body or bodies, having representation thereon throughout the county, as may be provided by the General Assembly. The board of education shall consist of not more than fifteen (15) nor less than nine (9) members, one-third of the members of such board to be residents of Muscogee County outside of the corporate limits of the City of Columbus, and the remaining members of said board to be residents of said city. The General Assembly may authorize the City of Columbus and the County of Muscogee to appropriate money from their general funds to the board of education so to be created, for educational purposes, including a public library or libraries to be operated by said board of education.

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This power of appropriation shall also exist upon the ratification of this amendment before the merger of the existing city school system and the existing school district in said county and before the passage of an act by the General Assembly pursuant hereto, so as to permit said city to appropriate general funds to the existing city school system and to the existing school district in said county outside the corporate limits of said city, and to permit said county to appropriate general funds to the existing city school system and the existing school district in said county outside the corporate limits of said city. The General Assembly may from time to time enact special acts amending acts enacted pursuant hereto; and may also provide for amendments directly by the qualified voters of Muscogee County in referendums held for that purpose pursuant to general or special statutes of the State heretofore or hereafter enacted. The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Muscogee County. The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or the general or special laws of the State. The original act to be enacted by the General Assembly pursuant hereto, making provisions for the merging of the existing independent school system of said city and the existing school district in said county outside the corporate limits of said city, shall provide that said act shall not become effective until a referendum shall be held throughout the County of Muscogee resulting in favor of said school merger. To that end said act shall provide for separate referendums, held on the same day, to be had within the City of Columbus and in the territory of Muscogee County outside of said city, in which both a majority of the qualified

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voters of the city voting in said city referendum and a majority of the qualified voters of the county outside of said city voting in said referendum must vote in favor of said school merger before it becomes operative, the votes within and the votes outside the corporate limits of the city to be counted separately and not consolidated. The specification of certain powers herein is not intended to be exclusive, it being the intention that all provisions hereof are to be liberally construed so as effectively to execute the general purpose of extending the existing independent school system of the City of Columbus throughout the entire territory of Muscogee County. Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, said amendment also to be advertised in a newspaper published in the City of Columbus having general circulation throughout Muscogee County, for two months next preceding the time of holding the next general election at which members of the General Assembly are chosen. Two-thirds agreement by General Assembly. Advertisement. Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State of Georgia at the next general election at which members of the General Assembly are chosen, to be had after the publications provided for in Section 2 of this resolution, and in the various election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: FOR RATIFICATION of amendment to Article VIII, Section VII, of the Constitution of Georgia, by adding a new paragraph authorizing the General Assembly to pass a special act or acts to merge

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the existing school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system coextensive with the limits of said county; and all persons opposed to the adoption of said amendment shall have written or printed on their ballot the words: AGAINST RATIFICATION of amendment to Article VIII, Section VII, of the Constitution of Georgia, by adding a new paragraph authorizing the General Assembly to pass a special act or acts to merge the existing school system of the City of Columbus and the existing school district in the County of Muscogee lying outside the corporate limits of said city into one school district or system coextensive with the limits of said county. Submission to popular vote. If a majority of the electors qualified to vote voting thereon in the State as a whole, and also a majority of the electors qualified to vote voting thereon in Muscogee County, vote in favor of the ratification of said proposed amendment, then said proposed amendment shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns of elections for members of the General Assembly; and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such proposed amendment be ratified, make proclamation thereof. Proclamation. Approved March 28, 1947. FULTON COUNTY, LICENSE, TAX, AND REGULATION OF TAXICAB AND OTHER BUSINESSES OUTSIDE OF MUNICIPALITIES. No. 32 (House Resolution No. 96-476A). A RESOLUTION To propose to the qualified voters of the State of Georgia an Amendment to Art. 7, Sec. 4, Par. 1, of the Constitution of the State of Georgia, so as to provide that the

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Board of Commissioners of Roads and Revenues of Fulton County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Fulton County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas, and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business; and so as to provide that the Board of Commissioners of Roads and Revenues of Fulton County shall also have the right and power to regulate all businesses and business enterprises in any area of Fulton County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Fulton County, and to prescribe rules and regulations concerning the same, and to provide that violation of any regulation adopted by the Board of Commissioners of Roads and Revenues of Fulton County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia, that Art. 7, Sec. 4, Par. 1, of the Constitution of the State of Georgia, be amended by adding thereto the following new paragraph, to wit: Art. 7, sec. 4, par. 1. The Board of Commissioners of Roads and Revenues of Fulton County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Fulton County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enterprises and to assess different license fees and taxes against different classes of business. The Board of Commissioners of Roads and Revenues of Fulton County shall also have the right and power to regulate all businesses and business enterprises in any

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area of Fulton County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Fulton County, and to prescribe rules and regulations concerning the same, and to provide that violation of any regulation adopted by the Board of Commissioners of Roads and Revenues of Fulton County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. New paragraph. Powers given to Commissioners of Roads and Revenues. Violation of regulations. Section 2. Be it further resolved by the authority aforesaid that when said Amendment shall be agreed to by two-thirds vote of the members elected to each of the two Houses of the General Assembly, said Amendment shall be entered on their Journals with the Yeas and Nays taken thereon, and shall by the Governor be published in one or more newspapers in each Congressional District and in one or more newspapers in Fulton County for two months previous to the time for holding the next general election at which election members of the General Assembly are chosen, and said amendment shall be submitted to the people in said next general election. All persons voting at said election in favor of adopting said proposed Amendment to the Constitution shall have written or printed on their ballots the words: For ratification of Amendment to Art. 7, Sec. 4, Par. 1 of the Constitution authorizing Fulton County to assess and collect license taxes upon businesses in Fulton County and to regulate same. And all persons opposed to the adoption of said Amendment shall have written or printed on their ballots the words: Against ratification of Art. 7, Sec. 4, Par. 1 of the Constitution authorizing Fulton County to assess and collect license taxes upon businesses in Fulton County and to regulate same. If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the State as a whole, and also a majority of said electors voting thereon in Fulton County, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly the said Amendment shall become

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a part of Art. 7, Sec. 4, Par. 1 of the Constitution of this State and the Governor shall make proclamation thereof. Two-thirds agreement by General Assembly. Submission to popular vote. Proclamation. Approved March 28, 1947. FULTON COUNTY EXTENSION OF CIVIL SERVICE SYSTEM. No. 33 (House Resolution No. 97-476B). A RESOLUTION Proposing to the qualified voters of Georgia an amendment to Article 7, Section 4, paragraph 1 of the Constitution of Georgia of 1945 so as to authorize the General Assembly to include in the Civil Service and/or Merit System heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds belonging to Fulton County; to ratify all extensions in the coverage of said Civil Service System heretofore made by the General Assembly prior to the ratification of this amendment; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Article 7, Section 4, Paragraph 1 of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end of said paragraph the following language: Art. 7, sec. 4, par. 1. Provided, however, that the General Assembly shall be authorized to include in the Civil Service and/or Merit System heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds belonging to Fulton County. All extensions in the coverage of said Civil Service System heretofore made by the General Assembly to persons other than employees of Fulton County and employees and

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deputies of county officers of Fulton County are by this amendment ratified, confirmed and continued in force, except as the same may hereafter be changed or amended by the General Assembly. Added provision. Authority of General Assembly to extend. Section 2. Whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) vote of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be, and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State and in one or more newspapers in Fulton County for two (2) months previous to the time for holding the next general election, at which election members of the General Assembly are chosen, and said amendments shall be submitted to the people in said next general election. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article 7, Section 4, Paragraph 1 of the Constitution authorizing the extension of the Civil Service and/or Merit System in Fulton County and ratifying its extension by the General Assembly, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of Amendment to Article 7, Section 4, Paragraph 1 of the Constitution authorizing the extension of the Civil Service and/or Merit System in Fulton County and ratifying its extension by the General Assembly. If a majority of the electors qualified to vote and voting thereon in the State as a whole shall vote in favor of the adoption of said amendment, and also if a majority of the electors qualified to vote and voting thereon in Fulton County shall vote in favor of the adoption of said amendment, when the returns shall be consolidated as required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 7, Section 4, Paragraph 1 of the Constitution of Georgia of 1945 and the Governor shall make proclamation thereof accordingly. Two-thirds agreement by legislative houses. Submission to popular vote. Proclamation. Approved March 28, 1947.

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DEKALB COUNTY BOARD OF EDUCATIONLEVY OF CERTAIN SCHOOL TAXNOT PREVENTED BY EXEMPTION. No. 34 (House Resolution No. 98-483A). A RESOLUTION Proposing to the qualified voters of Georgia an Amendment to paragraph IV, section I, of article VII of the Constitution of Georgia so as to authorize and provide that the County Board of Education of DeKalb County may levy a tax for school purposes on all property located in said County not included in any independent school system located therein, and to provide that the exemption granted in this paragraph shall not apply to the levy made by said Board of Education for school purposes; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That paragraph IV, and section I of article VII of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a provision to read as follows: Art. 7, sec. 1, par. 4. Provided, however, that the exemption herein granted shall not prevent the County Board of Education of DeKalb County from levying a tax for school purposes on all property located in DeKalb County not included in any independent school system located therein, including such property as may be exempted from State and County Taxation by reason of the homestead exemption herein provided for. The said Board of Education of DeKalb County is hereby authorized and empowered to levy for school purposes a tax on all of the property located in said county not included in any independent school system located therein, including the property which may be exempted from State and County taxation by virtue of this paragraph of the Constitution. Added proviso. School tax; exemption not to prevent. Section 2. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the

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members elected to each of the two Houses of the General Assembly and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election, at which general election the above proposed amendment shall be submitted for ratification or rejection to the electors of this State, at which election every person shall be qualified to vote who is qualified to vote for the members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the words, For ratification of Amendment to Paragraph IV, Section I of Article VII of the Constitution on providing that the exemption from taxation of the homestead of residents shall not apply in the County of DeKalb as against levies of taxes for school purposes by the County Board of DeKalb County, and all persons opposing the adoption of said Amendment shall have written or printed on their ballot the words, Against ratification of Amendment to Paragraph IV, Section I of Article VII of the Constitution providing that the exemption from taxation of the homestead of residents shall not apply in the County of DeKalb as against levies of taxes for school purposes by the County Board of DeKalb County. If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the elections shall be made in like manner as returns for elections of members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Two-thirds agreement by General Assembly. Submission to popular vote. Proclamation. Section 3. Be it further resolved that all laws and parts of laws in conflict with this resolution be and the same are hereby repealed. Approved March 28, 1947.

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MUSCOGEE COUNTY BOARD OF HEALTHCOMBINING OF COLUMBUS AND COUNTY DEPARTMENTS. No. 35 (House Resolution No. 105-516A). A RESOLUTION To propose to the qualified voters of the State of Georgia an amendment to Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended, revised or changed, so as to provide that the Department of Health of the City of Columbus, Georgia may be combined with the Department of Health of Muscogee County, Georgia to be known as Muscogee County Department of Public Health, said Muscogee County Department of Public Health to be administered by a governing body to be known as County Board of Health, whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus and other incorporated area lying within said County. Section 1. Be it resolved, by the General Assembly of the State of Georgia that Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph to provide as follows: Art. 11, sec. 1, par. 6. Notwithstanding the provisions of Paragraph VI, Section I, Article XI of the Constitution of the State of Georgia, or any other provision of said Constitution, the County of Muscogee, Georgia and the City of Columbus, Georgia, shall regulate the health of said County and of said City through the `Muscogee County Department of Public Health,' to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said County, created and existing under and by virtue of an Act of the General Assembly of Georgia (Ga. Laws 1941, pages 937-947) entitled `An Act To combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and

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said combined departments to be known as `Muscogee County Department of Public Health,' to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes,' which Act and any and all Acts amendatory thereof, together with all rules and regulations promulgated thereunder be and the same hereby are ratified, validated and confirmed as of the respective dates of such enactments and the adoption of such rules and regulations; and the Act of the General Assembly of Georgia (Ga. Laws 1943, pages 265-266) entitled `An Act amending Chapter 88-2 of the Code of Georgia of 1933, which chapter is a codification of Georgia Laws of 1914, pages 124 to 134, inclusive, and refers to County Boards of Health, by adding to said Chapter a new section, to be known as `Section 88-207', and providing that there be excepted from the provisions of this chapter those counties and municipalities in the State of Georgia which have heretofore provided or which may hereafter provide, pursuant to Acts of the General Assembly, for combined county and city health departments, or county-wide health departments, whether or not such acts refer to the provisions of this chapter or to the Act from which it is codified and providing that they be authorized to maintain and operate such health departments pursuant to said respective acts, and upon a budget first approved by both the municipal and county taxing authorities of the cities and counties so combining and by the county taxing authorities of the counties operating a county-wide health department; providing for ratification of all such acts heretofore enacted by the General Assembly; providing that such combined or county-wide health departments shall, in all other respects conform to chapter 88-2 of the Code of Georgia of 1933, and operate under the control of the State Department of Public Health and for other purposes,' and any and all Acts amendatory thereof, together with all rules and regulations promulgated thereunder be and the same hereby are ratified, validated and confirmed as of the respective dates of such enactments

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and of the adoption of such rules and regulations. Added paragraph. Provisions for combination. References to prior Acts. Code, Ch. 88-2, 88-207. Section 2. Be it further resolved, that whenever the above proposed amendment to the Constitution of the State of Georgia shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their respective Journals with the Yeas and Nays taken thereon, the Governor shall be and he hereby is authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District, for two months previous to the time of holding the next general election, at which election members of the General Assembly are chosen, and in like manner to cause the said amendment to be published in a newspaper having general circulation among the citizens of the City of Columbus, and of the County of Muscogee. Two-thirds agreement by General Assembly. Publication. Section 3. Be it further resolved, that the above proposed amendment shall be submitted for ratification or rejection to the qualified voters of the State of Georgia and of the area directly affected thereby, at the next General Election to be held after the publications provided for in Section 2 of this Resolution, in the several election districts of this State, at which every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution of the State of Georgia shall have written or printed on their ballots the words, Submission to popular vote. For ratification of amendment to Paragraph VI of Section I of Article XI of the Constitution of the State of Georgia, 1945, authorizing the health of Muscogee County and the City of Columbus to be regulated by `Muscogee County Department of Public Health,' through a governing body known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said County. And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words,

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Against ratification of amendment to Paragraph VI of Section I of Article XI of the Constitution of the State of Georgia, 1945, authorizing the health of Muscogee County and the City of Columbus to be regulated by `Muscogee County Department of Public Health,' through a governing body known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas lying within said County. If said qualified voters in the State of Georgia as a whole, and in the City of Columbus and the County of Muscogee, ratify such amendment by a majority of the voters qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of the State of Georgia. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make promulgation thereof. Majorities required. Proclamation. Approved March 28, 1947.

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APPELLATE COURTS SUPREME COURT OF GEORGIA. HON. W. F. JENKINS Chief Justice HON. W. H. DUCKWORTH Presiding Justice HON. R. C. BELL 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. I. H. SUTTON Chief Judge HON. HUGH J. MacINTYRE Presiding Judge HON. JULE W. FELTON Judge HON. B. C. GARDNER Judge HON. DAVE M. PARKER Judge HON. J. M. C. TOWNSEND Judge ARTHUR H. CODINGTON Reporter M. M. VIGNAUX Assistant Reporter WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk WALTER J. HAMMOND Sheriff

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SUPERIOR COURT CALENDAR FOR 1947 1785 JUDGES, SOLICITORS, AND 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. HONS. E. E. POMEROY, VIRLYN B. MOORE, HUGH M. DORSEY, BOND ALMAND, WALTER C. HENDRIX, FRANK A. HOOPER, JR., E. E. ANDREWS, Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

Page 1786

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. GROVER C. ANDERSON, Judge, Waynesboro. 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.

Page 1787

BRUNSWICK CIRCUIT. HON. GORDON KNOX, Judge, Hzlehurst. 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. STAFFORD BROOKE, Judge, Dalton. J. H. PASCHALL, Solicitor-General, Calhoun. BartowSecond Mondays in January and July, and fourth Mondays in April and October. CatoosaFirst Mondays in February and August, and second Mondays in May and November. DadeThird Mondays in March and September.

Page 1788

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.

Page 1789

EASTERN CIRCUIT. HON. DAVID S. ATKINSON, Judge, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September, and December, 1947; first Mondays in January, March, May, July, September, and November, 1948. FLINT CIRCUIT. HON. G. OGDEN PERSONS, Judge, Forysth. 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. HONS. MALLORY C. ATKINSON, Macon; A. M. ANDERSON, Perry, Judges.

Page 1790

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. JOHN E. FRANKUM, Solicitor-General, Clarkesville. 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, second Monday in June, and first Monday in December.

Page 1791

StephensSecond Mondays in February, May, July, and November. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. CLARK EDWARDS, JR., Judge, Elberton. R. HOWARD GORDON, Solicitor-General, Danielsville. ElbertSecond Mondays in March and September. FranklinThird Monday in January, fourth Monday in March, first Monday in August, and fourth Monday in September. HartFourth Mondays in February and August, and first Monday in December. MadisonFirst Monday in March, fourth Monday in July, first Monday in September, and second Monday in December. OglethorpeThird Mondays in March and September. OCMULGEE CIRCUIT. HON. GEORGE S. CARPENTER, Judge, Milledgeville. C. S. BALDWIN, JR., Solicitor-General, Milledgeville. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Monday in March, second Monday in June, fourth Monday in September, and second Monday in December. JasperSecond Mondays in February, August, and November. JonesThird Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in January, April, July, and October.

Page 1792

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.

Page 1793

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. E. J. CLOWER, 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. GEORGE R. LILLY, Judge, Quitman. ROBERT CHESHIRE, Solicitor-General, Moultrie. 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.

Page 1794

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. FRANK H. GUESS, Judge, Decatur. ROY C. LEATHERS, Solicitor-General, Decatur. ClaytonThird Mondays in February, May, August, and November. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July, and October. TALLAPOOSA CIRCUIT. HON. W. W. MUNDY, Judge, Cedartown. HAL C. HUTCHENS, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August. TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. W. C. FOREHAND, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in February and November, and 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 1795

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. J. R. WALKER, Solicitor-General, Blackshear. BaconThird Mondays in May and November. BrantleyThird Monday in January, first Monday in April, second Monday in September, and fourth Monday in November. 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 1797

INDEX A ABBEVILLE Mayor and Aldermen; salary of City Clerk and Treasurer; referendum 317 Power to grant easements, amending charter; referendum 830 Tax assessment, levy and collection, amending charter; referendum 288 ACWORTH Mayor and Aldermen; wards, elections, registration of voters; streets and sidewalks; City Manager; amending charter 308 ADAIRSVILLE Corporate limits changed 839 ADEL Mayor and Councilmen and other officers, elections, terms, vacancies, amending act of 1919 187 ADMINISTRATION OF ESTATES See Estates, Administration of. AGRICULTURAL POISONS See Drugs. AGRICULTURE, COMMISSIONER OF See Commissioner of Agriculture. Salary 673 AILEY Paving, curbs, gutters, amending charter 842 AIRPORTS Airport Authority created in counties of 300,000 or more population 1446 ALBANY Corporate limits extended; wards; city officials; Board of City Commissioners; elections; amending charter 725

Page 1798

ALCOHOLIC LIQUORS See Malt Beverages; Wine Making, Selling and Possession. ALIMONY Attorney's fees in citations for contempt, failure to pay 292 ALPHARETTA Mayor and Councilmen; taxes; Marshal; zoning ordinances; amending charter 519 AMENDMENTS TO THE CONSTITUTION See Constitution, Amendments Proposed. AMPHITHEATERS Powers of county officers as to, open-air shells, etc., in counties of 200,000 or more population 685 ANDREWS, MRS. LILLIAN Compensation for injuries to by State Patrolman, resolution 1740 APPELLATE COURTS Personnel 1784 APPLING COUNTY Commissioners, commissioner districts; amending act of 1945 89 ATHENS Civil Service Commission, members, compensation, amending act of 1918 190 Civil Service Commission, qualifications and election of members, compensation, amending act of 1918 193 Elections, absentee ballots, amending act of 1872 197 Retirement system for salaried employees created, amending charter 123 Salaries of city officers and employees, amending charter 840 ATHLETIC CONTESTS Betting and bribes illegal 1139

Page 1799

ATLANTA Atlanta, Fulton and DeKalb Counties, revenue anticipation obligations for grandstands and stadia, proposed amendment to the Constitution, resolution 1759 Chief of Sanitary Department, term 924 City Attorney 925 Control of streets, alleys, and squares 583 Corporate limits extended 719 , 1633 Corporate limits extended, referendums 1559 , 1625 Fire hazards 924 Provisional Mayor Pro Tem.; investment of surplus funds acquired from bond issues 459 Revenue certificates for water works, sanitation; proposed amendment to Constitution 664 Salaries of City officials; exchange of land with Greenwood Cemetery Company; License Bureau for liquor and wine permits; City Attorney 1097 Use of 1-mill-tax proceeds; sewer assessment; amending charter 817 ATLANTA, CRIMINAL COURT OF See Fulton County, Criminal Court of. ATLANTA JUDICIAL CIRCUIT Solicitor-General's salary, amending act of 1935 581 ATLANTA NORTHERN RAILWAY Acquisition of abondoned right of way, joint committee of General Assembly, resolution 1732 ATTORNEY-GENERAL Salary 673 ATTORNEY'S FEES In citations for contempt for failure to pay alimony 292 AUBURN New charter 1046

Page 1800

AUGUSTA New Charter (For particular subjects, see table, under title of Act and side-notes) 320 AUTOMOBILES See Motor Vehicles. Drivers' licenses, 5-year period, amending acts of 1937, 1939, and 1941 294 B BAKER COUNTY Sheriff's bond 760 BALDWIN COUNTY Commissioners, term, elections; referendum 198 BANKS See State Superintendent of Banks. Board of directors, vacancies between elections, amending Code 13-2001 480 Board of directors of banks with trust powers, executive committee, amending Code 109-406 481 Permissive bank holidays, amending Code 14-1809 1171 Purchase of stocks and investment securities, amending Code 13-2023 501 BARNESVILLE Corporate limits extended 706 Public School System tax, referendum 662 BARROW COUNTY Salary of Commissioner's clerk 569 BARTOW COUNTY Office of Treasurer abolished; depository for County funds 183 BAXLEY Mayor's term of office, amending charter 1232

Page 1801

BEES See Honey Bees. BERRIEN COUNTY Commissioners, districts; County Manager; referendum 1017 Sale of County farm, referendum 1015 BETTING Betting and bribes in connection with athletic contests, illegal 1139 BIBB COUNTY City-County Board of Health for Macon and Bibb County; proposed amendment to Constitution 1565 Pension powers of Board of Commissioners repealed 674 Retirement system for officers and employees; proposed amendment to Constitution; resolution 1752 Zoning and planning agencies for City of Macon and Bibb County, proposed amendment to Constitution 1240 BILLS OF SALE TO SECURE DEBT What mortgage or bill of sale to secure debt may embrace, amending Code 67-103 529 BLACKSHEAR New charter 1576 BLACKSHEAR, CITY COURT OF Fees of Clerk and Sheriff, amending acts of 1911 and 1914 511 BLECKLEY COUNTY Salaries of Commissioner, Sheriff, Ordinary, Clerk of Superior Court, Tax Collector, and Tax Receiver 969 BLIND PERSONS Veterans and blind persons authorized to peddle or conduct business without a license, amending Code 84-2011 1151 BLOWPOST LAW Blasts changed, amending Code 94-506 479

Page 1802

BLUE STAR DRIVE MEMORIAL Georgia portion of U. S. Highway No. 1 designated as Blue Star Drive; resolution 1733 BOARD OF REGENTS Veterinary college, location, recommendations to Board of Regents; resolution 1745 BOND COMMISSION See Refunding Bond Commission. BONDS See Surety Bonds. Contractors of public work, amending Code 23-1705 475 Investment of proceeds of bonds issued by any county, municipality, school district, or other political subdivision 1173 Wrightsville, bonded debt, proposed amendment to Constitution 1261 BOUNDARIES OF STATE Georgia-Tennessee boundary; Attorney-General authorized to bring proceedings, resolution 1729 Georgia-Tennessee Boundary Commission, resolution authorizing 1728 BRANTLEY SUPERIOR COURT Terms of 721 BRASSTOWN BALD Conveyance of land to United States for lookout tower 684 BREMEN Sanitation tax, amending act of 1898 827 School building tax, amending act of 1898; referendum 828 Taxes; referendum; amending charter 767 BRIEFS OF EVIDENCE Dispensing with, and with assignments of error upon final judgment, in certain cases 299

Page 1803

BROOKS COUNTY Compensation to law-enforcing officers permanently disabled in line of duty 301 BRUNSWICK City Manager; licenses; pension system; tax for public schools; civil service; Deputy Clerk of Police Court; amending charter 854 Corporate limits extended, referendum 987 BRUNSWICK, CITY COURT OF Salaries of Judge and Solicitor, amending act of 1943 1620 BUILDING SAFETY Law 1452 BULLOCH COUNTY Commissioners, salaries, clerical help, amending acts of 1924 and 1937 426 Tax Commissioner, clerical help for, amending act of 1937 277 C CALHOUN COUNTY Commissioners, quarterly statement of county expenditures 1564 Office of Tax Commissioner created; offices of Tax Collector and Tax Receiver abolished; referendum 1546 CAMILLA City Manager, Treasurer, Clerk, Attorney, amending act of 1907; referendum 20 CARNESVILLE Ad valorem taxes, amending charter 834 CARRIERS See Motor Carriers. CARROLL COUNTY Board of one commissioner created, repealing act of 1943, referendum 116

Page 1804

CARROLLTON Corporate limits extended 1564 CEDARTOWN Limits extended, taxes 708 School system; Board of Education for City and Polk County; merger of City and County school systems; County School Superintendent; special tax; proposed amendment to Constitution; resolution 1764 Territorial extension; wards abolished; taxation; amending charter 1386 CHARLTON COUNTY Commissioners, election, salary; amending act of 1927 995 CHARTERS, MUNICIPAL See Municipal Corporations. Municipal corporations, surrender of charter 1545 CHATHAM COUNTY Pension Board, retirement after 25-years' service, dismissal without pension, amending act of 1937 1238 CHATHAM SUPERIOR COURT Terms of 790 Terms beginning January 1, 1948 1107 CHATSWORTH Election and terms of office of city officials, amending charter; referendum 106 Waterworks commission created, amending charter; referendum 110 CHATTAHOOCHEE CIRCUIT Solicitor-General's compensation, his clerk; amending act of 1945 137 CHATTOOGA COUNTY Commissioners, monthly statements of expenditures; amending act of 1933 832

Page 1805

CHATTOOGA COUNTY, CITY COURT OF Officers' compensation 831 CITIES See Municipal Corporations. CITY, COUNTY, AND MUNICIPAL COURTS Blackshear, City Court; fees of Clerk and Sheriff; amending acts of 1911 and 1914 511 Brunswick, City Court; salaries of Judge and Solicitor; amending act of 1943 1620 Chattooga County, City Court; officers' compensation 831 Columbus, Municipal Court; marshal's salary, automobile; amending act of 1915 77 Decatur, City Court; salaries of Judge and Solicitor; amending acts of 1922, 1925, 1927, and 1943 567 DeKalb County, City Court; jurisdiction, costs, officers, procedure 1225 Fines and forfeitures in cases in city and county courts; distribution, disbursement, in counties of 9,827 to 9,832 population 9 Fulton County, Criminal Court; salaries of Solicitor-General, Assistant and Deputy Solicitors, amending acts of 1871, 1891, and 1935 614 Fulton County, Criminal Court; salary of Judges; amending acts of 1891 and 1935 273 Habersham County, City Court; Solicitor, duties, salary; amending act of 1941 1400 Hall County, City Court; process in; salaries of Judge and Solicitor; amending act of 1891 282 Millen, City Court; misdemeanor warrants; Judge's and Solicitor's salaries; practice and procedure; terms; amending act of 1943 862 Oglethorpe, City Court, abolished; referendum 812 Polk County, City Court; jurisdiction over children 687 Polk County, City Court; juvenile jurisdiction; procedure, pleading and practice; Judge's salary 1245 Savannah, City Court, abolished; referendum 1101 Savannah, Municipal Court; amendments 970 Statesboro, City Court; Judge's salary; amending act of 1922 274 Statesboro, City Court; Solicitor's salary 307 CLARKE COUNTY State Librarian authorized to furnish certain law books to; resolution 1737

Page 1806

CLARKESVILLE Mayor and Council to fix salaries of municipal officers, amending charter 848 CLARKSTON Elections, registration of voters; sewers; amending charter 577 CLAY Pipe lines for transporting clay authorized under State-owned rights of way; State Highway Department to regulate and control 1182 CLAYTON COUNTY Commissioner, amending act of 1943 742 Planning Commission, zoning, Board of Zoning Appeals, powers of Commission and County Commissioners 1192 Tax Commissioner, amending act of 1925 746 CLERK OF SUPERIOR COURT See Superior Courts. CLEVELAND New charter, referendum 1406 CLINCH COUNTY Commissioners, contributions by, to Homerville Veterans Home authorized; resolution 1733 Commissioners, election of Chairman and Vice-Chairman, amending act of 1933 915 COASTAL SCENIC HIGHWAY AUTHORITY Creating act 1480 CODE See General Civil and Penal Laws. 5-903RepealingHoney bees and equipment, restrictions as to shipments 1158 5-906AmendingHoney bees and equipment, restrictions as to shipments 1158 13-2001AmendingBoard of directors of banks, vacancies between elections 480 13-2023AmendingPurchase of stocks and investment securities by banks 501

Page 1807

14-1809AmendingPermissive bank holidays 1171 21-105AmendingCoroner's salary in counties of not less than 37,000 and not more than 41,000 population. 1632 21-201AmendingFees of coroner's jurors in counties of not less than 43,875 and not more than 43,885 population 760 21-204AmendingDeputy Coroner in counties of 75,484 to 75,504 population 15 21-205AmendingFees of coroners and jurors at inquests in counties of 14,490 to 14,500 population 172 23-801AmendingSpecial election to fill vacancy, County Commissioners; appointment if for less than six months 173 23-1705AmendingBond of contractors for public work 475 24-820AmendingConstables' fees increased 1449 24-2727AmendingClerks of superior courts prohibited from charging veterans for recording discharge certificates 1177 Chapter 32-9AmendingPower of County Boards of Education to establish schoolhouse districts 1186 32-903AmendingCounty Board of Education in counties of not less than 5,910 and not more than 6,000 population 682 32-910AmendingCounty Boards of Education as courts for school matters 1189 32-919RepealingPublic schools, school buses, pupil transportation, drivers' salaries; regulation and administration of funds by State Board of Education; power of County Boards 1461 32-928AmendingCounty Board of Education authorized to contract for transportation of pupils 1142 32-1006AmendingClassification and compensation of County School Superintendents 1169 32-1008AmendingRemoval of County School Superintendents 1189 32-1010AmendingExamination of teachers by County School Superintendent, suspension, appeal 1189 Title 36AmendingCondemnation of property in municipalities and counties of more than 250,000 population 601 38-1801AmendingAdditional witnesses subject to cross-examination and impeachment 568 40-1802AmendingState Auditor's salary 670

Page 1808

42-102AmendingDrug Inspector and Assistant Drug Inspectors 1465 42-110AmendingMisbranding of articles 1466 42-701AmendingSale of poisons 1469 49-609, 49-610Amending former, repealing latterInsane persons, restoration to sanity 1174 Chapter 54-6, Ann. CodeAmendingUnemployment compensation law 651 56-208AmendingInsurance companies, board of directors 1498 56-403AmendingAnnual statements of insurance companies to Comptroller-General 1622 56-905AmendingRights of creditors and others in proceeds of insurance policy 1153 61-305AmendingTenants holding over, judgment for future double rent 657 67-103AmendingWhat mortgage or bill of sale to secure debt may embrace 529 68-307AmendingMinors not 16 years old not to operate motor vehicles; intoxicated persons not to operate motor vehicles 231 68-803AmendingJurisdiction of courts over non-resident motorists 305 68-1003AmendingMotor carriers, reciprocal agreements with other States 1157 69-414AmendingAssessments payable in installments; interest rate 1540 69-417AmendingBonds for street improvements; how paid; interest 1540 Ch. 71-1, 71-2AmendingNotaries public, method of appointment changed; powers, duties, fees 1108 83-1312AmendingMeetings of Board of Pharmacy for examination of applicants for licenses 1473 83-1316AmendingRefusal or revocation of licenses by Board of Pharmacy 1473 84-1309AmendingRules and regulations of Board of Pharmacy 1473 84-1317AmendingCompounding and vending of drugs, medicines, and poisons 1476 84-1318AmendingMixture of medicines, drugs, and poisons by registered pharmacists 1477 84-1319AmendingRegistration of pharmacists 1478

Page 1809

84-2011AmendingVeterans and blind persons to peddle or conduct business without license 1151 84-9920AmendingViolations of provision of Code, Ch. 84-13 1480 88-105AmendingSalary of Director of Department of Public Health 1170 92-1407 EAddingMotor fuel tax refunds 1115 92-3715AmendingInvestment of tax funds, County Department of Public Welfare 809 93-3120AmendingProperty received by one corporation on complete liquidation of another 1191 94-506AmendingBlowpost law, blasts changed 479 101-101101-108AmendingState Librarian 1166 101-302101-303RepealingState Librarian 1166 109-103AmendingBoard of trustees of trust companies, executive committee 476 109-406AmendingBoard of directors of banks with trust powers 481 Ch. 113-10AmendingYear's support, appraisement; property in county other than that of application; record of return 866 113-1019AmendingAdministration of estates, division of property in kind 1141 113-1401AmendingWarrant of appraisement, number of appraisers 861 114-609RepealingRates of insurance carriers; authority of Insurance Commissioner to investigate rates, publish data, take testimony, etc. 1506 COLLEGE PARK Limits extended 1442 Taxes; costs in Recorder's Court; civil-service system; improvements; absentee voting; clearing and cleaning off property to remove fire hazards and for health and sanitation, etc.; amending charter 1040 Territorial extension, amending act of 1895 1112 COLQUITT Charter, repealing act of 1946, and restoring and re-enacting sec. 11, act of 1915 175 Charter, stock law, repealing act of 1929 144 Impounding and sales of livestock running at large in city, amending act of 1941 179

Page 1810

COLUMBUS Bus terminal authorized 1242 Compulsory retirement of officers and employees, amending act of 1937 1570 Conveyance of certain land to Eelbeck Milling Company 282 Corporate limits extended 845 Department of Health; combining of City and County departments; proposed amendment to Constitution; resolution 1780 Hospitalization insurance, amending charter 16 Municipal Court; Marshal's salary, automobile; amending act of 1915 77 Retirement pensions; sec. 7, act of 1941 amended 13 Sale of land authorized 579 Sale of land contiguous to Motts Green, adding sec. 7 to act of 1939 17 School system; merger of City and County systems; proposed amendment to Constitution; resolution 1768 COMMISSIONER OF AGRICULTURE See Agriculture, Commissioner of. Permits for wineries under rules and regulations of; amending act of 1935 1178 COMMISSIONERS OF ROADS AND REVENUES See Counties and County Matters; and names of counties. Special election to fill vacancy, appointment to fill vacancy of less than six months, amending Code 23-801 173 COMMON TRUST FUNDS Investment amounts increased, amending act of 1943 478 COMPENSATION, UNEMPLOYMENT See Unemployment Compensation. COMPTROLLER-GENERAL Salary 673 CONDEMNATION Private property for public-school purposes 1130 Property in municipalities and counties of more than 250,-000 population; amending Code Title 36 601

Page 1811

CONSTABLES Fees increased, amending Code 24-820 1449 CONSTITUTION, AMENDMENTS PROPOSED Atlanta; revenue certificates for water works, sanitation 664 Atlanta, Fulton and DeKalb Counties; revenue-anticipation obligations for grandstands and stadia; resolution 1759 Bibb County; retirement system for officers and employees; resolution 1752 DeKalb County; Board of Education; authorizing districts for election, School Superintendent; resolution 1753 DeKalb County; Board of Education; levy of school tax; resolution 1778 DeKalb County; repair of streets and sidewalks, curbing, water, sewers; assessing and collecting costs; resolution 1755 Fulton County; civil service system, extension of; resolution 1776 Fulton County; extending coverage of pension system; resolution 1749 Fulton County; garbage disposal, tax assessment, districts; resolution 1757 Fulton County; taxicabs and cars for hire; license, tax and regulation outside municipalities; resolution 1773 Macon and Bibb County; City-County Board of Health 1565 Macon and Bibb County; zoning and planning agencies 1240 Muscogee County; Department of Health; combining of Columbus and County departments; resolution 1780 Muscogee County; merger of Columbus and County school systems; resolution 1768 Polk County; Board of Education; merger of Cedartown and County school systems; County School Superintendent; special tax; resolution 1764 Spalding County; Board of Education, election, qualifications, terms; County School Superintendent; City of Griffin one district; resolution 1761 Wrightsville; bonded debt 1261 CONTESTS See Athletic Contests; Betting. CONTRACTORS See Public Work.

Page 1812

COOK COUNTY Commissioner districts; election of commissioners; amending act of 1919 7 Commissioners; elections, terms, vacancies, qualifications, compensation; County Manager; referendum 1220 CORONERS Compensation of Coroner and inquest jurors in counties of not less than 12,751 and not more than 12,758 population 297 Coroner's salary in counties of not less than 37,000 and not more than 41,000 population; amending Code 21-105 1632 Deputy coroner in counties of 75,484 to 75,504 population; amending Code 21-204 15 Fees for summoning jury and holding inquest in counties of not less than 19,618 and not more than 19,700 population 995 Fees of coroner, sheriff and jurors at inquests in counties of not less than 25,280 and not more than 25,300 population 749 Fees of coroners and inquest jurors in counties of not less than 9,827 and not more than 9,832 population 784 Fees of coroners and jurors at inquests in counties of 14,490 to 14,500 population; amending Code 21-105 172 Fees of coroner's jurors in counties of not less than 43,875 and not more than 43,885 population; amending Code 21-201 760 Inquests, employment of stenographer, in counties of not less than 83,783 and not more than 83,799 population 524 CORPORATIONS Principal office, change of; adding section after Code 22-1814, and amending Corporation act of 1938 1544 Property received by one corporation on complete liquidation of another; amending Code 93-3120 1191 COUNTIES AND COUNTY MATTERS See Constables; Coroners; County Boards of Education; County School Superintendents. General Laws: County Boards of Education authorized to contract for transportation of pupils, amending Code 32-928 1142

Page 1813

Investment of tax funds, County Department of Public Welfare, amending Code 92-3715 809 Manager; in counties of 200,000 or more population, amending act of 1922 100 Official bonds of county officials to be signed by surety or guaranty company 1543 Renting privileges in courthouses, jails, etc., for sale of soft drinks, food, etc., in counties of 300,000 or more population 1095 Salaries of officers, in counties of not less than 86,000 and not more than 100,000 population, amending act of 1924 571 Salaries of Tax Collector, Sheriff, and Clerk of Superior Court in counties of not less than 115,000 and not more than 170,000 population, amending act of 1933 1644 Stadium authority established in counties of 300,000 and over population 622 Tax Receiver's compensation in counties of a population of not more than 10,240 and not less than 10,230 293 COUNTIES AND COUNTY MATTERS Particular Counties: Appling; Commissioners, districts; amending act of 1945 89 Baker; Sheriff's bond 760 Baldwin; Commissioners, term, elections, referendum 198 Barrow; salary of Clerk of Commissioners, amending act of 1937 569 Bartow; office of Treasurer abolished; depository for County funds 183 Berrien; Commissioners, districts; County Manager; referendum 1017 Berrien; sale of County farm, referendum 1015 Bibb; City-County Board of Health for Macon and County, proposed amendment to Constitution 1565 Bibb; pension powers of Commissioners repealed 674 Bibb; retirement system for officers and employees, proposed amendment to Constitution; resolution 1752 Bibb; zoning and planning agencies for Macon and County; proposed amendment to Constitution 1240 Bleckley; salary of Commissioner, Sheriff, Ordinary, Clerk of Superior Court, Tax Collector, and Tax Receiver 969 Brooks; compensation to law-enforcing officers permanently disabled in line of duty 301

Page 1814

Bulloch; Commissioners, salaries, clerical help; amending acts of 1924 and 1937 426 Bulloch; Tax Commissioner, clerical help for; amending acts of 1937 277 Calhoun; Commissioners, quarterly statement of county expenditures 1564 Calhoun; office of Tax Commissioner created; offices of Tax Collector and Tax Receiver abolished; referendum 1546 Carroll; Board of one Commissioner created; repealing act of 1943; referendum 116 Charlton; Commissioners, election, salary; amending act of 1927 995 Chatham County Pension Board; retirement after 25 years' service; dismissal without pension; amending act of 1937 1238 Chattooga; Commissioners, monthly statements of expenditures; amending act of 1933 832 Clarke; State Librarian authorized to furnish certain law books to; resolution 1737 Clayton; Commissioner; amending act of 1943 742 Clayton; Planning Commission, zoning, Board of Zoning Appeals; powers of Commission and County Commissioners 1192 Clayton; Tax Commissioner; amending act of 1925 746 Clinch; Commissioners, election of Chairman and Vice-Chairman; amending act of 1933 915 Clinch; contributions by Commissioners to Homerville Veterans Home authorized; resolution 1733 Cook; Commissioner districts, election of Commissioners; amending act of 1919 7 Cook; Commissioners, elections, terms, vacancies, qualifications, compensation; Manager; referendum 1220 Coweta; pensioning county employees 241 Crisp; reconveyance of land to; resolution 6 DeKalb; Atlanta, Fulton, and DeKalb Counties; revenue-anticipation obligations for grandstands and stadia; amendment to Constitution; resolution 1759 DeKalb; Board of Education; authorizing districts for election; School Superintendent; proposed amendment to Constitution; resolution 1753 DeKalb; Board of Education; levy of school tax; proposed amendment to Constitution; resolution 1778 DeKalb; Commissioner's salary 516

Page 1815

DeKalb; Department of Investigation 839 DeKalb; pension and retirement system created 1550 DeKalb; repair of streets and sidewalks; curbing, water, sewers; assessing and collecting costs; proposed amendment to Constitution; resolution 1755 DeKalb; School District Bond Commission created 290 [Illegible Text] County, Civil Court of; jurisdiction, jurors, terms, motions for new trial, bill of exceptions to Supreme Court or Court of Appeals, clerk, marshal and deputies, summonses 1225 Dodge; Tax Commissioner relieved from duty of visiting districts; amending act of 1933 913 Dooley; Commissioners, election by road districts; amending act of 1943 143 Early; Tax Commissioner, salary; amending act of 1929 134 Echols; Commissioners, compensation; amending acts of 1893 and 1933 227 Evans; Ordinary, additional salary 208 Fannin; salaries of Commissioner and his clerk 966 Fulton; Atlanta, Fulton and DeKalb Counties; revenue-anticipation obligations for grandstands and stadia; proposed amendment to Constitution; resolution 1759 Fulton; civil service system, extension of; proposed amendment to Constitution; resolution 1776 Fulton; extending coverage of pension system; proposed amendment to Constitution; resolution 1749 Fulton; garbage disposal, tax assessment, districts; proposed amendment to Constitution; resolution 1757 Fulton; Law Department 680 Fulton; pension and retirement pay to teachers and employees of Board of Education; amending act of 1945 535 Fulton; pension law amended 625 Fulton; taxicabs and cars for hire; license, tax and regulation outside municipalities; proposed amendment to Constitution; resolution 1773 Fulton; Treasurer's salary; amending act of 1920 461 Fulton County, Civil Court of; salaries of Judges; City Court Judges may preside 998 Glynn; authority of Commissioners to levy school tax 1007 Glynn; pensions for County employees 750 Grady; Tax Commissioner's salary 789 Gwinnett; Treasurer's salary; amending act of 1941; referendum 275

Page 1816

Gwinnett; Treasurer's salary; amending act of 1941 1006 Harris, Meriwether, and Talbot Planning District, Warm Springs Memorial Area 1011 Hart; Board of Finance, Road Commissioner, Treasurer; amending act of 1946 659 Henry; salary of Commissioners' clerk 528 Jenkins; Tax Commissioner's compensation; amending act of 1945 871 Johnson; State Librarian authorized to furnish certain law books to; resolution 1746 Lincoln; Treasurer's salary; amending acts of 1916 and 1941 735 Long; salary of Commissioners' clerk, amending act of 1945 1639 Lowndes; Commissioners, terms, election, chairman; amending act of 1945 868 Macon; Commissioners, elections; amending act of 1912 961 Macon; Tax Commissioner, creating office; abolishing offices of Tax Receiver and Tax Collector 814 Marion; Sheriff's compensation 721, 1094 Meriwether, Harris, and Talbot Planning District, Warm Springs Memorial Area 1011 Monroe; Tax Commissioner, compensation; amending act of 1945 580 Montgomery County, Superior Court; disposition of fines and forfeitures 531 Muscogee; County Board of Health, membership; amending sec. 2, act of 1941 11 Muscogee County; Department of Health; combining of County and Columbus departments; proposed amendment to Constitution; resolution 1780 Muscogee; school system; merger of Columbus and County systems; proposed amendment to Constitution; resolution 1768 Pickens; State Librarian authorized to furnish certain law books to; resolution 1736 Polk; Board of Education; merger of Cedartown and County school systems; County School Superintendent; special tax; proposed amendment to Constitution; resolution 1764 Polk County, City Court of; juvenile jurisdiction; procedure, pleading and practice; Judge's salary 687, 1245 Pulaski; Ordinary's bond and compensation 783

Page 1817

Pulaski; salary of Commissioners' clerk 781 Pulaski; Treasurer; abolishing acts repealed 782 Putnam; Sheriff's compensation 874 Quitman; Commissioner; creating act 771 Quitman; Commissioners; creating acts repealed 770 Randolph; Commissioners, road districts, election; amending acts of 1935, 1943, and 1945 132 Richmond; Commissioners' clerk, duties, salary; amending acts of 1907, 1920, 1929 225 Richmond; Public School System; new act, repealing acts of 1874, 1877, 1888, 1907, 1914, 1924, 1925, 1927, 1929, 1937, and 1945; referendum 145 Richmond County Reformatory Institute; acts repealed; transfer of property to State authorized 969 Rockdale; Commissioner's salary; amending act of 1941 671 Rockdale; powers of Commissioner as to airports 683 Rockdale; Tax Commissioner; commission on excess taxes collected; amending act of 1943 672 Schley; Tax Commissioner's salary; amending act of 1943 808 Spalding; school districts; Board of Education, election, qualifications, terms; County School Superintendent; Griffin one district; proposed amendment to Constitution; resolution 1761 Talbot, Meriwether, and Harris Planning District, Warm Springs Memorial Area 1011 Tattnall; offices of Tax Receiver and Tax Collector abolished; office of Tax Commissioner created 1573 Telfair; salary of Commissioner's clerk 1631 Telfair County, Superior Court; fines and forfeitures 526 Tift; Commissioners, compensation changed; amending act of 1917 as amended by act of 1927 303 Tift; Hospital Board created for Tift County Hospital 139 Turner; wild deer or turkey hunting in Turner and Worth Counties prohibited for five years 1643 Union; offices of Tax Collector and Tax Receiver abolished; office of Tax Director established 1233 Wilcox; Commissioners, elections; amending act of 1939 786 Wilcox; Tax Commissioner, creating act 509 Wilkinson County, Superior Court; terms 667 Worth; wild deer or turkey hunting in Turner and Worth Counties prohibited for five years 1643

Page 1818

COUNTY BOARDS OF EDUCATION See Counties and County Matters. Power of to establish schoolhouse districts, amending Code Chapter 32-9 1186 COUNTY COMMISSIONERS See Commissioners of Roads and Revenues; Counties and County Matters. COUNTY COURTS See City, County, and Municipal Courts. COUNTY SCHOOL SUPERINTENDENTS Classification and compensation, amending Code 32-1006 1169 Examination of teachers by, suspension by, appeal 1189 Removal, amending Code 32-1008 1189 COURT OF APPEALS Personnel 1784 Salary of Deputy Clerk 686 COURTS See City, County, and Municipal Courts; Court of Appeals; Superior Courts; Supreme Court; and names of courts. Personnel of Appellate Courts 1784 COWETA COUNTY Pensioning county employees 241 CRIMINAL COURT OF ATLANTA See Fulton County, Criminal Court of. CRIMINAL COURT OF FULTON COUNTY See Fulton County, Criminal Court of. CRISP COUNTY Reconveyance of land to; resolution 6

Page 1819

D DALTON Board of Water, Light and Sinking Fund Commissioners 1201 New charter, referendum 875 Tax Assessors and taxes, amending charter VI DAMAGES Liens of judgments for, growing out of a common disaster or occurrence 1138 DANGEROUS DRUGS See Drugs. DANIELSVILLE New charter 1664 DECATUR School tax, referendum 506 Sewers, assessment of cost of laying, amending charter 517 DECATUR, CITY COURT OF Salaries of Judge and Solicitor; amending acts of 1922, 1925, 1927, and 1943 567 DEEDS TO SECURE DEBT See Bills of Sale to Secure Debt. DEER Wild deer or turkey hunting in Turner and Worth Counties prohibited for five years 1643 DEKALB COUNTY Atlanta, Fulton and DeKalb Counties, revenue-anticipation obligations for grandstands and stadia; proposed amendment to Constitution; resolution 1759 Board of Education; authorizing districts for election, School Superintendent; proposed amendment to Constitution; resolution 1753 Board of Education; levy of school tax; proposed amendment to Constitution; resolution 1778

Page 1820

Commissioner, salary 516 Department of Investigation 839 Pension and retirement system created 1550 Planning District and Commission, for Fulton and DeKalb Counties 849 Repair of streets and sidewalks; curbing, water, sewers; assessing and collecting costs; proposed amendment to Constitution; resolution 1755 School District Bond Commission created 290 DEKALB COUNTY, CIVIL COURT OF Jurisdiction; costs, jurors, terms, motions for new trial, bill of exceptions to Supreme Court or Court of Appeals; clerk, marshal, and deputies; summonses 1225 DEPARTMENT OF PUBLIC HEALTH Director's salary; amending Code 88-105 1170 DEPOSITARIES Lien and rights of involuntary gratuitous depositaries 1165 DISASTERS Liens of judgments for damages growing out of a common disaster or occurrence 1138 DISPOSSESSORY WARRANTS Tenants holding over; judgment for future double rent; amending Code 61-305 657 DIVORCES Divorces and marriage annulments; registration and fee provisions; amending act of 1945 916 DODGE COUNTY Tax Commissioner relieved from duty of visiting districts; amending act of 1933 913 DOOLY COUNTY Commissioners; election by road districts; amending act of 1943 143

Page 1821

DORAVILLE New charter 1263 DRIVERS' LICENSES Five-year period; amending act's of 1937, 1939, and 1941 294 DRUGS Drug inspectors; misbranding of articles; prescription required for certain drugs; sale of poisons, marking of containers; agricultural poisons; amending Code 42-102, 42-110, 42-701, and act of 1939 1463 Rules and regulations of Board of Pharmacy; refusal or revocation of licenses to sell; compounding and selling by physicians, dentists, and veterinarians; registration of pharmacists; agricultural poisons; amending Code 84-1309, 84-1312, 84-1316, 84-1317, 84-1318, 84-1319, 84-9920 1471 Sulfanilamide sales for livestock and poultry diseases 734 DUBLIN Board of Tax Assessors; amending act of 1937 as amended by act of 1941 263 E EARLY COUNTY Tax Commissioner, salary; amending act of 1929 134 EAST DUBLIN Charter 251 EAST POINT Corporate limits extended, referendum; limits extended 1001, 1568 Home for war veterans authorized; amending charter 1093 Limits extended; new ward, City officials; Zoning and Planning Commissioners; referendums 1431 Mayor and Aldermen, terms; amending charter; referendum 1296

Page 1822

Payments for total and permanent disability resulting from occupational hazards; taxation; elections; nuisances; City officers; zoning and planning; amending charter 1286 Salaries of Mayor and Aldermen; referendum 985 EASTERN CIRCUIT Additional judge; terms, juries, officers 1104 EASTMAN Board of Tax Assessors; tax procedure; amending charter 962 ECHOLS COUNTY Commissioners, compensation; amending acts of 1893 and 1933 227 EDUCATION See Counties and County Matters; County Boards of Education; County School Superintendents; Pension and Retirement Allowances; Public Schools; State Board of Education; State Superintendent of Schools; Teachers; Veterans. County Board of Education in counties of not less than 5,910 and not more than 6,000 population, amending Code 32-903 682 Elementary and high school grades; funds; textbooks; amending act of 1937 668 EELBECK MILLING COMPANY Conveyance of land to, by City of Columbus 282 ELBERTON Councilmen, nomination by wards; amending act of 1921 280 Mayor Pro Tem.; amending act of 1896 278 Recorder's Court; amending act of 1896 279 ELECTIONS See Names of cities and counties. Primary bill (vetoed after publication) 23 Registration; identification certificates to registered voters in counties of not less than 115,000 and not more than 170,000 population 1236 Registration of voters in counties of 81,000 to 82,000 population 70

Page 1823

Regulation of acts at polls, in counties of 81,000 to 82,000 population 860 Solicitation of votes and regulation of elections, in counties of between 28,390 and 29,000 population 1008 Voting machines and elections, in cities of not less than 95,000 and not more than 200,000 population 791 Voting machines and elections, in counties of not less than 100,000 and not more than 300,000 population 1203 ELECTRIC PLANTS Sale, amending act of 1945 495 ELECTRIC STREET RAILROAD COMPANIES See Street Railroad Companies. ELEMENTARY SCHOOLS See Education. EMPLOYEES, INSANE See Insane Employees. ESTATES, ADMINISTRATION OF Administration of estates, missing persons believed to be dead 1131 Conservators; missing persons believed to be dead 1134 Division of property in kind; amending Code 113-1019 1141 Warrants of appraisement; amending Code 113-1401 861 Year's support, appraisement; property in County other than that of application; record of return; amending Code Ch. 113-10 866 EUGENE TALMADGE MONUMENT COMMISSION Resolution establishing 302 EVANS COUNTY Ordinary, additional salary 208 EVICTION See Dispossessory Warrants. EVIDENCE Additional witnesses subject to cross-examination and impeachment; amending Code 38-1801 568

Page 1824

F FANNIN COUNTY Salaries of Commissioner and his clerk 966 FEES See Attorney's Fees; Constables; Coroners. FINES AND FORFEITURES See Superior Courts. Distribution, disbursement, in counties of 9,827 to 9,832 population 9 Superior Court; distribution in counties of not less than 11,303 and not more than 11,321 population 206 FIRE PROTECTION See Building Safety. Special Joint Committee of General Assembly, to study proposals and handle bills; resolution 1730 FIREMEN See Names of cities. Fire Department Civil Service, in cities of more than 200,-000 population; amending act of 1937 700 Pensions for policemen and firemen, in counties of more than 200,000 population; amending acts of 1939 and 1945 584 Pensions to fire-department members, in cities of 150,000 population; amending act of 1924 717 FIREWORKS See Names of cities. Sales and uses regulated in counties of not less than 81,000 and not more than 85,000 population 228 FITZGERALD Officers and employees, City Attorney; taxes, hospital; Water, Light and Bond Commission; bonded indebtedness; amending charter 555 FORREST PARK Certain territory excluded from city limits; elections 964 FORTUNE TELLING, CLAIRVOYANCE, ETC. County Commissioners authorized to tax outside limits of corporations; amending General Tax Act of 1935 1136

Page 1825

FULLERVILLE Villa Rica limits extended to include Fullerville and other territory; referendum 1401 FULTON COUNTY Atlanta, Fulton and DeKalb Counties; revenue-anticipation obligations for grandstands and stadia; proposed amendment to Constitution; resolution 1759 Civil service system; extension of; proposed amendment to Constitution; resolution 1776 Garbage disposal, tax assessment, districts; proposed amendment to Constitution; resolution 1757 Law Department 680 Pension and retirement pay, to teachers and employees of Board of Education; amending act of 1945 535 Pension law amended 625 Pension system, coverage extended; proposed amendment to Constitution; resolution 1749 Planning District and Commission for Fulton and DeKalb Counties 849 Taxicabs and cars for hire; license, tax and regulation outside municipalities; proposed amendment to Constitution; resolution 1773 Treasurer's salary; amending act of 1920 461 FULTON COUNTY, CIVIL COURT OF Salaries of Judges; City Court Judges may preside 998 FULTON COUNTY, CRIMINAL COURT OF Salaries of Solicitor-General, Assistant and Deputy Solicitors; amending acts of 1871, 1891, and 1935 614 Salary of judges; amending acts of 1891 and 1935 273 G GAINESVILLE Civil Service Board established 464 Retirement fund; amending act of 1941 463 GARBAGE DISPOSAL See Names of cities. In counties of more than 200,000 population; amending act of 1937 545

Page 1826

Transfer of functions in counties of 200,000 or more population 453 GENERAL ASSEMBLY Acquisition of abandoned right of way of Atlanta Northern Railway; Joint Committee created; resolution 1732 Acts; changes in approval dates VI Acts vetoed after publication V Fire protection; Special Joint Committee created to study proposals and handle bills; resolution 1730 Resolutions; changes in approval dates VI Return of bills from Secretary of State to Acting Governor; resolution 1727 Tax Law Revision Committee; resolution 1741 GENERAL CIVIL AND PENAL LAWS See Code. Administration of estates of missing persons believed to be dead 1131 Airport Authority, created in counties of 300,000 or more population 1446 Alimony; attorney's fees in citations for contempt for failure to pay 292 Amphitheaters, etc.; powers of county officers, in counties of 200,000 or more population 685 Athletic contests; betting and bribes illegal 1139 Automobile drivers licenses; 5-year period; amending acts of 1937, 1939, and 1941 294 Banks, board of directors of; vacancies between elections 480 Banks; purchase of stocks and investment securities 501 Bonds; investment of proceeds of, issued by any county, municipality, school district, or other political subdivision 1173 Briefs of evidence; dispensing with, and with assignments of error upon final judgment in certain cases 299 Building Safety Law 1452 Chief of Police of County Police Department, in counties of 200,000 or more population 456 City police or fire department members, in counties of more than 200,000 population; transferring to county department; service credit for pensions 1629 Condemnation of private property for public-school purposes 1130

Page 1827

Conservators, for estates of missing persons believed to be dead 1134 Coroner, sheriff, and jurors; fees at inquests, in counties of not less than 25,280 and not more than 25,300 population 749 Coroners; compensation of, and of inquest jurors, in counties of not less than 12,751 and not more than 12,758 population 297 Coroners; employment of stenographer, in counties of not less than 83,783 and not more than 83,799 population 524 Coroners; fees for summoning jury and holding inquest, in counties of not less than 19,618 and not more than 19,700 population 995 Coroners and inquest jurors; fees in counties of not less than 9,827 and not more than 9,832 population 784 County officers; bonds of county officials to be signed by surety or guaranty company 1543 County officers; salaries of Tax Collector, Sheriff, and Clerk of Superior Court in counties of not less than 115,000 and not more than 170,000 population; amending act of 1933 1644 Depositaries, involuntary gratuitous; lien and rights 1165 Divorces and marriage annulments; registration and fee provisions; amending act of 1945 916 Elections; registration; identification certificates to registered voters, in counties of not less than 115,000 and more than 170,000 population 1236 Elections; registration of voters in counties of 81,000 to 82,000 population 70 Elections; regulation of acts at polls, in counties of 81,000 to 82,000 population 860 Elections; solicitation of votes and regulation of elections, in counties of between 28,390 and 29,000 population 1008 Elementary and high-school grades; funds; textbooks; amending act of 1937 668 Fines and forfeitures; distribution, disbursement, in counties of 9,827 to 9,832 population 9 Fines and forfeitures; distribution, in counties of not less than 11,303 and not more than 11,321 population 206 Fireworks; sales and uses regulated, in counties of not less than 81,000 and not more than 85,000 population 228

Page 1828

Fortune telling, clairvoyance, palmistry, etc., County Commissioners authorized to tax outside limits of corporations; amending General Tax Act of 1935 1136 Garbage disposal, in counties of more than 200,000 population; amending act of 1937 545 Garbage disposal; transfer of functions in counties of 200,000 or more population 453 Highways; Counties and State Highway Department granted right and authority to make surveys for road purposes across lands of property owners 984 Highways; reimbursement to Counties by State Highway Department, expenditures for rights of way when location not used for three years 1186 Home rule for certain counties; elections, initiative, referendum and recall. See also Municipal Home Rule Law, infra 1501 Hospital authorities; investment of surplus monies 1138 Hunting, wild deer or turkey, in Turner and Worth Counties, prohibited for five years 1643 Insane employees; payment of wages to wife 306 Insurance, fire, marine and inland marine; rates, ratemaking and other regulation; powers of Insurance Commissioner 1523 Insurance companies; investment of assets in real estate. See also Code 1496 Labor unions; interference with employment or work; mass picketing; unlawful acts 620 Labor unions; membership, fees, requirements; contracts; illegal acts; injunction 617 License fees and rules for taxicabs, etc., in counties of 300,000 or more population 704 Licenses; exemptions for disabled veterans; amending act of 1943 1163 Liens of judgments for damages growing out of common disaster or occurrence 1138 Malt beverages and wines; possession prohibited in counties of not more than 7,044 and not less than 7,040 population; referendum 820 Motor vehicles; parking or stopping motor vehicles on State-aid roads; amending act of 1935. See also Code 1505 Municipal corporations; surrender of charter 1545

Page 1829

Municipal Home Rule Law 1118 Pension system, in cities of more than 150,000 population; amending act of 1927 1635 Pensions for policemen and firemen, in counties of more than 200,000 population; amending acts of 1939 and 1945 585 Pensions to fire-department members, in cities of 150,000 population; amending act of 1924 717 Photographic recording by county officers, in counties of 70,000 to 80,000 population 10 Photographic recording by county officials, in counties of not less than 115,000 and not more than 170,000 population 1562 Pipe lines for transporting clay, authorized under State-owned rights of way; State Highway Department to regulate and control 1182 Public Safety Department; composition and compensation of troop; amending act of 1946 1159 Public school teacher retirement system; amending act of 1943 872 Renting privileges in courthouses, jails, etc., for sale of soft drinks, food, etc., in counties of 300,000 or more population 1095 Salaries of Secretary of State, Attorney-General, State Superintendent of Schools, Comptroller-General, Treasurer, Commissioner of Agriculture, Members of Public Service Commission, Commissioner of Labor, State Superintendent of Banks and Assistant; salaries and travel expenses of Members of State Board of Pardon and Paroles 673 Street railroad companies owning hydro-electric plants; sale of properties; amending act of 1945 495 Sulfanilamide sales for livestock and poultry diseases 734 Taxation; exemptions for non-profit hospitals; amending act of 1945 1183 Teachers' retirement; salary deductions required; amending Teachers' Retirement Act of 1943 1155 Teachers' retirement; system amended; members of system; amending act of 1943 1494 Trust, common; funds; investment amounts increased; amending act of 1943 478 Trust companies; board of trustees, executive committee 476

Page 1830

Veterans; counties, cities, and other political subdivisions authorized to furnish quarters to organizations and auxiliaries 1181 Veterans; no payments to retirement or pension funds of counties or municipalities during service with armed forces 858 Veterans' Education Council established 1143 Vocational education; authority of State Board of Education as to control of funds; amending act of 1943 1161 Voting machines and elections, in cities of not less than 95,000 and not more than 200,000 population 791 Voting machines and elections, in counties of not less than 100,000 and not more than 300,000 population 1203 Wine making and selling; county elections as to sale; wineries, permits for, under rules and regulations of Commissioner of Agriculture; amending act of 1935 1178 Year's support, appraisement; property in county other than that of application; record of return 866 GEORGIA COASTAL SCENIC HIGHWAY AUTHORITY Creating 1480 GEORGIA-TENNESSEE BOUNDARY Attorney-General authorized to bring proceedings; resolution 1729 GEORGIA-TENNESSEE BOUNDARY COMMISSION Resolution authorizing 1728 GLYNN COUNTY Authority of Commissioners to levy school tax 1007 Pensions for County employees 750 GRADY COUNTY Tax Commissioner's salary 789 GRIFFIN Public schools; school districts for Spalding County; Board of Education, election, qualifications, terms; County School Superintendent; Griffin one district; proposed amendment to Constitution; resolution 1761

Page 1831

Retirement, disability payments; tax on insurance premiums; police power outside city limits 958 GWINNETT COUNTY Treasurer's salary; amending act of 1941; referendum 275 Treasurer's salary, amending act of 1941 1006 H HABERSHAM COUNTY, CITY COURT OF Solicitor, duties, salary; amending act of 1941 1400 HAHIRA Registration of voters; elections; amending charter 738 HALL COUNTY, CITY COURT OF Process in; salaries of Judge and Solicitor; amending act of 1891 281 HAPEVILLE City Manager; amending act of 1891 550 Duties and elections of officers; amending acts of 1927 and 1914 526 Limits extended, referendum 1395 Water system and service; nuisances; tourist or trailer camps; amending charter 531 HARRIS COUNTY Meriwether, Harris and Talbot Planning District, Warm Springs Memorial Area 1011 HART COUNTY Board of Finance, Road Commissioner, Treasurer; amending act of 1946 659 HEALTH See Department of Public Health; and names of cities and counties. HENRY COUNTY Salary of Commissioner's clerk 528

Page 1832

HI-Y CLUB Memorial plaque for members of Hi-Y and Tri-Hi-Y Clubs who perished in Winecoff Hotel fire; resolution 1748 HIGH SCHOOLS See Education. HIGHWAYS See State Highway Department. Blue Star Drive; Georgia portion of U. S. Highway No. 1 so designated; resolution 1733 Coastal Scenic Highway Authority created 1480 Pipe lines for transporting clay authorized under Stateowned rights of way; State Highway Department to regulate and control 1182 Reimbursement to counties by State Highway Department for expenditures for rights of way when location not used for three years 1186 Surveys for road purposes, across lands of property owners; Counties and State Highway Department granted right and authority to make 984 United Spanish War Veterans Memorial Highway; roads and routes designated; resolution 1735 HOLIDAYS Permissive bank holidays; amending Code 14-1809 1171 HOME RULE Home rule for certain Counties; elections, initiative, referendum, and recall 1501 Municipal Home Rule Law 1118 HOMERVILLE VETERANS HOME Contributions to, by Clinch Commissioners authorized; resolution 1733 HONEY BEES Honey bees and equipment; restrictions as to shipment; repealing Code 5-903; amending 5-906 1158 HOSPITAL AUTHORITIES Investment of surplus monies 1138

Page 1833

HOSPITALS Taxation, exemptions for non-profit hospitals; amending act of 1945 1183 HUNTING Wild deer or turkey hunting in Turner and Worth Counties prohibited for five years 1643 HYDRO-ELECTRIC PLANTS Street railroad companies owning; sale of properties; amending act of 1945 495 I INSANE EMPLOYEES Payment of wages to wife 306 INSANE PERSONS Restoration to sanity; amending Code 49-609; repealing 49-610 1174 INSURANCE Casualty insurance rates; fidelity, surety, and guaranty bonds; rate-making and other regulations; powers of Insurance Commissioner; Code 114-609 repealed 1506 Fire, marine, and inland marine; rates, rate-making and other regulation; powers of Insurance Commissioner 1523 Rights of creditors and others in proceeds of policy; amending Code 56-905 1153 INSURANCE COMPANIES Annual statements to Comptroller-General; amending Code 56-403 1622 Board of directors; amending Code 56-208 1498 Investment of assets in real estate 1496 INTOXICATED PERSONS Not to operate motor vehicles; amending Code 68-307 231 INTOXICATING LIQUORS See Malt Beverages; Wine Making, Selling and Possession.

Page 1834

J JASPER New charter 428 JENKINS COUNTY Tax Commissioner's compensation; amending act of 1945 871 JESUP Salaries of City officials; elections; taxes; planning and zoning; animals and fowls running at large; amending charter 1064 JOHNSON COUNTY State Librarian authorized to furnish law books to; resolution 1746 JUVENILE COURTS See Polk County, City Court Of. Salary of Judge of, in counties of 200,000 and more population; amending act of 1935 766 L LABOR, COMMISSIONER OF Salary 673 LABOR UNIONS Interference with employment or work, mass picketing, unlawful acts 620 Membership, fees, requirements; contracts; illegal acts; injunction 617 LAMBERT New charter 483 LAND GRANT TO UNITED STATES Conveyance of land to United States for lookout tower, Brasstown Bald 684

Page 1835

LANDLORD AND TENANT Dispossessory warrants; tenants holding over; judgment for future rent; amending Code 61-305 657 LAW BOOKS See Resolutions. LIBRARY AND LIBRARIAN See State Library. LICENSES See Drivers' Licenses; Fortune Telling, etc.; and names of cities and counties. Exemptions for disabled veterans; amending act of 1943 1163 License fees and rules for taxicabs, etc., in counties of 300,000 or more population 704 Veterans and blind persons authorized to peddle or conduct business without license; amending Code 94-2011 1151 LIENS Depositories, involuntary gratuitous; lien and rights 1165 Rank of liens of judgments for damages growing out of common disaster or occurrence 1138 LINCOLN COUNTY Treasurer's salary; amending acts of 1916 and 1941 735 LIQUORS See Malt Beverages; Wine Making, Selling and Possession. LITHONIA Assessments for cost of paving and curbing; amending charter 523 Extension of corporate limits; referendum 514 Salaries of City officers; temporary loans; taxes; amending charter 574 LIVESTOCK Sulfanilamide sales for livestock and poultry diseases 734 LONG COUNTY Salary of Commissioners' clerk; amending act of 1945 1639

Page 1836

LOWNDES COUNTY Commissioners, terms, election, chairman; amending act of 1945 868 LUNATICS See Insane Persons. LYERLY Election and term of town officials; amending acts of 1891 and 1898 722 M MACON City-County Board of Health for City and Bibb County; proposed amendment to Constitution 1565 Officer or employee retirement; proceeds from water works; amending charter 1258 Sale of land to William A. Snow 658 Sales of lands and title thereto confirmed in W. S. Dickey Clay Manufacturing Company 231 Zoning and planning agencies for City and Bibb County; proposed amendment to Constitution 1240 MACON COUNTY Commissioners, elections; amending act of 1912 961 Tax Commissioner; office created; offices of Tax Receiver and Tax Collector abolished 814 MACON RESERVE Relinquishment by State of title to areas contiguous to lots, Macon Reserve west of Ocmulgee River 623 MALT BEVERAGES Possession of malt beverages and wines, prohibited in counties of not more than 7,044 and not less than 7,040 population; referendum 820 MARCH OF DIMES WEEK Resolution setting aside 5

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MARIETTA Business, license and use taxes; amending act of 1904 299 Sanitary and health service; amending act of 1904 300 MARION COUNTY Sheriff's compensation 721 , 1094 MARRIAGE ANNULMENTS Divorces and marriage annulments; registration and fee provisions; amending act of 1945 916 McDONOUGH Election of Marshal and of Mayor and Councilmen; zoning laws and Zoning Commissioner authorized; amending charter 136 MEDICINES See Drugs. MEIGS Corporate limits extended; referendum 993 MEMORIAL HIGHWAYS Georgia portion of U. S. Highway No. 1 designated as Blue Star Drive; resolution 1733 United Spanish War Veterans Memorial Highway; roads and routes designated; resolution 1735 MEMORIALS See Eugene Talmadge Monument Commission. Memorial in Capitol or Capitol grounds to commemorate sacrifices by sons of mothers of Georgia who gave their lives in defense of their country; resolution 1734 Plaque for members of Hi-Y and Tri-Hi-Y Clubs who perished in Winecoff Hotel fire; resolution 1748 MERIWETHER COUNTY Meriwether, Harris and Talbot Planning District, Warm Springs Memorial Area 1011 MIDDLE JUDICIAL CIRCUIT Court Reporter's salary; amending act of 1945 1542

Page 1838

MIDVILLE Ad valorem tax; amending chartr 838 Mayor and Councilmen, time of election for; amending charter 836 MILAN New charter 1645 MILLEN, CITY COURT OF Misdemeanor warrants; Judge's salary; Solicitor's salary; practice and procedure; terms; amending act of 1943 862 MINORS Minors not 16 years old not to operate motor vehicles; amending Code 68-307 231 MISSING PERSONS Administration of estates when believed to be dead 1131 Conservators for estates when believed to be dead 1134 MONROE Police Commission for City 818 MONROE COUNTY Tax Commissioner, compensation; amending act of 1945 580 MONTGOMERY SUPERIOR COURT Disposition of fines and forfeitures 531 MORTGAGES What mortgage or bill of sale to secure debt may embrace; amending Code 67-103 529 MOTOR CARRIERS Reciprocal agreements with other States; amending Code 68-1003 1157 MOTOR FUEL TAX Refunds; Code 92-1407E added 1115

Page 1839

MOTOR VEHICLES See Automobiles. Intoxicated persons not to operate; amending Code 68-307 231 Jurisdiction of courts over non-resident motorists; amending Code 68-803 305 Minors not 16 years old not to operate; amending Code 68-307 231 Parking or stopping motor vehicles on State-aid roads; amending act of 1935 1505 MUNICIPAL CORPORATIONS General Laws: Civil service and pension systems extended to added territory in cities of more than 250,000 population 703 Fire Department; civil service in cities of more than 200,000 population; amending act of 1937 700 Surrender of charter 1545 MUNICIPAL CORPORATIONS Particular Cities: Abbeville; Mayor and Aldermen; salary of City Clerk and Treasurer; referendum 317 Abbeville; power to grant easements; amending charter; referendum 830 Abbeville; tax assessment, levy and collection; amending charter; referendum 288 Acworth; Mayor and Aldermen; wards, elections, registration of voters; streets and sidewalks; City Manager; amending charter 308 Adairsville; corporate limits changed 839 Adel; Mayor and Councilmen and other officers, elections, terms, vacancies; amending act of 1919 187 Ailey; paving, curbs, gutters; amending charter 842 Albany; corporate limits extended, wards; City Officials; Board of City Commissioners; elections; amending charter 725

Page 1840

Alpharetta; Mayor and Councilmen; taxes; Marshal; zoning ordinances amending charter 519 Athens; Civil Service Commission, members, compensation; amending act of 1918 190 Athens; Civil Service Commission, qualifications and election of members, compensation; amending act of 1918 193 Athens; elections, absentee ballots; amending act of 1872 197 Athens; retirement system for salaried employees created; amending charter 123 Athens; salaries of City officers and employees; amending charter 840 Atlanta; Chief of Sanitary Department, term 924 Atlanta; City Attorney 925 Atlanta; control of streets, alleys, and squares 583 Atlanta; corporate limits extended 719, 1633 Atlanta; corporate limits extended, referendum 1559, 1625 Atlanta; fire hazards 924 Atlanta, Fulton and DeKalb Counties; revenue-anticipation obligations for grandstands and stadia; proposed amendment to Constitution; resolution 1759 Atlanta; provisional Mayor Pro Tem.; investment of surplus funds acquired from bond issues 459 Atlanta; revenue certificates for water works, sanitation; proposed amendment to Constitution 664 Atlanta; salaries of City officials; exchange of land with Greenwood Cemetery Company; License Bureau for liquor and wine permits; City Attorney 1097 Atlanta; use of 1-mill-tax proceeds; sewer assessment; amending charter 817 Auburn; new charter 1046 Augusta; new charter. For particular subjects, see table under title of Act and Side-Notes 320 Barnesville; corporate limits extended 706 Barnesville; public-school-system tax; referendum 662 Baxley; Mayor's term of office; amending charter 1232 Blackshear; new charter 1576 Bremen; sanitation tax; amending act of 1898 827 Bremen; school-building tax; amending act of 1898; referendum 828 Bremen; taxes, referendum; amending charter 767 Brunswick; City Manager; licenses; pension system; tax for public schools; civil service; Deputy Clerk of Police Court; amending charter 854

Page 1841

Brunswick; corporate limits extended; referendum 987 Camilla; City Manager, Treasurer, Clerk, Attorney; amending act of 1907; referendum 20 Carnesville; ad valorem taxes; amending charter 834 Carrollton; corporate limits extended 1564 Cedartown; limits extended; taxes 708 Cedartown; school system; Board of Education for City and Polk County; merger of City and County systems; County School Superintendent; special tax; proposed amendment to Constitution; resolution 1764 Cedartown; territorial extension; wards abolished; taxation; amending charter 1386 Chatsworth; election and terms of office of City officials; amending charter; referendum 106 Chatsworth; waterworks commission created; amending charter; referendum 110 Clarkesville; Mayor and Council to fix salaries of municipal officers; amending charter 848 Clarkston; elections, registration of voters; sewers; amending charter 577 Cleveland; new charter; referendum 1406 College Park; limits extended 1442 College Park; taxes; costs in Recorder's Court; civil-service system; improvements; absentee voting; clearing and cleaning off property to remove fire hazards and for health and sanitation, etc.; amending charter 1040 College Park; territorial extension 1112 Colquitt; impounding and sales of livestock running at large; amending act of 1941 179 Colquitt; repealing act of 1946, and restoring and re-enacting sec. 11, act of 1915 175 Colquitt; stock law; repealing act of 1929 144 Columbus; bus terminal authorized 1242 Columbus; compulsory retirement of officers and employees; amending act of 1937 1570 Columbus; conveyance of certain land to Eelbeck Milling Company 282 Columbus; corporate limits extended 845 Columbus; Department of Health; combining of City and County departments; proposed amendment to Constitution; resolution 1780 Columbus; hosptilization insurance; amending charter 16 Columbus; retirement pensions; charter amended 13

Page 1842

Columbus sale of land authorized 579 Columbus; school system; merger of City and County systems; proposed amendment to Constitution; rsolution 1768 Dalton; Board of Water, Light and Sinking Fund Commissioners 1201 Dalton; new charter; referendum 875 Dalton; Tax Assessor and taxes; amending charter VI Danielsville; new charter 1664 Decatur; assessment of cost of laying sewers; amending charter 517 Decatur; school tax; referendum 506 Doraville; new charter 1263 Dublin; Board of Tax Assessors; amending acts 263 East Dublin; incorporation 251 East Point; corporate limits extended 1568 East Point; corporate limits extended; referendum 1001 East Point; home for war veterans authorized; amending charter 1093 East Point; limits extended, new ward; City officials; Zoning and Planning Commissioners; referendums 1431 East Point; Mayor and Aldermen, terms; amending charter; referendum 1296 East Point; salaries of Mayor and Aldermen; referendum 985 East Point; total and permanent disability payments, occupational hazards; taxation; elections; nuisances; City officers; zoning and planning; amending charter 1286 Eastman; Board of Tax Assessors and tax procedure; amending charter 962 Elberton; Councilmen, nomination by wards; amending act of 1921 280 Elberton, Mayor Pro Tem.; Recorder's Court; amending act of 1896 278 Fitzgerald; officers and employees, City Attorney; taxes; hospital; Water, Light and Bond Commission, bonded indebtedness; amending charter 555 Forrest Park; certain territory excluded from city limits; elections 964 Fullerville; Villa Rica limits extended to include town, and other territory; referendum 1401 Gainesville; Civil Service Board established 464 Gainesville; retirement fund; amending act of 1941 463 Griffin; public schools; school districts for Spalding County; Board of Education, election, qualifications, terms; County School Superintendent; Griffin one district; proposed amendment to Constitution; resolution 1761

Page 1843

Griffin; retirement, disability payments; tax on insurance premiums; police power outside city limits 958 Hahira; registration of voters, elections; amending charter 738 Hapeville; City Manager; amending act of 1891 550 Hapeville; duties and elections of officers; amending acts of 1927 and 1914 526 Hapeville; limits extended; referendum 1395 Hapeville; water system and service; nuisances; tourist or trailer camps; amending charter 531 Jasper; new charter 428 Jesup; salaries of City officials; elections; taxes; planing and zoning; animals and fowls running at large; amending charter 1064 Lambert; new charter 483 Lithonia; assessments for cost of paving and curbing; amending charter 523 Lithonia; extension of corporate limits; referendum 514 Lithonia; salaries of City officers; temporary loans; taxes; amending charter 574 Lyerly; election and term of town officials; amending acts 722 Macon; City-County Board of Health for City and Bibb County; proposed amendment to Constitution 1565 Macon; officer or employee retirement; proceeds from water works; amending charter 1258 Macon; sale of land to William A. Snow 658 Macon; sales of lands and title thereto confirmed in W. S. Dickey Clay Manufacturing Company 231 Macon; zoning and planning agencies for City of Macon and Bibb County; proposed amendment to Constitution 1240 Marietta; business, license and use taxes; amending act 299 Marietta; sanitary and health service; amending act 300 McDonough; election of City Marshal and of Mayor and Councilmen; zoning laws and Zoning Commissioner authorized; amending charter 136 Meigs; corporate limits extended; referendum 993 Midville; ad valorem tax; amending charter 838 Midville; Mayor and Councilmen, time of election; amending charter 836 Milan; new charter 1645 Monroe; Police Commission created 818 Nelson; new charter 208

Page 1844

Newnan; retirement of city employees; amending acts 234 Newnan; zoning and planning authorized; amending charter 1640 Norristown, incorporated 929 Omega; corporate limits extended; amending act 205 Omega; property tax of 15 mills; amending charter 1399 Pavo; Mayor and Councilmen, elections; amending charter 1096 Reidsville; new charter 1021 Rome; authority to incur additional indebtedness; amending charter 811 Rossville; new charter; referendum 1300 Savannah; group insurance for employees 934 Savannah; pensions, years of service before pension, pension contributions, re-employment, termination; amending act of 1945 935 Savannah; Personnel Board created 938 Savannah; Savannah River Bridge Commission created; amending charter 497 Savannah; Police Court of; sentences, suspension, vacation, reduction of fines; amending act 933 Savannah Beach, Tybee Island; elections, registration of voters; amending charter 593 Soperton; corporate limits changed 174 Statesboro; elections; Recorder's Court, Safety Commission 201 Stone Mountain; territorial extension; election to determine 1284 Sylvester; ad valorem taxes; city limits; registration of voters; amending charter 551 Tallapoosa; public-school taxation 822 Temple; zoning and planning laws authorized; qualifications of Mayor and Councilman 135 Thomaston; tax returns, books, assessors 843 Thunderbolt; authority to convey land to J. A. Cesaroni 842 Trenton; new charter 1068 Valdosta; bonds for public schools 761 Valdosta; commission-manager form of government; amending charter; referendum 917 Valdosta; employee-retirement payments 755 Valdosta; public-school tax 925 Van Wert; charter abolished; referendum 69 Vidalia; Democratic primary elections 115 Vidalia; Mayor and Councilmen, election 108

Page 1845

Vienna; zoning, planning; nuisances; garbage; amending charter 777 Villa Rica; limits extended to include Fullerville and other territory; referendum 1401 Warner Robins; property taxes; amending charter 525 Warrenton; salaries of City officers 724 Waverly Hall; tax for cemetery 784 Waynesboro; territorial extension; amending charter 66 West Point; sales of properties authorized 185 Wrightsville; bonded debt; proposed amendment to Constitution 1261 MUNICIPAL COURTS See City, County, and Municipal Courts. MUNICIPAL HOME RULE LAW 1118 MUSCOGEE COUNTY Board of Health, membership; amending act of 1941 11 Department of Health; combining of County and Columbus departments; proposed amendment to Constitution; resolution 1780 School system; merger of Columbus and County systems; proposed amendment to Constitution; resolution 1768 N NATIONAL SCHOOL LUNCH PROGRAM Resolution memorializing Congress 250 NELSON New charter 208 NEWNAN Retirement of city employees; amending acts 234 Zoning and planning authorized; amending charter 1640 NORRISTOWN Incorporated 929

Page 1846

NOTARIES PUBLIC Method of appointment changed; powers, duties, fees; amending Code Ch. 71-1, 71-2 1108 O OGLETHORPE, CITY COURT OF Abolished; referendum 812 OMEGA Corporate limits extended 205 Property tax of 15 mills; amending charter 1399 OPEN-AIR SHELLS Powers of county officers as to ampitheaters, etc., in counties of 200,000 or more population 685 P PARDON AND PAROLE, STATE BOARD OF Salary and expenses 674 PAVING ASSESSMENTS See Names of cities. Assessments and bonds for street improvements; payment of; amending Code 69-414 and 69-417 1539 PAVO Mayor and Councilmen, elections; amending charter 1096 PENSION AND RETIREMENT ALLOWANCES AND DEATH BENEFITS See Names of cities and counties. City police or fire department members, in counties of more than 200,000 population; transferring to county department; service credit for pensions 1629 Civil service and pension systems, extended to added territory in cities of more than 250,000 population 703 No payments to retirement or pension funds of counties or municipalities during service with armed forces 858 Pension system in cities of more than 150,000 population; amending act of 1927 1635

Page 1847

Pensions authorized for employees of counties of 23,255 to 23,270 population 145 Pensions for policemen and firemen, in counties of more than 200,000 population; amending acts of 1939 and 1945 584 Pensions to fire-department members, in cities of 150,000 population; amending act of 1924 717 Police pensions, in cities of 150,000 population; amending act of 1925 675 Public school teacher retirement system; amending act of 1943 872 Teachers' retirement, salary deductions required; amending Teachers' Retirement Act of 1943 1155 Teachers' retirement system amended; members of system; amending act of 1943 1494 PHARMACY, STATE BOARD OF See State Board of Pharmacy. PHOTOGRAPHIC OR PHOTOSTATIC RECORDING By county officials in counties of 70,000 to 80,000 population 10 By county officials, in counties of not less than 115,000 and not more than 170,000 population 1562 PICKENS COUNTY State Librarian authorized to furnish certain law books to; resolution 1736 PIPE LINES For transporting clay, authorized under State-owned rights of way; State Highway Department to regulate and control 1182 PLANNING AND ZONING See Zoning. POISONS See Drugs. POLICE COURTS See Savannah, Police Court of; and names of cities.

Page 1848

POLICEMEN See Names of cities and counties. Chief of police of County Police Department, in counties of 200,000 or more population 456 City police or fire department members, in counties of more than 200,000 population, transferring to county department; service credit for pensions 1629 Pensions for policemen and firemen, in counties of more than 200,000 population; amending acts of 1939 and 1945 584 Pensions in cities of 150,000 population; amending act of 1925 675 POLK COUNTY Board of Education; merger of Cedartown and County school systems; County School Superintendent; special tax; proposed amendment to Constitution; resolution 1764 POLK COUNTY, CITY COURT OF Jurisdiction over children 687 Juvenile jurisdiction; procedure, pleading and practice; Judge's salary 1245 POULTRY Sulfanilamide sales for livestock and poultry diseases 734 PRIMARY BILL (Vetoed after publication) 23 PUBLIC HEALTH See Department of Public Health; and names of cities and counties. PUBLIC SAFETY DEPARTMENT Composition and compensation of troop; amending act of 1946 1159 PUBLIC SCHOOL SYSTEM See Names of cities and counties. PUBLIC SCHOOLS Condemnation of private property for public-school purposes 1130

Page 1849

County boards of education as courts for school matters; amending Code 32-910 1189 County School Superintendents, classification and compensation; amending Code 32-1006 1169 Power of County Boards of Education to establish school-house districts; amending Code Chapter 32-9 1186 School buses, pupil transportation, drivers' salaries; regulation and administration of funds by State Board of Education; power of County Boards; repealing Code 32-919 1461 PUBLIC SERVICE COMMISSION Salaries of members 673 PUBLIC WORK Bond of contractors for; amending Code 23-1705 475 PULASKI COUNTY Ordinary's bond and compensation 783 Salary of clerk of Commissioners 781 Treasurer; abolishing acts repealed 782 PUTNAM COUNTY Sheriff's compensation 874 Q QUITMAN COUNTY Board of Commissioners; creating acts repealed 770 Commissioner of Roads and Revenues; act creating 771 R RAILROADS Blowpost law; blasts changed; amending Code 94-506 479 Western Atlantic Railroad; relocation because of Etowah River reservoir, Public Service Commission's plans and duties; resolution 1744

Page 1850

RANDOLPH COUNTY Commissioners; road districts; election; amending acts of 1935, 1943, and 1945 132 RECORDERS' COURTS See Names of cities. RECORDING, PHOTOGRAPHIC See Photographic Recording. REFUNDING BOND COMMISSION Act creating 505 REGISTRATION OF VOTERS See Elections; and names of cities and counties. REIDSVILLE New charter 1021 RESOLUTIONS Atlanta, Fulton and DeKalb Counties; revenue-anticipation obligations for grandstands and stadia; amendment to Constitution 1759 Atlanta Northern Railway; acquisition of abandoned right of way; joint committee of General Assembly 1732 Bibb County; retirement system for officers and employees; proposed amendment to Constitution 1752 Changes in approval dates made after publication VI Compensation for automobile injuries by State Patrolman to H. D. Settles, Mrs. Lillian Andrews, Mr. and Mrs. Robert Sparks, and Bruce Sparks 1740 Crisp County; reconveyance of land to 6 DeKalb County, Board of Education; authorizing districts for election, School Superintendent; proposed amendment to Constitution 1753 DeKalb County; Board of Education; levy of school tax; proposed amendment to Constitution 1778 DeKalb County; repair of streets and sidewalks; curbing, water, sewers, assessing and collecting costs; proposed amendment to Constitution 1755 Eugene Talmadge Monument Commission 302 Fire protection; special joint committee of General Assembly to study proposals and handle bills 1730

Page 1851

Fulton County; civil service system, extension of; proposed amendment to Constitution 1776 Fulton County; extending coverage of pension system; proposed amendment to Constitution 1749 Fulton County; garbage disposal, tax assessment, districts; proposed amendment to Constitution 1757 Fulton County; taxicabs and cars for hire, license, tax and regulation outside municipalities; proposed amendment to Constitution 1773 Georgia portion of U. S. Highway No. 1 designated as Blue Star Drive 1733 Georgia-Tennessee boundary; Attorney-General authorized to bring proceedings 1729 Georgia-Tennessee Boundary Commission authorized 1728 Homerville Veterans Home; contributions to by Clinch Commissioners authorized 1733 Lawbooks; State Librarian authorized to furnish to Clarke County 1737 Lawbooks; State Librarian authorized to furnish to Johnson County 1746 Lawbooks; State Librarian authorized to furnish to Pickens County 1736 March of Dimes Week 5 Memorial in Capitol or Capitol grounds to commemorate sacrifices by sons of mothers of Georgia who gave their lives in defense of their country 1734 Memorial plaque for members of Hi-Y and Tri-Hi-Y Clubs who perished in Winecoff Hotel fire 1748 Muscogee County; Board of Health; combining of Columbus and County departments; proposed amendment to Constitution 1780 Muscogee County; merger of Columbus and County school systems; proposed amendment to Constitution 1768 National school lunch program; memorializing Congress 250 Polk County; Board of Education; merger of Cedartown and County school systems; County School Superintendent; special tax; proposed amendment to Constitution 1764 Relocation of Western Atlantic Railroad because of Etowah River reservoir; Public Service Commission's plans and duties 1744 Return of bills from Secretary of State; to Acting Governor 1727

Page 1852

Spalding County; school districts; Board of Education, election, qualifications, terms; County School Superintendent; City of Griffin one district; proposed amendment to Constitution 1761 United Spanish War Veterans Memorial Highway; roads and routes designated 1735 Valdosta State Farmers' Market; lease of land for food processing plant 1738 Veterinary college, location; recommendations to Board of Regents 1745 Waco Military Reservation; purchase by Director of State Parks authorized 1747 RETIREMENT ALLOWANCES See Pension and Retirement Allowances and Death Benefits. REVENUE CERTIFICATES See Names of cities. Atlanta, revenue certificates for water works, sanitation; proposed amendment to Constitution 664 RICHMOND COUNTY Commissioners' clerk; duties, salary; amending acts 225 Public school system; new act; repealing acts of 1874, 1877, 1888, 1907, 1914, 1924, 1925, 1927, 1929, 1937, and 1945; referendum 145 RICHMOND COUNTY REFORMATORY INSTITUTE Acts repealed; transfer of property to State authorized 969 ROCKDALE COUNTY Commissioner; powers as to airports 683 Commissioner's salary 671 Tax Commissioner; commission on excess taxes collected 672 ROME Authority to incur additional indebtedness; amending charter 811 ROSSVILLE New charter; referendum 1300

Page 1853

S SAFETY LAW, GEORGIA BUILDING 1452 SAVANNAH Group insurance for employees 934 Pensions; years of service before pension, pension contributions, re-employment, termination; amending act of 1945 935 Personnel Board created 938 Savannah River Bridge Commission created; amending charter 497 SAVANNAH BEACH, TYBEE ISLAND Elections, registration of voters; amending charter 593 SAVANNAH, CITY COURT OF Abolished; referendum 1101 SAVANNAH, MUNICIPAL COURT OF Amendments 970 SAVANNAH, POLICE COURT OF Sentences, suspension, vacation, reduction of fines; amending act 933 SAVANNAH RIVER BRIDGE COMMISSION Creating act 497 SCHLEY COUNTY Tax Commissioner's salary 808 SCHOOLS See Education; Public Schools. SECRETARY OF STATE Salary 673 SECURITY DEEDS See Bills of Sale to Secure Debt; Mortgages.

Page 1854

SETTLES, H. D. Compensation for injuries to automobile by State Patrolman; resolution 1740 SNOW, WILLIAM A. Sale of land to, by City of Macon 658 SOLICITORS-GENERAL Atlanta Circuit; salary 581 Chattahoochee Circuit; compensation; Solicitor's clerk 137 Criminal Court of Fulton County; salaries of Solicitor, Assistant and Deputy Solicitors 614 Stone Mountain Circuit; salary 764 SOPERTON Corporate limits changed 174 SPALDING COUNTY School districts; Board of Education, election, qualifications, terms; County School Superintendent; City of Griffin one district; proposed amendment to Constitution; resolution 1761 SPANISH WAR VETERANS MEMORIAL HIGHWAY Roads and routes designated; resolution 1735 SPARKS, MR. AND MRS. ROBERT, AND BRUCE Compensation for injuries by State Patrolman; resolution 1740 STADIA Stadium authority established in counties of 300,000 and over population 622 STATE AUDITOR Salary; amending Code 40-1802 670 STATE BOARD OF PARDON AND PAROLE Salary and travel expenses of members 674

Page 1855

STATE BOARD OF PHARMACY Drugs, rules and regulations; refusal or revocation of licenses to sell; compounding and selling by physicians, dentists and veterinarians; registration of pharmacists; agricultural poisons; amending Code 84-1309, 84-1312, 84-1316, 84-1317, 84-1318, 84-1319, 84-9920 1471 STATE BOARD OF EDUCATION Authority as to control of funds for vocational education; amending act of 1943 1161 Public Schools, school buses, pupil transportation; drivers' salaries; regulation and administration of funds by State Board; power of County Boards; repealing Code 32-919 1461 STATE COMMISSIONER OF AGRICULTURE Salary 673 STATE COMMISSIONER OF LABOR Salary 673 STATE DIRECTOR OF ENTOMOLOGY Salary 780 STATE HIGHWAY DEPARTMENT Counties and State Highway Department granted authority to make surveys for road purposes across lands of property owners 984 Pipe lines for transporting clay authorized under Stateowned rights of way; State Highway Department to regulate and control 1182 Reimbursement to counties for expenditures, rights of way when location not used for three years 1186 STATE LIBRARY Amending Code 101-101101-108; repealing 101-302 and 101-303; Librarian's salary 1166 Law books; State Librarian authorized to furnish to Clarke County; resolution 1737 Law books; State Librarian authorized to furnish to Johnson County; resolution 1746

Page 1856

Law books; State Librarian authorized to furnish to Pickens County; resolution 1736 Notaries public; method of appointment changed 1108 STATE SUPERINTENDENT OF BANKS Salary of Superintendent and Assistant Superintendent 673 STATE SUPERINTENDENT OF SCHOOLS Salary 673 STATE TREASURER Salary 673 STATESBORO Elections; Recorder's Court; Safety Commission 201 STATESBORO, CITY COURT OF Judge's salary 274 Solicitor's salary 307 STONE MOUNTAIN Territorial extension, election to determine 1284 STONE MOUNTAIN CIRCUIT Court Reporter's fees 737 Solicitor-General's salary 764 STREET IMPROVEMENTS Assessments and bonds for street improvements, payment; amending Code 69-414 and 69-417 1539 STREET RAILROAD COMPANIES Electric street railroad companies owning hydro-electric plants, sale of properties; amending act of 1945 495 SULFANILAMIDE Sales for livestock and poultry diseases 734 SUPERIOR COURTS Brantley County; terms 721

Page 1857

Calendar 1785 Charge to veterans for recording discharge certificates prohibited; amending Code 24-2727 1177 Chatham County; terms 790 Terms beginning January 1, 1948 1107 Eastern Judicial Circuit; additional judge, terms, juries, officers 1104 Fines and forfeitures; distribution, disbursement, in counties of 9,827 to 9,832 population 9 Fines and forfeitures; distribution, in counties of not less than 11,303 and not more than 11,321 population 206 Judges and Solicitors-General 1785 Middle Judicial Circuit; Court Reporter's salary 1542 Montgomery County; disposition of fines and forfeitures 531 Salary of Clerk of Superior Court, in counties of not less than 115,000 and not more than 170,000 population; amending act of 1933 1644 Salary of Deputy Clerk, in counties of not less than 10,230 and 10,240 population 821 Stone Mountain Circuit; Court Reporter's fees 737 Solicitor-General's salary 764 Telfair County; fines and forfeitures 526 Wilkinson County; terms 667 SUPREME COURT Personnel 1784 Salary of Deputy Clerk 686 SURETY BONDS Official bonds of county officials to be signed by surety or guaranty company 1543 SYLVESTER Ad valorem taxes; city limits; registration of voters; amending charter 551 T TALBOT COUNTY Meriwether, Harris and Talbot Planning District, Warm Springs Memorial Area 1011

Page 1858

TALLAPOOSA Public-school taxation; amending act of 1937 822 TALMADGE, EUGENE Eugene Talmadge Monument Commission; resolution establishing 302 TATTNALL COUNTY Offices of Tax Receiver and Tax Collector abolished; office of Tax Commissioner created 1573 TAX COMMISSIONERS See Counties and County Matters; and names of counties. TAX LAW Tax Law Revision Committee of General Assembly; resolution 1741 TAXATION See Counties and County Matters; and names of cities and counties. County Commissioners authorized to tax fortune-telling, clairvoyance, palmistry, etc., outside limits of corporations; amending General Tax Act of 1935 1136 Exemptions for non-profit hospitals; amending act of 1945 1183 Investment of tax funds, County Department of Public Welfare; amending Code 92-3715 809 Motor-fuel tax, refunds; Code 92-1407E added 1115 TAXICABS License fees and rules for taxicabs, etc., in counties of 300,000 or more population 704 License, tax and regulation outside municipalities in Fulton County; proposed amendment to Constitution; resolution 1773 TEACHERS Examination by County School Superintendent; suspension, appeal; amending Code 32-1010 1189

Page 1859

Fulton County; pension and retirement pay to teachers and employees of Board of Education; amending act of 1945 535 Public school teacher retirement system; amending act of 1943 872 Retirement; salary deductions required; amending Teachers' Retirement Act of 1943 1155 Retirement system amended; members of system; amending act of 1943 1494 TELFAIR COUNTY Salary of Commissioner's clerk 1631 TELFAIR SUPERIOR COURT Fines and forfeitures 526 TEMPLE Zoning and planning laws authorized; qualifications of Mayor and Councilman 135 TENNESSEE-GEORGIA BOUNDARY Attorney-General authorized to bring proceedings; resolution 1729 Georgia-Tennessee Boundary Commission; resolution authorizing 1728 THOMASTON Tax returns, books, assessors 843 THUNDERBOLT Authority to convey land to J. A. Cesaroni 842 TIFT COUNTY Board of Commissioners; compensation changed 303 Hospital Board created for Tift County Hospital 139 TREASURER, STATE Salary 673 TRENTON New charter 1068

Page 1860

TRI-HI-Y CLUB Memorial plaque for members of Hi-Y and Tri-Hi-Y Clubs who perished in Winecoff Hotel fire; resolution 1748 TRUST COMPANIES Board of trustees, executive committee; amending Code 109-103 476 Board of directors of banks with trust powers; executive committee; amending Code 109-406 481 TRUST FUNDS Common trust funds; investment amounts increased; amending act of 1943 478 TURKEYS, WILD Wild deer or turkey hunting in Turner and Worth Counties prohibited for 5 years 1643 TURNER COUNTY Wild deer or turkey hunting in Turner and Worth Counties prohibited for 5 years 1643 U UNEMPLOYMENT COMPENSATION LAW Amendments; Annotated Code, Ch. 54-6 651 UNION COUNTY Offices of Tax Collector and Tax Receiver abolished; office of Tax Director established 1233 UNITED SPANISH WAR VETERANS MEMORIAL HIGHWAY Roads and routes designated; resolution 1735 V VALDOSTA Bonds for public schools 761

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Commission-manager form of government; amending charter; referendum 917 Employee-retirement payments 755 Public-school tax 925 VALDOSTA STATE FARMERS' MARKET Lease of land for food-processing plant; resolution 1738 VAN WERT Charter abolished; referendum 69 VETERANS Discharge certificates, clerks of superior courts prohibited from charging for recording; amending Code 24-2727 1177 Exemptions from licenses; amending act of 1943 1163 Homerville Veterans Home; contributions to, by Clinch Commissioners authorized; resolution 1733 No payments to retirement or pension funds of counties or municipalities during service with armed forces 858 Quarters and services; counties, cities and other political subdivisions authorized to furnish to veterans' organizations and auxiliaries 1181 United Spanish War Veterans Memorial Highway; roads and routes designated; resolution 1735 Veterans and blind persons authorized to peddle or conduct business without license; amending Code 84-2011 1151 Veterans' Education Council established 1143 VETERINARY COLLEGE Location; recommendations to Board of Regents; resolution 1745 VIDALIA Democratic primary elections 115 Mayor and Councilmen; election 108 VIENNA Zoning, planning; nuisances, garbage; amending charter 777

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VILLA RICA Limits extended to include Fullerville and other territory; referendum 1401 VOCATIONAL EDUCATION Authority of State Board of Education as to control of funds; amending act of 1943 1161 VOTERS, REGISTRATION See Elections. VOTING MACHINES Voting machines and elections, in cities of not less than 95,000 and not more than 200,000 population 791 Voting machines and elections, in counties of not less than 100,000 and not more than 300,000 population 1203 W WACO MILITARY RESERVATION Purchase by Director of State Parks authorized; resolution 1747 WAGES Payment to wife of insane person 306 WARM SPRINGS MEMORIAL AREA Meriwether, Harris, and Talbot Planning District, Warm Springs Memorial Area 1010 WARNER ROBINS Property taxes; amending charter 525 WARRENTON Salaries of City officers 724 WAVERLY HALL Tax for cemetery 784 WAYNESBORO Territorial extension; amending charter 66

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WEST POINT Sales of properties authorized 185 WESTERN ATLANTIC RAILROAD Relocation because of Etowah River reservoir, Public Service Commission's plans and duties; resolution 1744 WHITE PRIMARY BILL (Vetoed after publication) 23 WILCOX COUNTY Commissioners; elections 786 Tax Commissioner; creating act 509 WILKINSON SUPERIOR COURT Terms of 667 WINE MAKING, SELLING, AND POSSESSION County elections as to sale; wineries, permits for, under rules and regulations of Commissioner of Agriculture; amending act of 1935 1178 Possession of malt beverages and wines prohibited, in counties of not more than 7,044 and not less than 7,040 population; referendum 820 WITNESSES See Evidence. WORTH COUNTY Wild deer or turkey hunting in Turner and Worth Counties prohibited for 5 years 1643 WRIGHTSVILLE Bonded debt; proposed amendment to Constitution 1261 Y YEAR'S SUPPORT Appraisement, property in county other than that of application; record of return; amending Code Ch. 113-10 866

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Z ZONING See Names of cities and counties. Fulton and DeKalb Metropolitan Planning District and Commission created 849 Zoning and planning commission and board of zoning appeals, created in counties of 81,000 to 82,000 population 78