Acts and resolutions of the General Assembly of the state of Georgia 1950 session [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: FOOTE DAVIES, INC. 19500000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1950 SESSION 19500000 Compiled and Published by Authority of the State

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PRESS OF FOOTE DAVIES, INC. ATLANTA, GA.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1950 SESSION MOTOR FUEL TAX LAWREFUNDSGASOLINE USED FOR WATER CRAFT. Code 92-1403 amended. No. 511 (House Bill No. 172). An Act to amend an Act known as the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207 as amended) Section 92-1403, by adding a new subsection (1) to provide for refund of tax paid on gasoline when used solely for the propulsion of watercraft and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 92-1403 of the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) is hereby amended by adding a new subsection to be designated as subsection (2) and to read as follows: Code 92-1403 amended.

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92-1403Levy of tax and exemptions. (2) Any person, who shall purchase gasoline in quantities of twenty-five (25) gallons or more at any time, and use said gasoline in operating watercraft upon navigable waters, no part of which is used in any vehicle or equipment driven or operated upon the public roads, streets, or highways of this State, shall be entitled to a refund of all of the State tax on such gasoline except one cent (1) per gallon, 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 using motor fuel as hereinabove set forth in the subsection. Refunds. (a) Any person who shall be entitled to a refund of the tax with respect to any gasoline under the provisions of this subsection shall be reimbursed to the extent of the amount of the tax paid except one cent (1) per gallon on such gasoline in the following manner and subject to the following conditions: Manner and conditions of reimbursement. (1) All applications for refunds must be filed with the Commissioner of Revenue within six (6) months from the date of purchase of the gasoline with respect to which refund is claimed. Applications. Filing. (2) Such applications shall be in such form as shall be prescribed by the Commissioner of Revenue, shall be sworn to, and shall state the total quantity of gasoline purchased by the applicant during the period for which refund claim is made, the date of each purchase and from whom purchased, also, the quantity of gasoline on hand at the beginning and the quantity of gasoline on hand at the end of the period for which refund is claimed. The application shall show the quantity of gasoline used in the boats or equipment listed in the user's application for permit, the quantity of gasoline used on which refund is claimed and the quantity of gasoline used on which no refund claim is made, and such other information as the Commissioner of Revenue shall require. Contents. (3) Such application shall be accompanied by the invoices showing such purchase. (4) Refund shall be allowed only for tax paid on gasoline when purchased in quantities of twenty-five (25) gallons or more at any

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one time, and used in propelling watercraft and equipment listed by the vendee in his application for permit, or a sworn supplement thereto, such machinery or equipment having been used exclusively by the applicant in propelling watercraft owned, leased, or operated by the person using such equipment. If the Commissioner of Revenue, after such investigation as he deems necessary, shall be satisfied that the application for a vendee's refund permit has been made in good faith and that applicant has complied with the requirements of this subsection, the Commissioner of Revenue shall issue a vendee's refund permit to the applicant, privileging him to make application, in accordance with the requirements of this subsection, for refund of a portion of the tax as herein provided. Whenever there is any change in the facts stated in the application for such permit, the holder of such permit shall promptly notify the Commissioner of Revenue of such change and the Commissioner of Revenue may thereupon issue to the holder an amended permit, or suspend or revoke such permit, if in the judgment of the Commissioner of Revenue the facts constitute just cause therefor. The Commissioner of Revenue shall keep a permanent record of all permits issued and a cumulative record of the amount of refund claimed and paid to each claimant. Refund permits. (5) Such application shall contain a statement signed by the applicant that no part of the gasoline upon which he applies for refund was sold by the applicant or permitted by the applicant to be sold and that no part was used or permitted to be used for propelling a vehicle on the public highways. (6) If, in the opinion of the Commissioner of Revenue, any application for refund filed by an applicant shall contain a false statement, or if the applicant is indebted to the State because of any tax refund which has been erroneously paid to him, the Commissioner of Revenue shall decline to approve the claim for refund until said applicant has complied with the law and removed the delinquency, whereupon said applicant shall be paid his claim for refund of gasoline taxes as prescribed in this subsection if the Commissioner of Revenue finds that he is justly entitled thereto. Grounds for refusal of permits. (b) 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

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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. Warrants for payment. (c) Any person who shall falsely swear to a refund application, information statement, or any sworn statement made in connection with the procurement of refund of gasoline tax, knowing that any statement contained therein is false, or any person who shall claim refund for tax paid on gasoline used for the purpose of generating power for propulsion of motor vehicles on the public highways shall be subject to the penalties provided in Section 92-9905, Subsection (B) of the Motor Fuel Tax Law (Georgia Laws 1937, page 205, renumbered in the Code of Georgia Annotated as Section 92-9924.) Penalties for false swearing. (d) The Commissioner of Revenue shall make such rules and regulations, not inconsistent with the provisions of this subsection as are necessary and proper for the enforcement of this subsection. Such rules and regulations, shall have the force of law and shall be observed by all users seeking the benefits of this subsection. Regulations. (2) In the event the Commissioner of Revenue concludes that any user has willfully violated the terms of this subsection, or willfully failed to observe any of the rules and regulations adopted by the Commissioner of Revenue for the administration of this subsection, the Commissioner may in his discretion suspend the right of such person to participate in the benefits of this subsection for a term of not more than one year. Suspension for violation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act shall become effective upon the first day of March following the date of its approval by the Governor of the State of Georgia. Date effective. Approved January 25, 1950.

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ST. PAUL'S CHURCH, AUGUSTABICENTENNIAL COMMISSION. No. 41 (House Resolution No. 165). A RESOLUTION. Joint resolution of the Senate and the House of Representatives of the General Assembly of the State of Georgia providing for appropriate observance of the two-hundreth anniversary of the founding of the Episcopal church in Augusta called St. Paul's Church. Whereas, during the year 1950 there will be celebrated the two-hundredth anniversary of the founding of the Episcopal church in Augusta called St. Paul's Church; and Preamble. Whereas, shortly after the establishment at the head of navigation on the Savannah River of Fort Augusta by General Oglethorpe the God-loving people living in the vicinity of the fort, feeling the need of corporate worship and spiritual guidance, did establish in 1750 a church known as St. Paul's Church and did erect under the apron of the fort a church building and were furnished with a minister of the Gospel and a library by the Society for the Propagation of the Gospel in Foreign Parts having its headquarters in London, England; and Whereas, St. Paul's Church in Augusta did for a long number of years provide for the people of Augusta and vicinity the only place of worship as well as spiritual guidance, a library and other cultural facilities; and Whereas, said church was during its early years closely identified and associated with the government of the State of Georgia in that during the time when Augusta was the State capital and the legislature of the State met in Augusta, the predecessors of this General Assembly did as a matter of record worship from time to time both individually and as a body at said church, which was chartered by the General Assembly in the year 1819; and Whereas, for two hundred years the contributions of the Episcopal church in Augusta called St. Paul's Church to the community of Augusta and the State of Georgia have been great, and said institution has served the State of Georgia during that

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time in furnishing a place of worship and spiritual inspiration and guidance to a large number of its citizens and thus promoted and helped to maintain the ideals upon which this State was founded: Now, therefore, be it resolved by the Senate and the House of Representatives of the State of Georgia assembled, that: Section 1. The Government and the people of the State of Georgia unite with the Episcopal church in Augusta called St. Paul's Church in appropriate observance of the church's two-hundreth anniversary. Section 2. There is hereby established a commission to be known as the Georgia St. Paul's Episcopal Church in Augusta Bicentennial Commission (hereinafter referred to as the Commission) to be composed of nine (9) commissioners as follows: The Governor of Georgia and two (2) persons to be appointed by him, the President of the Senate and two (2) members of the Senate to be appointed by said President, and the Speaker of the House of Representatives and two (2) members of the House to be appointed by said Speaker. Bicentennial Commission. Members. Section 3. The Commission, on behalf of the State of Georgia, shall cooperate with representatives of the Episcopal church of Augusta called St. Paul's Church and the City of Augusta, Georgia, in appropriate observance of this anniversary and extend appropriate courtesies to the representatives and delegates of foreign churches and other bodies or individuals attending the celebration as guests of the church. Duties. Section 4. The members of the Commission shall serve without compensation and shall select a chairman from among their number, but the Governor of the State of Georgia shall be designated as the honorary chairman of the Commission. Section 5. Any vacancies occurring in the membership of the Commission shall be filled in the same manner in which original appointments to such Commission are made, with the term of each commissioner to run concurrently with this bicentennial year of 1950 and to terminate at the end thereof. Vacancies. Approved January 25, 1950.

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DEPARTMENT OF LABOREMPLOYEESBOARDS OF ARBITRATION. No. 512 (House Bill No. 435). An Act to amend an Act approved March 25, 1937 (Georgia Laws 1937, p. 230, et seq.), which established the Department of Labor, and authorized the setting up of divisions within the department, the appointment of employees, the removal any such employee upon notice and hearing, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved March 25, 1937 (Georgia Laws 1937, p. 230, et seq.), which established the Department of Labor, be, and the same is, hereby amended in the following respects, namely: Sec. 8 Act of 1937, amended. Section 2. By striking Section 8 of said Act and substituting, in lieu thereof, the following section, namely: Section 8 (a) The Commissioner of Labor may set up within the Department of Labor such divisions or bureaus as he may deem necessary for the exercise of the powers and the performance of the duties of the department, except as otherwise provided. Divisions and bureaus. (b) The Commissioner is authorized and empowered to appoint a secretary, the heads of all divisions or bureaus and such other employees as may be needed, and to assign them their duties and fix their annual salaries. Provided, however, that no appointment shall be made whereby the aggregate salaries of the appointees are in excess of the amount appropriated by the legislature for salaries within the Department of Labor. The Commissioner may remove from office any officer or employee in the department upon notice and hearing, for neglect of duty or malfeasance in office. Provided, however, that it shall be understood that the Commissioner of Labor is not authorized and empowered to appoint a Secretary and Treasurer of the Industrial Board nor shall he exercise any authority over the personnel of the Industrial Board and shall not be authorized in any circumstance to remove from office any officer or employee of the Industrial Board upon any ground whatsoever, his authority with the Industrial Board shall be advisory only. Employees. Industrial Board. Section 3. By striking from the second sentence of Subsection (e) of Section 9 of said Act the words and figures $7.00 per day

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and inserting, in lieu thereof, the words $15.00 per day so that said second sentence, when so amended, shall read as follows, namely: Sec. 9 amended. In pursuance of this duty, the Commissioner may appoint temporary boards of arbitration, provide necessary expenses of such boards, order reasonable compensation not exceeding $15.00 per day for each member engaged in such arbitration, prescribe rules for such arbitration boards, conduct investigations and hearings, publish reports and advertisements, and may do all things convenient and necessary to accomplish the purpose of the Act. Arbitrations boards. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved January 26, 1950. INSURANCE COMPANIESCAPITAL STOCK. Code 56-1307 repealed; 56-1308 amended. No. 513 (House Bill No. 462). An Act repealing Section 56-1307 of the Code of 1933 which permits the organization of insurance companies for the purpose of writing industrial life, health or accident insurance with a minimum capital stock of $25,000, and which prohibits said companies from writing ordinary life insurance or from issuing policies exceeding the amount of $500; to prohibit the organization of such companies with a capital stock of less than $100,000; to require such companies now having less than $100,000 capital stock to increase the same to $100,000 by January 1, 1954 and to empower them to write ordinary life insurance; to amend Section 56-1308 of the Code of 1933 which relates to the manner in which mutual industrial life, health or accident insurance companies may become stock companies, so as to require said companies to have $100,000 of capital stock instead of $25,000, as now provided by said section; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows:

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Section 1. That Section 56-1307, of the Code of 1933 which is as follows: Code 56-1307 repealed. Incorporation of companies; capital stock; rights and powers. Stock companies or corporations for the purpose of doing an industrial life, health or accident insurance business or for the purpose of doing any of said businesses, may be created under the laws of this State, with a minimum capital stock of $25,000: Provided, that the petitioners for such charter shall comply with the laws applicable to the incorporation of insurance companies as set out in Section 56-207 et seq., except that the minimum capital stock may be $25,000 and that said company so organized may engage in any or all branches of said business without increasing its capital stock, and it shall have all the powers, rights and privileges conferred upon life insurance companies under the aforementioned sections, except that it shall not be authorized to write ordinary life insurance, nor shall it be permitted to write any policy whatever exceeding the amount of $500. (Acts 1912, pp. 119, 126.), is hereby repealed. Section 2. Be it further enacted, that no stock insurance company shall hereafter be organized in this State for the purpose of doing an industrial life, health or accident insurance business or any of said businesses with less than a paid up capital stock of $100,000. Requisite capital stock. Section 3. Be it further enacted, that any insurance company now organized or chartered under the laws of Georgia for the purpose of doing any of the businesses mentioned in the next previous section and having less than $100,000 paid up capital stock, may engage in any or all of the branches of said businesses without increasing its capital stock until January 1, 1954, after which it shall be unlawful for it to continue business in the State without the amount of paid up capital stock herein required. Existing companies. Section 4. Be it further enacted, that any stock insurance company organized under the laws of this State for the purpose of writing industrial life, health or accident insurance shall be authorized to write ordinary life insurance, and other forms of insurance usually written by ordinary life companies, whenever its paid up capital stock amounts to $100,000 and whenever it has complied with the laws applicable to the incorporation of such companies. Life insurance policies.

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Section 5. Be it further enacted, that Section 56-1308 of the Code of 1933, which sets forth the manner in which mutual industrial life, health or accident insurance companies may become a stock company, is hereby amended by striking the figures $25,000, as appears in line six of said section, and inserting in place thereof the figures $100,000, so that said section when thus amended shall read as follows: Code 56-1308 amended. Mutual companies may become stock companies.Any mutual industrial life, health or accident insurance company may become a stock company by filing a certificate with the Secretary of State, showing that three-fourths of its outstanding policy-holders have voted in lawful meeting assembled to become a stock company, and that the capital of said company is fixed at not less than $100,000, and that the other requirements of the laws in this behalf have been complied with: Provided, however, that no publication or petition for charter shall be required in such instance, except as is hereinafter provided. Policy-holders in mutual companies may vote by proxy at meetings held for the aforementioned purpose. Said stock company when organized as aforesaid shall have the same power and authority as though it had been originally organized as a stock corporation. (Acts 1912, pp. 119, 128.). Mutual companies may become stock companies. Section 6. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 26, 1950. INSURANCE. Code 56-233, 56-319, 56-321, 56-408, 56-409 repealed. No. 514 (House Bill No. 312). To be entitled an Act to expressly repeal Sections 56-233, 56-319, 56-321, 56-408 and 56-409 of the Code of 1933, relating to insurance, insurance companies and the agents thereof. Whereas the sections of the Code of 1933 herein set forth have either been repealed by implication by later statutes, or contain matter duplicated in other statutes, or have been declared

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unconstitutional and their remaining in the Code but serves to produce confusion and doubt as to the true meaning of the insurance laws, therefore Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, Section 1. That Section 56-233, 56-319, 56-321, 56-408 and 56-409, which are respectively as follows: 56-233. Fees to be paid; annual report; tax on gross receipts.There shall be paid to the Insurance Commissioner by each corporation or association authorized to do business the same fees as required by Section 56-506, together with all such subsequent fees as are prescribed under said section. In addition to the foregoing fees, every such corporation or association shall, on or before the first day of July of each year, report under oath of its president and secretary, or other like officers, to the Insurance Commissioner the gross amount received on business done in this State during the year ending the 30th of April next preceding, and shall at the same time pay into the treasury of this State a tax of $1.50 upon each $100 of such gross amount so received by said association or corporation. If such corporation or association shall at any time be the owner of any real or personal property situated in this State, such property shall not be exempt from taxation by reason of the provisions of this section. 56-319. Annual increases until deposit aggregates required amount. Every life insurance company, including industrial life insurance companies, authorized to transact the business of life insurance, whose deposit is less than $100,000, shall annually, on or before the 31st day of December of each year, increase its deposit in an amount, not less than 10 per cent of the amount of deposit which it is required to have under existing laws, until such deposit aggregates not less than $100,000. 56-321. Industrial life, accident, or health insurance companies. Before being authorized to do business in this State industrial life, accident, or health insurance companies shall deposit with the Treasurer of this State an amount equal to 60 per cent. of its capital stock, consisting of United States, State, county, or municipal bonds.

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56-408. Revocation of license of company removing cause to Federal court. If any foreign fire, life, accident, fidelity, guaranty, or other insurance company doing business in this State shall, without the consent of the other party to any suit or proceeding brought against it in any court of this State, remove said suit or proceeding to any Federal court, the Insurance Commissioner shall forthwith revoke all authority to such company and its agents to do business in this State, and publish such revocation in some newspaper of general circulation published in this State. 56-409. Renewal of license forfeited under preceding section. When a license shall be forfeited as provided in the foregoing section, said license may be renewed by the Insurance Commissioner upon terms to be prescribed by him: Provided, such license shall not be renewed in less than two years from the date of its forfeiture. Be and the same are hereby repealed. Approved January 26, 1950. INSANE PERSONSCOMMISSION TO EXAMINE. Code 49-604 amended. No. 515 (House Bill No. 325). An Act to amend the Code of Georgia of 1933, Section 49-604, pertaining to commissions to examine persons for whom guardianship for commitment to the Milledgeville State Hospital is sought, by striking from said Code section the following words: and affidavit is made by any one of said relatives or other person that such person is violently insane and is likely to do himself bodily injury, and where the truth of such affidavit has been verified in writing by a practicing physician appointed by the ordinary to examine such person; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act: Section 1. The Code of Georgia of 1933, Section 49-604 pertaining to commissions to examine persons for whom guardianship

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is sought, is hereby amended by striking from said Code Section the following language: and affidavit is made by any one of said relatives or other person that such person is violently insane and is likely to do himself bodily injury, and where the truth of such affidavit has been verified in writing by a practicing physician appointed by the ordinary to examine such person, so that said section as amended shall read: Code 49-604 amended. Upon the petition of any person, on oath, setting forth that another is liable to have a guardian appointed (or is subject to be committed to the Milledgeville State Hospital), and upon proof that 10 days' notice of such application has been given to the three nearest adult relatives of such person, or that there is no such relative within the State, or where such notice is waived in writing by such relatives, the ordinary shall issue a commission directed to three reputable persons, two of whom shall be practicing medical physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in case of disqualification of the county attorney, an attorney appointed by the ordinary of the county), or the solicitor of any city court located in said county, and, if no county attorney or solicitor of said city court, the solicitor-general of the circuit or some attorney of the county appointed by him, requiring them to examine by inspecting the person for whom guardianship or commitment to the Hospital is sought, and to hear and examine witnesses on oath, if necessary, as to his condition and capacity to manage his estate, and to make return of such examination and inquiry to the said ordinary, specifying in such returns under which such classes they find said person to come. Such commission shall be sworn by any officer of this State, authorized by the laws of this State to administer an oath, well and truly to execute such commission to the best of their skill and ability, which oath shall be returned with their verdict. No guardian shall be appointed for the estate of such person, nor shall such person be committed to the Hospital, without the unanimous verdict of such commission. New section. Commission to examine. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved January 26, 1950.

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INCOME TAXESVETERANS' DEDUCTIONS. Code 92-3109 amended. No. 516 (House Bill No. 286). An Act to amend Section 92-3109 of the Code of Georgia, 1933 as amended by Section 7 of the Act approved December 29, 1937 (Ga. Laws 1937-38, Extraordinary Session, pages 150-154-5), by providing for certain deductions from gross income of Federal income taxes accrued and paid by veterans of the war commonly referred to as World War II; and by providing the manner and time within which said veterans may deduct from gross income in the State of Georgia income tax returns for war years, the amount of Federal income taxes shown to be due year by year; to repeal conflicting laws; to provide for refund of taxes paid by veterans not in accordance with the provisions of this Act; to provide for the appropriation of sufficient sums to refund taxes collected not in accordance with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: That Section 7 of the Act approved December 29, 1937 (Ga. Laws, 1937-38, Extraordinary Session, pages 150, 154-5); and as contained in Section 92-3109, Subsection (c) of the Code of Georgia of 1933 as amended, be and the same is hereby amended by adding thereto the following proviso: Code 92-3109 amended. Provided, however, that if the taxpayer is a veteran of World War II and by virtue of his service with the armed forces of the United States he was unable to file or did not file a State income tax return for any year while in the service, he may upon filing such return or returns at any time while in the service, or within six months after his discharge therefrom, in computing net taxable income in the State income tax returns, deduct from gross income year by year the amount of Federal income taxes accrued and shown to be due, whether paid or not within such year, provided such Federal income taxes are actually paid within the time prescribed by the Federal law for such payment; and provided further that where any such veteran taxpayer has, prior to the date of enactment of this Act paid State income taxes on income for the war years 1942, 1943, 1944, 1945 and 1946 without the benefit of the deduction of Federal income taxes hereby allowed

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year by year, he shall be credited or refunded the tax so paid if claim therefor is filed with the Department of Revenue of the State of Georgia within twelve months from the enactment of this Act, or within twelve months from the date of last payment as prescribed by the Federal law, whichever is later. so that said section as amended shall read as follows: Section 7. That Title 92 (Public Revenue), Division 1 (Source of Revenue), Part IX (Income Taxes) Chapter 92-31 (Imposition, rate and computation of tax exemptions) of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, and as further amended by the Act approved March 30, 1937, relating to the State tax on incomes, be and the same is hereby amended by striking from section 92-3109 (Deductions from gross income), Paragraph (c) which permits the deduction of certain taxes, and inserting in lieu thereof the following: (c) Taxes.Effective January 1, 1938, taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes and taxes assessed for local benefits of a kind tending to increase the value of the property assessed: Provided, however, that the taxpayer may only deduct from gross income the amount of Federal income taxes shown to be due and actually paid during the immediate preceding taxable year on the return filed by said taxpayer in such preceding taxable year, and, provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the income taxable by the State of Georgia bears to the entire income taxable by the Federal Government. Provided, however, that if the taxpayer is a veteran of World War II, and by virtue of his service with the armed forces of the United States he was unable to file or did not file a State income tax return for any year while in the service, he may upon filing such return or returns at any time while in the service, or within six months after his discharge therefrom, in computing net taxable income in the State income tax returns, deduct from gross income year by year, the amount of Federal income taxes accrued and shown to be due, whether paid or not within such year, provided such Federal income taxes are actually paid

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within the time prescribed by the Federal law for such payment; and provided further that where any such veteran taxpayer has, prior to the date of the enactment of this Act paid State income taxes on income for the war years 1942, 1943, 1944, 1945 and 1946 without the benefit of the deduction of Federal income taxes hereby allowed year by year, he shall be credited or refunded the tax so paid if claim therefor is filed with the Department of Revenue of the State of Georgia within twelve months from the enactment of this Act, or within twelve months from the date of last payment as prescribed by the Federal law, whichever is later. New subsection (c). Veterans' deductions of Federal tax. Section 2. And be it further enacted by the authority aforesaid that the sum of ten thousand dollars ($10,000) or so much thereof as may be necessary be appropriated annually for refund of income taxes collected not in accordance with this Act, which shall be drawn from the treasury on warrants of the Governor issued upon itemized requisition showing in each instance the person to whom the refund is to be made, the amount thereof, and the reason therefor. Appropriations. Refund warrants. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved January 26, 1950. BANKSPURCHASE OF STOCKS AND INVESTMENT SECURITIES. Code 13-2023 amended. No. 518 (House Bill No. 241). An Act to amend Section 13-2023 of the Code of Georgia of 1933 as the same has been heretofore amended, relating to the purchase by a bank of stocks and the buying and selling of investment securities, by striking therefrom the period at the end of the language guaranteed as to principal and interest by the United States Government, and by inserting in lieu thereof a colon, followed by the following language, to wit: Provided, further, that the total amount of obligations of any one political subdivision of the State of Georgia shall at

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no time exceed 50 per cent. of the capital and unimpaired surplus, and shall consist only of general obligations of such political subdivision., so as to provide that a bank may purchase and hold general obligations only, of any one political subdivision of the State of Georgia to the extent of, but not in excess of, 50 per cent. of such bank's capital and unimpaired surplus, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 13-2023 of the Code of Georgia of 1933, as heretofore amended, is hereby amended by striking therefrom the period at the end of the language guaranteed as to principal and interest by the United States Government, and by inserting in lieu thereof a colon, followed by the following language, to wit: Provided, further, that the total amount of obligations of any one political subdivision of the State of Georgia shall at no time exceed 50 per cent. of the capital and unimpaired surplus, and shall consist only of general obligations of such political subdivision., so that said section, as hereby amended, shall read as follows: Code 13-2023 amended. 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 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

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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: Provided, further, that the total amount of obligations of any one political subdivision of the State of Georgia shall at no time exceed 50 per cent. of the capital and unimpaired surplus, and shall consist only of general obligations of such political subdivision. Nothing in this section is to be construed as applying to savings banks doing a savings business only: Provided, that this section shall not apply to securities, actually owned January 1, 1920: Provided, further, that any bank may subscribe for or purchase stock in an agricultural credit corporation duly organized under the laws of this State having authority to make loans to the farmers of this State for agricultural purposes and to rediscount the same with the Intermediate Credit Bank of Columbia, but no bank shall subscribe for or purchase stock in more than one such corporation, nor invest therein more than 10 per centum of its capital, and no such subscription or purchase shall be made until first approved by the Superintendent of Banks. Purchase of stocks and investment securities. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved January 26, 1950. HOSPITAL AUTHORITIESVALIDATION OF REVENUE ANTICIPATION CERTIFICATES. No. 521 (House Bill No. 460). An Act to amend an Act entitled Revenue-Certificate Law, known as the Revenue-Certificate Law of 1937 (Acts 1937, pp. 761-774), approved March 31, 1937 (Title 87 (Public Finance) Chapter 8 (Revenue Anticipation Certificates), of the Code of Georgia of 1933 Annotated), as amended by an Act approved March 14, 1939, (Acts 1939, pp. 362 ff) by amending Section 2 of said Act as so amended relating to the

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definition of the term municipality so as to include within said definition a hospital authority the revenue certificates of which are required to be confirmed and validated in accordance with the procedure of said Act as amended (Chapter 87-8 Georgia Code Annotated) by adding to Section 2 following Subsection (c) a Subsection (d) so providing; and by amending said Act as amended to provide for confirmation and validation procedure when a hospital authority the revenue certificates of which are required to be confirmed and validated under said Act as amended is located in more than one county and/or in more than one judicial circuit by adding to said Act as amended a Section 21 so providing; and 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 that Act No. 513 entitled Revenue Certificate Law as amended, known as the Revenue Certificate Law of 1937, (Acts 1937, pp. 761-774), approved March 31, 1937, as amended by an Act approved March 14, 1939 (Acts 1939, pp. 362 ff), be amended in the following particulars: Section 1. That Section 2, Definitions of Terms be amended by adding thereto following Subsection (c) Subsection (d) as follows: (d) For the purposes of Sections 10 through 18, inclusive, the term `municipality' shall in addition to its definition in the foregoing Subsection (b) mean a hospital authority the revenue certificates of which are required by Section 12 of the Act entitled `Hospital Authorities Created', known as the Hospital Authorities Law (Acts 1941, pp. 241-250, pp. 249), approved March 27, 1941, as amended, to be confirmed and validated in accordance with the procedure of this Act so that Section 2 as amended shall read as follows: Definition of terms. Wherever used in this Act, unless a different meaning clearly appears from the context: (a) The term `undertaking' shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

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(1) Causeways, tunnels, viaducts, bridges, and other crossings; (2) Highways, parkways, airports, docks, piers, wharves, terminals and other facilities; (3) Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses; (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and watermains, filtration works, pumping stations, and equipment; (4) Dormitories, laboratories, libraries and other related facilities; (5) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of live stock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith. (b) The term `municipality' shall mean any county, city or town of the State. (c) The term `governing body' shall mean the board, commission, council or other local legislative body of a municipality. (d) For the purposes of Section 10 through 18, inclusive, the term `municipality' shall in addition to its definition in the foregoing subsections (b) mean a hospital authority the revenue certificates of which are required by Section 12 of the Act entitled `Hospital Authorities Created', known as the Hospital

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Authorities Law (Acts 1941, pp. 241-250, pp. 249), approved March 27, 1941, as amended, to be confirmed and validated in accordance with the procedure of this Act. Hospital authority a municipality. Section 2. That following Section 20, Section 21 be added as follows: Section 21. When a hospital authority created and operating under the Hospital Authorities Law (Acts 1941, pp. 241-250), approved March 27, 1941, as amended, shall be authorized to confirm and validate revenue certificates in accordance with the procedure of this Act, and such an authority is located in more than one county said certificates shall be confirmed and validated in the superior court of the county in which the principal office of such authority is located; and where such authority is located in more than one judicial circuit notice provided for the solicitor-general shall be served upon the solicitor-general of the judicial circuit in which the principal office of such an authority is located in accordance with the provisions of this Act which solicitor-general shall have the duties, privileges and responsibilities and shall exercise the powers provided for solicitors-general in revenue certificate validation proceedings under this chapter. Sec. 21. Validation where authority located in more than one county. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved January 26, 1950. LOOKOUT JUDICIAL CIRCUIT CREATED. Code 24-2501 Amended. No. 522 (House Bill No. 239). An Act to create a new judicial circuit for the State of Georgia, to be called the Lookout Judicial Circuit, and to be composed of the counties of Catoosa, Dade, Chattooga and Walker; to provide a judge and a solicitor-general for said circuit; to fix the terms of courts in said counties of said circuit; to amend Section 24-2501 of the Georgia Code of 1933, which

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divides the State into 34 judicial circuits, by adding Lookout Judicial Circuit thereto; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after the passage of this Act a new judicial circuit of the superior courts of this State is hereby created, to be known as the Lookout Judicial Circuit, composed of the Superior Courts of the Counties of Catoosa, Dade, Chattooga and Walker. Lookout Judicial Circuit. Section 2. The terms of court for said counties shall be regularly held as heretofore provided by law for such counties, and the grand juries of said counties shall also convene as heretofore provided by law for such counties; and whenever in the opinion of the judge of said counties it is expedient or necessary to have a grand jury, he may in his discretion, draw, call and impanel a grand jury for service at any term of court. Provided, however, that the terms of the court for Chattooga County shall be held on the fourth Mondays in January, April, July and October, instead of at the times heretofore provided, and grand juries for said Chattooga County shall convene at the January and October terms of said court, and there shall be no grand jury convened for the April and July terms of court for said Chattooga County unless, in the opinion of the judge of said court, it is expedient or necessary to have a grand jury at said April and July terms of said court. Provided, further, that the terms of the court for Dade County shall be held on the third Mondays in March, June and September and the second Monday in December of each year, instead of as heretofore provided by law, and provided, further, that grand juries for said Dade County shall convene at the March and September terms, and there shall be no grand jury convened for the June and December terms of said court for said Dade County, unless, in the opinion of the judge, it is expedient or necessary to have a grand jury at said terms. Grand juries. Terms. Section 3. The offices of Judge and of Solictor-General of the Superior Courts of the Lookout Judicial Circuit are hereby created; such officers to have the same jurisdictions, powers, salary, fees and compensations as now provided by law. Judge. Solicitor-General. Section 4. A judge of the several counties of the Lookout

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Judicial Circuit shall be elected at the general election of 1950 to take office for a term beginning January 1, 1951. Judge's election. Section 5. All proceedings and litigations, civil, equitable and criminal now pending in the superior courts of the counties of the newly created Lookout Judicial Circuit, including all pleadings, petitions, indictments, special presentments, summons, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to issued, returnable, filed, pending or commenced in the several counties of the circuit to which they belonged before the passage of this Act, shall relate to, become a part of and are hereby transferred and placed in the Lookout Judicial Circuit and its jurisdiction. Pending business, etc., transferred. Section 6. Be it further enacted by the authority aforesaid, that, whereas, the counties of Chattooga and Walker, within the proposed Lookout Circuit, are now within the Rome Circuit, in which there is in commission a solicitor-general whose term will not expire until January 1, 1953, and the Counties of Catoosa and Dade, within the proposed Lookout Circuit are now within the Cherokee Circuit, in which there is in commission a solicitor-general whose term will not expire until January 1, 1953, the commissioned solicitor-general of the Rome Circuit shall continue to discharge the duties of solicitor-general in the counties of Walker and Chattooga, in said Lookout Circuit, until January 1, 1953, and the solicitor-general of the Cherokee Circuit shall continue to discharge the duties of solicitor-general in the counties of Catoosa and Dade in said Lookout Circuit until January 1, 1953. In the general election of 1952 a solicitor-general for the Lookout Circuit shall be elected for a term of four years, beginning January 1, 1953, and shall discharge the duties of the solicitor-general in the counties composing the Lookout Circuit. Thereafter, solicitors-general shall be elected for said Lookout Circuit for the terms now provided by law. During the present term of the solicitor-general of the Rome Circuit he shall continue to serve as solicitor-general of the City Courts of Walker and Chattooga Counties as now provided by law. At the expiration of said term and beginning January 1, 1953, the solicitor-general of the Lookout Circuit shall serve as solicitor-general of said city courts in the counties of Walker and Chattooga. Incumbent Solicitors-General. Solicitor-General of circuit.

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Section 6a. The Solicitor-General of the Lookout Judicial Circuit shall be paid a salary of five thousand dollars ($5,000.00) per annum which shall be paid in equal monthly installments. Said sum shall be in addition to the two hundred and fifty dollars ($250.00) now paid to the solicitors-general by the State and the fees payable for services in cases in which it is necessary for the solicitor-general to appear in the Supreme Court of Georgia and the Court of Appeals of Georgia. Said salary of five thousand dollars ($5,000.00) shall be paid by the four counties of said circuit and shall be paid on a pro rata basis. Such pro rata payments shall be made on a percentage basis to be figured in accordance with the present and each future United States census according to the ratio which the population of each county bears to the total population of all four counties. All fees, fines and forfeitures now allowed or hereafter allowed by law to the solicitor-general in city and superior courts shall be paid into the general funds of the county in which they accrue, so that the said salary as set out herein shall be in lieu of all such fees, fines and forfeitures, and said salary shall be the only compensation allowed to said solicitor-general. The counties composing said circuit are hereby authorized, if necessary, to levy a tax for the purpose of the payment of said salary, and said salary to become effective January 1, 1953. Solicitor-General's compensation. Section 7. Section 24-2501 of the Georgia Code of 1933 which section enumerates the 34 judicial circuits of Georgia and the counties composing each circuit is hereby amended by striking the figures 34 in the first sentence and inserting in lieu thereof the figures 35 and by striking from the list of counties composing the Cherokee Circuit the words Catoosa, Dade, and by striking from the list of counties composing the Rome Circuit the words Chattooga and and Walker, and by adding after the words Griffin Circuit, composed of the counties of Spalding, Pike, Upson and Fayette. (Acts 1923, p. 68) the following words, Lookout Circuit, composed of the counties of Catoosa, Dade, Chattooga and Walker; so that Section 24-2501 as so amended shall read as follows: Code 24-2501 amended. 24-2501. (4870) Number of judicial circuits.The entire State is divided into 35 judicial circuits, in reference to the jurisdiction and sessions of the superior courts, as follows, to

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wit: (Acts 1910, p. 63; 1911, p. 81; 1916, p. 62; 1919, pp. 109, 110; 1923, pp. 68, 76.) Alapaha Circuit, composed of the counties of Atkinson, Berrien, Clinch, Cook and Lanier. (Acts 1919, p. 109; 1920; p. 19.) Albany Circuit, composed of the counties of Baker, Calhoun, Decatur, Dougherty, Mitchell and Grady. (Acts 1870, p. 37; 1905, p. 63; 1907, p. 67, 1916, p. 62.) Atlanta Circuit, composed of the county of Fulton. (Acts 1869, p. 20). Atlantic Circuit, composed of the counties of Bryan, Liberty, McIntosh, Tattnall, Evans and Long. (Acts 1897, p. 45; 1909, p. 107, 1914, p. 33; 1919, p. 110; 1920, p. 48.) Augusta Circuit, composed of the counties of Burke, Columbia, McDuffie and Richmond. (Acts 1870, p. 38; 1919, p. 110.) Blue Ridge Circuit, composed of the counties of Cherokee, Cobb, Fannin, Forsyth, Gilmer and Pickens. Brunswick Circuit, composed of the counties of Appling, Camden, Glynn, Wayne and Jeff Davis. (Acts 1905, p. 55; 1909, p. 94.) Chattahoochee Circuit, composed of the counties of Chattahoochee, Harris, Marion, Muscogee, Talbot and Taylor. Cherokee Circuit, composed of the counties of Bartow, Gordon, Murray and Whitfield. Cordele Circuit, composed of the counties of Dooly, Wilcox, Crisp and Ben Hill. (Acts 1906, p. 50; 1917, p. 69.) Coweta Circuit, composed of the counties of Carroll, Coweta, Heard, Meriwether and Troup. (Acts 1874, p. 43.) Dublin Circuit, composed of the counties of Laurens, Johnson and Twiggs. (Acts 1911, p. 81; 1912, p. 101.) Eastern Circuit, composed of the county of Chatham. Flint Circuit, composed of the counties of Butts, Henry, Monro and Lamar. (Acts 1899, p. 49; 1920, p. 38; 1923, p. 68.) Griffin Circuit, composed of the counties of Spalding, Pike, Upson and Fayette. (Acts 1923, p. 68.)

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Lookout Circuit, composed of the counties of Catoosa, Dade, Chattooga and Walker. Macon Circuit, composed of the counties of Bibb, Crawford, Houston and Peach. (Acts 1924, p. 39.) Middle Circuit, composed of the counties of Emanuel, Jefferson, Washington, Toombs and Candler. (Acts 1905, pp. 57, 62; 1911, p. 81; 1913, p. 64; 1914, p. 29; 1919, p. 110.) Mountain Circuit, composed of the counties of Habersham, Rabun, Stephens, Towns and Union. Northeastern Circuit, composed of the counties of Dawson, Hall, Lumpkin, and White. (Acts 1880-1, p. 112; 1905, p. 58.) Northern Circuit, composed of the counties of Elbert, Hart, Madison, Oglethorpe and Franklin. (Acts 1910, p. 63; 1911, p. 87.) Ocmulgee Circuit, composed of the counties of Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson and Hancock. (Acts 1909, p. 102; 1911, p. 81; 1912, p. 101.) Oconee Circuit, composed of the counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley, Wheeler and Treutlen. (Acts 1871-2, p. 32; 1906, p. 28; 1907, p. 70; 1911, p. 81; 1912, pp. 38, 41; 1917, p. 44.) Ogeechee Circuit, composed of the counties of Bulloch, Effingham, Jenkins and Screven. (Acts 1919, p. 110.) Pataula Circuit, composed of the counties of Clay, Early, Miller, Quitman, Randolph, Terrell and Seminole. (Acts 1920, p. 52.) Piedmont Circuit, composed of the counties of Gwinnett, Barrow, Jackson and Banks. (Acts 1923, p. 76.) Rome Circuit, composed of the county of Floyd. (Acts 1869, p. 20.) Southern Circuit, composed of the counties of Brooks, Colquitt, Echols, Lowndes and Thomas. (Acts 1905, pp. 45, 60; 1916, p. 62; 1919, p. 68.) Southwestern Circuit, composed of the counties of Lee, Macon, Schley, Stewart, Sumter and Webster. (Acts 1905, p. 52.)

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Stone Mountain Circuit, composed of the counties of Clayton, DeKalb, Newton and Rockdale. The judge of the Stone Mountain Circuit, when the business of said circuit does not require his attention, may aid in the disposition of the business of the Atlanta Circuit. (Acts 1884-5, p. 108; 1887, p. 49; 1890-1, p. 95; 1897, p. 119.) Tallapoosa Circuit, composed of the counties of Douglas, Haralson, Polk and Paulding. (Acts 1890-1, p. 8.) Tifton Circuit, composed of the counties of Tift, Irwin, Worth and Turner. (Acts 1916, p. 62; 1917, p. 69.) Toombs Circuit, composed of the counties of Glascock, Lincoln, Taliaferro, Warren and Wilkes. (Acts 1910, p. 63.) Waycross Circuit, composed of the counties of Pierce, Coffee, Charlton, Ware, Bacon and Brantley. (Acts 1909, p. 94; 1914, p. 23; 1919, p. 68; 1920, p. 34.) Western Circuit, composed of the counties of Clarke, Oconee and Walton. (Acts 1911, p. 87; 1914, p. 27; 1923, p. 76.) Section 7a. The Lookout Judicial Circuit shall not come into full force and effect until January 1, 1951. Date effective. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 26, 1950. REVENUE COMMISSIONERDESTRUCTION OF USELESS RECORDS. No. 523 (House Bill No. 700). An Act to amend an Act approved March 18, 1943 (Ga. Laws 1943, pages 468-470) entitled An Act to authorize the destruction of records of the various departments of State upon a finding by the Secretary of State and the State Librarian, approved by the Governor, that such records have no historic value, are obsolete, and will serve no other useful purpose; to make photostat copies of certain public records primary evidence, and for other purposes, by adding a new

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section to provide that the Commissioner of Revenue be expressly authorized in his discretion to destroy obsolete records of the Revenue Department which are expensive to store and without practical or historic value; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 18, 1943 (Ga. Laws 1943, pages 468-470) entitled An Act to authorize the destruction of records of the various Departments of State upon a finding by the Secretary of State and the State Librarian, approved by the Governor, that such records have no historic value, are obsolete, and will serve no other useful purpose; to make photostat copies of certain public records primary evidence, and for other purposes., is hereby amended by adding a new section thereto which will be known as Section 4 and reads as follows: Act of 1943 amended. Section 4. That the Revenue Commissioner in his discretion may destroy all obsolete records which have no historic or legal value, provided no records may be destroyed that are less than three years old. Commissioner may destroy. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved January 26, 1950. INSANE PERSONSARREST AND COMMITMENT. Code 49-612 Amended. No. 524 (House Bill No. 152). An Act to amend the Code of Georgia of 1933, Section 49-612 pertaining to the confinement of insane persons who, for the public safety or other good and sufficient reason, should not be at large, to permit their temporary confinement in institutions properly equipped to care for such persons when approved by the ordinary or the judge of the superior court hearing the cause; and for other purposes. Section 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act: The Code of Georgia of 1933, Section 49-612 pertaining to the confinement of insane persons who, for the public safety or other good and sufficient reason, should not be at large, is hereby amended by inserting after the word jail therein the following words: or to any institution properly equipped to care for insane persons when approved by the ordinary or judge of the superior court hearing the cause until he can be removed to the Hospital, provided, however, that if such insane person should be temporarily committed to an institution other than a jail, the sheriff of the county in which such insane person is committed shall be charged with the duty, responsibility and expense of safeguarding such person and of transporting him or her to and from such place of confinement to the place of trial and to the Milledgeville State Hospital, so that the said section as amended shall read: Code 49-612 amended. When there shall be no guardian for an insane person, or the guardian, on notice, shall refuse or fail to confine his ward, and any person shall make oath that such insane person, for public safety or other good and sufficient reason, should not longer be left at large, the ordinary, or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court before whom said oath shall be made, shall issue a warrant as in criminal cases for the arrest of such insane person, to bring him before him on a day specified; and said ordinary, or in his absence from the county, or when he is unable to act for any cause, the judge of the superior court, on an investigation of the facts, may commit such insane person to the Milledgeville State Hospital, and, if necessary, cause him to be temporarily committed to jail or to any institution (including the Milledgeville State Hospital) properly equipped to care for insane persons when approved by the ordinary or judge of the superior court hearing the cause until he can be removed to the Hospital, provided, however, that if such insane person should be temporarily committed to an institution other than a jail, the sheriff of the county in which such insane person is committed shall be charged with the duty, responsibility and expense of safeguarding such person and of transporting him or her to and from such place of confinement

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to the place of trial and to the Milledgeville State Hospital, and the expense of such confinement and the proceedings shall be paid out of the estate of such insane person, if any, and if none, out of the county funds. The fees of the ordinaries of the several counties for making out commissions of lunacy and all other services connected therewith shall be $5.00; and the fees of sheriffs and bailiffs, for summoning juries and other services connected with cases of lunacy, shall be $3.00. New section. Arrest. Commitment. Duties of Sheriff. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. TEACHERS RETIREMENT SYSTEMRETIREMENT AT AGE SEVENTY. No. 525 (House Bill No. 493). An Act to amend Subsection (b) of Section 5 of an Act approved March 19, 1943, which is published on pages 640 through 670 of Georgia Laws 1943, and which establishes a Teachers Retirement System of Georgia, by extending the limitation of time for the compulsory retirement of any member of said system who has attained the age of 70 as required by said Act, from the present termination date of June 30, 1949 to June 30, 1952; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Subsection (b) of Section 5 of an Act approved March 19, 1943, providing for the establishment of a Teachers Retirement System of Georgia, and which Act is published on pages 640 through 670, inclusive of Georgia Laws 1943, is hereby amended by striking out the words and figures appearing at the end of said Subsection (b) to wit June 30, 1949, and by inserting in lieu thereof the words and figures June 30, 1952, so that the provision of said Act as hereby amended shall read as follows, to wit: Act of 1943 amended. (b) Any member in service who on the commencement date has attained age seventy or who thereafter attains age

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seventy shall be retired forthwith on a service retirement allowance; except that with the approval of his employer he may remain in service until the end of the school year. Upon the recommendation of the employer and approval by the Board of Trustees a member may be continued in service for a period of one year following each such recommendation and approval, but not beyond June 30, 1952. Retirement at 70. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Approved January 26, 1950. SECURITY INSTRUMENTS, ETC.RECORDING. Code 67-2504 Amended. No. 527 (House Bill No. 276). An act to further amend an Act approved March 31, 1937, appearing on pages 760 and 761, Georgia Laws of 1937, entitled An Act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention-of-title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes, as amended by an Act approved February 2, 1943, appearing on pages 540 and 541, Georgia Laws of 1943, and by an Act approved March 9, 1945, appearing on pages 389 and 390, Georgia Laws of 1945, so as to exclude therefrom certain mortgages and other instruments relating to property owned by, or sold or leased to, or agreed to be sold or leased to any street railroad corporation, electric or gas corporation, or other public utility corporation or any receivers, trustees or other legal officers in possession of or operating any street railroad corporation, electric or gas corporation, or other public utility corporation; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That the Act entitled An Act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention-of-title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; and for other purposes, approved March 31, 1937, and as amended by an Act approved February 22, 1943, as appears in Georgia Laws of 1943, pp. 540 and 541, and by an Act approved March 9, 1945, as appears in Georgia Laws of 1945, pp. 389 and 390, as now codified in Sections 67-2504 to 67-2508, Georgia Code Annotated Supplement, be further amended by inserting between the word corporation and the word or, in the sixth line of Section 4a of said Act as amended (Section 67-2508, Georgia Code Annotated Supplement) the phrase street railroad corporation, electric or gas corporation, or other public utility corporation, which phrase shall also be added following the word railroad at the end of the section, so that said Section 4a, when so amended, will read as follows: Code 67-2504 amended. Section 4a. This Act shall not apply to any mortgage, bill of sale to secure debt, retention-of-title contract, deed of trust, or other security instrument creating a lien on, retaining title to, or conveying an interest in property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation, street railroad corporation, electric or gas corporation, or other public utility corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad corporation, street railroad corporation, electric or gas corporation, or other public utility corporation. Sec. 4a. Public utility corporations excluded. Section 2. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved January 30, 1950. GAME AND FISH DEPARTMENTMEETINGS AND COMPENSATION OF COMMISSION. Code 45-140 Amended. No. 528 (Senate Bill No. 111). An Act to amend Section 6 on pages 129 and 130 of the Acts

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of 1943, Georgia Code Section 45-140, 1933, relating to the compensation and expense and meetings of the Commission of the Game and Fish Department, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. To amend Section 6 on pages 129 and 130 of the Acts of 1943, Code Section 45-140, by striking said Code section in its entirety and inserting in lieu thereof the following: Code 45-140 amended. Immediately after appointment, taking the oath of office and qualification, the members of the Commission shall meet at any convenient and designated place within the State of Georgia and elect a chairman, and thereafter the Commission shall elect a chairman annually. The members of the Commission, including the chairman, shall each receive $7.00 for each day of actual attendance of meetings of the Commission at such designated places, and actual cost of transportation to and from the place of meeting and their respective homes by the nearest practicable route not to exceed 5c per mile. The members of the Commission, including the chairman shall receive while on committee assignment $7.00 for each day of actual service and actual cost of transportation to and from the place of service and their respective homes by the nearest practical route, not to exceed five cents per mile. Such per diem and travel expense shall be paid from funds of the Commission. The Commission shall meet at such times and at such designated places in this State as it may determine and it may convene in called session upon call by the chairman or by a majority of the members of the Commission. Meetings and compensation of Commission. Section 2. That all laws and parts of law in conflict with this Act be, and the same are, hereby repealed. Approved January 30, 1950. LAND CONVEYANCE TO FEDERAL GOVERNMENTMAGNOLIA SPRING STATE PARK. No. 42 (Senate Resolution No. 61). A RESOLUTION. To authorize the Governor, acting for and on behalf of the

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State of Georgia, to execute a deed to the United States of America for a certain tract or parcel of land of the State of Georgia containing approximately 106.89 acres and located in Jenkins County, and a part of Magnolia Spring State Park, to be used by the United States Department of the Interior, Fish and Wild Life Service for the purpose of constructing and maintaining buildings and other structures for a fish hatchery for conservation purposes on said land in Magnolia Spring State Park. Whereas, the United States of America through its Department of Interior, Fish and Wild Life Service, will upon receiving fee-simple title to that certain tract of land described in this resolution, construct and maintain buildings and other structures for a fish hatchery for conservation purposes on said land in Magnolia Spring State Park in Jenkins County, Georgia; and Preamble. Whereas, it is deemed to be to the best interest of the State of Georgia to obtain such fish hatchery and improvements for the benefit of the citizens of Georgia. Now, therefore, Be it resolved by the House of Representatives and the Senate concurring, as follows: That His Excellency the Governor be, and he is hereby authorized, acting for and on behalf of the State of Georgia in consideration of the United States of America building and maintaining a fish hatchery in the Magnolia Spring State Park to execute a deed in fee simple from the State of Georgia to the United States of America for the use of the Department of Interior, Fish and Wild Life Service, covering that certain tract or parcel of land owned and held by the State of Georgia, containing approximately 106.89 acres and located in Magnolia Spring Park in Jenkins County, Georgia, and more particularly described as follows: Governor to convey. A tract of land located in Georgia, Jenkins (formerly Burke) County, lying on the easterly side of U.S. Highway No. 25, and on the westerly side of Spring Mill Branch, about five and one-half miles north of the town of Millen, being a part of that tract of land known as the Bush and Battey 975.49 acre tract, conveyed by the Commissioners of Roads and Revenues of Jenkins County, Georgia, to the State of Georgia, by deed dated March 8, 1939, and recorded March

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29, 1939, in Deed Book X, pages 355-357, of the land records of Jenkins County, and more particularly described as follows: Description. Beginning at Corner 1, on the easterly right-of-way boundary of U.S. Highway No. 25, approximately 23.45 chains northerly of the highway bridge over Spring Mill Branch, a 1[UNK] iron pipe set, projecting 12[UNK] above the ground; thence n. 12 26[UNK] w., along the easterly right-of-way boundary of U.S. Highway No. 25, 37.22 chains to Corner 2, a 1[UNK] pipe set, projecting 12[UNK] above the ground; thence leave aforesaid right-of-way, east, 26.21 chains to corner 3, a point in center of small branch from which a 1[UNK] iron pipe set, projecting 12[UNK] above the ground, for witness, bears west, 0.15 chain; thence with the meanders of the center of small branch, downstream, s. 25 25[UNK] e., 2.742 chains to mp 3-1; s. 26 58[UNK] e., 2.134 chains to mp 3-2; s. 2 48[UNK] w., 2.194 chains to mp 3-3; s. 17 27[UNK] e., 1.564 chains to mp 3-4; s. 71 56[UNK] e., 3.87 chains to mp 3-5; s. 37 01[UNK] e., 2.317 chains to mp 3-6; s. 15 48[UNK] w., 3.06 chains to mp 3-7; s. 25 37[UNK] e., 2.603 chains to mp 3-8; s. 12 20[UNK] e., 2.267 chains to mp 3-9; s. 28 47[UNK] w., 2.558 chains to mp 3-10; s. 4 44[UNK] e., 1.611 chains to mp 3-11, the junction with Spring Mill Branch; thence continue with meanders of the center of Spring Mill Branch, s. 17 48[UNK] w., 1.698 chains to mp 3-12; s. 36 04[UNK] e., 1.407 chains to mp 3-13; n. 75 24[UNK] w., 1.468 chains to mp 3-14; s. 59 16[UNK] w., 2.023 chains to mp 3-15; s. 4 58[UNK] w., 3.93 chains to mp 3-16; s. 21 27[UNK] e., 3.47 chains to mp 3-17; s. 3 19[UNK] w., 2.771 chains to mp 3.18; s. 25 55[UNK] w., 1.876 chains to mp 3-19; s. 21 40[UNK] w., 5.76 chains to Corner 4, a point in center of Spring Mill Branch from which a 1[UNK] iron pipe set projecting 12[UNK] above the ground, for witness, bears n. 72 25[UNK] w., 0.55 chains; thence leave aforesaid branch, n. 72 25[UNK] w., 21.43 chains to the place of beginning, containing 106.89 acres, more or less. Approved January 30, 1950. DOUG PURYEAR HIGHWAY DESIGNATED. No. 43 (Senate Resolution No. 36). A RESOLUTION. Whereas, Doug Puryear was loved, honored and revered

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not only throughout Whitfield County, but throughout North Georgia as one possessing the highest virtues of intellect and heart, and Preamble. Whereas, he was born and reared near State Highway No. No. 71, and Whereas, he traversed this highway as a boy going to and from school, and Whereas, his family being pioneer leaders and large land owners in Whitfield County, it is fitting and proper that he be honored. Therefore be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that State Highway Route No. 71, extending from Dalton to the Tennessee line be and the same is hereby named and designated the Doug Puryear Highway. Highway designated. Resolved further, that the State Highway Department be and it is hereby authorized and empowered to so designate said highway on its official record and to provide for the erection of suitable markers thereon. Approved January 30, 1950. UNEMPLOYMENT COMPENSATION LAWAMENDMENTS. No. 529 (House Bill No. 436). An act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Georgia Laws 1937, pp. 806, et seq.), as amended by an Act approved January 25, 1938 (Georgia Laws 1937-8, Extra Session, pp. 356, et seq.), as further amended by an Act approved March 21, 1941 (Georgia Laws 1941, pp. 532, et seq.), as further amended by Acts (3) approved March 20, 1943 (Georgia Laws 1943, pp.

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610, 612, 613, et seq.), as further amended by Acts (2) approved March 8, 1945 (Georgia Laws 1945, pp. 259, et seq., and pp. 331, et seq.), as further amended by an Act approved March 27, 1947 (Georgia Laws, 1947, pp. 651, et seq.), by further defining eligibility for benefits; by modifying and liberalizing the benefit table so as to change the weekly benefit amounts, qualifications, eligibility for benefits, and duration of benefits; by modifying the disqualification provisions; by reducing the term of the waiting period; by reducing the contribution rates; by changing the method of charging benefits for experience rating purposes; by modifying provisions for the acquisition of employer experience; by modifying provisions regarding voluntary election of coverage and termination of liability of employers; by modifying the provisions regarding penalties for violation of benefit provisions; by changing certain administrative provisions of 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: Section 1. The Act of the General Assembly of Georgia, approved March 29, 1937, known as the Unemployment Compensation Law (Georgia Laws 1937, pp. 806, et seq.), as amended by an Act approved January 25, 1938 (Georgia Laws 1937-8, Extra Session, pp. 356, et seq.), as further amended by an Act approved March 21, 1941 (Georgia Laws 1941, pp. 532, et seq.), as further amended by Acts (3) approved March 20, 1943 (Georgia Laws 1943, pp. 610, 612, 613, et seq.), as further amended by Acts (2) approved March 8, 1945 (Georgia Laws 1945, pp. 259, et seq., and pp. 331, et seq.), as further amended by an Act approved March 27, 1947 (Georgia Laws, 1947, pp. 651, et seq.), be, and the same is, hereby amended in the following respects, namely: Acts amended. Section 2. By striking from Subsection 3 (b) as amended (Georgia Ann. Code 54-604) the benefit tables and inserting, in lieu thereof, new benefit tables to read as follows: Code 54-604 amended.

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Wages Paid in Highest Quarter of Base Period Weekly Benefit Amount Qualifying Wages in Base Period Maximum Total Benefit in Benefit Year $100.00 to $124.99 $ 5 $175.00 $100.00 125.00 149.99 6 213.00 120.00 150.00 174.99 7 252.00 140.00 175.00 199.99 8 292.00 160.00 200.00 224.99 9 333.00 180.00 225.00 249.99 10 375.00 200.00 250.00 274.99 11 418.00 220.00 275.00 299.99 12 462.00 240.00 300.00 324.99 13 507.00 260.00 325.00 349.99 14 553.00 280.00 350.00 374.99 15 600.00 300.00 375.00 399.99 16 648.00 320.00 400.00 424.99 17 697.00 340.00 425.00 449.99 18 747.00 360.00 450.00 474.99 19 798.00 380.00 475 and over 20 850.00 400.00 Provided that the foregoing benefit tables shall be effective with benefit years beginning July 1, 1950, and thereafter. Benefit tables. Section 3. By striking from Section 3 (c) as amended (Georgia Ann. Code 54-605) the figure $3.00 and inserting in lieu thereof the figure $5.00, so that said Subsection (c) when so amended, shall read as follows, namely: Code 54-605 amended. (c) Weekly Benefit for Unemployment.Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount less that part of the wages (if any) payable to him with respect to such week which is in excess of $5.00. Such benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Weekly benefit. Section 4. By striking the first paragraph of Subsection (d) of Section 4 and paragraph numbered (1) of Subsection (d) of Section 4 of said Act as amended (Ga. Ann. Code 54-609 (d) and (d) (1) and inserting in lieu thereof two paragraphs numbered (d) and (d) (1) of Section 4 as follows, namely: Code 54-609 amended. (d) He has been unemployed for a waiting period of one

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week. No week shall be counted as a week of unemployment for the purposes of this subsection. (1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits provided that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment, and provided further that the week immediately preceding a benefit year, if part of one uninterrupted period of unemployment which continues into such benefit year, shall be deemed (for the purposes of this subsection only) to be within such benefit year as well as within the preceding benefit year. Section 5. By striking Subsection (6) of Section 7 (c) (Ga. Ann. Code 54-622 (6)) and substituting in lieu thereof, a new subsection as follows, namely: Code 54-622 amended. (6) Variations from the standard rate of contributions shall be determined in accordance with the following requirements: (i) If the total of all an employer's contributions paid on or before the last day of the month immediately following the computation date with respect to wages paid by him on or before such computation date, exceeds the total benefits which were chargeable to his account and were paid on or before the last day of the month following the computation date with respect to weeks of unemployment beginning on or before such computation date, his contribution rate for the ensuing calendar year shall be: Contributions. (A) 2.50 per centum if such excess equals or exceeds 2 but is less than 3 per centum of his average annual pay roll; (B) 2.25 per centum if such excess equals or exceeds 3 but is less than 4 per centum of his average annual pay roll; (C) 2.00 per centum if such excess equals or exceeds 4 but is less than 5 per centum of his average annual pay roll; (D) 1.75 per centum if such excess equals or exceeds 5 but is less than 6 per centum of his average annual pay roll; (E) 1.50 per centum if such excess equals or exceeds 6 but is less than 7 per centum of his average annual pay roll; (F) 1.25 per centum if such excess equals or exceeds 7 but is less than 8 per centum of his average annual pay roll;

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(G) 1.00 per centum if such excess equals or exceeds 8 but is less than 9 per centum of his average annual pay roll; (H) 0.75 per centum if such excess equals or exceeds 9 but is less than 10 per centum of his average annual pay roll; (I) 0.50 per centum if such excess equals or exceeds 10 but is less than 11 per centum of his average annual pay roll; (J) 0.25 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 1950 by applying said rate variations to the computations used by the Commissioner in determining rates for each employer for the calendar year 1950. Section 6. By adding to Subsection (c) of Section 4 of the Act of 1937 (Georgia Laws 1937, pp. 806 et seq.), as subsequently amended, (Georgia Code Ann. Section 54-609 (c)), the following, to wit: and has actively and in good faith sought employment and is actively and in good faith seeking employment, and is bona fide in the labor market, so that said subsection (c) of Section 4, as amended, shall read as follows, to wit: Code 54-609 (c) amended. (c) He is able to work, and is available for work, and has actively and in good faith sought employment and is actively and in good faith seeking employment, and is bona fide in the labor market. Section 7. By striking Subsection (a) of Section 5 (Ga. Ann. Code 54-610 (a)) and inserting in lieu thereof the following subsection, namely: Code 54-610 (a) amended. (a) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits within 52 weeks after he has left work voluntarily without good cause connected with said work, and for not less than the four and not more than the eight weeks of unemployment which immediately follow the week in which said valid claim was filed as determined by the Commissioner according to the circumstances in the case, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d), hereof, an amount equal to his weekly benefit amount for each week of such disqualification.

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Section 8. By striking Subsection (b) of Section 5 (Ga. Ann. Code 54-610 (b)) and inserting in lieu thereof the following subsection, namely: Code 54-610 (b) amended. (b) For the week or fraction thereof in which he has filed an otherwise valid claim for benefits within 52 weeks after he has been discharged or suspended from work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, and for not less than the four and not more than the ten weeks of unemployment which immediately follow the week in which said valid claim was filed as determined by the Commissioner in the case according to the seriousness of the offense, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d), hereof, an amount equal to his weekly benefit amount for each week of such disqualification. Section 9. By striking Subsection (c) of Section 5 (Ga. Ann. Code 54-610 (c)) and inserting in lieu thereof the following paragraphs, namely: Code 54-610 (c) amended. (c) If he has failed without good cause, either to apply for available, suitable work when so directed by an employment office or the Commissioner, or his employer (provided said employer shall report said offer of suitable work in writing to the Commissioner within the time prescribed by regulation), or to accept suitable work when offered him, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue for the week in which a claim for benefits was filed within 52 weeks after such failure occurred, and for not less than the four and not more than the eight weeks of unemployment which immediately follow such week, as determined by the Commissioner according to the circumstances in the case, not counting the waiting period: Provided, however, that there shall be charged against the benefits to which the individual is entitled under Section 3 (d) hereof, an amount equal to his weekly benefit amount for each week of such disqualification. Disqualification for failure to accept employment. (1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness

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and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence. Tests of suitability. (2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. Section 10. By striking, in its entirety, Subsection (e) (3) of Section 5 of the Act (Ga. Ann. Code 54-610 (e) (3)), which provides for disqualification for any week with respect to which the claimant is receiving or has received old-age benefits under Title II of the Social Security Act. Code 54-610 (e) (3) amended. Section 11. By inserting between the first and second sentences of Subsection (c) (2) of Section 7 of the Act (Georgia Ann. Code 54-622 (2)) the following proviso: 54-622 (2) amended. Provided, however, that when benefits are paid without disqualification to an individual who has failed to accept, while unemployed, an offer of reemployment with a base-period employer and notice of such offer was furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks of unemployment subsequent to the refusal and for the remainder of that benefit year, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further that an employer's account shall not be charged with benefits paid an individual for weeks of unemployment within the same benefit year and subsequent to a period of disqualification, if the individual paid such benefits was separated from his employ under any of the following conditions and notice of such separation was furnished pursuant to the regulations of the Commissioner of Labor:

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(A) Leaving work voluntarily without good cause. (B) Discharged or suspended from his most recent work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, or for: (C) Failing without good cause to apply for suitable work, accept suitable work when offered, or return to his customary self-employment when directed to do so by the Commissioner of Labor. So that said subsection when so amended shall read as follows, namely: (2) Benefits paid to an individual shall be charged, in the amount hereinafter provided, against the accounts of his baseperiod employers: Provided, however, that when benefits are paid without disqualification to an individual who has failed to accept, while unemployed, an offer of reemployment with a base-period employer and notice of such offer was furnished pursuant to the regulations of the Commissioner of Labor, that employer's account shall not be charged with benefits paid for weeks of unemployment subsequent to the refusal and for the remainder of that benefit year, if the offered work was suitable in every respect save that of distance due to such individual's change of residence; and provided further that an employer's account shall not be charged with benefits paid an individual for weeks of unemployment within the same benefit year and subsequent to a period of disqualification, if the individual paid such benefits was separated from his employ under any of the following conditions and notice of such separation was furnished pursuant to the regulations of the Commissioner of Labor: When benefits not to be charged to employer's account. (A) Leaving work voluntarily without good cause. (B) Discharged or suspended from his most recent work for failure to obey orders, rules or instructions or the failure to discharge the duties for which he was employed, or for; (C) Failing without good cause to apply for suitable work, accept suitable work when offered, or return to his customary self-employment when directed to do so by the Commissioner of Labor. The amount of benefits so chargeable against each base-period employer's account shall be that proportion of the benefits paid to an individual which the base-period wages paid to

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the individual by such employer bear to the total amount of base-period wages paid to the individual by all his base-period employers. Section 12. By striking Subsection (b)Termination of Liabilityof Section 8 (Ga. Ann. Code 54-623 (b)) in its entirety and inserting, in lieu thereof, the following: 54-623 (b) amended. (b) Termination of Liability.Except as otherwise provided in Subsection (c) of this section, an employing unit shall cease to be an employer subject to this Act only as of the first day of January of any calendar year, only if it files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different week within the first named calendar year, within which such employing unit employed eight or more individuals in employment or was not otherwise subject to this Act. Accordingly coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to employment subsequent to said date may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this subsection, the two or more employing units mentioned in Paragraph (2) or (3) of Section 19 (g) shall be treated as a single employing unit. Notwithstanding the foregoing provisions, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year. Termination of liability. Section 13. By striking Subsections (c) (1) and (c) (2) of Section 8, (Ga. Ann. Code 54-623 (c) (1) and (c) (2)) and inserting, in lieu thereof the following subsections, namely: 54-623 (c) (1) and (c) (2) amended. (c) Voluntary Election of Coverage.(1) An employing unit, not otherwise subject to this Act, which files with the Commissioner its written election to become an employer subject hereto for not less than two calendar years, shall with the written approval of such election by the Commissioner, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if prior to the thirtieth

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day of April in any calendar year it has filed with the Commissioner a written notice to that effect. Provided, however, that any employing unit which has elected coverage under this section and subsequently becomes liable by operation of law may terminate coverage only as provided in Section 8 (b). Voluntary election of coverage. (2) Any employing unit for which services that do not constitute employment as defined in this Act are performed, may file with the Commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this Act for not less than two calendar years. Upon the written approval of such election by the Commissioner, such services shall be deemed to constitute employment subject to this Act and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if prior to the thirtieth day of April in any calendar year such employing unit has filed with the Commissioner a written notice to that effect; Provided, that all types of elective coverage may be terminated at any time subsequent to the first two-year period, for good cause shown, by order of the Commissioner at his discretion. Section 14. By re-numbering Section 11 (a) (Ga. Ann. Code 54-631 as Section 11 (a) (1) and adding an additional subsection to be known as Section 11 (a) (2) to read as follows; namely: 54-631 amended. (a) (2) The Commissioner shall fully cooperate with the agencies of other states and shall make every proper effort within his means to oppose and prevent any further action which would in his judgment tend to effect complete or substantial federalization of state unemployment compensation funds or state employment security programs; and provided further, that the Commissioner may make, and may cooperate with other appropriate agencies in making, studies as to the practicality and probable cost of possible new state-administered social security programs, and the relative desirability of state (rather than national) action in any such field. Cooperation with agencies of other states. Section 15. By re-numbering Section 11 (d) (Ga. Ann. Code

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54-634) as Section 11 (d) (1) and by adding additional subsection to be known and numbered as 11 (d) (2) to read as follows, namely: 54-634 amended. (d) (2) The Commissioner is further expressly authorized upon request of any employee of the agency to deduct from the pay roll of such employee any sum due by him for retirement or pension fund, group insurance, and for government bonds as may be requested by the employee. Pay roll deductions. Section 16. By adding to Section 16 of the Act (Ga. Ann. Code 54-9916, et seq.) a new subsection to be known and designated as Section 16 (f) thereof to read as follows, to wit: 54-9916 amended. (f) Any person who makes a false statement or representation as to a material fact, knowing the same to be false, or who knowingly fails to disclose a material fact to obtain or increase benefits under this Act, either for himself or for any other person, or who knowingly accepts benefits under this Act to which he is not entitled, shall upon an appropriate finding by the Commissioner, cease to be eligible and shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the commission of said act and/or omission, including any benefits to which he would otherwise be entitled during the remainder of any incompleted calendar quarter and the next four complete calendar quarters immediatley following such determination by the Commissioner; provided, however, that no such determination may be made more than twelve months after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Section 6 of this Act. The provision of this subsection shall be in addition to, and not in lieu of, any provision contained in any of the other subsections of this section. Penalties for false statements, etc. Appeal. Section 17. By inserting at the end of the first clause of the first sentence of subsection (a) of Section 11, (Ga. Ann. Code 54-631) the following words, namely: and as the administrator of said Act the compensation provided in Section 54-105 Ga. Ann. Code shall be augmented by grants from the appropriate Federal agency commensurate with the duties imposed by this Act, so that said first clause of said Subsection (a) of Section 11 when amended, shall read as follows, namely: 54-631 amended.

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(a) Duties and Powers of Commissioner.It shall be the duty of the Commissioner to administer this Act, and as administrator of said Act the compensation provided in Section 54-105 Ga. Ann. Code shall be augmented by grants from the appropriate Federal agency commensurate with the duties imposed by this Act. Duties and compensation of Commissioner. Section 18. By striking Subsection (a) of Section 10 (Ga. Ann. Code 54-628) and substituting in lieu thereof, the following, namely: 54-628 amended. (a) There is hereby created in the Department of Labor a division to be known as the Employment Security Agency, which shall be administered by a full time salaried director, who shall be subject to the supervision and direction of the Commissioner of Labor. The Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties of such director and such appointment shall be made on a nonpartisan merit basis for a period of good behavior and shall be terminated only for cause after notice and hearing. Employment Security Agency. Section 19. By striking the last two complete sentences of subsection numbered (iv) of Subsection (7) of Subsection (c) of Section 7 of said Act as amended (Ga. Ann. Code 54-622 (7) (iv)) and inserting in lieu thereof the following sentences, namely: 54-622 (7) (iv) amended. It is further provided that in cases where a corporation, partnership, individual, or other legal entity acquires any clearly identifiable or segregable portion of the business of an employer, and such successor is an employer at the time of the acquisition, or becomes an employer before or within the two calendar quarters immediately following the quarter in which the acquisition was made, or within one complete calendar quarter after the passage of this Act, whichever is later, the Commissioner shall upon notice of such acquisition and with the mutual consent of both parties, transfer to such successor the portion of the predecessor's pay roll records and experience rating records which are attributable to the portion of the business which was acquired. The Commissioner shall prescribe by regulation the period within which notification of such acquisition shall be given and the method by which the experience to be transferred shall be computed. The experience rating records of

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the predecessor employer, as thus computed, shall be used as the basis for the contribution rate of the successor; provided that, where the successor is an employer the experience rating records transferred shall be combined with his experience rating records effective as of the first day of the next calendar quarter immediately following such acquisition, at which time it shall be used to compute a rate based upon the combined experience of the predecessor and successor. Nothing in this subparagraph shall be construed to authorize or require the refund of any sums lawfully paid into the trust fund created by Section 9 (a), or to otherwise use any of the same except to pay compensation benefits, 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: (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. Transfer of records to entity acquiring part of business. Section 20. Except as otherwise provided in the context hereof, this Act shall be effective on the first day of the first calendar quarter immediately following its passage. Effective date. Section 21. All laws and parts of laws in conflict with this act be and are hereby repealed. Approved February 1, 1950. PEACE OFFICERS ANNUITY AND BENEFIT FUND. No. 532 (House Bill No. 273). An Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; To provide for a commission to receive and disburse such funds; To provide for a method of payment

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of such fund to beneficiaries 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 in order to carry out the provisions of this Act and to perform the duties fixed by this Act, there is hereby created a Board to be known as the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia, and hereinafter referred to as the Board or Board of Commissioners, said Board shall consist of the Governor, Attorney General, Comptroller General, President of the Peace Officers Association of Georgia and one member of the Peace Officers Association of Georgia. To complete the organization of the Board in the first instance, the Peace Officer shall be appointed by the Executive Committee of the Peace Officers Association of Georgia, and the one so appointed shall serve until their successors are elected by the Peace Officers Association of Georgia at its next regular convention. The members elected by the Peace Officers Association at its regular convention shall take office January 1st next after their election. The term of office of the members of the Board except the Governor, Attorney General, Comptroller General and President of the Peace Officers Association, shall be for a period of two years and all of said members shall serve without pay. Provided all Board members shall be reimbursed for their actual expenses in attending the meeting of the Board. Board of Commissioners. Section 2. That within thirty days after the passage of this Act, or as soon thereafter as is practical, the organization of said Board shall be perfected by the election from its members of a chairman and vice chairman. A majority of the members of said Board shall constitute a quorum for the purpose of transacting all business that may come before the Board. Section 3. There is hereby created an office to be known as Secretary-Treasurer, of the Peace Officers Annuity and Benefit Fund of Georgia, who shall be selected and appointed by the Board, and he shall serve during the pleasure of the Board. He shall receive such compensation for his services as shall be fixed by the Board not to exceed $4800. (Forty-eight hundred) dollars annually. Said Secretary-Treasurer as elected shall have such power and authority as may be given him by the Board and shall perform such services as the Board may direct. Secretary-Treasurer.

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Section 4. The Board of Commissioners, as provided herein, shall have such control of the funds provided for in this Act, not inconsistent with the provisions of this Act and with general State laws. All funds received by the Board of Commissioners shall be deposited in a special account to be known as the Peace Officers Annuity and Benefit Fund of Georgia. The said Board shall have authority to expend the funds in accordance with provisions of this act, and to invest any of the funds so received in any investments, which are legal investments, for trust funds under the laws of the State of Georgia. Funds. Section 5. The Board of Commissioners hereby created and established are given the following powers and duties; to provide for the collection of all money provided in this Act; to provide for the payment of all administrative expenses; to hear and decide all applications for annuities and benefits provided for under this Act; to provide for the payment of all benefits and annuities that may be determined to be due under the rules and regulations as adopted by the Board; to make all necessary rules and regulations not inconsistent with the laws of the State of Georgia, for its government and for the government of the employees, employed to administer the provisions of this Act; to determine and fix rules of eligibility of persons to receive benefits and annuities under the provisions of this Act; to make provisions of refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings and proceedings; and all other powers necessary for the proper administration of the provisions of this Act. Powers and duties of Board. Section 6. It shall further be the duty of said Board to keep permanent records of all its Acts in granting of annuities and/or benefits. Such records shall give the name, date of beginning of his or her service as a peace officer, date of his or her incapacity and the reason therefor, together with such other information as shall be deemed necessary by the Board to proper determination of such application. All records, papers and other data shall be carefully preserved and turned over to the succeeding officers or Board members. Records. Section 7. That the Board may take by gift, grant, devise or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said fund in accordance with the provisions of this Act. Donations, etc.

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Section 8. The term peace officer, as used in this Act, shall mean all peace officers who are employed by the State of Georgia, or any subdivision, or municipality thereof, who are required by the term of their employment, whether by election or appointment, to give their full time to the preservation of public order, or the protection of life and property, or the detection of crime in the State of Georgia, or any political subdivision or municipality thereof, and shall include all convict guards and wardens of county or state camps shall be entitled to all the benefits, privileges and responsibilities provided under this Act. Provided that any person coming within the meaning of the word peace officer as herein defined shall be eligible to membership in the Peace Officers Association of Georgia. The word income, as the term shall be used in this Act, shall be construed to mean any and all income received by such peace officer for service rendered as fixed salary and/or subsistence, or fixed salary and fees, or fees only, as the case may be. The word service, as the term shall be used in this Act to determine the amount of benefits due the beneficiary under the provisions of this Act, shall be construed to mean the total number of years in the aggregate actually served by the said peace officer computed from the date that said officer began his or her duties for the State of Georgia, political subdivision, or municipality thereof. Definitions. Peace officer. Income. Service. Section 9. Peace officers are herein defined and who are eligible to receive benefits under this Act, shall make application to the Peace Officers Annuity and Benefit Fund of Georgia upon blanks to be furnished for that purpose by the Board of Commissioners, giving such information as may be required by the Board, and shall pay a monthly sum into the Peace Officers Annuity and Benefit Fund of Georgia equal to 2% of the money received as their fixed salary and/or subsistence, or fixed salary and fees, or fees only. Provided, that no peace officer shall pay more than $4.50 per month. All applicants shall furnish the Board under oath with a statement of their monthly earnings and shall remit to the said Board not later than the 10th of each subsequent month the amount due hereunder. And provided further that any peace officer in the State of Georgia as defined in Section 8 hereof, shall be eligible for membership in the Peace Officers Annuity and Benefit Fund of Georgia. Nothing herein contained shall be construed so as

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to prevent any peace officer from withdrawing from his present pension system and joining the one herein created. Applications for participation. Deductions. Section 10. That in all criminal and quasi-criminal cases for violating State statutes or municipal ordinances, tried in any court or tribunal in the State of Georgia, wherein a fine is collected in an amount of $5.00 or more for the violation of a State statute or city ordinance or wherein a bond is forfeited and the result of the forfeiture is a final disposition of the case the sum of $1.00 for each case so disposed of shall be paid to the Treasurer of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia on the first day of each month thereafter by the person or authorities collecting the same. It shall be the duty of the clerk or other authority collecting the said monies to keep accurate records of the amounts due the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia so that the same may be audited at any time by any duly constituted authority. The sums remitted to the Treasurer of the Board of Commissioners under this provision shall be used as provided for elsewhere in this Act. Fines and forfeitures. Section 11. That the money so paid into the hands of the Treasurer of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia herein provided, shall be used for the following purposes: Upon proper application being presented by a peace officer upon a form to be provided by the said Board for annuities and/or benefits and approval thereof granted by the Board, the Treasurer of the Board shall thereupon pay to such applicant a monthly sum of 60% of the average monthly salary or income received by such applicant over a period of three years immediately prior to making application therefor; provided, however, that said applicant has had twenty (20) years' service as a peace officer in Georgia; the sum of 70% of the average monthly salary or income received by applicant over the three year period immediately prior to making such application, provided such applicant shall have served twenty-five (25) years as a peace officer in the State of Georgia; and the sum of 80% of the average monthly salary or income received by such applicant over the three year period immediately prior to making application therefor, provided said applicant has had thirty (30) years of service as a peace

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officer in the State of Georgia. No person shall be eligible for benefits hereunder until his or her official duties shall have terminated unless otherwise provided for in this Act, and unless he or she shall file application within ninety (90) days, or as soon thereafter as possible, from the time of termination of his or her official duties as such officer in the State of Georgia and is at least 60 years of age at the time such application is made, and provided further that in no case shall the annuity payable under this section exceed the sum of one hundred dollars per month. Benefits. Eligibility requirements. Section 12. Any peace officer subject to the provisions of this Act, upon becoming totally or permanently disabled after having served continuously for a period of one year or more as a peace officer in the State of Georgia, next preceding the date of such disability, shall be entitled to be paid monthly as such disability continues, by the Treasurer of the Board of Commissioners, upon proper application being made therefor, a percentage of the average monthly salary or income received by such officer over a period of time as hereinafter provided. Such percentage shall be based upon the number of years of continuous service rendered by the applicant as a peace officer in the State of Georgia as follows: Disability benefits. For continuous service of one (1) year and less than two (2) years, twelve (12) per cent of such average monthly salary or income; For continuous service of two (2) years and less than three (3) years, twenty-four (24) per cent of such average monthly salary or income; For continuous service of three (3) years and less than four (4) years, thirty-six (36) per cent of such average monthly salary or income; For continuous service of four (4) years and less than five (5) years, forty-eight (48) per cent of such average monthly salary or income; For continuous service of at least five (5) years or more, sixty (60) per cent of such average monthly salary or income.

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Any peace officer disabled in line of duty during the first year as a peace officer shall receive 12% of his average monthly salary during such period of disability. Provided, however, that in no case shall the disability benefits under this section exceed the sum of one hundred dollars ($100.00) per month, and provided further that the Board shall fix the minimum amounts to be paid under this Act. Section 13. Any peace officer who shall have served continuously as an active peace officer in the State of Georgia for a period of at least one (1) year and who shall be otherwise subject to the provisions of this Act, shall be issued a certificate by the Board of Commissioners upon application therefor, whereby the Board shall agree to pay a sum of money to designated beneficiary, upon the death of such officer. The amount agreed to be paid shall be based upon the number of years of continuous service rendered by such peace officer in Georgia, as follows: Death benefits. For continuous service of (1) year and less than two (2) years, the sum of two hundred dollars ($200); For continuous service of two (2) years and less than three (3) years, the sum of four hundred dollars ($400); For continuous service of three (3) years and less than four (4) years, the sum of six hundred dollars ($600); For continuous service of four (4) years and less than five (5) years, the sum of eight hundred dollars ($800); For continuous service of five (5) years or more, the sum of one thousand dollars ($1000). Provided further, if any officer is killed in the discharge of duty his beneficiary shall receive the sum of $2,000.00 death benefit regardless of the length of service. Section 14. In the event that the amount derived from the different sources provided in this Act shall not be sufficient at any time to enable the said Board to pay each person determined to be entitled to the benefits thereof, in full, the annuities and benefits provided, then the prorated percentage of such monthly payment or payments shall be made to each beneficiary to continue until said fund shall be replenished sufficiently

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to warrant the resumption thereafter of such annuities or benefits to each of said beneficiaries in accordance with the scale herein set forth; provided, however, that in no such event shall the Board, or any member thereof, be liable to any beneficiary or the representatives of any beneficiary for any deficiencies in payments made as provided by this section. If funds insufficient. Section 15. The State Auditor is hereby authorized and directed to make an annual audit of the acts and doings of this Board and to make a complete report of same to the legislature of Georgia. Said report shall disclose all monies received by the Board, and all expenditures made by the Board including administrative expense and payments made as annuities and benefits. He shall also make an audit of the said affairs of the Board at any time requested by a majority of the Board of Commissioners. Audits. Section 16. The Treasurer of the Board shall give a good and sufficient surety bond in such an amount as may be determined by the Board and such surety bond shall be conditioned upon the proper and faithful performance of his duties as such Treasurer. The Treasurer shall make quarterly reports to the Board of Commissioners showing the total amount of money in his hands at the time of making such report and also show a full accounting of receipts and expenditures since his last quarterly report. Treasurer's bond. Reports. Section 17. The provisions for benefits and annuities herein contained shall not become operative until after the funds necessary to carry out the provisions of this Act shall have been provided. All claims for annuities or benefits arising before such funds are made available shall not be covered this Act and the Board is hereby directed not to pay any annuities or benefits based upon any such claim, but for the purpose of computing the length of service under this Act the Board shall be authorized to include the period of time elapsing between the effective date of this Act and the date that it becomes operative. When operative as to benefits. Section 18. All rights and benefits provided herein shall be subject to future legislative change or revision and no beneficiary herein provided for shall be deemed to have any vested right to any annuities or benefits provided herein.

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Section 19. Funds not assignable. Be it further enacted that none of the funds herein mentioned and provided for shall be subject to attachment, garnishment, or judgments rendered against the beneficiary entitled to receive the same; nor shall the same be assignable; but shall be paid directly to the beneficiary herein provided for. Benefits not subject to attachment, etc. Not assignable. Section 20. Partial invalidity. If any clause, sentence, paragraph or part of this Act shall for any reason be adjudged by any court or competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined, in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered. If part invalid. Section 21. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 22. This Act shall take effect upon its passage by the General Assembly and approval of the Governor. Effective date. Approved February 1, 1950. UNAUTHORIZED INSURERS PROCESS ACT. No. 533 (House Bill No. 311). An Act relating to insurers not authorized to transact business in this State; providing for actions in this State against and for the service of process upon such insurers prescribing how a defense may be made by such insurers; and providing for the allowance of attorney's fees in actions against such insurers; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. The purpose of this Act is to subject certain insurers to the jurisdiction of courts of this State in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this State hold policies of insurance issued or delivered in this State by insurers while not authorized to

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do business in this State, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such State interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this State, and also exercises powers and privileges available to the State by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several States. Legislative intent. Section 2. Be it further enacted, that any of the following acts in this State, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (a) the issuance or delivery of contracts of insurance to residents of this State or to corporations authorized to do business therein, (b) the solicitation of applications for such contracts, (c) the collection of premiums, membership fees, assessments or other considerations for such contracts, or (d) any other transaction of business is equivalent to and shall constitute an appointment by such insurer of the Insurance Commissioner and his successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contracts of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this State upon such insurer. Acts equivalent to appointment of Insurance Commissioner as attorney to receive service. Section 3. Be it further enacted, that such service shall be made by delivering to and leaving with the Insurance Commissioner or some person in apparent charge of his office two copies of the suit and process. The Insurance Commissioner shall forthwith mail by registered mail one of the copies of such suit and process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon him. Such service is sufficient, provided notice of such service and a copy of the suit and process are sent within ten days thereafter by registered mail by plaintiff or plaintiff's

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attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the postoffice with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith, are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow. How service to be perfected. Section 4. Be it further enacted, that service of process in any such action, suit or proceeding shall, in addition to the manner provided in Section three of this Act, be valid if served upon any person within this State who, in this State on behalf of such insurer, is Service on agent. (a) soliciting insurance, or (b) making, issuing or delivering any contract of insurance, or (c) collecting or receiving any premium, membership fee, assessment or other consideration for insurance; and a copy of such process is sent within ten days thereafter by registered mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the postoffice with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow. Section 5. Be it further enacted, that no plaintiff or complainant shall be entitled to a judgment by default, or a judgment with leave to prove damages under this section until the expiration of thirty days from date of the filing of the affidavit of compliance. Default judgment. Section 6. Be it further enacted, that nothing in this law contained shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law. Provisions cumulative.

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Section 7. Be it further enacted, that: (1) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall either (a) deposit with the clerk of the court in which such action, suit or proceeding is pending, cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; or (b) procure a certificate of authority to transact the business of insurance in this State. Requirements precedent to pleadings in defense. (2) The court in any action, suit or proceeding in which service is made in the manner provided in Sections Three or Four herein, in its discretion, may order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of Subsection (1) of this section and to defend such action. (3) Nothing in Subsection (1) of this section is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in Sections Three or Four of this Act on the ground either (a) that such unauthorized insurer has not done any of the acts enumerated in Section Two or (b) that the person on whom service was made pursuant to Section Four hereof, was not doing any of the acts therein enumerated. Section 8. Be it further enacted, that in any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this State to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one-half percent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event

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shall such fee be less than twenty-five dollars. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause. Attorney's fees. Section 9. Be it further enacted, that if any provision of this Act, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. If part invalid. Section 10. Be it further enacted, that this act may be cited as the Unauthorized Insurers Process Act. Section 11. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved January 26, 1950. STATE HIGHWAY BOARD. No. 536 (Senate Bill No. 34). An Act to repeal an Act approved March 17, 1943 (Georgia Laws, 1943, pp. 216-222); to create the offices of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department; to prescribe the duties and powers, compensation and tenure; to provide for the management of county road mileage and the determination thereof; to provide for the distribution of funds to the counties for construction and maintenance of county roads and bridges exclusively; to provide distribution of Federal aid primary and Federal aid secondary highway funds to congressional districts and cities; to provide long-range planning for construction and paving State highway roads and bridges not on the Federal aid highway system; to prescribe venue and service for suits against said State Highway Department; to prescribe penalties; 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. Repeal of previous law creating State Highway Commission, etc. The Act approved March 17, 1943 (Ga. Laws 1943, pp. 216-222), creating a State Highway Commission, a State Highway Director, a Treasurer of the State Highway Department, providing for their appointment, terms of office, powers, duties and compensation, and relating to actions against and contracts of the State Highway Department, be, and the same is hereby repealed, and the State Highway Commission, the State Highway Director and the Treasurer of the State Highway Department appointed under and by virtue of said Act and the offices thereunder are hereby abolished and the term, tenure and prerequisite of each are hereby terminated. Act of 1943 repealed. Section 2. Repeal of previous law not to be construed to restore State Highway Board. The repeal of said Act approved March 17, 1943 (Ga. Laws 1943, pp. 216-222), creating a State Highway Commission, a State Highway Director, a Treasurer of the State Highway Department, providing for their appointment, terms of office, powers, duties and compensation, and relating to actions against and contracts of the State Highway Department shall not be construed to reinstate or restore the Act approved January 30, 1941 (Ga. Laws 1941, pp. 290-291), creating a State Highway Board, providing for its membership, terms of office, powers, duties and compensation. Act of 1941 not restored. Section 3. Management and control of State Highway Department. The State Highway Department as created and provided for in Title 95, Part IV, of the Code of Georgia of 1933, and Acts amendatory thereof, shall be managed and controlled in the manner hereinafter provided. Section 4. The State Highway Board; terms; vacancies. There is hereby created a State Highway Board, composed of three members, and the first three members shall be elected by a majority vote of the legislature, upon the passage and approval of this Act. One member shall be elected by the members of the legislature from the 1st, 2nd and 8th Congressional Districts in the State of Georgia, which districts shall be denominated the Southern Highway District and he shall be elected for a term of six years. One member shall be elected by the members of the legislature from the 3rd, 4th, 6th and 10th, Congressional Districts in the State of Georgia, which districts shall be denominated the Central State Highway District, and

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he shall be elected for a term of four years. One member shall be elected by members of the legislature from the 5th, 7th and 9th Congressional Districts in the State of Georgia, which district shall be denominated the Northern State Highway District of Georgia and he shall be elected for a term of two years. Thereafter the terms of the members of the State Highway Board shall be six years, each dating from the expiration of the first terms, or from a subsequent six year term, and election for Board members shall be held by members of the General Assembly at regular session, at the session preceding the expiration of the terms of Board members in the manner hereinafter provided. After the first election, all members of the State Highway Board shall be elected by a majority vote of the members of the General Assembly from each Highway District herein created. Each member of the legislature shall have one vote at the caucus to be held as herein provided in electing the member of the Board from each district of the State. A caucus shall be called by the Speaker of the House of Representatives and the President of the Senate of the State of Georgia within the first ten days of the convening of the General Assembly of the State of Georgia in regular session. Written notice shall be mailed to the members of the General Assembly of the State of Georgia at least two days prior to the date of said caucus. The caucus at which the election of each highway district member shall be held shall be convened in three separate places, to be designated at the State Capitol, but on the same day and at the same time. In the event that the caucus fails to elect said member of the State Highway Board for said district, then the members of the General Assembly from such district shall elect a Board member from such district under rules to be prescribed by the General Assembly of the State of Georgia. Within fifteen days after the election of the State Highway Board member, the Speaker of the House of Representatives and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State, who upon receipt of such notice and execution of the oath of office by such elected member shall issue a commission thereon. All Board members shall hold office until their successors are elected and qualified. Vacancies occurring when the General Assembly is not in session shall be filled by the Governor until the next meeting of the General Assembly of

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the State of Georgia, by appointment of a resident of the same highway district to serve until the meeting of and election by members of the General Assembly at its next session, in the same manner as members are elected for a regular term, to fill the unexpired term. Members. Districts. Terms. Election. Vacancies. Upon election and qualification each member of the State Highway Board shall give a bond with duly licensed corporate surety in the sum of $50,000, each, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office as provided in this Act. The premium of such bond shall be paid from funds of the State Highway Department. Any Board member violating the provisions of this Act as shown by the minutes and records of the State Highway Department shall be guilty of misdemeanor and punished as such. Bond. The first three board members provided for herein shall be elected by the General Assembly by joint resolution and a member shall be named from each of the road districts provided for herein. Said election shall be promptly after the passage of this Act. Section 5. Compensation. The Members of the State Highway Board shall be full-time officers of the State of Georgia, whose compensation shall be $9,000 each annually, which salary, shall be paid semi-monthly or monthly. The members of the State Highway Board shall at their first meeting elect a Chairman by a majority vote of the Board members present. Thereafter, a Chairman shall be elected biennially by a majority vote of the Board members present. Compensation. Members of the said Board and the Treasurer of the State Highway Board shall receive their actual necessary expenses incurred while engaged in the work of the said Board. Section 6. Powers and duties of State Highway Board. The State Highway Board shall be charged with the general duties, management and control of the State Highway Department, State highways, the State highway system of roads and bridges, and the State highway funds, subject, however, to such delegation thereof as may by this Act be given to and vested in the Chairman of the State Highway Board. Powers and duties.

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Section 7. Treasurer of the State Highway Department: Appointment; term; compensation; powers and duties. There is hereby created the Office of Treasurer of the State Highway Department. Such Treasurer shall be appointed by a majority of the State Highway Board to serve at the pleasure of such Board at a salary not to exceed $7,500 per annum, payable monthly or semi-monthly. He shall be a citizen of the State of Georgia and upon appointment and qualification shall give bond with a licensed corporate surety in such sum as the State Highway Board by resolution shall prescribe payable to the Governor and his successors in office, and to be approved by the Governor and conditioned to faithfully discharge the duties of the office. The premium for said bond shall be paid out of the funds of the State Highway Department. Immediately upon the appointment and qualification of the Treasurer of the State Highway Department he shall enter upon his duties which shall be to receive and receipt for all funds from all sources to which the State Highway Department is entitled, and to perform such other duties as may be required of him by the Chairman of the State Highway Board. Treasurer. Section 8. Inspectors shall be employed by the Chairman of the State Highway Board, with the approval of a majority of the State Highway Board, to serve at the pleasure of the Board. The number and salaries are to be fixed and defined by the Highway Board. Said inspectors, among their other powers and duties, shall be charged with the duty of going into the several counties of this State to measure and report to the State Highway Board the correct mileage of all county roads, being maintained by the county, and the correct mileage of all roads in the county, which are a part of the State highway system mileage and being maintained by the State Highway Department. The inspectors shall contact the proper authority in charge of roads in each county and offer and demand that they furnish a representative of the county to go with the inspector to see that every mile of roads in the county, being maintained by the county, is included in the measurement. Private driveways, roads not used by the public, roads and bridges that have been abandoned and roads and bridges in towns and cities of 5,000 or more population shall not be included in the measurement for determination of mileage in the county, except State highway system mileage that enter into

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or go through a town or city of 5,000 or more population. The results of the measurement of the mileage of roads and bridges in each county shall become fixed and frozen for a period of four years, with re-measurements to be made every four years under the same plan of procedure. In case of a disagreement between the inspector and the county authority as to the correct mileage of any roads and bridges, the matter shall be referred to the State Highway Board, whose decision as to facts thereof shall be final. All such measurements of mileage by the inspectors shall be reported to the State Highway Board, who shall, upon consideration thereof, make a determination by resolution to be spread upon the minutes of said Highway Board of the correct mileage so found. Inspectors. Measure and report of present mileage. The present State highway system mileage, known as State-Aid roads, as shown by the records of the State Highway Department at the time of the passage of this Act, shall remain on the State highway system mileage and be maintained by the State Highway Department. State-Aid roads. The remaining balance of one-sixth of the total miles of all secondary roads and bridges in each county, that are not constructed, paved and completed, that are being maintained by the State Highway Department and county, in all counties of the State, shall be designated for construction, paving and completion. No additional secondary mileage shall be designated for construction, paving and completion, until ninety-five percent of one-sixth of the total miles of all secondary roads and bridges in the State, that are being maintained by the State Highway Department and all counties of the State shall have been constructed, paved and completed. Upon the completion of the construction, paving and completion of ninety-five percent of one-sixth of the above designated miles of secondary roads and bridges, that are being maintained by the State Highway Department and all counties of the State, an additional one percent of the county road mileage, that are being maintained by all counties of the State shall be designated for construction, paving and completion. Thereafter, whenever ninety-five percent of the designated mileage shall have been constructed, paved and completed, an additional one percent of the county road mileage, being maintained by all counties of the State, shall be designated for construction,

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paving and completion under the same plan of procedure as outlined heretofore in this section. Secondary roads and bridges. The State Highway Board shall have the right to substitute and relocate any or all of said State highway system mileage, in any and all counties, in building new roads and bridges or improving the State highway system roads and bridges in any and all counties of the State, keeping in view only, the prevailing fixed State highway system mileage and control points. In relocating, re-surveying and substituting any road, bridge or right of way on the State highway system, the State Highway Board shall confer with the ordinary or county commissioner, as the case may be, and give due consideration to their wishes in the re-location and substitution, but in case of disagreement, the judgment of the State Highway Board shall prevail. Power of Board to substitute and relocate. The Federal-Aid urban apportionment to the State of Georgia, matched with an equal amount of State funds, for constructing, paving, and improving Federal-Aid urban highway system roads and bridges in towns and cities of 5,000 or more population shall be used exclusively for planning, surveying, constructing, paving and improving Federal-Aid urban highway system roads and bridges where most needed in the judgment and discretion of the State Highway Board or a majority thereof. Federal-Aid urban apportionment. The Federal-Aid primary apportionment to the State of Georgia, matched with an equal amount of State funds, for constructing, paving and improving Federal-Aid primary highway system roads and bridges shall be used exclusively for planning, surveying, constructing, paving and improving Federal-Aid primary system roads and bridges where most needed in the judgment and discretion of the State Highway Board or a majority thereof. Federal-Aid primary apportionment. The Federal-Aid secondary apportionment to the State of Georgia, matched with an equal amount of State funds, for constructing, paving and improving Federal-Aid secondary highway system roads and bridges shall be used exclusively for planning, surveying, constructing, paving and improving Federal-Aid secondary roads and bridges. Federal-Aid secondary apportionment. The planning, surveying, construction, paving and improvement of Federal-Aid secondary roads and bridges shall begin in the counties of the State which have the lowest percentage in

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miles of paved roads and bridges within the county as shown by the measurement provided for heretofore in this Act. The mileage shall be figured on the basis that the percentage and proportion that the total miles of all roads in each county, that is being maintained by the State Highway Department and each county of the State shall bear to the total miles of all roads that are being maintained by the State Highway Department and all counties in the whole State. At the end of each fiscal year these percentages shall be compiled and re-established and the planning, surveying, paving and improvement shall begin or continue in the counties which then have the lowest percentage in miles of paved roads and bridges within the county at the time of compilation and re-establishment under the same formula and procedure as outlined heretofore in this section. Federal-Aid secondary roads and bridges. The Division of Planning, in conjunction with other engineering and design divisions of the State Highway Department, conferring with a representative or representatives of the U. S. Public Roads Administration in matters involving Federal funds, shall prepare long-range biennial programs of improvements to be made under Federal-Aid urban, Federal-Aid primary, Federal-Aid secondary and State classifications. The programs shall be flexible and shall constitute the basis for setting up biennial programs of improvement work. All long range biennial programs, and all contract lettings shall have the approval of the State Highway Board or a majority thereof. The Board shall so arrange the surveys and drawings and the appropriate specifications shall be made available from among the projects in the approved programs in such scope, amount and classes as would provide a full year of work under the fund allocation available at the time. Biennial programs. The type, class, width, location and order of priority of projects included in the biennial programs shall be determined according to present and anticipated development of the areas traversed by the roads and bridges. Nothing in this section is intended to conflict with any Federal law, and in any case of any such conflict, such portion as may be in conflict with such Federal law is hereby declared of no effect to the extent of the conflict. No conflict with Federal laws. After the necessary funds have been set aside for operating

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the State Highway Department for maintaining State highway system roads and bridges (in which are included Federal-Aid highway system roads and bridges), for paying the counties $4,817,013.03 for constructing and maintaining county roads and bridges, for matching Federal-Aid apportionment to the State of Georgia for constructing, paving and improving Federal-Aid highway system roads and bridges in full and for any emergencies or unusual situations, the balance of the remaining available State Highway funds shall be used for the construction, hard-surfacing and improving secondary roads and bridges not on the Federal-Aid State highway system. Funds for secondary roads and bridges. The construction, hard-surfacing and improvement shall begin in the counties of the State which have the lowest percentage in miles of paved roads and bridges within the county at the time of the completion of the measurement as provided for heretofore in this Act. The mileage shall be figured on the basis that the percentage and proportion that the total miles of all roads and bridges in each county, that is being maintained by the State Highway Department and each county shall bear to the total miles of all roads and bridges being maintained by the State Highway Department and all counties of the whole State. At the end of each fiscal year these percentages shall be compiled and re-established and the planning, surveying, hard-surfacing and improvements shall begin or continue in the counties which then have the lowest percentage in miles of hard-surfaced roads and bridges within the county at the time of compilation and re-establishment under the same formula and procedure as outlined heretofore in this section. Section 9. The provisions of Section 8 of this bill shall not apply for the present fiscal year or to any plans or programs of the State Highway Department which have been approved prior to the 25th day of January, 1950. When applicable. Section 10. Suits: venue: service. All suits brought either by or against the State Highway Department shall be brought in the name of State Highway Department of Georgia. All suits brought ex contractu by or against the State Highway Department of Georgia shall be brought in the county where the contract is to be or has been performed. All suits brought

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ex delicto shall be brought in the county in which the cause of action arose. Service upon said Department shall be sufficient by serving a second original process issued from the county where the suit is filed upon the Chairman of the Highway Board personally, or by leaving a copy of same in the State Highway Building, No. 2, Capitol Square, Southwest, Atlanta 3, Georgia. Suits. Venue. Service. Section 11. Acts prohibited: penalty. It shall be unlawful for any member of the State Highway Board, or the Chairman of the State Highway Board, or any officer or employee of the State Highway Department to contract to buy from or sell to, the State Highway Department any real or personal property of any kind, when such purchase or sale would benefit or be likely to benefit such member, officer or employee, or any firm or corporation in which he is or may be interested as a stockholder, partner, sharer, or beneficiary. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor and punished as such. Prohibited acts. Section 12. Power to contract debts prohibited: purchasing of materials, equipment and supplies. The State Highway Board in the administration of the State Highway Department is hereby expressly prohibited from making or contracting any debts or entering into any contract, for which it does not have funds on hand to pay at the time of making said debt or entering said contract. The Chairman of the Highway Board shall advertise for competitive bids on all road contracts, bridge contracts, and all other contracts, involving funds amounting to $1,000.00 or more, all of which must be approved by the State Highway Board or a majority thereof and no contract shall be made or let without two or more bids from reliable individuals, firms or corporations, except contracts with political subdivisions of the State which shall be let to political subdivisions at the average bid price of the same kind of work let to contract after advertisement during the period of sixty days prior to the letting of the contract, and nothing contained in this section shall vary or change the formula for secondary roads provided elsewhere in this Act. Contracts. Purchases. Section 13. Employment of personnel by State Highway Board. The Chairman of the State Highway Board with

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the approval of a majority of the State Highway Board is authorized to employ such personnel as he deems necessary to carry on the operation of the State Highway Board, or approved by the Board, who is not related within the third degree of consanguinity to the Chairman of the State Highway Board or any member of the State Highway Board. Personnel. Section 14. Nothing in this Act shall be construed as in anywise repealing, amending, or altering the Merit Act passed by the General Assembly of the State of Georgia at the 1949 Session thereof creating a Merit System for the personnel of the State Highway Department. Merit System. Section 15. It is the expressed legislative intent to remove the State Highway Department from the gubernatorial campaign of the State of Georgia, and to assure a business-like administration of the affairs of the State Highway Department. Legislative intent. Section 16. All laws and parts of laws of this State in conflict with any part of this Act are hereby repealed. Approved February 2, 1950. WORKMEN'S COMPENSATION BOARDCOMPENSATION OF CHAIRMAN AND MEMBERS. No. 537 (House Bill No. 361). An Act to repeal the Act of the General Assembly of Georgia approved February 14, 1938 (Georgia Laws, Extraordinary Session, 1937-1938, p. 338) fixing the compensation of the Chairman and each of the members of the Industrial Board; to repeal the Act of the General Assembly approved January 30, 1946 (Georgia Laws, 1946, p. 28), fixing the compensation for the Chairman and each of the members of the State Board of Workmen's Compensation; to amend the Act approved February 8, 1943 (Georgia Laws, 1943, pp. 167-170 inclusive) wherein the compensation of the Chairman and the members of the Board of Workmen's Compensation is fixed, by striking the figures $5,000.00 where the same appears

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in the last sentence of Section 3 of said Act and inserting in lieu thereof the figures 7,500.00, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved February 14, 1938 (Georgia Laws, Extraordinary Session, 1937-38, p. 338) be and the same is hereby repealed in its entirety. Act of 1938 repealed. Section 2. Be it further enacted that the Act approved January 30, 1946 (Georgia Laws, 1946, p. 28) be and the same is hereby repealed in its entirety. Act of 1946 repealed. Section 3. Be it further enacted that the Act approved Feb. 8, 1943 (Georgia Laws, 1943, pp. 167-170 inclusive) be amended by striking the figures $5,000.00 where the same appears in the last sentence of Section 3 of said Act, and inserting in lieu thereof the figures $7,500.00, so that the said sentence of said Section 3 of said Act when amended shall read as follows: Act of 1943 amended. The Chairman of such Board shall receive as compensation for his services the sum of $7,500.00 per year, payable monthly, and each of the two remaining members of said Board shall receive as compensation for their services the sum of $7,500.00 per year, payable monthly. Compensation. Section 4. Be it further enacted that this Act shall become effective on its approval. Section 5. Be it further enacted that all laws in conflict herewith be and the same are hereby repealed. Approved February 3, 1950. PHOTOSTATIC AND PHOTOGRAPHIC REPRODUCTIONS AS EVIDENCE. No. 540 (House Bill No. 837). An Act to make any photostatic, micro-photographic or photographic reproduction of any writing or record admissible as evidence; to prescribe rules with reference thereto; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That any photostatic or micro-photographic or photographic reproduction of any original writing or record which may be or has been made in the regular course of business to preserve permanently by such reproduction the writing or record shall be admissible in evidence in any proceeding in any court of this State, and in any proceeding before any Board, Bureau, Department, Commission or Agency of the State, in lieu of and without accounting for the original of such writing or record. Any enlargement or facsimile of such reproduction shall likewise be admissible if the original of such reproduction is in existence and available for inspection under direction of the court or the agency conducting the proceeding. Photostatic, photographic, etc., reproductions. Enlargement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1950. INCOME TAXESINTANGIBLE PERSONAL PROPERTY OF TRUSTS. No. 542 (House Bill No. 274). An Act to amend an Act entitled An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; etc., approved December 27, 1937; to provide that intangible property belonging to a trust which is exempt from Federal income taxes under Section 165 (a) of the Internal Revenue Code shall not be taxable: and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. Section 4 (a) of the Act approved December 27, 1937 (Georgia Laws, Extra Session, 1937-1938, pp. 156, 161) is amended by adding after the semicolon after the words charitable organization the words intangible personal property belonging to any trust exempt from Federal income taxes under Section 165 (a) of the Internal Revenue Code; so that said section as amended will read as follows: Act of 1937-38 amended.

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Section 4. (a) Every person owning intangible personal property, classified for taxation under the terms of Section 3 of this Act except those intangibles classified to be taxes as heretofore provided by law is hereby required to file a return thereof describing in detail each item, (including exempt as well as taxable property except obligations of the United States) with the commission at the same time and in the same manner that income tax returns are required by law to be filed. Any person required by law to file an income tax return shall file with the same as a separate schedule the return required hereunder giving a description thereof in such form as the commission may reasonably require, showing the face value of each item of such intangible personal property and such other information pertaining to said return as the commission may require. The said schedule shall be separately sworn to and shall be filed by every owner of intangible personal property listed in Section 3 irrespective of whether the said owner is required by law to file an income tax return. Provided, that intangible personal property belonging to the United States Government or to the State of Georgia or to any political sub-division thereof; intangible personal property belonging to any religious, educational or charitable organization; intangible personal property belonging to any trust exempt from Federal income taxes under Section 165 (a) of the Internal Revenue Code; non-profit co-operative association; and money belonging to persons residing outside the State of Georgia (except as provided in Section 3 (e) of this Act) shall be excluded from such sworn statement and shall not be taxable. New Sec. 4. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1950. INCOME TAXESEXEMPTION OF TRUSTS EXEMPT FROM FEDERAL TAX. Code 92-3105 Amended. No. 543 (House Bill No. 275). An Act to amend Section 92-3105 of the Code of Georgia 1933 as amended: to provide that a trust exempt from Federal

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income taxes under Section 165 (a) of the Internal Revenue Code shall be exempt from taxation under the State income tax: and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. Section 92-3105 of the Georgia Code of 1933, as heretofore amended, is hereby further amended by adding at the end of said section a new subsection (k) to read as follows: (k) Trusts exempt from Federal income taxes under Section 165 (a) of the Internal Revenue Code. so that said section as amended will read as follows: Code 92-3105 amended. 92-3105. Corporations and organizations exempt from income tax.The following organizations shall be exempt from taxation under this law. (a) Fraternal beneficiary societies, orders or associations (1) operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system, and (2) providing for the payment of life, sick, accident, or other benefits to the members of such society, order or association or their dependents. (b) Building and loan associations and cooperative banks without capital stock, organized and operated for mutual purposes and without profit. (c) Cemetery corporations, any community chest, funds, or foundations, organized and operated exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual. (d) Business leagues, chambers of commerce or boards of trade not organized for profit, and no part of the net earnings of which inures to the benefit of any private stockholder or individual. (e) Civic leagues or organizations not organized for profit, but operated exclusively for the promotion of social welfare. (f) Clubs organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, no part of the net

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earnings of which inures to the benefit of any private stockholder or member. (g) Farmers or other mutual hail, cyclone, or fire insurance companies, mutual ditch or irrigation companies, mutual or co-operative telephone companies, or like organizations of a purely local character, the income of which consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting expenses. (h) Farmers, fruit growers, or like organizations, organized and operated as sales agents for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses on the basis of the quantity of produce furnished by them. (i) Banks and trust companies, including savings banks incorporated under the banking laws of this State or of the United States, doing a general banking business. (j) Insurance companies which pay to the State a tax upon premium income. (k) Trusts exempt from Federal income taxes under Section 165 (a) of the Internal Revenue Code. New matter. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 7, 1950. GEORGIA STATE PATROLAMENDMENTS. No. 549 (House Bill No. 726). An Act to amend an Act entitled an Act to create a Department of Public Safety for Georgia, etc.; approved March 19, 1937, (Georgia Laws 1937, pages 322-355) as amended by an Act approved February 3rd, 1943, (Georgia Laws of 1943, pages 196-204) by adding after the word State, in line 22 of Section 14, Article II, the words or the Governor of the State of Georgia; and changing the period to a comma after the word case in line 25 of Section 14, Article II, and then

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adding after said word the words or in detecting and apprehending those violating any criminal law of this State, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act entitled An Act to create a Department of Public Safety for Georgia, approved March 19, 1937, (Georgia Laws 1937, pages 322-355) as amended by an Act approved February 3, 1943, (Georgia Laws of 1943, pages 196-204) be and the same is hereby amended by adding after the word State, in line 22 of Section 14, Article II the words or the Governor of the State of Georgia; and changing the period to a comma after the word case, in line 25 of Section 14, Article II, and then adding after said word the words or in detecting and apprehending those violating any criminal law of this State, so that said section as amended shall read as follows: Section 14. Duties of the Georgia State Patrol. It shall be the primary duty of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol, to patrol the rural and public roads and highways throughout this State, to prevent, detect and investigate criminal acts, and to arrest and apprehend those charged with committing criminal offenses appertaining thereto, and to safeguard the lives and property of the public. Duties of Georgia State Patrol. They are empowered to act in cooperation with any other law enforcement agency of this State or of any city, county or other division thereof, and shall cooperate with local authorities in preventing the commission of criminal offenses, or in detecting and apprehending those charged with offenses against the criminal laws of this, or any other State, or the United States. They shall not exercise any power of arrest except for offenses arising for violation of the traffic laws, or laws regulating the use, ownership and control of motor vehicles, or for offenses committed upon the highways of the State. Provided that upon request of the governing authorities of the municipality, or of the sheriff of any county or of the judge of the superior court of any county of this State, or the Governor of the State

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of Georgia, the Georgia State Patrol shall be authorized to render such assistance as such authorities may request in any other criminal case, or in detecting and apprehending those violating any criminal laws of this State. Arrests, etc. The Uniform Division of the Department of Public Safety shall not, however, usurp any of the duties or authority of the sheriffs of this State, or of the police of any incorporated village, town or city, but they shall have the right to make arrests within the corporate limits of any village, town or city in this State where the person or persons committing, or suspected of committing a criminal offense is a fugitive or is likely to be a fugitive on account of a crime committed and the assistance of the officers of the municipality cannot be readily obtained before the escape of the fugitive. Fugitives. The Uniform Division of the Department of Public Safety known as Georgia State Patrol shall have jurisdiction throughout the State of Georgia and in any county thereof, but they shall not exercise any power to suppress rioting or labor strikes or picketing, as provided by law within the limits of an incorporated municipality, or in any county of this State, except upon direction of the Governor of this State on request made by the governing body of such municipality or county. Jurisdiction. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 7, 1950. STATE OFFICERSPRIMARY ELECTIONS. No. 551 (House Bill No. 727). An Act to amend an Act approved August 14, 1917 (Acts 1917, pages 183 to 189 inclusive) entitled an Act to provide for nominations by political parties in this State of candidates for United States Senator, Governor, State House 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, by striking the words is hereby fixed on the second Wednesday in

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September of in lines seven and eight of Section 1, and substituting in lieu thereof the words, day shall be fixed by the State Executive Committee of the political party holding such primary election; and by striking the words the first Wednesday in October, in lines 9 and ten of Section 2, and inserting in lieu thereof the words a day fixed by the State Executive Committee of the political party holding such primary 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, as follows: Section 1. That the certain Act entitled an Act to provide for nominations by political parties in this State of candidates for United States Senator, Governor, State House Officers, Justices of the Supreme Court, and Judges of the Court of Appeals, etc., (Acts 1917, pages 183 to 189, inclusive) approved August 14, 1917, be amended by striking the words is hereby fixed on the second Wednesday in September of in lines seven and eight and substituting in lieu thereof the words: day shall be fixed by the State Executive Committee of the political party holding such primary election, so that said section as amended shall read as follows: Sec. 1, Act of 1917, amended. Section 1. Whenever any political party in this State shall hold primary election for nomination of candidates for United States Senator, Governor, State House 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 day shall be fixed by the State Executive Committee of the political party holding such primary election, each year in which there is a regular general election. Candidates for nominations to 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 should tie for the highest number of popular

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votes received, then the county unit vote of such county shall be equally divided between the candidates so tying. All such county unit votes shall within ten 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 at least one time in a newspaper published at the capital of the State, 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 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 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 are 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 for the offices named of such party; provided, that, in the event there are only two candidates for any particular office referred to in this section and it should appear, after the consolidation of all the county unit votes throughout the State, that each of said candidates have received an equal number of county unit votes, the one of said candidates who shall have received in said primary election a majority of the popular 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 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 is 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

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held as the duly nominated candidate of such party for the office named; provided, further, that if no convention of such party is 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. New Sec. 1. Primaries. How votes counted. Declaration of nominee. Ties. Section 2. That Section 2 of said Act be amended by striking the words the first Wednesday in October in lines nine and ten, and substituting in lieu thereof the words: a day fixed by the State Executive Committee of the political party holding such primary election, so that said section, as amended, shall read as follows: Sec. 2 amended. Section 2. 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 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 a day fixed by the State Executive Committee of the political party holding such primary election, following such first primary election, and in such second primary election only 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 ten days after said second primary election, and published at least one time in a newspaper published at the capital of the State within three days after the completion of such consolidation, certified under the hands and seals of said chairman or secretary; and the candidate receiving 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

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all such successful candidates are 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 for the offices named of such party; 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 the county unit votes of all the counties of the State, then 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 at said second primary election throughout the State as the regular nominee of such party for that particular office, provided, further that if no convention of such party is 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, and, provided, further, that said second primary election shall not affect the nomination 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 only be held for the purpose of deciding contest or contests for office or offices in which no candidates shall have received a majority of the county unit votes at the first primary election; provided, further, in the event there are more than two candidates in the first primary and any two candidates should tie, in said first primary, for the next or second highest number of unit votes received, the candidate receiving 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 received in said first primary, the highest number of county unit votes; and in the event of any three or more candidates should 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), receiving 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 of this Act relative to a second primary, in the event no candidate receives a majority of all of the county unit

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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 finally decide the contest for any other office named in Section 1 of this Act; and in the contest for all of said offices, except United States Senator and Governor, the candidates for such offices who 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; and 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 contest for United States Senator, and Governor) shall have received an equal number of county unit votes, then the candidate or candidates receiving the highest number of popular votes throughout the State shall, in like manner, be declared the nominee or nominees of such party for said offices, respectively; it being the intention of this proviso to this section 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 fact for the nomination to all other offices named in Section 1 of this Act. Second primary. Declaration of nominee. Ties. The date shall be fixed by the Committee at least 30 days before the date on which said primary election is to be held. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 7, 1950. OCONEE CIRCUITSOLICITOR-GENERAL'S SALARY. No. 559 (House Bill No. 756). An act to amend Section 2 of an Act approved March 18, 1933 (Ga. Laws 1933, p. 815) providing for the salary of the Solicitor-General of the Oconee Circuit and the proportion of the salary to be paid by each of the several counties composing said circuit by inserting in lieu thereof provisions to raise the

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salary of the Solicitor-General of the Oconee Circuit from the present rate of $3,400.00 per annum to the sum of $5,280.00 per annum; to raise the proportion of this amount to be contributed by each county; 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 providing for the salary of the Solicitor-General of the Oconee Circuit and the proportion of the salary to be paid by each of the several counties composing said circuit, approved March 18, 1933, (Ga. Laws 1933, p. 815) is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new section to be known as Section 2, which shall read as follows: Sec. 2 Act of 1933, amended. Section 2. The salary of the Solicitor-General of the Oconee Judicial Circuit shall be the sum of $5,400.00 per annum; which said salary herein fixed shall be paid out of the general treasury of the several counties of said circuit in the amounts as follows: Salary. Pulaski County shall pay the sum of $900.00 per annum. Bleckley County shall pay the sum of $780.00 per annum. Dodge County shall pay the sum of $900.00 per annum. Telfair County shall pay the sum of $900.00 per annum. Wheeler County shall pay the sum of $600.00 per annum. Montgomery County shall pay the sum of $720.00 per annum. Treutlen County shall pay the sum of $480.00 per annum. Amount each county to pay. And it shall be the duty of the ordinary, county commissioner or other authority having control of county matters in each of said counties to cause the part or portion of said salary so assessed against each of said counties to be paid the solicitor-general in twelve equal monthly installments in each year out of the funds of said counties, that is to say on the first of each month and upon regular county warrants issued therefor; and it is further made the duty of said ordinary, county commissioner or other authorities having control of county matters to make provision annually to pay said salary and said sums of money at the same time and in the same manner as the expenses of the superior courts are provided, and said salary is to be included by the county authorities in the sum fixed as expenses of the superior courts, in order to pay the part

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or portion of salary chargeable against their respective county as herein set forth; and the power to levy taxes, if necessary for such purpose, is hereby delegated to said counties. Said salary of $5,400.00 shall be in full payment for the services of said Solicitor-General, for all traveling and other expenses, and for all sums paid out by said Solicitor-General for clerical aid and legal assistance engaged or employed by him, except as provided in Section 5 of this Act. Taxation to cover. Georgia, Dodge County. I, E. T. Methvin, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and to all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia of 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the 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 fines, moneys, and emoluments accruing 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

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said circuit, for the purpose of paying the salary of said solicitor-general; and for other purposes, as approved March 18, 1933', so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was duly published and did appear in the Hawkinsville Dispatch News, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Hawkinsville Dispatch News in the December 22, 1949, the December 29, 1949 and January 5, 1950 issues of said Hawkinsville Dispatch News. That the said Hawkinsville Dispatch News was then and now is the newspaper in which the Sheriff of the County of Pulaski did then and now does advertise in, and that I am the publisher of the said Hawkinsville Dispatch News. That the County of Pulaski is in the locality affected by said local or special bill. Sworn to and subscribed before me this 9th day of January, 1950. (s) E. T. Methvin

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(s) Pearl P. Smith (Notarial Seal) Notary Public, Dodge County, Ga. My commission expires 7-24-53. Georgia, Bleckley County. I, E. B. Tallmadge, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to-wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and to all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia of 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the 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 fines moneys, and emoluments accruing 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 for other purposes, as approved March 18, 1933',

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so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was published and did appear in the Cochran Journal, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Cochran Journal in the December 22, 1949, the December 29, 1949 and the January 12, 1950 issues of said Cochran Journal. That the said Cochran Journal was then and now is the newspaper in which the Sheriff of the County of Bleckley did then and now does advertise in, and that I am the publisher and editor of the said Cochran Journal. That the County of Bleckley is in the locality affected by said local or special bill. Sworn to and subscribed before me this 12th day of January, 1950: (s) E. B. Tallmadge

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(s) Mrs. Charles Redmond (Notarial Seal) Notary Public, Bleckley Co., Ga. My commission expires July 20, 1951. Georgia, Dodge County. I, E. T. Methvin, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to-wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia of 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the 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 fines, moneys, and emoluments accruing 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 for other purposes, as approved March 18, 1933,

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so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was duly published and did appear in the Times-Journal, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Times-Journal in the December 22, 1949, the December 29, 1949 and the January 5, 1950 issues of said The Times-Journal. That the said The Times-Journal was then and now is the newspaper in which the Sheriff of the County of Dodge did then and now does advertise in, and that I am the editor and publisher of the said The Times-Journal. That the County of Dodge is in the locality affected by said local or special bill.

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Sworn to and subscribed before me this 9th day of January, 1950: (s) E. T. Methvin (s) Pearl P. Smith (Notarial Seal) Notary Public, Dodge County, Ga. My commission expires 7-24-53. Georgia, Telfair County. I, W. L. Bowen, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to-wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and to all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia of 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constituted 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the 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 fines, moneys, and emoluments accruing the office of the solicitor-general; to provide for the levy and collection of a tax by the

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county authorities of the various counties composing said circuit; for the purpose of paying the salary of said solicitor-general; and for other purposes, as approved March 18, 1933', so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was published and did appear in the Telfair Enterprise, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Telfair Enterprise in the December 22, 1949, December 29, 1949 and the January 5, 1950 issues of said Telfair Enterprise. That the said Telfair Enterprise was then and now is the newspaper in which the Sheriff of the County of Telfair did then and now does advertise in, and that I am the publisher and editor of the said Telfair Enterprise.

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That the County of Telfair is in the locality affected by said local or special bill. (s) W. L. Bowen Sworn to and subscribed before me this 9 day of January 1950: (s) Jno. S. Stamps (Notarial Seal) Notary Public, Telfair Co., Ga. My commission expires Nov. 18, 1950. Georgia, Wheeler County. I, W. O. Purser, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to-wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and to all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia of 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing said circuit, and upon the solicitor-general of said circuit, in

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reference to the collection, payment and disposition of all fines, moneys, and emoluments accruing 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 for other purposes, as approved March 18, 1933', so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was published and did appear in the Wheeler County Eagle, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Wheeler County Eagle in the December 22, 1940, the December 29, 1949 and the January 5, 1950 issues of said Wheeler County Eagle. That said Wheeler County Eagle was then and now is the newspaper in which the Sheriff of the County of Wheeler did then and now does advertise in, and that I am the publisher and editor of said Wheeler County Eagle.

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That the County of Wheeler is in the locality affected by said local or special bill. (s) W. O. Purser, Editor, Wheeler County Eagle Sworn to and subscribed before me this 10 day of January 1950: (s) M. A. Bomar (Seal of the Superior Court of Wheeler County, Georgia) Clerk, Superior Court, Wheeler County, Ga. Georgia, Montgomery County. I, Herman McBride, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to-wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and to all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerks of the superior courts of the counties composing

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said circuit, and upon the solicitor-general of said circuit, in reference to the collection, payment and disposition of all fines, moneys, and emoluments accruing 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 for other purposes, as approved March 18, 1933', so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was published and did appear in the Montgomery Monitor, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Montgomery Monitor in the December 22, 1949, the December 29, 1949 and the January 5, 1950 issues of said Montgomery Monitor. That the said Montgomery Monitor was then and now is the

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newspaper in which the Sheriff of the County of Montgomery did then and now does advertise in, and that I am the publisher and editor of the said Montgomery Monitor. That the County of Montgomery is in the locality affected by said local or special bill. (s) Herman McBride Sworn to and subscribed before me this 10 day of January 1950. (s) J. H. Peterson, Clerk SCMCoGa. (Seal of the Superior Court of Montgomery County, Ga.) Montgomery County, Ga. My commission expires 12-31-52. Georgia, Treutlen County. I, J. M. Lawton, after being duly sworn, say on oath as follows: That the following notice of intention to ask local legislation, to-wit: Notice of Intention to Ask Local Legislation. To the citizens of the Oconee Judicial Circuit, which said circuit is composed of the counties of Pulaski, Bleckley, Dodge, Telfair, Wheeler, Montgomery and Treutlen, and to all whom it may concern: Pursuant to Paragraph 15, Section 7, Article 3 of the Constitution of Georgia of 1945, you are hereby notified that application will be made at the 1949 adjourned session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a certain local bill, the title of which to be as follows: An Act to amend an Act entitled `An Act to abolish the fee system now existing in the superior courts of the Oconee Circuit, as applied to the office of the solicitor-general, and all fees now, heretofore or hereafter accruing to the office of the solicitor-general in said circuit, in so far as the same constitutes 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 the State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon

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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 fines, moneys, and emoluments accruing 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 for other purposes, as approved March 18, 1933', so as to change and increase the salary of the solicitor-general of said circuit, and for other purposes. This 19th day of December 1949. J. D. Nelson, Member General Assembly of Ga., from Pulaski County. Ben Jessup, Member General Assembly of Ga., from Bleckley County. Hudson Moore, Member General Assembly of Ga., from Dodge County. Jim C. Walker, Member General Assembly of Ga., from Telfair County. Wallace Adams, Member General Assembly of Ga., from Wheeler County. Chester Hilton, Member General Assembly of Ga., from Montgomery County. Hugh Gillis, Member General Assembly of Ga., from Treutlen County. was published and did appear in the Soperton News, a newspaper in which the sheriff's advertisements was then and are published, once a week for three weeks during a period of sixty (60) days immediately preceding the introduction of the local or special bill to which said notice refers, into the General Assembly of Georgia, said notice having been published and having appeared in the Soperton News in the December 22, 1949, the December 29, 1949 and the January 5, 1950 issues of said Soperton News. That said Soperton News was then and now is the newspaper in which the Sheriff of the County of Treutlen did then and now does advertise in, and that I am the publisher and editor of said Soperton News.

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That the County of Treutlen is in the locality affected by said local or special bill. (s) J. M. Lawton Sworn to and subscribed before me this 13th day of January, 1950: (s) R. A. Perry (Notarial Seal) Notary Public, Treutlen County, Ga. My commission expires 2-19-50. Approved February 7, 1950. LEGISLATIVE DEPARTMENTAPPROPRIATION. No. 560 (House Bill No. 757). An Act to amend the General Appropriations Act of 1949 (Ga. Laws, 1949, pp. 1506-1523) approved February 25, 1949, by providing in Section 1, Legislative Department, that members of the General Assembly shall be paid mileage at the rate of 10c per mile for travel to and from the Capitol in connection with adjourned sessions of the General Assembly when at least ten days intervene between the adjourned and re-convened sessions; to repeal all laws or parts of laws in conflict herewith; and for other purposes: Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that Section 1 of the General Appropriations Act of 1949 (Ga. Laws 1949, pp. 1506-1523) approved February 25, 1949, be and the same is hereby amended by adding in line three after the words regular sessions, the following: any adjourned session when as much as ten days intervene between the meetings, so that said section when amended shall read as follows: Section 1. Legislative Department $500,000.00 For compensation as fixed by law and for mileage at the rate of 10c per mile for one round trip for regular sessions,

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and adjourned sessions when as much as ten days intervene between meetings, and any and all extra-ordinary sessions of the General Assembly, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and door-keepers and other attaches of the Senate and House of Representatives, for the actual travel expense of members of legislative committees; for cost of operating the office of Lieutenant Governor authorized by law; for membership in council of State governments; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly; for publishing and distributing the Acts and Journals of the General Assembly, the Codes of Georgia and the annual report of State Auditor; and for election blanks and any other election expense; including publishing Constitutional amendments. Mileage. Other expenses. Approved February 8, 1950. FOREST FIRE PROTECTIONFUNDS FROM COUNTIES. No. 561 (House Bill No. 763). An Act to amend an Act, approved February 23, 1949 (Georgia Laws 1949, page 937) entitled An Act to provide statewide forest fire protection; for the protection and reforestation of forest land; to define forest lands and forest fires; and providing for the financing thereof; to repeal conflicting laws; and for other purposes, and authorizing agreements between counties and the State Forestry Commission together with payments by such counties for forest fire protection work where appropriations by the General Assembly are insufficient; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act entitled An Act to provide statewide forest fire protection; for the protection and reforestation of forest land; to define forest lands and forest fires; and providing for the financing thereof; to repeal conflicting laws; and for other purposes, approved February 23, 1949 (Ga Laws

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1949, p. 937) is hereby amended by striking Section 3, relating to appropriations in its entirety and inserting in lieu thereof a new section to be known as Section 3 and which shall read as follows: Sec. 3. Act of 1949, amended. Section 3. The funds required to carry out the terms and provisions of this Act and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia, may be provided from annual appropriations made by the General Assembly for this purpose. To the extent such annual appropriation shall, in the judgment of the State Forestry Commission, be inadequate or insufficient to provide forest fire protection for all counties needing or desiring such protection, then any such county may enter into an agreement with the State Forestry Commission for adequate and sufficient forest fire protection and in such an event, shall pay to the State Forestry Commission the additional funds necessary for such protection, as determined by the said Commission. Any county may levy a tax to provide the additional funds required for fire protection under this Act. Counties may supplement funds. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 7, 1950. BLUE RIDGE CIRCUITJUDGE'S SALARY. No. 568 (House Bill No. 758). An Act to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit in the amount of two thousand ($2,000.00) dollars per annum; to apportion the cost of same among the several counties of said circuit; to authorize and direct the governing authorities of said counties to pay their pro rata share of said supplement as fixed herein; to authorize and direct the cognizant governing authorities of the several counties in said circuit to levy and collect sufficient taxes in their respective counties for the purpose of paying their respective pro rata share of said supplement; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. That the ordinary, commissioner of roads and revenues, board of county commissioners of roads and revenues, advisory board, or other authority having control of the expenditures of county funds, of the counties of Cobb, Cherokee, Pickens, Fannin, Gilmer and Forsyth are hereby required to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Judicial Circuit in the following amounts: Cobb will pay the sum of $745.98; Cherokee will pay the sum of $392.29; Pickens will pay the sum of $178.07; Gilmer will pay the sum of $175.44; Fannin will pay the sum of $287.54 and Forsyth will pay the sum of $220.68 per annum. Supplement by counties, amounts. Section 2. Be it further enacted, that it shall be the duty of the ordinaries, commissioners of roads and revenues, boards of county commissioners of roads and revenues, advisory boards, or other authorities having control of county matters whose duty it is to make provisions for levying and collecting taxes for the expenses of the courts, to levy and collect sufficient taxes in their respective counties for the purpose of paying the proportion of said salary chargeable against the respective counties as herein set forth, and the power to levy and collect taxes for such purposes is hereby delegated to said counties. Taxes to cover. Section 3. Be it further enacted, that the aforesaid amounts chargeable against said counties shall be paid in equal monthly installments from the county treasury of the respective counties on the last day of each month. Payable monthly. Section 4. Be it further enacted, that this Act shall become effective on the first day of March, 1950, and in the event that any of the counties now composing the Blue Ridge Judicial Circuit cease to be a part of the said the Blue Ridge Judicial Circuit, the supplement of the said two thousand dollars herein provided shall be reduced in the amount or amounts said county, or counties as the case may be, would have paid. Effective date. Section 5. Be it further enacted, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed.

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Notice. Notice is hereby given that a bill will be introduced in the General Assembly to supplement the salary of the Judge of the Superior Courts of Blue Ridge Judicial Circuit. Georgia, Gilmer County. I, C. F. Owen, hereby certify that I am the publisher of the Ellijay Courier and that the above notice was published in said newspaper, the same being the public gazette of said county, in three separate editions of said paper, to-wit: Dec. 9, 16 and 23rd, 1949. (s) C. F. Owen Sworn to and subscribed before me this the 23rd day of Dec. 1949. (s) Bill Westmoreland Bill Westmoreland (Seal) Clerk, Superior Court Gilmer County, Ga. Notice. Notice is hereby given that a bill will be introduced in the General Assembly to supplement the salary of the Judge of the Superior Courts of the Blue Judicial Circuit. Georgia, Forsyth County. I, J. L. Reeves, hereby certify that I am the asso. editor and general manager of the Forsyth County News and that the above notice was published in said newspaper, the same being the public gazette of said county, in three separate editions of said paper, to-wit, Dec. 8, 15, and 22, 1949. (s) James L. Reeves Sworn to and subscribed to before me this the 23rd of Dec. 1949. (s) B. L. Redd, N. P. (Notarial Seal)

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Notice. Notice is hereby given that a bill will be introduced in the General Assembly in January next to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit. Georgia, Cobb County. I, Leo Aikman editor of the Cobb County Times hereby certify that I am the editor of the Cobb County Times and that the above notice was published in said newspaper, the same being the public gazette of said county in three separate editions of said paper, to-wit: Dec. 8th, 15th and 22nd, 1949. (s) Leo Aikman Sworn to and subscribed before me the undersigned officer, this the 23 of Dec. 1949. (s) Jean F. Hall, N.P. (Notarial Seal) My commission expires Jan. 12, 1953. Notice. Notice is hereby given that a bill will be introduced in General Assembly to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit. Georgia, Fannin County. I, Luther Cobb, hereby certify that I am the editor and general manager of the Fannin County Times, and that the above notice was published in said newspaper on the 8, 15 and 22nd day of December 1949, being three separate editions of said paper, and that said paper is the official gazette of said county. (s) Luther Cobb Sworn to and subscribed before me this the 2nd of Jan. 1950. (s) John R. Hayes, N.P. (Notarial Seal)

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Notice. Notice is hereby given that a bill will be introduced in the General Assembly to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit. Georgia, Pickens County. I, C. M. Edge, hereby certify that I am the editor of the Pickens County Progress, and that the above notice was published in said newspaper, the same being the public gazette of said county, in three separate editions of said paper to-wit: Dec. 8th, 15th and 22nd 1949. (s) C. M. Edge Sworn to and subscribed before me this the 4 day of Jan. 1950. (s) R. S. Turner, CSC Notice. Notice is hereby given that a bill will be introduced in the General Assembly in Jan. next to supplement the salary of the Judge of the Superior Courts of the Blue Ridge Circuit. Georgia, Cherokee County. I, R. D. Owen, one of the owners and editors of the North Georgia Tribune, do hereby certify that that above notice was published in the North Georgia Tribune, the official gazette of said county of Cherokee, in three separate editions of said paper, to-wit, on Dec. 9th, 16th and 23rd 1949. (s) R. D. Owen Sworn to and subscribed to before me this the 7 day of Jan. 1950. (s) C. B. Holcomb, CSC (Seal) Approved February 8, 1950. GRADY SUPERIOR COURTTERMS. No. 572 (House Bill No. 838). An Act to repeal an Act approved August 14, 1931 (Georgia

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Laws 1931, pages 148-149) entitled An Act to change the time of holding the Superior Court of Grady County, Georgia, so as to provide that the fall term of said court shall be held on the fourth Monday in October, instead of the first Monday in September; and for other purposes; and to provide that the fall term of Grady Superior Court shall hereafter be held on the first Monday in September; 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 change the time of holding the Superior Court of Grady County, Georgia, so as to provide that the fall term of said court shall be held on the fourth Monday in October instead of the first Monday in September; and for other purposes, be and the same is hereby repealed. Act of 1931 repealed. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act the fall term of the Superior Court of Grady County, Georgia, shall be held on the first Monday of September of each and every year. Fall term. Section 3. Be it further enacted, that all writs, orders, summons, subpoenas, bails, bonds, and all other processes and proceedings of every kind to said court and pending therein or returnable thereto shall, unless otherwise provided by law, hold good and relate to the term of the court as changed fixed, prescribed and provided by this Act. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 8, 1950. CLERKS OF COURTFEES. Code 39-705 Amended. No. 573 (House Bill No. 840). An Act to repeal Code Section 39-705 of the Code of Georgia of 1933 which reads as follows: For entering such execution as aforesaid upon the general execution docket the clerk

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shall be entitled to a fee of 10 cents, to be taxed in the bill of costs, and also a fee of ten cents for entering on the filing docket each deed or mortgage or other lien. And to enact in lieu thereof a new code section to be numbered 39-705 and to read as follows: For entering such execution as aforesaid upon the general execution docket, the clerk shall be entitled to a fee of fifty (50) cents, to be taxed in the bill of costs, and also a fee of 10 cents for each entry in the filing docket, both direct and reverse, in entering on such filing docket and index each deed or mortgage or other liens or instruments.; 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 39-705 of the Code of Georgia of 1933 which reads as follows: 39-705. For entering such execution as aforesaid upon the general execution docket the clerk shall be entitled to a fee of 10 cents, to be taxed in the bill of costs, and also a fee of 10 cents for entering on the filing docket each deed or mortgage or other lien. be and the same is hereby repealed and that a new section to be known as Section 39-705 be substituted in lieu thereof to read as follows: Code 39-705 amended. 39-705. For entering such execution as aforesaid upon the general execution docket, the clerk shall be entitled to a fee of fifty (50) cents, to be taxed in the bill of costs, and also a fee of 10 cents for each entry in the filing docket, both direct and reverse, in entering on such filing docket and index each deed or mortgage or other liens or instruments. Fees for entries on dockets. 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 February 7, 1950. EXECUTION DOCKET IN CERTAIN COUNTIES. Code 24-2714 Amended. No. 581 (House Bill No. 810). An Act to amend Subparagraph 4 of Paragraph 5 of Section 24-2714 of the 1933 Code of Georgia which provides that

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clerks of superior courts shall keep in their offices an execution docket, by adding thereto a clause making said subparagraph inapplicable to counties having a population of 300,000 or more according to the United States census of 1940 or any future census, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Subparagraph 4 of Paragraph 5 of Section 24-2714 of the 1933 Code of Georgia, be, and it hereby is amended, to-wit: by inserting after the word original at the end of the last sentence: provided, however, that this execution docket shall not be kept in any county having a population of 300,000 or more according to the United States census of 1940 or any future census, so that when amended Subparagraph 4 of Paragraph 5 of Section 24-2714 shall read as follows: Code 24-2714 amended. (4) An execution docket which shall show the names of the parties and their attorneys, date, the time returnable, to whom and when delivered, when returned, and memoranda of all entries on the original; provided, however, that this execution docket shall not be kept in any county having a population of 300,000 or more according to the United States census of 1940 or any future census. Execution docket. 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 8, 1950. FULTON SUPERIOR COURTSALARY OF JUDGES. No. 582 (House Bill No. 429). An Act to amend an Act approved March 8, 1945 (Georgia Laws 1945, pages 1076 and 1077) entitled: An Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, as provided in Section 2-4002 of Title 2 of Code of 1933, from the Treasurer of Fulton County to fix the sums to be so paid, to require the Treasurer of said county to pay said sums as a part of the

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court expenses of said county; and for other purposes, by increasing the amount to be paid to the said Judges from 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 the Act approved March 8, 1945 (Georgia Laws 1945, pages 1076 and 1077), entitled An Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, as provided in Section 2-4002 of Title 2 of Code of 1933, from the treasury of Fulton County, to fix the sums to be so paid, to require the Treasurer of said county to pay said sums as a part of the court expenses of said county; and for other purposes to be and the same is hereby amended by striking from Section 1 thereof the words, the sum of four thousand ($4,000.00) dollars per annum; and inserting in lieu thereof the words, not less than six thousand ($6,000.00) dollars per annum; so that Section 1 of the said Act, as amended, will read: Sec. 1, Act of 1945, 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 the Board of County Commissioners of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County, shall pay to such of the Judges of the Superior Court of Fulton County, in addition to the salaries paid by the State, not less than six thousand ($6,000.00) dollars per annum; payable in equal monthly installments; and the amounts so paid are declared to be part of the court expenses of said county. Salary of Judges. 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. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county

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and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 23 30 days of November, 1948, and on the 7, 14, 21 28 days of December, 1948, and on the 4 day of January, 1949. As provided by law. Frank Kempton Subscribed and sworn to before me this 31st day of January 1949. Bessie K. Crowell, Notary Public Fulton County, Georgia (Notarial Seal) My commission expires Feb. 7, 1950. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of the State of Georgia, which convenes within sixty days after the first publication of this notice, so as 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 22, 1935, and as further amended by an Act approved March 28, 1935, and as further amended by an Act approved March 3, 1947, and other Acts amendatory to said original Act, so as to increase and fix the annual salaries of the Judges and the Solicitor-General of said Criminal Court of Fulton County, and to provide for the payment of the same, and for other purposes. Amendments germane to said legislation may be offered and enacted as provided by law. M. C. Barwick, Chairman, Legislative Committee Atlanta Bar Association. Approved February 8, 1950.

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LOCOMOTIVESBELLS, HEADLIGHTS, ETC. Code 94-505 Amended. No. 584 (House Bill No. 549). An Act to amend Section 94-505 of the Code of Georgia of 1933, relating to bells, whistles, and electric headlights on locomotives, by striking from said section the word steam, and inserting other language therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 94-505, Chapter 94-5, of the Code of Georgia of 1933, relating to bells, whistles, and electric headlights on locomotives, be and the same is hereby amended by striking from said section the word steam and by inserting in said section, after the word whistle, the following words: or horn, so that said section, when so amended, shall read as follows: Code 94-505 Amended. Each locomotive engine operated on the line of any railway in this State, shall be equipped with a signal bell and a signal whistle or horn; and every railroad company is required to equip and maintain each locomotive used by such company on its main line after dark with a good and sufficient headlight which shall consume not less than three hundred (300) watts at the arc, and with a reflector not less than twenty-three (23) inches in diameter, and to keep the same in good condition. The words: `main line', as used herein, mean all portions of the railway line not used solely as yards, spurs, and side tracks. This section shall not apply to tramroads, mill roads, and roads used principally for lumber or logging transportation in connection with mills. Signal bells, headlights, etc. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 8, 1950.

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JUVENILE COURTSSALARY OF JUDGE IN CERTAIN COUNTIES. No. 585 (House Bill No. 331). An Act to amend an Act approved August 16, 1915, published Georgia Laws 1915, pages 35 to 49, inclusive, relating generally to juvenile courts in certain counties, which is an Act entitled: An Act to establish in certain counties juvenile courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect, and for other purposes, as heretofore amended so as to strike and eliminate from said Act as amended the words and figures relating to the amount of salary to be paid to the judge of said court in counties having a population of 200,000 inhabitants or more by the last United States census, or any future United States census, and to substitute therefor as the salary of the judge of the juvenile court in such counties a sum of not less than $8500.00 and not more than $10,000.00, the exact amount thereof to be fixed from time to time by the board of commissioners of roads and revenues or other county authority in such counties, and for 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 above entitled Act which is an Act entitled: An Act to establish in certain counties juvenile courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide

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for the appointment, qualifications, duties, powers and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect, and for other purposes, as heretofore amended is further amended by adding to the first sentence of Section 21 of said Act approved August 16, 1915 (which Section 21 is published Georgia Laws 1915, page 43) the following proviso, namely: provided, however, that in counties of Georgia having a population of 300,000 or more inhabitants by the last or any future United States census, the salary of the judge of juvenile court of each such county shall be a sum not less than $8,500.00 per annum and not more than $10,000.00 per annum, payable in equal monthly installments out of the county treasury, the exact amount of said salary to be fixed from time to time by the board of commissioners of roads and revenues or other county authority of such county. so that as so amended, Section 21 of said Act approved August 16, 1915 (Georgia Laws 1915, page 43) shall read as follows: Sec. 21, Act of 1915 amended. Section 21. The judge of the superior court of the county shall appoint the judge of said juvenile court for a term of six (6) years, and shall fix the compensation, provided, however, that in counties of Georgia having a population of 300,000 or more inhabitants by the last or any future United States census, the salary of the judge of the juvenile court of each such county shall be a sum not less than $8,500.00 per annum and not more than $10,000.00 per annum, payable in equal monthly installments out of the county treasury, the exact amount of said salary to be fixed from time to time by the board of commissioners of roads and revenues or other county authority of such county. Salaries in certain counties. Any attorney at law, who has practiced for three or more years shall be eligible to hold office as judge of said court, provided that among the qualifications shall be interest in children and knowledge of the problems of social service, of philanthropy and of child life. Section 2. Be it further enacted that all laws and parts of laws in conflict with this law be, and the same are, hereby repealed. Approved February 7, 1950.

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WORLD FEDERATION. No. 44 (House Resolution No. 146). A RESOLUTION. Whereas, the General Assembly of Georgia passed a resolution at the 1946 session of the General Assembly approving the principle of world federation; and Whereas, due to changing conditions it is deemed best that Georgia be not considered as one of the twenty-two States seeking world government; and Preamble. Whereas, the principles enunciated in the Declaration of the Federation of the World as set out in said 1946 resolution are not now approved by the General Assembly; and Whereas, a copy of said 1946 resolution was sent to each of the Senators and Members of the House of Representatives in Congress from the State of Georgia: Now, therefore, be it Resolved, by the House of Representatives, the Senate concurring, that said resolution of 1946 be now repudiated and that the General Assembly of Georgia go on record as opposing the principles of world federation. Be it further Former resolution repudiated. Resolved, that a copy of this resolution be sent to each of the Senators and Members of the House of Representatives in Congress from the State of Georgia. Approved February 8, 1950. TIFTON MARKET SITECONVEYANCE AUTHORIZED. No. 45 (House Resolution No. 55-341a). A RESOLUTION. Whereas, in 1942 the Commissioner of Agriculture, State of Georgia, procured a market site in the City of Tifton consisting of approximately five acres, and

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Whereas, the business on the market has developed to such an extent that the present site is inadequate, and Preamble. Whereas, the City of Tifton and the County of Tift has now provided by donation to the State and has executed a deed for land, a much larger and more suitable site for a State Farmers' Market located on Route 41 and the Georgia, Southern and Florida Railroad and new market facilities are now being constructed on the new site and in the course of completion. Be it resolved by the General Assembly of the State of Georgia. Therefore, in view of the facts stated above, be it resolved that the Commissioner of Agriculture of the State of Georgia be hereby authorized and empowered to make a deed to the following described property to the City of Tifton and the County of Tift in lieu of the property deeded to the State on which the new market is being constructed. The property being authorized to be transferred, being described as follows: Conveyance authorized. Starting point on State Route No. 50 beginning at a point 400 feet east of the city limit line and running in an easterly direction 400 feet to a stake; thence in a northerly direction 540 feet to a public road; thence in a westerly direction 400 feet to a stake; thence in a southerly direction 540 feet to Route No. 50 or the starting point. Description. Approved February 7, 1950. STATE HIGHWAY BOARDMEMBERS. No. 46 (House Resolution No. 204). A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, that the following are and they are hereby elected and declared to be members of the State Highway Board, to wit:

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1. The Honorable Jim L. Gillis of Soperton, Georgia, from the Southern Highway District for a term of six (6) years. Members. 2. The Honorable Dixon Oxford of Dawson, Georgia, from the Central Highway District for a term of four (4) years. 3. The Honorable John Quillian of Gainesville, Georgia, from the Northern State Highway District for a term of two (2) years. Be it further resolved, that a copy of this resolution be delivered to His Excellency, the Governor, and that the said members of the State Highway Board be commissioned accordingly. Approved February 8, 1950. GEORGIA VETERANS' MEMORIAL STATE PARK. No. 47 (House Resolution No. 154-894a). A RESOLUTION. Whereas, the January 1946 Session of the General Assembly of Georgia did provide for a memorial park in the State Park System to properly commemorate the heroic service and sacrifice of Georgia veterans; and Whereas, on Lake Blackshear in Crisp County this living memorial has been activated with funds appropriated therefor; and Whereas, official name and designation thereof is in order: Therefore, Be it resolved, by the House of Representatives, the Senate concurring, that said park is hereby designated as Georgia Veterans' Memorial State Park. Approved February 8, 1950.

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PORTRAITS OF HONS. JARED IRWIN AND THOMAS W. HARDWICK. No. 48 (House Resolution No. 170). A RESOLUTION. Whereas: Washington County is the only rural county in the State of Georgia which has been the residence of two Governors of the State of Georgia, Honorable Jared Irwin and Honorable Thomas W. Hardwick; and Whereas: Both of said Governors rendered distinguished service to the sovereign State of Georgia; and Whereas: It has been the practice and custom of this State to honor their Governors by placing portraits, plaques or statues of said Governors in and around the State Capitol Building in Atlanta; and Whereas: Neither of the two Governors from Washington County has been so honored; and Whereas: It is the desire of the General Assembly to so honor said two Governors; Now, therefore, be it resolved by the General Assembly of Georgia that the portraits of Honorable Jared Irwin and Honorable Thomas W. Hardwick be placed in a conspicuous place in the halls of the State Capitol Building, Atlanta, Georgia. Portraits. in Capitol. Be it further resolved that the Secretary of State be authorized and directed to consult with the descendants of said two Governors and to consult with the legislative officials from Washington County to determine the method of obtaining said portraits and that the Secretary of State is hereby authorized and directed, after such consultation, to place said portraits in the Capitol Building, and that the Secretary of State is hereby authorized and directed to pay the expenditures involved from the appropriation provided for the office of Secretary of State. Duties of Secretary of State. Be it further resolved that a copy of this resolution be mailed to Mr. John R. Irwin, Sandersville, Georgia, oldest

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living descendant of the late Governor Jared Irwin, and that a copy of this resolution be mailed to Mrs. Mary Hardwick Rawlings, Sandersville, Georgia, daughter of the late Honorable Thomas W. Hardwick. Copies to be mailed. Approved February 8, 1950. APPELLATE AND SUPERIOR COURTSSALARY OF JUSTICES AND JUDGES. Proposed Amendment to the Constitution. No. 49 (House Resolution No. 35-190b). A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, Paragraph 1, of the Constitution of Georgia, to provide that the Justices of the Supreme Court and the Judges of the Court of Appeals shall each have a salary of $12,000.00 per annum, and the Judges of the Superior Courts shall each have a salary of $8,000.00 per annum, provided however, that no Superior Court Judge of this State shall receive a total salary of more than $12,000.00 per annum, including any county supplement. Be it resolved by the General Assembly of Georgia: Section 1. That Article VI, Section 12, Paragraph 1, of the Constitution of Georgia be amended by striking from said paragraph the words: The Justices of the Supreme Court each shall have out of the treasury of the State salaries of $8,000.00 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State, salaries of $8,000.00 per annum; the Judges of the Superior Courts each shall have out of the treasury of the State salaries of $6,000.00 per annum, and substituting in lieu thereof the following: Par. 1, Sec. 12, Art. 6. The Justices of the Supreme Court each shall have out of the treasury of the State salaries of $12,000.00 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of $12,000.00 per annum, the Judges of the Superior Court each shall have out of the

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treasury of the State salaries of $8,000.00 per annum. Provided however, that no Superior Court Judge of this State shall receive a total salary of more than twelve thousand ($12,000.00) dollars per annum, including any county supplement. Salaries. Section 2. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election, at which general election the above proposed amendment shall be submitted for ratification or rejection to the electors of this State, at which election every person shall be qualified to vote who is qualified to vote for the members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the words: Publication. Popular vote. For ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing for an increase in salaries paid out of the State treasury to Justices of the Supreme Court and Judges of the Court of Appeals and the Superior Courts; and all persons opposing the adoption of said amendment shall have written or printed on their ballots the words: Form of ballots. Against ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing for an increase in salaries paid out of the State treasury to Justices of the Supreme Court, and Judges of the Court of Appeals and the Superior Courts. If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General

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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. Provided further that the said increases shall not become effective until January 1st, 1951. 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. INSURANCEPARTICIPATION BY POLICYHOLDERS IN NET PROFITS. Code 56-216 amended. No. 587 (House Bill No. 113). An Act to amend Section 56-216 of the Code of 1933 by striking the entire section and adding in lieu thereof a new section, making the provisions of said section apply to all participating policies whether issued by mutual or stock companies; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that Section 56-216 of the Code of 1933, as follows: 56-216. Participation by Policyholders in Net Profits.The board of directors, after providing for such reserve as may be required by law, by a majority vote, may give the holders of policies of any company organized under this Chapter on any particular line or class of insurance the right to participate in the net profits of such company to such an extent, in such manner, and upon such terms as the board of directors may agree, the same to be plainly stipulated on the face of the policy; and unless it shall be stipulated on the face of the policy that the policyholder has the right to participate, no policyholder shall participate in any of the profits of such company. If the incorporators of any stock company shall see proper, they may embrace this principle in their charter, stating therein the average amount of dividends the stockholders shall receive on the face value of

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their stock, in which case all net profits above this dividend and the reserve shall be paid as a dividend to all the policyholders. be stricken and repealed and a new section added in lieu thereof and substituted therefor to be known as Section 56-216 (A) as follows: Code 56-216 amended. 56-216. Participation by Policyholders in Net Profits.The board of directors, after providing for such reserve as may be required by law, by a majority vote, may give the holders of policies of any company organized under this Chapter on any particular line or class of insurance the right to participate in the net profits of such company to such an extent, in such manner, and upon such terms as the board of directors may agree, the same to be plainly stated on the face of the policy; and unless it be stated on the face of the policy that the policyholder has the right to participate, such policyholder shall not participate in any of the profits of such company. This principle shall apply to all participating policies issued by any company organized under this Chapter, whether such company is a mutual or stock company. Participation by policyholders in net profits. 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 8, 1950. INSURANCE COMPANIESLICENSE FEES. Code Sections Repealed. No. 588 (House Bill No. 316). An Act to fix one annual license fee in the sum of $300.00 for each insurance company and all of its agents doing business in Georgia, in lieu of all other license fees of such companies and their agents collectible by the Insurance Commissioner; to fix the annual occupation tax of each local insurance agent, solicitor or subagent, and of each general, special, traveling, state or district agent, manager or assistant manager, superintendent or assistant superintendent, by whatever

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name designated, of any insurance company doing business in Georgia at $10.00 per year, regardless of the number of counties or extent of territory in which said occupation shall be pursued, and to repeal Sections 56-503, 56-506, 92-2501, 92-2502, 92-2503 and 92-2504 of the Code of 1933; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows. Section 1. Effective January 1, 1951, each and every insurance company, domestic or foreign, carrying on an insurance business in Georgia shall pay to the Insurance Commissioner, annually in advance, on or before March 1, a license fee in the sum of $300.00, which payment shall be in lieu of all other license fees of said companies and of their agents collectible by the Insurance Commissioner. Foreign companies entering the State and domestic companies beginning business, at any time between January 1 and December 31, shall pay said license fee in full for the remaining portion of that calendar year. Provided that local fire insurance companies known as farmers county mutuals, doing business on the assessment plan and operating in independent divisions of not more than four counties to a division, shall pay an annual fee of $25.00. License fee. Farmers' mutuals. Section 2. Be it further enacted, that each local insurance agent, solicitor or subagent, or general, special, traveling, state or district agent, manager or assistant manager, superintendent or assistant superintendent, by whatever name designated, of any insurance company doing business in Georgia, shall pay annually to the Insurance Commissioner in advance and on or before March 1 of each calender year, an occupation tax of $10.00 for that calendar year which shall be the full amount of said annual occupation tax payable to the Insurance Commissioner by said persons regardless of the number of counties or extent of territory in which he shall pursue said occupation. Agent's occupation tax. Section 3. Be it further enacted, That the following sections of the Code of 1933 are hereby repealed: Section 56-503. License, when required.All persons shall be required to procure a license from the Insurance Commissioner before soliciting business except those agents whose

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names are furnished the Insurance Commissioner by some reputable insurance company as its accredited agents. (Acts 1912, pp. 119, 124). Code 56-503 repealed. 56-506. (2448) Acting as agent of company not complying with law; fees; reports.No person shall act as agent in this State of any insurance company of this or any other State or foreign government, doing a business in any manner, until said company shall have fully complied with the provisions of this Title and received from the Insurance Commissioner certificates of authority for itself and its agents to transact business in this State. The fees of the Insurance Commissioner shall be as follows: For filing certified copy of charter, $20; for examination of annual statement, $20; and for certificates of authority or license to agents, $3 each; Provided, however, that all fire insurance companies shall in lieu of such fees and charges pay to the Insurance Commissioner one fee of $200, and upon paying such fee and having otherwise fully complied with the provisions of this Title such fire insurance companies shall be entitled to receive from the Insurance Commissioner certificates of authority for itself and its agents to transact business; fire and storm assessment insurance companies in the State, the business of which is confined to four counties or less, or operated by independent divisions composed of four counties of less, shall pay to the Insurance Commissioner a fee of $25, in lieu of $200. In addition to the payment of the above fees, each of said companies shall make a report to the Commissioner on the first day of May of each year, or within 60 days thereafter, under oath of the president or secretary thereof, showing the entire amount of premium receipts of every character and description (deducting return premiums on canceled policies) of said companies during the year or fractional part of a year ending the 30th day of April next preceding, whether said premiums were received in money or in notes, credits, or any substitute for money, to be taxed as may be provided by law from time to time. (Acts 1887, p. 124; 1909, p. 87; 1910, p. 55; 1912, pp. 121, 129; 1931, pp. 7, 31). 56-506 repealed. 92-2501. Local life, fire, marine, accident, indemnity, fidelity, etc., insurance agents.Every local insurance agent, solicitor or subagent for any resident or nonresident life, fire, marine,

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accident, casualty, liability, indemnity, fidelity, bonding or surety insurance company doing business in this State, shall pay $10 to the Insurance Commissioner, for each county in which said agent, solicitor, or subagent shall transact or solicit business. (Acts 1927, p. 74; 1935, p. 36). 92-2501 repealed. 92-2502. Local assessment, industrial, live-stock, or cooperative insurance agents.Every local insurance agent, solicitor or subagent for any resident or nonresident assessment life insurance company, or industrial life, accident, or sick-benefit insurance company, livestock insurance company or fire and storm cooperative assessment fire insurance companies doing business in this State, shall pay $10 to the Insurance Commissioner for each county in which said agent, solicitor, or subagent shall transact or solicit business. (Acts 1927, p. 74; 1935, p. 37). 92-2502 repealed. 92-2503. Traveling, special, or general life, fire, marine, accident, indemnity, fidelity, etc., insurance agents or managers.Each and every general, special, traveling, State, or district agent, manager, or assistant manager, by whatever name he may be designated in his contract, of any resident or non-resident life, fire, marine, accident, casualty, liability, indemnity, fidelity, bonding or surety insurance company, doing business in this State, shall pay $100 to the Insurance Commissioner, whose receipt shall authorize the person named therein to go into any county in the State without the payment of an additional tax. (Acts 1927, p. 74; 1935, p. 37). 92-2503 repealed. 92-2504. Traveling, etc., agents of assessment, etc., companies.Each and every general, special, traveling, State, or district agent, manager, district manager, assistant manager, superintendent, or assistant superintendent, by whatever name he may be designated in his contract, of any resident or non-resident assessment life insurance company, or industrial life, accident, or sick-benefit insurance company, or livestock insurance company, doing business in this State, shall pay $100 to the Insurance Commissioner, whose receipt shall authorize the person named therein to go into any county in the State without the payment of an additional tax. (Acts 1927, p. 74; 1935, p. 37). 92-2504 repealed.

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Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 9, 1950. VOTERS' REGISTRATION ACTAMENDMENTS. No. 591 (Senate Bill No. 168). An Act to amend an Act to effect a complete revision of all and singular the laws of this State in any way dealing with the subject of registration and qualification of voters by providing for the annulment of all registrations heretofore effected by providing for a permanent registration, etc.; approved February 25, 1949, (Georgia Laws 1949, page 1204 to 1227, inclusive) by striking the word special in line two of Section Two; by striking the figures 1950 in line two of Section Three and inserting in lieu thereof the figures 1952; by striking the word special in line one of Section Five, the words special election in line five of Section Five, and the word special in line seven of Section Five; to provide for the supplementing and purging of the general election lists of qualified voters of the year 1948; by striking the figures 1952 in line eight of Section Twenty-three and inserting in lieu thereof the figures 1954 by striking the figures 1952 in line thirty-two of Section Twenty-three and inserting in lieu thereof the figures 1954, and by striking the word, special in line forty of Section Twenty-three; by adding a comma after the word April in line one of Section Twenty-six and inserting after said word the figures and words 1952, and thereafter; to provide for notice to voter or applicant within thirty days; and for 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 February 25, 1949, and being an Act entitled an Act to effect a complete revision of all and singular the laws of this State in any way dealing with the subject of registration and qualification of voters by providing for the annulment of all registrations heretofore effected by providing for a permanent registration, etc.; (Georgia

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Laws 1949, pages 1204 to 1227 inclusive) be and the same is hereby amended by striking the word special in line two of Section Two so that said section, as amended, shall read as follows: Sec. 2, Act of 1949 amended. Section 2. That except as hereinafter provided with reference to any election occurring before the first general election list shall have been prepared as provided in this Act, all registration heretofore effected are hereby declared null and void. Existing registrations. Section 2. By striking the figures 1950 in line two of Section Three and inserting in lieu thereof the figures 1952, so that said section as amended shall read as follows: Sec. 3 amended. Section 3. The first registration list hereunder shall be prepared in the year 1952, but the process of registration under this Act shall start immeidately on its passage and approval and all persons seeking to register and qualify as voters shall be registered and qualified as herein provided. Effective date. Section 3. By striking the word special in line one of Section Five, the words, special election in line five of Section Five and the word special in line seven of Section Five, and by adding at the end of said section the following: Those persons on the general election list of qualified voters for the year 1948 and those persons who register under the terms of the provisions of this Act shall be entitled to vote in any election prior to the general election of 1952. Provided, however, that it shall be the duty of the registrars to consolidate the lists for any such election and to make certain that no person is listed more than once on such consolidated list; provided further, that any voter on said 1948 list may be challenged, in the manner now provided by law, upon any ground now provided by law or upon the ground that such voter is not entitled to register under said Act approved February 25, 1949, as amended. Such challenge shall be heard and determined in the manner provided by law and if such voter is found to be disqualified his name shall be stricken from said 1948 list; so that said section as amended shall read as follows: Sec. 5 amended. Section 5. At any election, held before the first list under the terms of this Act shall have been prepared and filed, the general election list of qualified voters of the year 1948, in

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conjunction with a supplemental list prepared in accordance with the provisions hereafter set forth shall be used. In the same manner the last general election list of qualified voters shall be used for any election occurring after said list is prepared but before the preparation of a new general election list. Nothing in this section shall be construed so as to prevent the registrars from purging said old list and the supplemental list and remove therefrom those persons not entitled to vote. Those persons on the general election list of qualified voters for the year 1948 and those persons who register under the terms of the provisions of this Act shall be entitled to vote in any election prior to the general election of 1952. Provided, however, that it shall be the duty of the registrars to consolidate the lists for any such election and to make certain that no person is listed more than once on such consolidated list. Provided, that unless authorized by the governing authority of the county, the registrar and other officers employed under this Act shall not work more than two days each month until January 1, 1952, and until such date shall be entitled to compensation only for two days each month. Interim use of 1948 list. Section 4. By striking the figures 1952 in line eight of Section Twenty-three and inserting in lieu thereof the figures 1954, by striking the figures 1952 in line thirty-two of Section Twenty-three and inserting in lieu thereof the figures 1954, and striking the word special in line forty of Section Twenty-three, so that said section as amended shall read as follows: Sec. 23 amended. Section 23. The electors who have qualified shall not thereafter be required to register or further qualify, except as may be required by the board of registrars. No person shall remain a qualified voter who does not vote in at least one election within a two-year period unless he shall specifically request continuation of his registration in the manner hereinafter provided. Within sixty (60) days after the first day of January in each year beginning on January 1, 1954 the tax collector or tax commissioner, as the case may be, shall revise and correct the registration records in the following manner:

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He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, State, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March 1st of said year he shall mail to each elector at the last address furnished by the registrant, a notice substantially as follows: Revision of registration records. You are hereby notified that according to State law, your registration as a qualified voter will be cancelled for having failed to vote within the past two years, unless on or before April 1st of the current year you continue your registration by signing the statement below and returning it to this office or by applying in person. Application for continuation of registration: I hereby certify that I reside at the address given below and apply for continuation of my registration as a voter. Application for continuation of registration. Signature of elector..... Present residence address..... Date..... Effective April 1, 1954, the tax collector or the tax commissioner, as the case may be, shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of qualified electors. Any elector whose registration has been thus cancelled may re-register in the manner provided for original registration. No person shall remain a qualified voter longer than he shall retain the qualification under which he registered. As the 1948 voters' list is preserved for elections which may take place prior to the preparation and filing of the first general election list hereunder, the tax collector shall until such time conform to the provisions of Section 34-115 of the 1933 Code as amended by Act approved February 5, 1945 and more fully appearing on page 133, etc., of the Acts of the General Assembly of 1945, but the time for mailing the notice provided for in said Code section is hereby extended for an additional fifteen days. Cancellation of registration.

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Section 5. By adding a comma after the word April in line one of Section Twenty-six and inserting after said word the figures and words 1952, and thereafter; so that said section as amended will read as follows: Sec. 26 amended. Section 26. The registrars shall on the 20th day of April 1952, and thereafter in each year in which a general election is to be held, or on the day thereafter if the 20th day of April occurs on a Sunday, begin the work of perfecting a true and correct list of the qualified voters of their county. They shall place on said list only those persons they have found to be prima facie qualified to vote under the terms of this Act and those persons whose applications were pending on said date and whom they shall subsequently find to be prima facie qualified to vote. In preparing said list they shall examine the list of disqualified persons furnished them by the tax collector or tax commissioner, the ordinary and the clerk of the superior court, and if any applicant's name is found thereon they shall not place his name on the voter's list. If the information comes to them after the preparation and filing of the list they shall call upon him to show cause why it should not be removed from the list, provided further, that any voter on said 1948 list may be challenged, in the manner now provided by law, upon any ground now provided by law or upon the ground that such voter is not entitled to register under said Act approved February 25, 1949, as amended. Such challenge shall be heard and determined in the manner provided by law and if such voter is found to be disqualified his name shall be stricken from said 1948 list. List of qualified voters; preparation. Section 6. It shall be the duty of the county registrars of each county appointed pursuant to said Act of February 25, 1949, as amended, to purge the said 1948 lists of voters, as provided by law, of all persons who have become disqualified since the certification of said 1948 lists or for any reason are now disqualified or may be disqualified before the certification of said lists. Any person denied registration under the new registration law of 1949 shall not be eligible to vote in any election in this State, and all lists shall be so purged. Purging of lists. Section 7. If any section, sentence, subdivision or clause of this Act is for any reason held invalid or to be unconstitutional,

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such decision shall not affect the validity of the remaining portion of this Act. If part invalid. Section 8. The Voter's Registration Law of 1949, Acts of 1949, page 1204, is hereby amended by adding at the end of Section 6 of said Act a new sentence to read as follows: The compensation to be paid to the registrars and all other officers and employees appointed and employed under this Act shall be fixed by the commissioners of roads and revenues of the county; and by striking Section 47 of said Act in its entirety. Sec. 6 amended. Compensation of registrars. Sec. 47 repealed. Section 9. In all cases arising under this Act where the applicant or the voter as the case may be, is required to be served with a notice of a hearing unless otherwise provided, said notice shall specify a day not less than one, nor more than thirty days after date of the notice. Section 10. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved February 8, 1950. STEPHENS SUPERIOR COURTTERMSGRAND JURIES. No. 594 (House Bill No. 759). An Act to amend An Act to provide for holding four terms a year of the Superior Court of Stephens County; to prescribe the time of holding the same; to prescribe when and how grand juries shall be required to attend said court, and for other purposes, so as to change the time for holding the terms of the Superior Court of Stephens County in the Mountain Judicial Circuit; to provide for the drawing of grand juries for said court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the date fixed by this Act there shall be

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four terms of the Superior Court of Stephens County, in the Mountain Circuit, to begin on the second Monday in January, April, July and October in each year. Terms. Section 2. Be it further enacted that the Judge shall draw a grand jury for the January and July terms of said court; and in his discretion may, either in term time or vacation draw a grand jury for the April and July terms. Grand Juries. Section 3. Be it further enacted that this Act shall become effective on the first day of March 1950, and all the terms of court thereafter shall be held as is in this Act provided. Effective date. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 8, 1950. MUSCOGEE SUPERIOR COURTREPORTER'S COMPENSATION. No. 610 (House Bill No. 899). An Act to provide for, fix and regulate the salary, and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County, Georgia, for reporting and transcribing felony cases in the superior court of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the official court reporter of Muscogee County, Georgia, (Said Muscogee County being a part of the Chattahoochee Judicial Circuit) shall be paid by Muscogee County, the sum of $275.00 per month for reporting all felony cases tried in the superior court of said county, and for transcribing the evidence in such cases wherein there are convictions for felony when required to do so by the Presiding Judge of said court; it shall also be the duty of said official court reporter to report such misdemeanor cases in said court as are directed by the Judge thereof to be reported. Said salary is to be paid monthly out

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of the treasury of said Muscogee County as other court expenses are paid, and which compensation shall be in full for reporting and transcribing such cases as hereinabove specified. The fees for reporting and transcribing civil cases in said county are not affected herein but are to remain in effect as now prescribed by law. Reporter's compensation. Section 2. That there is hereto attached and made part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Certificate of Publication of Notice of Local Legislation. Notice of Local Legislation, Muscogee County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January 1950, for the passage of a bill entitled as follows: A bill to be entitled an Act to provide for, fix and regulate the salary, and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County, Georgia, for reporting and transcribing felony cases in the superior court of said county, and for other purposes. This the 2nd day of January, 1950. (s) W. Edward Swinson W. Edward Swinson Muscogee County Attorney. Georgia, Muscogee County: Personally appeared before the undersigned, a notary public in and for said State and county, Maynard R. Ashworth, who on oath certified and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, said State and county, in which the sheriff's advertisements for said county are published; and that the foregoing

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and attached notice was duly published in said paper once a week for three weeks, to-wit, on January 5, 1950, January 12, 1950, and January 19, 1950. (s) Maynard R. Ashworth Sworn to and subscribed before me this the 19th day of January, 1950. (s) Mrs. Juanita Cheek, Notary Public, Muscogee County, Georgia. (Notarial Seal) Notice of Local Legislation. Muscogee County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1950, for the passage of a bill entitled as follows: A bill to be entitled an Act to provide for, fix and regulate the salary, and to prescribe the duties of the official court reporter for the Superior Court of Muscogee County, Georgia, for reporting and transcribing felony cases in the superior court of said county, and for other purposes. This the 2nd day of January, 1950. W. Edward Swinson, Muscogee County Attorney. Approved February 8, 1950. PARK LANDS IN CRISP COUNTYEASEMENTS TO VETERANS' ORGANIZATIONS. No. 613 (House Bill No. 883). An Act to provide for the granting by the Director of State Parks, Historic Sites, and Monuments to veterans' organizations chartered by the Congress of the United States, of permanent easements for the use, improvement, and operation of camps, campsites, or other improvements on any properties

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held by the State or granted to the State, for use as a veterans' memorial park in Crisp County, Georgia; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That the Director of State Parks, Historic Sites, and Monuments is, from and after the approval of this Act, authorized and empowered to grant permanent easements for the use, improvement and operation, or either of these, of camps, campsites, or other improvements in keeping with the purposes of the park, to any veterans' organization chartered by the Congress of the United States, on or upon any property held by the State or hereafter granted to the State, for park purposes in Crisp County, Georgia. Permanent easements to veterans' organizations. Section 2. The Director of State Parks, Historic Sites, and Monuments is hereby further authorized and empowered to place in such easements such restrictions and conditions of use as are necessary to preserve and protect the beauty and standards of State parks. Restrictions. 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 February 8, 1950. JUNIOR COLLEGES TO REMAIN UNDER BOARD OF REGENTS. No. 50 (House Resolution No. 172). A RESOLUTION. Whereas, there have been certain reports and statements in the press to the effect that the junior colleges of Georgia might be separated from the Regents of the University System of Georgia, and Whereas, the Board of Regents of said University System of Georgia have unanimously adopted the following policy with respect to these junior colleges:

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That the Regents will retain jurisdiction and control of these junior colleges and sponsor and develop them to the best of our ability; that such junior colleges will in no event be placed under the jurisdiction of the State Department of Education until the General Assembly of Georgia passes legislation to that effect and provides adequate financing for such junior colleges. Now therefore be it resolved, that the General Assembly of Georgia go on record as affirming this action of the Board of Regents and commending them on this decision. Be it further resolved that it is the wish of this body that the junior colleges of Georgia located at Americus, Carrollton, Cochran, Douglas and Tifton, be and remain under the control and direction of the Board of Regents of the University System of Georgia until such time as they are changed by law. Approved February 8, 1950. MILK CONTROL BOARDAMENDMENTS. No. 623 (Senate Bill No. 189). An Act to amend an Act of the General Assembly, approved the 30th day of March, 1937 (Georgia Laws, 1937, pages 247-264), and entitled An Act to declare an emergency concerning the production, distribution, and sale of milk; to define milk, to regulate the distribution and sale thereof; to create and establish a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a milk control fund, and provide for its expenditure in the enforcement of this Act; to authorize such board to fix prices of milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees hereunder; to provide

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penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes; and all Acts amendatory thereof, to provide further declarations of legislative policy; to eliminate the office of Director of Milk Controls, to define what persons hereafter shall constitute the Milk Control Board and the Chairman thereof to perform duties heretofore provided for the Director; to define further the applicability of the Act to milk sheds and to provide for enlargement or reduction of geographical area in milk sheds; to prescribe the methods by which the Board shall establish maximum or minimum prices of milk; to give the Act a short title; to repeal the time of termination; and for other purposes, by striking the word one in line 9 of Section 3, as amended by the Act approved February 2, 1949, (Acts 1949, page 81) and inserting in lieu thereof the word two and adding an s after the word member. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That Act of the General Assembly, approved the 30th day of March, 1937 (Georgia Laws, 1937, pages 247-264), and entitled An Act to declare an emergency concerning the production, distribution, and sale of milk; to define milk; to regulate the distribution and sale thereof; to create and establish a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a milk-control fund, and provide for its expenditure in the enforcement of this Act; to authorize such board to fix prices of milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees thereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes; and all Acts amendatory thereof, including the Act approved the 17th day of March 1939 (Georgia Laws, 1939, pages 132-134); the Act approved the 27th day of March 1941 (Georgia Laws 1941, pages 256-257);

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and the Act approved the 9th day of March, 1945 (Georgia Laws, 1945, pages 410-415); hereby is amended as follows: Acts amended. By striking the word one in line 9 of Section 3, as amended by the Act approved February 2, 1949 (Acts 1949, page 81), and inserting in lieu thereof the word two, and adding an s after the word member so that said section, as amended, shall read as follows: Sec. 3 amended. 3. Milk Control Board. There is hereby created a Milk Control Board to consist of five members appointed by the Governor and confirmed by a majority of the State Senate. One member, who, while serving in office, shall not be employed by or have any direct or indirect interest in any person, firm or corporation engaged in the business of producing, buying, or selling milk, shall be designated by the Governor as Chairman and shall be appointed to serve for a term of six years ending on the 31st day of January, 1955. Two members who shall have had actual experience in the dairy industry as individual owner, active partner-owner, or active full-time owner, or active full-time manager of a dairy herein defined as a producer for a period of at least ten years immediately prior to appointment shall be designated by the Governor as Producer Member and shall be appointed to serve for a term of six years ending on the 31st day of January, 1955. One member, who shall have had actual experience in the dairy industry as individual owner, active partner-owner, or active full-time manager of a dairy herein defined as a producer-distributor, but which during the last twelve months of such experience, actually produced at least three-fifths of the milk sold, for a period of at least ten years immediately prior to appointment, shall be designated by the Governor as Producer-Distributor Member and shall be appointed to serve for a term of four years ending on the 31st day of January, 1953. One member, who shall have had actual experience in the dairy industry as individual owner, active partner-owner, or active full-time manager of a business engaged in buying and selling milk for a period of at least ten years immediately prior to appointment and who is not eligible to be Producer Member or Producer-Distributor Member, shall be designated by the Governor as Dealer Member and shall be appointed

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to serve for a term of four years ending on the 31st of January, 1953. One member, who, while serving in office, shall not be employed by or have any direct or indirect interest in any person, firm, or corporation engaged in the business of producing, buying, or selling milk, shall be designated by the Governor as Consumer Member and shall be appointed to serve for a term of two years ending on the 31st day of January, 1951. All members of the board shall have been residents of the State of Georgia for a period of at least ten years prior to appointment. Having been a mere stockholder, officer, director, or otherwise connected with a milk business, except by active full-time participation, shall not qualify an individual to be a Producer Member, Producer-Distributor Member, or Dealer Member. Having been an officer of a corporation who actively on a full-time basis participated in management of a dairy business shall be considered as having been an active full-time manager. Successors to all members of the board whose terms expire thereafter shall be appointed for terms of six years each. Interim appointments may be made to fill vacancies for unexpired terms. Each member shall serve until his successor is appointed and qualified. Except for the chairman, each member of the board shall be paid from the milk control fund, for each day devoted to the affairs of the board, a per diem at the rate now or hereafter prescribed as per diem for members of the General Assembly, but not in excess of one hundred and fifty ($150.00) dollars in any one calendar month. All members shall be paid the necessary and usual travel and subsistence allowed to other State officers while engaged in business of the board. The chairman shall devote full time to the affairs of the board and shall be vested with such authority as the board shall direct not in conflict with this Act. The compensation of the chairman shall be six thousand ($6,000.00) dollars per annum, payable monthly. Milk Control Board. Chairman. Producer Member. Producer-Distributor Member. Dealer Member. Consumer Member. Qualifications. Terms. Compensation. Section 2. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 10, 1950.

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ORDINARIES' FEES. Code 24-1716 Amended. No. 625 (Senate Bill No. 196). An Act to repeal Section 24-1716 of the Code of Georgia of 1933 (Section 4827 of the Code of 1910), and to substitute in lieu thereof a new section to be numbered 24-1716, and in such substituted section to fix the fees to which the ordinaries of this State are entitled, and to provide that the list of fees therein provided shall not be exhaustive; 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 Code Section 24-1716 of the Georgia Code of 1933 (Section 4827 of the Code of 1910), which provides the fees which the ordinaries of this State are entitled to be, and the same is hereby repealed; and the following section shall be substituted in lieu thereof, to be numbered Section 24-1716, and to read as follows: Code 24-1716 amended. 24-1716 (4827). Fees in GeneralThe ordinaries are entitled to the following fees, to wit: LETTERS OF ADMINISTRATION. Temporary. Receiving applications $ 3.00 Docketing and filing applications 3.00 Services in determining necessity for temporary administration and entitlement of petitioner, or other nominee thereto 4.00 Order appointing $1.00, recording same $1.00 2.00 Recording application 1.00 Bond, taking, approving, filing and recording 2.00 Oath 75c, recording same 75c 1.50 Letters, issuing 2.50 Recording letters 1.00 $20.00 New section.

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LETTERS OF ADMINISTRATION. Permanent. Receiving applications 3.00 Docketing and filing application 3.00 Granting and issuing citation and copy for legal gazette $1.50, recording same $1.00 2.50 Services in determining: statutory compliance in publication of citation, residence and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto 5.00 Order of appointment $1.00, recording same $1.00 2.00 Recording application 1.00 Bond, taking, approving, filing and recording 3.50 Oath 75c, recording same 75c 1.50 Letters, issuing 2.50 Recording letters 1.00 $25.00 WILLS. Cost of Probating in Common Form. Receiving and filing will 3.00 Receiving application 3.00 Docketing and filing application 3.00 Hearing evidence on probate and determining issue of devisavit vel non 4.00 Order of probate and appointing executor $1.00, recording same $1.00 2.00 Recording will at 20c per 100 words, minimum 1.50 Letters, issuing 2.50 Recording letters 1.00 $20.00 WILLS. Cost of Probating in Solemn Form. Filing will for purpose of probating in solemn form 3.00 Receiving application 3.00 Docketing and filing application 3.00 Order for service, including all citations issued in connection therewith $1.00, recording same $1.00 2.00 Hearing evidence upon the probate and determining issue of devisavit vel non 5.00 Order of probate and appointing executor (or order denying same) $1.00, recording same $1.00 2.00 Recording application, acknowledgements, subscribing witnesses' affidavits, etc., at 20c per 100 words, minimum $2.00 2.00 Oath of executor 75c, recording same 75c 1.50 Letters, issuing 2.50 Recording letters 1.00 $25.00 Other Costs of Probating in Solemn Form. Renunciation of executorship and order $ 2.00 Election of widow to take under will and order 2.00 Duplicate, triplicate, etc., letter (where more than one executor) $1.00 for each after first 1.00 Filing caveat 3.00 Filing demurrer or other plea 3.00 All other orders not above provided for, $1.00, recording same $1.00 2.00

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GUARDIAN AD LITEM (In Probate of Wills in Solemn Form and in all other Proceedings where such is Necessary). Services in determining necessity for the appointment of guardian ad litem $1.00, recording order $1.00 2.00 Receiving, examining and recording answer of guardian ad litem 2.00 Copy of service, each 1.00 LETTERS OF GUARDIANSHIP. (Includes Temporary, Permanent Guardianships of all Kinds). Receiving application 3.00 Docketing and filing application and issuing all necessary citations, if any 3.00 Services in determining necessity therefor and entitlement of petitioner or other nominee thereto 4.00 Order appointing guardian $1.00, recording order $1.00 2.00 Bond, taking, approving, filing and recording 2.00 Oath 75c, recording oath 75c 1.50 Letters, issuing 2.50 Letters, recording 1.00 Recording application and all other proceedings at 20c per 100 words, minimum 1.00 $20.00

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YEAR'S SUPPORT. Whole service (recording excepted) 13.00 Recording proceeding at 20c per 100 words, minimum 2.00 $15.00 CONVEYING OR INCUMBERING A YEAR'S SUPPORT. Whole service (recording excepted) 13.00 Recording proceedings at 20c per 100 words, minimum 2.00 $15.00 DIVISION IN KIND. Receiving application $ 3.00 Docketing and filing application 3.00 Order appointing freeholders 1.00 Recording order 1.00 Commission to freeholders 2.00 Recording proceedings at 20c per 100 words, minimum 1.00 Recording plat (See clerk's fees) COMPROMISE CLAIM. Receiving application 3.00 Docketing and filing application 3.00 Services in hearing evidence for determination of the matter 4.00 Final order $1.00, recording same $1.00 2.00 Recording the other proceedings at 20c per 100 words, minimum 1.00 $13.00

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RETURNSANNUAL AND FINAL. Receiving return 3.00 Filing, docketing and examining annual and final returns of executors, administrators, guardians and trustees, of all estates not worth more than five thousand dollars 3.00 And on estates worth more than five thousand dollars 6.00 Oath and recording same 1.00 Order admitting return to record $1.00, recording same $1.00 2.00 Recording return at 100 words, minimum 1.00 Recording each voucher filed with the return, 20c each .20 DISMISSION OF ADMINISTRATOR, EXECUTOR OR GUARDIAN. Receiving application 3.00 Docketing and filing application 3.00 Granting citation and recording same 1.00 Services in determining: statutory compliance in publication of citation and entitlement of applicant to dismission 4.00 Letters, issuing 2.50 Letters, recording 1.00 Recording application at 20c per 100 words, minimum .50 $15.00 HABEAS CORPUS. Receiving application $ 3.00 Docketing and filing application 3.00 Issuance of writ $1.00, recording same and entry of service $1.00 2.00 Filing answer to respondent 3.00 Hearing case 5.00 Recording proceedings at 20c per 100 words, minimum 2.00 ORDER FOR TITLE. Receiving application 3.00 Docketing and filing application 3.00 Granting citation 1.00 Hearing evidence and determining matter 4.00 Order $1.00, recording order $1.00 2.00 Recording proceedings at 20c per 100 words, minimum 2.00 $15.00

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ESTABLISH LOST PAPERS. Receiving application 3.00 Docketing and filing application 3.00 Granting citation or notice $1.00, recording same and all entries of service $1.00 2.00 Hearing case 4.00 Order $1.00, recording order $1.00 2.00 Recording proceedings at 20c per 100 words, minimum 1.00 $15.00 HOMESTEADS. For the whole service in setting apart of homestead of realty and personalty when not litigated 10.00 Where objections or demurrer is filed and heard, in addition to the proceeding ($10.00) 5.00 Surveyor, actual charge made Clerk superior for recordings, 20c per 100 words Plat EXEMPTIONS. For whole service in setting apart short homestead exemption 3.00 Certified copy to party 2.00 LUNACY. For whole service in connection with each lunacy case 20.00 For services when petition filed but subsequently withdrawn or dismissed before hearing 10.00 RESTORATION TO SANITY. For whole service in connection with each case by ordinary to be filed as part of the required costs at time of filing petition $20.00

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INVENTORY AND APPRAISEMENT. Whole service for same 8.00 Recording entire proceedings at 20c per 100 words, minimum 2.00 $10.00 SALE OF REALTY, PERSONALTY OR PERISHABLE PROPERTY. Whole service for same 8.00 Recording entire proceedings at 20c per 100 words, minimum 2.00 $10.00 SALE BILL. Order $1.00, recording same $1.00 2.00 Return at 20c per 100 words, minimum 2.00 NO ADMINISTRATION. Receiving application 3.00 Filing and docketing same 3.00 Granting and issuing citation and copy for legal gazette $1.50, recording $1.00 2.50 Recording oath and all acknowledgements of service 1.00 Service in determining: statutory compliance in publication of citation, intestacy of decedent, his heirs and being sui juris, property of decedent, no debts, and agreement to amicably divide estate, etc. 5.00 Issuing order of No administration necessary 2.50 Recording order 1.00 Recording proceedings at 20c per 100 words, minimum 2.00 $20.00 PETITION FOR ATTORNEY'S FEES. Receiving application 3.00 Filing and docketing the same 3.00 Services in hearing and determining allegations of application 4.00 Order $1.00, recording $1.00 2.00 Recording proceedings at 20c per 100 words, minimum 1.00 $13.00

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PUBLIC SAFETY PATROL TRIALS. Holding trial 5.00 Issuing warrant 2.50 MISCELLANEOUS. Applicant to pay all publication fees of citations, notices, etc., at the usual legal rate, in all matters when such required. $ For receiving any application, petition, or case where no fees are prescribed 3.00 For every case litigated before the ordinary where no fees are prescribed 4.00 For filing and docketing any application, petition or case where no fees are prescribed 3.00 For every order passed where no fees are prescribed $1.00, recording same $1.00 2.00 Provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository. For each affidavit where no case is pending before ordinary .50 For every service required and performed where no fees are specified, the same fees are allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed. For issuing process against a person for not making return 1.00 For each additional copy 1.00 For rule nisi 1.00 For copy 1.00 For each subpoena .15 For recording any instrument of writing not herein mentioned, per 100 words .20 For services in toll bridge cases 5.00 For hearing election contests, to be taxed as costs per day 10.00 For every stray goat, hog, or sheep .50 For every retailer's license 1.25 For copying and administering oath to retailer .75 For recording marks and brands .50 For comparing and testing weights and measures and stamping and marking each .15 For abstracts of all records, per 100 words, 20 cents .20 For services in his action upon the roster of each company of State troops in Civil War, where no objections filed (Acts of 1897, page 107) 3.00 For all services where objections are filed, in addition to the above 5.00 For each now named on the list of disqualified voters, each year prepared, listed and filed .01 Entire service in so listing not to be less than (including said fees) per day 2.00 For services in election contests, for removal of county sites, per day 2.00 For entering an appeal and transmitting the proceeding to superior court 2.50 For filing and recording an official bond of county officers (to be paid by county) 1.50 For taking and recording oath of county officer (to be paid by county) 1.50 For each fi. fa. issued by the ordinary 1.50 For seal and certificate, each 1.00 For every soldier's license 1.00 For every explosive permit .25 For every peddler's license 1.50 For certified copy of letters administration, letters testamentary, or guardianship, including seal and certificate 2.00 For services in making settlement of accounts of executors, administrators, and guardians (when contested) 12.00 For filing and docketing any caveat against administration being granted or will approved 3.00 For registration of corporation, business, profession, or commodity subject to special tax, each 1.00 For every application for marriage license (whole service) 2.00 For every marriage license, issuing and recording (whole service) 2.00 For every pistol license, application, and bond 2.00 For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box 5.00 For granting citation to show cause why administrator should not be set aside or replaced 3.00 For issuing commission to examine witnesses 3.00 For examining book and giving extract or fact that information sought is not therein 1.50 For every stray horse, mule, or ass for every legal service required 3.00 For every stray bull, ox, or cow, for all services required 1.75 For proceedings under Adulterated Syrup Act (Act 1902, page 102) 3.00 For issuing license to one engaged in business lending money on household goods, etc. (Act of 1904, page 83) 1.50 For receiving deposit of samples of fertilizer, each .10 For forwarding copy of a defaulting taxpayer's corrected return and affidavit to the comptroller general to be paid by taxpayers 1.00

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The schedule of fees herein contained shall not be deemed or held to be exhaustive, and the ordinaries of this State shall be entitled to charge and collect any other fees for their services as now provided by law unless the same is in conflict with the provisions hereof. The fees herein prescribed for the ordinaries of this State shall be applicable to all of the ordinaries of this State, it being the intention of this Act that the fees of such ordinaries as set out herewith in this Act shall be uniform in all of the counties of the State. 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, including Acts 1920, pages 222, 223, 224 and 225, and Acts of 1939, pages 210-219, inclusive. Approved February 13, 1950. CITY COURTSOFFICIAL REPORTERS. No. 628 (Senate Bill No. 159). An Act to authorize the judges of the city courts of this State, where not otherwise specifically provided for by law, to appoint an official court reporter, and to provide the rates of compensation; 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 judges of the city courts of this State, having concurrent jurisdiction with the superior courts of this State to try misdemeanor cases, and civil causes where the amount involved exceeds five hundred dollars ($500.00), where not otherwise specifically provided for by law, may appoint an official court reporter whose compensation for reporting criminal cases, and for attendance upon court, shall be the same as provided in Code Section 24-3104, as amended. Reporter authorized. Compensation, criminal cases. Section 2. Be it further enacted by the authority aforesaid that the compensation of the reporter for reporting and transcribing civil cases shall be the same as provided in Code Section 24-3103, as amended, said reporter to be paid by the party or parties requesting the reporting or transcribing. Civil cases. Section 3. Be it further enacted by the authority aforesaid that this Act shall not apply to the city courts of this State where provision is now made by law for the appointment of and compensation to, the official reporters of city courts. To what courts applicable. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 13, 1950. PINE MOUNTAIN STATE PARKEASEMENT TO CASON J. CALLAWAY AUTHORIZED. No. 51 (Senate Resolution No. 68). A RESOLUTION. Whereas, the State of Georgia, Department of State Parks, Historic Sites and Monuments owns a certain tract of land located in Harris County and known therein as Pine Mountain State Park, having acquired most of the land connected

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therewith from the Government of the United States as shown in a deed recorded in Deed Book 16 at page 369 of the deed records of said County of Harris; Whereas, on Land Lot Number 11 in the Third Land District of said county, a mountain spring is located which is unimproved and is not being used for any purpose whatever and on account of the inaccessible location can not be reached by the general public and it is not contemplated that the same will be used. The water from said spring flows west through Land Lots Numbers Ten and Eleven and enters Mountain Creek on said park property, all in accordance with a plat of the same prepared by Eitel Bauer, civil engineer, on the day of December, 1949, copy of which is hereto attached and made a part of this resolution by reference; and Whereas, adjoining said park property on the west, through which Mountain Creek also runs, is the property of Cason J. Callaway of said county, which said property is now being extensively improved and beautified by said owner, by the construction of a large lake on said creek, at the upper end of which a beautiful golf course is now being completed, all of which can be seen from said park property and from Highway No. 27, which borders said park on the west; and Whereas, when said improvements are completed the same will greatly enhance the value of said park and will attract visitors from the entire nation, which will greatly improve the receipts of said park; and Whereas, due to the elevation of said spring, the water therefrom can be piped to said golf course to be used for individual use and to irrigate said course when needed, by impounding said spring in suitable reservoir; now Therefore be it resolved by the General Assembly of the State of Georgia, and it is hereby resolved, that His Excellency, Herman Talmadge, Governor of Georgia, be and he is hereby authorized to grant and convey to the said Cason J. Callaway an easement to the above described spring, with

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necessary property adjacent thereto for impounding the water in reservoir and also the proposed pipe line leading from the same across said park property, as fully set forth in the attached plat, at and for the sum of one dollar, and the benefits accruing to the park property by reason of the completion of the improvements on said adjoining property. Approved February 13, 1950. JEKYLL ISLAND STATE PARK AUTHORITY ACT. No. 630 (House Bill No. 604). An Act to create the Jekyll Island State Park Authority and empower said authority with all rights, powers, authority, and privileges, whatsoever necessary to hold as lessee, improve, maintain, beautify, repair, rebuild, increase, extend, subdivide, sublease in any part, manage, regulate, administer, finance, issue revenue anticipation certificates of the authority, payable from earnings and revenues, to pay the cost of projects, provide for the collection and for the pledging of revenues and other charges for the payment of such certificates and defining the rights of the holders of such certificates, provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act, exempt such certificates from taxation, authorize the issuance of refunding certificates, fix the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought, invest the State Auditor with the power and duty to examine all books and records of the authority at the close of its fiscal year each year, provide for the separate enactment of each provision of this Act, repeal all laws and parts of laws in conflict with the provisions of this Act, render ultimately self-supporting that portion of Jekyll Island now owned by the State of Georgia and now known as Jekyll Island State Park; to grant hereby for and on the part of the State of Georgia a lease for a term of fifty (50) years of that portion of Jekyll Island now

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owned by the State of Georgia to the Jekyll Island State Park Authority created by this Act, upon consideration of a rental of one dollar per year, and certain other valuable considerations which will result in the operation of Jekyll Island as a State Park without expense to the State beginning one and one-half years from the passage of this Act, said authority as lessee to take the property subject to all contracts, leases and obligations heretofore entered into by the State of Georgia and/or the Parks Department thereof; to assume hereby for and on the part of the State of Georgia to continue to pay all costs of, and receive all income from the existing facilities of said island, for one and one half years after the passage of this Act; to charge the authority hereby created for and on the part of the State of Georgia with the faithful and honest performance of its consideration to the State for the leasehold herein granted and all other duties and obligations arising under this Act, and other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. This bill may be cited as the Jekyll Island State Park Authority Act. Title of Act. Section 2. There is hereby created a body corporate and politic to be known as the Jekyll Island State Park Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority 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 exist for fifty-two (52) years. Authority created. Section 3. The authority shall consist of five members to be appointed by the Governor from the State at large. The original appointments shall be made in such manner that the term of one member shall expire July, 1954, the term of another member shall expire July 1, 1956, the term of another member shall expire July 1, 1958, the term of another shall expire July 1, 1960, and the term of the remaining member shall expire on July 1, 1962. Their successors shall serve for

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terms of ten years from the dates of expiration of their respective terms, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Any member of the authority shall be eligible to succeed himself or any other member. Future vacancies and replacements of every character whatsoever, shall be filled by appointment of the Governor of the State of Georgia from a list of ten or more of reputable, interested, outstanding citizens, drawn up by this authority and communicated to the Governor within 15 days of the occurrence of any vacancy. This list of eligible, interested citizens submitted by the authority shall be certified by the chairman of the authority and the Secretary of State. Immediately upon the event of this Act becoming law the appointed members shall enter upon their duties, and their successors shall so begin their duties upon their respective appointments. The authority shall elect one of its members as chairman and one vice-chairman and shall elect a secretary and treasurer who may not necessarily be a member of the authority. Three members of the authority shall constitute a quorum. No vacancy in the authority shall impair the right of a quorum to exercise all 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. Members, terms, vacancies, etc. Section 4. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income and expenditures of every kind and shall submit for inspection all of the said books together with a proper statement of the authority's financial position once a year on or about December 31st to the State Auditor. Annual reports to State Auditor. Section 5. As used in this Act, the following words and terms shall have the following meanings: Definitions. (a) The word authority shall mean the Jekyll Island State Park Authority created by this Act. (b) The word project shall be deemed to include any subdivision, hotel, cottage, apartment house, public buildings,

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school, utility, dock, facility, water course, airport, bridge, golf course, tennis court, or other resort recreational facility. (c) The word park shall mean Jekyll Island State Park. Section 6. The authority shall have power: (a) to have a seal and alter the same at pleasure; (b) to acquire, hold and dispose of personal property for its corporate purposes; Powers. (c) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorneys and fix their compensation; (d) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it caused to be subdivided, erected or acquired; (e) to plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia; (f) 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; (g) to borrow money for any of its corporate purposes and to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof;

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(h) 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; (i) to do all things necessary or convenient to carry out the powers expressly given in this Act; (j) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner coming within the purposes or powers of the authority; (k) to adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (l) 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. (m) to receive gifts, donations or contributions from any person, firm or corporation; (n) to hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this authority; and (o) to do any other things necessary or proper to beautify, improve, and render self-supporting said island park, to make its facilities available to people of average income, and to advertise its beauties to the world. Section 7. All income, revenues, gifts, grants, appropriations, bond or loan proceeds, rights and privileges of value of every nature accruing to the authority shall be used for the sole purpose of beautifying, improving, developing, enlarging, maintaining, administering, managing, and promoting Jekyll Island State Park at the lowest rates reasonable and possible for the benefit of the ordinary people of the State of Georgia. Use of income. Section 8. To the authority is granted hereby for and on the part of the State of Georgia a lease for a term of fifty

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(50) years, beginning upon the date this Act becomes law, to all of that island of the State of Georgia, County of Glynn, being known as Jekyll Island and the marshes and marsh islands adjacent and adjoining the same owned by the State of Georgia; being that island of eleven thousand acres, more or less, lying east of the mainland coast of Georgia, County of Glynn, bounded upon its easterly shore by the Atlantic Ocean; bounded upon its northerly shore by Brunswick River; bounded upon its westerly shore by Brunswick River, Jekyll Creek, Jekyll River, and Jekyll Sound; and bounded upon its southerly shore by Jekyll Sound, together with the adjacent and adjoining marshes and marsh islands; which properties may also be described as all of the lands acquired by the State of Georgia in a certain condemnation proceeding, the State of Georgia vs. Jekyll Island Club, Inc., et al., filed June 6, 1947 in Glynn County Superior Court; which properties may also be described in all conveyances, conveying any and all parts of Jekyll Island and the adjacent and adjoining marshes and marsh islands to the State of Georgia, recorded upon the official deed books of Glynn County as of the date of passage of this Act, all and each one of said conveyances being, by reference, expressly incorporated into this section of this Act and made, in their entireties, a part hereof; all rights, rights of way, water rights, immunities, easements, profits, appurtenances, and privileges thereof or relating thereto of every kind; all improvements, permanent or temporary, located thereon or dedicated to the use or service thereof; and in addition all personal property or property of any kind, of the State of Georgia located thereon or dedicated to the use or service thereof; this lease to be for and in consideration of; (a) one dollar annually for each calendar year or fraction thereof paid in hand to and receipted for by the State Treasurer, (b) immediate preparation for subdivision and improvement, of not more than one-third of Jekyll Island into lots to be subleased by the authority, (c) assumption by the authority beginning one and one-half (1) years after the passage of this Act, of the deficits to be incurred in the operation of the public facilities of the park at rates so moderate that all of the ordinary citizens of the State may enjoy them, (d) assumption of the authority at that time of all other costs and operational deficits incurred by the said park, (e) a convenant by

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the authority to beautify, improve, and enlarge and promote the park and its public facilities to the utmost of its ability and capacity, (f) a covenant by the authority to maintain, repair and provide reserve funds to replace the facilities of the park as is fitting, convenient, or necessary to the utmost of its ability and capacity, and (g) the reasonable compliance of the authority with the provisions of this Act, provided further; the State of Georgia shall continue to receive all revenue from and pay all cost of the existing facilities, but shall have no right in or to, or responsibility for any new facilities, of said park for one and one-half years after the passage of this Act, provided further; this lease from the State of Georgia is granted expressly subject to all existing contracts, leases and agreements on or relating to said property which by law must now expire at the end of the present gubernatorial term of office, but without projudice to the right of the parties thereto to release the same to said authority and the right of said authority to procure release of the same. Grant of lease to Jekyll Island. Consideration. Section 9. It is hereby found, determined, and declared that the consideration paid and given and to be paid and given to the State of Georgia by the authority for its leasehold, and privileges thereunder, is good and valuable and sufficient consideration therefor and that this action on the part of the authority and the State is in the interest of the public welfare of the State of Georgia and its citizens. Section 10. The authority is empowered to survey, subdivide, improve and lease as subdivided and improved not more than one-third of the highland portion of Jekyll Island, the leased property described aforesaid. Subleases authorized. Section 11. The leasing of the lots subdivided shall be for not more than 50 years under stringent restrictive limitations as to use, the style and character of the structures allowable thereon, and such other limitations as the authority may deem wise; all such restrictions shall be incorporated in the leases as covenants providing for forfeiture upon breach. No sublease by any tenant of the authority shall be legal, without the approval of the authority; no person, partnership, or corporation, except the authority, may, during the life of the

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authority, hold more than three (3) lots of the subdivision made upon Jekyll Island by the authority. Limitations to be embodied. Section 12. The lots subdivided by the authority are to be leased in groups deemed appropriate, only after notice published once a week for four (4) weeks in the official organs of Glynn and Fulton Counties, at public auction or by sealed competitive bids, provided: that the authority shall have the privilege of setting minimum prices below which no bid for lease shall be accepted, and provided further: that when in the opinion of the authority the public welfare demands it, after first giving notice to the Attorney General of the particulars, the authority may conclude any authorized lease by private negotiation. Notice, etc. Section 13. The authority is directed as soon as it deems it feasible so to do to set aside sufficient land on Jekyll Island to provide a suitable plot for each county in the State for use for charitable purposes. The authorities having charge of the fiscal affairs of any county desiring to use such plot shall file with the authority a proposal setting forth the uses to which such plot is to be placed, the persons or persons to have charge and control of the same, the nature of improvements to be placed thereon. Such proposal shall also disclose how funds are to be secured for the improvement and operation of the facilities. If the authority deems such proposal to be in the public interest and to the advantage of the said State park it may lease such plot for not exceeding 20 years to the fiscal authority of such county or to properly appointed trustees. Such lease shall provide such restrictions, covenants and conditions as the authority deems proper, and for the termination of the lease upon violation of the provisions of the lease. Leases to counties. Section 14. The authority is hereby empowered to exercise such of the police powers of the State as may be necessary to maintain peace and order and to enforce any and all zoning, user, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation, and the State; however, the authority may delegate all or any part of performance

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of this function for a time or permanently to the State and/or the county in which the park is located. Police powers. Section 15. The authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue-anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, subdivision, development, improvement, maintenance, and other charges incident thereto in connection with any facilities or projects as defined in this Act, and shall likewise have power to issue refunding certificates. The authority may issue such types of certificates as may be determined by the authority, including certificates on which principal and interest are payable: (a) exclusively from income or revenues of the operation of the authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects, (c) from revenues of the authority generally. Any such certificates may be additionally secured by the hypothecation of any revenues from any unit, subdivision and by mortgage of any project or any part thereof consisting of real or personal property of the authority, except as prohibited by law. Revenue-anticipation certificates. Section 16. Neither the members of the authority nor any person executing certificates on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligation of the authority shall not be, and shall so state on the face thereof, a debt of the State of Georgia. Certificates of the authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom shall be exempt from all taxes. Certificates not debt of State. Section 17. Certificates of the authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding four per centum per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment,

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at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the authority whose signatures appear on any certificate or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. Section 18. Certificates of the authority shall be confirmed and validated in accordance with the procedure of Chapter 87-8, Code of Georgia, except as is lawfully prescribed, provided, or required otherwise by this Act and any or all of its provisions, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the authority issuing the same; venue of such actions shall be Fulton County. Certificates. Validation. Section 19. Obligations of the authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with the law as shall be determined by the authority and the authority may in such instruments provide for the pledging of all or any part of its gross or net rents, tolls, charges, revenues and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges or rents and to further provide for the disposition or proceeds realized from the sale of any certificates and for the replacement of lost, destroyed or mutilated certificates and necessary provisions as to payment and redemption of such certificates. Provisions in certificates. Section 20. Undertakings of the authority may likewise prescribe the procedure by which the certificate holders may enforce rights against the authority and provide for such rights upon breach of any covenant, condition or obligation of the authority. Trust indentures, mortgages or deeds to secure debt executed by the authority may provide that, in the event of default by the authority in the payment of principal and interest on certificates or obligations, or breach of any covenent, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project

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mortgaged for the repayment of any indebtedness of the authority and provide the terms and conditions upon which the trustee or trustees or holders of certificates may enforce any right relating to such certificates. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the authority not inconsistent with the laws of the State of Georgia and all other laws relating thereto. Enforcement of rights against authority. Section 21. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions. Venue of such actions. Section 22. While any of the revenue-anticipation certificates 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 and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to effect adversely any of the interests and rights of the holders of such certificates, 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 certificates, and upon the issuance of certificates under the provisions hereof, shall constitute a contract with the holders of such certificates. Certificates as contracts. Section 23. This Act being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof, and shall repeal all conflicting or contrary laws or Acts whatsoever. Construction of Act. Section 23A. The authority shall have no right to mortgage, pledge, or encumber any portion of the leasehold estate to be conveyed to it by the State, except that part that is sub-divided into lots in accordance with Section 8 of this Act. What may be encumbered. Section 24. 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 effect or impair any of the remaining provisions. Approved February 13, 1950.

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CERTIFIED PUBLIC ACCOUNTANTSREVOCATION OF CERTIFICATES. Code 84-210 Amended. No. 644 (House Bill No. 381). An Act to amend Section 84-210 of the Georgia Code (Acts 1935, p. 91) relating to the revocation of certificates of certified public accountants of this State by the State Board of Accountancy by striking from said section the provision that any appeal from the ruling of said Board of Public Accountancy must be by petition for certiorari to the judge of the Superior Court of Fulton County and substituting in lieu thereof provisions to the effect that said appeal shall be made to the judge of the superior court of the county of the residence of the dissatisfied party on petition asking for a trial by jury; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 84-210 of the Georgia Code is hereby amended by striking the following language from said section which appears as part of the third from the last sentence in said section following the last comma in said third from the last sentence in said section and in the last sentence and next to the last sentence in said section: Code 84-210 amended. present a petition for certiorari to a judge of the Superior Court of Fulton County and procure an order of sanction thereon. In the event of filing and sanction of such petition for certiorari such cause shall be reviewed in the Superior Court of Fulton County as other proceedings by certiorari. The defendant shall give bond as required by law for payment of the cost. and substituting in lieu thereof the following: present a petition to the judge of the superior court of the county of the defendant's residence, asking for a trial by jury in said petition, which petition shall be sanctioned by such judge and the clerk of the superior court of such county shall file the same, and the cause shall stand for trial at the next term of such court for such county as other causes which are tried by a jury. On the trial of such cause before the jury the same shall be de novo and the defendant and the Board

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shall be permitted to introduce any admissible evidence. so that said section as amended shall read as follows: 84-210. Revocation or suspension of certificate or registration card; grounds; notice of charge; trial; counsel; certiorari.Any certificate or registration card issued by the Board may be revoked and canceled, or suspended for a definite period, after a hearing, for any violation of this chapter, or in the event the holder of such certificate or registration card is convicted of an offense involving moral turpitude, or for any other cause which the Board may deem sufficient. Before any such certificate or registration card may be revoked or suspended the Board shall give written notice to the holder thereof of the charges brought against him which may be preferred by any citizen of this State, or brought by the Board of its own motion. Such notice shall be mailed to the holder of such certificate or registration card 30 days before the date fixed for hearing thereon. The Attorney General, or an assistant designated by him, shall represent the Board and the interests of the public. The defendant shall have the right to be represented by counsel. If the Board shall find that the charges against such applicant have been sustained it shall enter an order revoking or suspending such certificate or registration card as herein provided. Such order shall become effective at the end of 30 days from the date thereof, unless the defendant shall, within said 30 days, present a petition to the judge of the superior court of the county of the defendant's residence, asking for a trial by jury in said petition, which petition shall be sanctioned by such judge and the clerk of the superior court of such county shall file the same, and the cause shall stand for trial at the next term of such court for such county as other causes which are tried by a jury. On the trial of such cause before the jury the same shall be de novo and the defendant and the Board shall be permitted to introduce any admissible evidence. The purpose and intention of this section shall apply to Registered Public Accountants in the same manner in all respects, and they shall have the same rights and privileges as certified public accountants. New section. Grounds. Notice of charge. Trial. Appeal. Registered public accountants. Section 2. That all laws and parts of laws in conflict with same be and are hereby repealed. Approved February 14, 1950.

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GENERAL ASSEMBLYSENATORS. Code 47-102 Amended. No. 647 (House Bill No. 977). An Act amending that certain Act of the General Assembly approved February 1, 1946, entitled An Act to amend Section 47-102 of the Code of Georgia of 1933, and all Acts amendatory thereof, relating to the senatorial districts of said State, by striking said section in its entirety, and substituting in lieu thereof a new section to be numbered 47-102, so as to provide for fifty-four senatorial districts of the State of Georgia; to provide that the same shall be distributed and be composed of the various counties of said State; to provide for a system of rotation for the election of senators; to repeal all conflicting laws; and for other purposes; by it providing for the furnishing of the senator from all districts in the State which are composed of two counties; repealing all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Section 2 of that certain Act of the General Assembly approved February 1, 1946, be and the same is hereby amended by adding to Section 2 of said Act the following: In all senatorial districts of the State of Georgia comprised of two (2) counties, the county having a population according the the census of 1940 or any future census of more than double the population of the other county in said district shall furnish the senator for two (2) successive terms at the expiration of which the smaller county shall furnish the senator for one (1) term. The county having the population of more than double that of the other county as aforesaid, shall furnish the senator for the next general election after the approval of this Act, to wit: the general election of 1950. In the general election of 1952 the smaller county shall furnish the senator and said order of furnishing the senator from such districts shall continue in the manner aforesaid. So that said Section 2 as amended shall read as follows: Section 2. The first county named in each of the above sections shall furnish the senator for the next general election

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and after that the counties in the order named above shall furnish the senator for that district. In all senatorial districts of the State of Georgia comprised of two (2) counties, the county having a population according to the census of 1940 or any future census of more than double the population of the other county in said district shall furnish the senator for two (2) successive terms at the expiration of which the smaller county shall furnish the senator for one (1) term. The county having the population of more than double that of the other county as aforesaid shall furnish the senator for the next general election after the approval of this Act, to wit: the general election of 1950. In the general election of 1952 the smaller county shall furnish the senator and in the general election of 1954 and 1956 the county having the larger population as aforesaid shall furnish the senator and said order of furnishing the senator from such districts shall continue in the manner aforesaid. Senators to be furnished by counties in rotation. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 14, 1950. LAW BOOKS TO CHATHAM SUPERIOR COURT. No. 52 (Senate Resolution No. 24). A RESOLUTION. Whereas, most of the law books belonging to Chatham County, Georgia, have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the County of Chatham 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 Chatham County, Georgia, without costs to said county except for payment of packing and transportation charges, the following volumes, to wit:

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Volumes 1 through 146, Georgia Reports. Volumes 1 through 19 of the Georgia Appeals Reports. The Clerk of the Superior Court of Chatham County, Georgia, is hereby made the custodian of all the volumes above listed for the use of the officers of the Superior Court of Chatham County, Georgia. If for any reason the State Librarian cannot furnish the law books specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same. Approved February 14, 1950. MILKSTANDARDS. No. 652 (Senate Bill No. 185). An Act to govern and regulate the sale, inspection, importation and distribution of all fluid milk for human consumption; to prescribe its standards; to prescribe the sanitary requirements; to provide adequate inspection of dairies, milk plants, milk and milk products; to provide for rules and regulations to be promulgated by the Commissioner; to provide for pasturization to be governed by each municipality; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That on and after the passage of this Act, all fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered for the purpose of human consumption shall be Grade A, only, according to specifications in the laws, and rules and regulations promulgated by the Commissioner of Agriculture. Grade A only. Section 2. The Commissioner of Agriculture is hereby empowered and shall hereby have the authority to promulgate rules and regulations prescribing the sanitary standard requirements of all milk sold, or offered for sale, in this State provided

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that no rules and regulations shall be promulgated setting up standards lower than those as set forth in the United States Public Health Ordinance Code. Regulations of Commissioner of Agriculture. Section 3. It is hereby required that all milk and milk products shipped into this State from another State shall meet the sanitary standards and requirements of the law, and the rules and regulations promulgated by the Commissioner of Agriculture. From other States. Section 4. The Commissioner of Agriculture shall have the power and authority to revoke or cancel the permit, or license, of any person, firm or corporation doing business in the State who violates any of the provisions of this Act. Revocation of permits. Section 5. All municipalities, cities, towns and counties shall have the power and authority by ordinance or otherwise to set up standards concerning all milk and milk products sold within their limits higher than the standards prescribed heretofore in this Act, and such municipalities, cities, towns and counties shall have the power and authority to revoke or cancel the permit or license of any person, firm or corporation doing business within their limits who violates any of the provisions of this Act, or ordinance, or rule or regulation, or order prescribed by said municipalities, cities, towns or counties. No rules and regulations shall be promulgated by the Commissioner of Agriculture denying any municipality, city, town or county the power and authority provided for in this section. Powers of municipalities and counties. Section 6. Provided that any section, paragraph or clause of this Act shall be held unconstitutional that it shall not affect the validity of the remaining parts of this Act. If part invalid. Section 7. All laws and parts of laws in conflict with this Act shall be, and the same are hereby repealed. Approved February 15, 1950. NATUROPATHYPRACTICE. No. 653 (House Bill No. 600). An Act to create a board to be known as the Georgia Board of Naturopathic Examiners; to provide for the qualifications

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of the members of said Board; to provide for the appointment of the members of said Board; to provide for their terms of office; to provide for the organization of said Board; to provide for a quorum of said Board; to provide for the authority of said Board; to provide for the issuance of licenses for the practice of naturopathy; to provide for the qualifications of applicants for such licenses; to provide for examinations of said applicants; to provide for the issuance of licenses to licensees of other states; to provide for meetings of said Board; to provide for the recording of licenses; to provide for the definition of naturopathy; to provide for the revocation of licenses; to provide for fees; to provide for a penalty for the practice of naturopathy without a license; to provide for a penalty for licensees who practice surgery or materia-medica; to provide for the exemption of certain persons from the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That there is hereby created and established a board to be known as the Georgia Board of Naturopathic Examiners. Said Board shall be composed of four members, all of whom must be bona fide residents of the State of Georgia and of good moral and professional character. They must be actively engaged in the practice of the profession of naturopathy and must have been so engaged in such practice in the State of Georgia for a period of not less than one year immediately preceding the passage of this Act. Each member must be a graduate of a reputable and approved college or school of naturopathy and each must be of recognized integrity and ability as naturopathic manipulators or practitioners. Board of Naturopathic Examiners. Section 2. That the members of said Board shall be appointed by the Governor of the State of Georgia. The term of office of each member shall be four years, and each shall serve until his successor is appointed by the Governor. The members of said Board shall, before entering upon the discharge of their duties, subscribe to and file with the Secretary of State the constitutional oath of officers. The Governor shall appoint the original members of said Board and likewise all subsequent members. Members, appointment, terms, etc.

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Section 3. That the original members of said Board shall be named and appointed by the Governor within 30 days after the passage of this Act. The members so named and appointed shall hold an organizational meeting within 30 days after the date of the appointment of the fourth member, at which meeting they will elect a president and a vice-president. The Board shall be under the jurisdiction of the office of the Secretary of State and the Secretary of the Joint Examining Boards shall act as secretary and treasurer of said Board. Three members of said Board shall constitute a quorum at said meeting and at any and all subsequent meetings. Organizational meeting. Section 4. That the said Board shall have the authority to formulate rules and regulations for the purpose of carrying out and enforcing the provisions of this Act. Rules and regulations. Section 5. That the said Board shall have the authority to issue to each of the four original members thereof a license permitting them to practice naturopathy, upon the payment of a fee of $25.00. The said Board shall also have the discretionary authority to issue a license to other naturopathic manipulators or practitioners who are engaged in the active practice of their profession in Georgia at the time of the passage of this Act, and who possess all the other qualifications as set out for members of the Board in Section 1 of this Act. Said other naturopathic manipulators or practitioners shall make application in writing to the Board for such license and shall accompany said application with a fee of $25.00. In order for any naturopathic manipulator or practitioner to obtain a license under the provisions of this section, he must file said application within six months after the date of the passage of this Act. Licenses to present practitioners. Section 6. That any person, other than as set out in Section 5, desiring to enter upon the practice of naturopathy, shall make written application to the Board of Naturopathic Examiners for a license to practice naturopathy. Said application shall be accompanied by a fee of $25.00. Any person making such application must be of good moral character, a high school graduate, must have had at least one academic year of premedical schooling, and must have successfully completed at least four years study (of nine months each) or a total of 4,400 scholastic hours, in a reputable and approved college of

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naturopathy conferring the degree of naturopathy (N.D.). Non-resident applicants shall furnish the said Board with adequate character references, which references shall be checked to the satisfaction of all members of the Board. Applications. Upon satisfactory evidence of qualification, the applicant shall be permitted to take the examination for license to practice naturopathy. Said examination shall be partially oral and partially written, and shall be conducted by the Board of Naturopathic Examiners. In the event the applicant successfully passes said examination, he shall be issued a license by the Board entitling him to engage in the practice of naturopathy in Georgia. No applicant shall be permitted to take more than three examinations in all. Examination. Section 7. That the said Board shall have the authority to issue a Georgia license to licensed naturopathic manipulators or practitioners of other States who desire to practice naturopathy in Georgia, provided, howeve,r that no such license shall be issued to a licensee of a State with which no reciprocal agreement has been established. The fee for such license as set out in this section shall be $50.00. Licenses to practitioners of other States. Section 8. That the Board of Naturopathic Examiners shall hold meetings in June and November of each year in Atlanta, Georgia, for the purpose of conducting examinations and to transact any other business of the said Board. Special meetings may be called from time to time by the president of said Board, upon the majority vote of the members of said Board. It shall be the duty of the secretary of the Board to keep accurate minutes of all meetings of the Board. It shall further be the duty of the secretary, to keep a record of all receipts and disbursements of monies. Meetings. Section 9. That any person obtaining a license to practice naturopathy is hereby required to record the same in the office of the ordinary of any and every county of this State in which such person shall practice naturopathy. The said ordinary shall be paid a fee of $1.00 by the licensee for such recording. Record of license with ordinary. Section 10. For the purpose of this Act, naturopathy and natureopathy shall be construed as synonymous terms, and the practice of naturopathy or natureopathy, is hereby defined

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as that philosophy and system of the healing art embracing prevention, diagnosis, and treatment of human ills and functions by the use of several properties of air, light, heat, cold, water, manipulation, with the use of such substances, nutritional as are naturally found in and required by the body, excluding drugs, surgery, x-ray, and radium therapy, and the use of x-ray equipment. Construction of terms. Section 11. That all persons licensed to practice naturopathy shall be subject to and observe all State, county and municipal statutes, ordinances and regulations pertaining to public health, in the same manner as other licensed practitioners of the healing arts and the reporting of deaths. Section 12. That the Board of Naturopathic Examiners may revoke any license issued under this Act of any person who commits an act involving moral turpitude, or who is guilty of highly unprofessional conduct, or whose license was issued through error, fraud, or perjury. Provided, however, that such revocation shall not issue without a hearing before the Board. The Board shall have the authority to summon witnesses, take testimony, and to perform other acts necessary to insure a fair and proper hearing. Provided further, that the Board shall have the authority to reinstate any license so revoked. Revocation and reinstatement of licenses. Section 13. All fees collected under the provisions of this Act shall be paid to the Secretary of the Joint Examining Boards and he shall use the same procedure in the handling of said fees as he now does with the various other examining boards of which he acts as secretary. Fees. Section 14. That any person who shall practice or attempt to practice naturopathy or any of its branches, or who shall hold himself out in any manner as a naturopathic manipulator or practitioner, without first obtaining a license as provided in this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Practice without license. Section 15. That any person, licensed under this Act, who practices or attempts to practice surgery, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Surgery. Section 16. Nothing in this Act shall be construed to be authority for any naturopath, licensed hereunder, to practice

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medicine as defined by the laws regulating the practice of medicine in this State, surgery, dentistry, osteopathy, chiropractic, Christian Science, or any other treatment or system of treatment authorized for by law, nor shall the provisions of this Act in any way or manner apply to or affect the practice of medicine, surgery, osteopathy, Christian Science, or any other treatment or system of treatment authorized and provided for by law for the prevention of human ills. Acts prohibited to licensees. Nothing in this Act shall be construed to allow, permit or license those practicing naturopathy in the State of Georgia to perform surgery of any kind or description, or to prescribe any drugs, medicines, narcotics or other remedies whereby a prescription is required. Should any member of this profession, upon trial and conviction of the violation of any of the terms of this Act, and especially the prohibitions named therein, the practitioner shall immediately have his license revoked and be punished as for a misdemeanor. Those practicing naturopathy in this State shall not be deemed or designated as doctors or physicians, except as provided herein. Section 17. That in the event any provision or part of this Act shall be held unconstitutional by a court of competent jurisdiction, the remaining portions of said Act shall not be deemed unconstitutional, but shall remain of full force and effect. If part invalid. Section 18. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 15, 1950. BAR EXAMINATIONSQUALIFICATIONS OF APPLICANTS. Code 9-103 amended. No. 654 (House Bill No. 458). An Act to provide for and to prescribe proper educational standards of applicants for the bar examinations; and for other purposes.

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Section 1. That Section 9-103 of the Code of Georgia of 1933 reading as follows: Code 9-103 amended. Any citizen of good moral character who has read law and undergone a satisfactory examination as hereinafter prescribed, may practice law. be repealed and that a new section to be known as Section 9-103 be substituted in lieu thereof as follows: 9-103. Any citizen, of good moral character and at least 21 years of age, who has the educational qualifications provided in this section and who has undergone a satisfactory examination as hereinafter prescribed, may practice law. An applicant for such examination shall have either a high school education or its substantial equivalent. An applicant for such examination shall further have either successfully completed two years of legal study in a law school or shall have read law for a period of two years in the office of one or more practicing members of the bar in Georgia or under such practitioner or practitioners tutelage. New section. Qualifications of applicant. Section 2. This Act shall become effective as to all applicants for any bar examination held after July 1, 1952. The applicant for admission to the bar shall accompany a certificate by a licensed school teacher or the county school superintendent in the county in which he resides certifying as to his educational qualifications. Effective date. 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 February 15, 1950. SALE BY WIFE OF SEPARATE ESTATE TO HUSBAND OR TRUSTEE. Code 53-504 repealed. No. 655 (House Bill No. 303). An Act to repeal Section 53-504 of the 1933 Code of Georgia relating to contracts of sale by a wife of her separate estate to her husband or trustee, and for other purposes:

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That Section 53-504 of the 1933 Code of Georgia which provides as follows: 53-504. No contract of sale by a wife of her separate estate to her husband or her trustee shall be valid, unless the same shall be allowed by order of the superior court of the county of her domicile. be, and the same is hereby repealed in its entirety. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 15, 1950. SUPERIOR COURTSUNPAID COSTS IN FELONY CASES. No. 656 (House Bill No. 841). An Act to provide for the payment of costs to clerks of the superior courts, in all the counties of this State in which said clerks are paid on a fee basis, for services rendered in felony cases from county funds whether the defendant is convicted or acquitted; 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 all unpaid costs arising from services rendered in felony cases, including transcripts to appellate courts under forma pauperis affidavits, due clerks of the superior courts in all of the counties of this State in which said clerks are paid on a fee basis shall be paid from county funds after each term of court, by order of the judge approving same, whether the defendant is convicted or acquitted. Unpaid costs in felony cases. 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 15, 1950.

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WAYCROSS JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 657 (Senate Bill No. 138). An Act to amend an Act abolishing the fee system existing in, the superior courts of the Waycross Judicial Circuit approved March 27, 1941, and amended February 12, 1945; to provide for equalization of compensation for attendance, for restoring the fee system relating to transcribing felony cases, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 1 of said Act be, and the same is hereby amended by striking therefrom wherever they may appear the words and transcribing, so that said section as amended will read as follows: Sec. 1, Acts of 1941 and 1945, amended. Section 1. The fee system existing in the superior courts of the Waycross Judicial Circuit as applied to the office of the official court reporter, for attendance and for reporting felony cases, and all fees now or hereafter accruing to the office of official court reporter in said judicial circuit for attendance and for reporting felony cases be, and the same are hereby, abolished in so far as the same constitutes compensation of the said official court reporter; and the official court reporter of said judicial circuit shall hereafter be paid a salary as hereinafter provided in lieu of fees as under the present system for attendance and for reporting felony cases. Section 2. That Section 2 of said Act be, and the same is hereby, amended by striking therefrom wherever the same may appear the words and figures two thousand seven hundred and three dollars ($2,703.00), and by inserting in lieu thereof the words and figures three thousand dollars ($3,000.00); and by striking therefrom wherever they may appear the words and transcribing, so that said section as amended will read as follows: Sec. 2 amended. Section 2. The salary of the official court reporter of said judicial circuit shall be the sum of three thousand dollars ($3,000.00) per annum, which salary shall be paid pro rata

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out of the general treasury of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing the said circuit shall pay such part or proportion of said salary as its population shall bear to the official Federal census of 1940, until completion and promulgation of the next official Federal census, and so on according to each succeeding official census. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said official court reporter quarterly in each year out of the funds of said counties, that is to say, on the first of April, July, October, and January, and upon the regular county warrants issued therefor; and it is further the duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of three thousand dollars ($3,000.00) shall be in full payment for all services of said official court reporter in reporting felony cases tried in the superior courts of said counties. Reporter's salary. Section 3. That Section 3A of said Act be, and the same is hereby repealed. See 3A repealed. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 15, 1950. SOLICITORS-GENERAL EMERITUSAMENDMENT. No. 658 (Senate Bill No. 155). An Act to amend an Act known as An Act to provide for the creation of the office of solicitor-general emeritus adopted and approved February 17, 1949 and incorporated in the

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Laws of the General Assembly of 1949, pages 780-784 inclusive, by amending Section 2 thereof by adding after the words Court of Appeals of this State the words, or served immediately prior to appointment or election as solicitor-general as an assistant to the solicitor-general or as an assistant solicitor-general and performed the duties of the solicitor-general in the prosecution of cases in both the superior court and in the city court and by amending Section 2 by striking the words, a majority of time required and adding in place thereof the words, at least five years; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Section 2 of the Act known as an Act to provide for the creation of the office of solicitor-general emeritus adopted and approved February 17, 1949 and incorporated in the Laws of the General Assembly of 1949, pages 780-784 inclusive, be amended by adding after the words Court of Appeals of this State the words, or served immediately prior to appointment or election as solicitor-general as an assistant to the solicitor-general or as an assistant solicitor-general and performed the duties of the solicitor-general in the prosecution of cases in both the superior court and in the city court and by further amending said Section 2 of said Act as aforesaid by striking the words, a majority of time required and adding in place thereof the words, at least five years so that said Section 2 as aforesaid as amended shall read as follows: Sec. 2, Act of 1949, amended. Section 2. Any solicitor-general of the State of Georgia, who have been in service as such solicitor-general of this State for nineteen years, or who is presently solicitor-general and has served the required number of years under this bill either as solicitor-general, or has served a portion of this time as solicitor of a city court from which appeals can be taken direct to the Court of Appeals of this State or served immediately prior to appointment or election as solicitor-general as an assistant to the solicitor-general or an assistant solicitor-general and performed the duties of the solicitor-general in the prosecution of cases in both the superior court and in the city court; provided, however, at least five years must have been served as solicitor-general of the superior court, shall be eligible for appointment to the office of solicitor-general emeritus. Who eligible.

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Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 15, 1950. SAVANNAH RIVER TOLL BRIDGE. No. 659 (Senate Bill No. 152). An Act amending the Act creating the Coastal Highway District approved August 18, 1924 and incorporated in the Acts of the General Assembly of 1924 on pages 307-314 inclusive by authorizing the Coastal Highway District through its commissioners to construct a toll bridge across the Savannah River with the aid of State and Federal funds and the proceeds of revenue-anticipation certificates to be issued by the Coastal Highway District as authorized by law providing for said toll bridge to become a free bridge upon the payment of the principal and interest of the revenue certificates issued for its construction; 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 authority of the same that the Coastal Highway District, a political subdivision of the State, is hereby authorized specifically to enter into a project for the construction of a toll bridge across the Savannah River and for the acquirement of rights of way for the construction of a highway and approaches to said bridge at a location to be determined by the Coastal Highway Commissioners, the governing body of the Coastal Highway District. Coastal Highway District authorized to construct. Section 2. Be it further enacted that the toll to be charged for the use of said bridge shall be at a minimum and not to exceed the amount required to pay off the principal and interest of revenue certificates issued for the construction of the same and upon retirement of the principal and interest of said certificates said bridge shall immediately become a free bridge. Said commissioners of the said Coastal Highway District, through its commissioners, are specifically authorized to issue

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revenue-anticipation certificates in an amount necessary for the construction of the same over and above the amount contributed by the Federal Government and the State Highway Department of Georgia. Tolls. Revenue-anticipation certificates. Section 3. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 15, 1950. MILITARY DEPARTMENTEMPLOYEES UNDER MERIT SYSTEM. No. 660 (Senate Bill No. 163). An Act to extend the provisions of the Merit System Act, approved February 4, 1943 (Ga. Laws 1943, pp. 171-177) to include the employees of the State Military Department; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That all employees of the State Military Department, except the Adjutant General, Assistant Adjutant General, (Executive), and Aide-de-camp, shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system control as may be authorized by the Act approved February 4, 1943 (Ga. Laws 1943, pp. 171-177) providing for the establishment of a Merit System Council, or any amendments thereto. Employees under Merit System. Section 2. That all employees of the State Military Department, except the Adjutant General, Assistant Adjutant General, (Executive), and Aide-de-camp, who are on the payroll of said department on the effective date of this Act, who shall be issued a certificate of satisfactory service by the Adjutant General, shall be given permanent status under the Merit System. Certificate of satisfactory service.

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Section 3. That the State Military Department shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in Section 3, Paragraph (e), of the Merit System Act referred to in Section 1 of this Act. Administrative costs. Section 4. That if any provision of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule or regulation shall not be affected thereby. If part invalid. Section 5. That all laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed. Section 6. That this Act shall become effective on July 1, 1950. Approved February 15, 1950. SUPERVISOR OF PURCHASES. Code Ch. 40-19 amended. No. 662 (Senate Bill No. 240). To amend an Act approved March 24, 1939 (Georgia Laws 1939, pages 160-177), entitled in part An Act to amend an Act approved March 29, 1937 (Georgia Laws 1937, pages 503-515), entitled `An Act to amend Chapter 40-19 of the 1933 Code of Georgia, known as the chapter creating the Supervisor of Purchases within the Executive Department,' by adding a new section to said chapter to be known as Section 4-A; said section to provide for the powers and authority of said Supervisor of Purchases and to define his authority in granting the right to make purchases by individual departments and agencies of the State Government. Be it enacted by the General Assembly of the State of Georgia: Section 1. To be entitled an Act to amend an Act approved March 24, 1939 (Georgia Laws 1939, pages 160-177), entitled

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in part An Act to amend an Act approved March 29, 1937 (Ga. Laws 1937, pages 503-515), entitled `An Act to amend Chapter 40-19 of the 1933 Code of Georgia known as the chapter creating the Supervisor of Purchases within the Executive Department,' by adding a new section to be known as Section 4-A, and to read as follows: Section 4-A. The Supervisor of Purchases shall have the power and authority and it shall be his duty subject to the provisions of this chapter to contract for the purchase of all supplies, materials and equipment required by the State Government. After sources of supply have been established by contract under competitive bidding and certified by the Supervisor of Purchases to the different departments, institutions and agencies of the State as provided for in this chapter, such institutions, agencies, or departments of State shall make requisition on blanks to be approved by the Supervisor of Purchases for such supplies, materials and equipment required by them from the supply so certified and except as herein otherwise provided for, or unless such departments, institutions and agencies of State obtain written authority from the Supervisor of Purchases to do so, it shall be unlawful for them or any of them to purchase any supplies, materials or equipment from other sources than as certified to them by the Supervisor of Purchases. Requisitions for supplies, etc. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 15, 1950. DEPARTMENT OF COMMERCEBOARD OF COMMISSIONERSAMENDMENTS. No. 663 (House Bill No. 856). An Act to amend the Act approved February 7, 1949 (Ga. Laws 1949, pp. 249-256), entitled An Act to abolish the Agricultural and Industrial Development Board of Georgia; to create within the Executive Department a Department of Commerce; to establish for the operation of said Department

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of Commerce a Board of Commissioners and to provide for the appointment and terms of office of a chairman and members of the Board; to provide for the appointment of a secretary of the Board, his term of office, compensation and duties; to provide for the powers and duties of the Board; to authorize employment by the Board of assistants and independent agents for aid and counsel; to provide for the payment of expenses of the Board; to repeal conflicting laws; and for other purposes, to provide for the meetings of the Board of Commissioners; and to provide that the members of the Board shall be entitled to receive expenses incurred by them in attending the meetings of the Board and in travelling on the business of the Board within and without the State of Georgia; and further amended to provide that the annual salary of the secretary of the Board shall be left to the discretion of the Governor and the Board of Commissioners. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the above recited Act creating and establishing within the Executive Department a Department of Commerce, approved February 7, 1949 (Ga. Laws 1949, pp. 249-256), be, and the same hereby is, amended by striking in its entirety Section 7 of said Act, reading as follows: Section 7. The members of the Board shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred by them while attending meetings of the Board and for travel to and from said meetings, however, said Board shall be limited to not more than two meetings per month or twenty-four meetings per year, and each of said meetings to be limited to not more than forty-eight hours. and by enacting in lieu thereof a new Section 7, which shall read as follows: Sec. 7, Act of 1949, amended. Section 7. (a) Meetings of the Board shall be held at such times and places within the State as the members may determine and they may convene in call session upon call by the chairman or by a majority of the members of the Commission. New Sec. 7. Meetings. (b) The members of the Board shall receive no compensation for their services, but shall be entitled to receive expenses

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incurred by them while attending meetings of the Board and for travel to and from said meetings and expenses incurred by them in travelling within and without the State of Georgia on the business of the Board. Expenses of members. Section 2. That the above recited Act creating and establishing within the Executive Department a Department of Commerce, approved February 7, 1949 (Ga. Laws 1949, pp. 249-256), be, and the same hereby is, amended by striking from Section 12 thereof the figures $5,000.00 and by inserting in lieu thereof the salary of the secretary shall be left to the discretion of the Governor and Board of Commissioners, but not to exceed $7000.00. Sec. 12 amended. Section 12. The secretary shall be paid an annual salary which shall be left to the discretion of the Governor and the Board of Commissioners, and shall, in addition, be entitled upon approval by the Board to receive from the State his reasonable expenses for travel on the business of the Board within and without the State of Georgia. Secretary's compensation. Section 3. That the above recited Act creating and establishing within the Executive Department a Department of Commerce, approved February 7, 1949 (Ga. Laws 1949, pp. 249-256), be, and the same hereby is, amended by striking from Section 18 thereof the words Section 19 and by inserting in lieu thereof Section 17. Sec. 18 amended. Section 18. All funds received by the Board from grants or gifts made to and accepted by the Board pursuant to Section 17 of this Act shall be used by the Board to pay the expenses and costs of the operation of the Board. Grants, gifts. Section 4. This Act shall become effective upon its passage by the General Assembly and approval by the Governor. Effective date. Section 5. All laws and parts of laws in conflict with this Act be, and the same hereby are, repealed. Approved February 15, 1950.

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MALT BEVERAGESSALES AND DELIVERY. No. 664 (House Bill No. 886). An Act to further regulate the sales and delivery of malt beverages, to provide for penalties for violation of this Act and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows to wit: 1. Each wholesale distributor of malt beverages must keep a sales ticket or invoice at the time of any sale of malt beverages giving the following information therein: Sales tickets. (a) Name and address of the retailer making the purchase. (b) Exact number of cases or units of beer sold. (c) The invoice marked paid. (d) The number of empty cases or cartons sold or returned. (e) The amount of any county or city sales tax collected. (f) Any other information necessary for a complete description of the entire transaction. 2. Sales tickets or invoices so prepared must be filed at the place of business of each distributor for a period of six months thereafter and shall be open at all times to inspection by duly authorized agents of the State Revenue Commission. Inspection. 3. Not later than the 10th day of each month each wholesale distributor shall furnish to each municipality or county a complete statement showing the exact number of cases or units of malt beverages sold in such municipality or county, as the case may be, during the previous month, together with the total amount of sales tax, if any, collected during the previous month and remit the amount of sales tax so collected to the proper officer of such municipality or county. Statement and payment of sales tax. 4. All sales of malt beverages shall be delivered only to the premises of a retail dealer who has a retail license to engage in the malt beverage business and by no other means than a conveyance owned or operated by a wholesaler with a proper

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license or permit to make sales and deliveries within the municipality or county in which the sale and delivery is made, and the malt beverage so sold shall not be received, stored, or delivered on consignment to any other place than the premises for which a retail license has been issued. Delivery to retailers. 5. Any brand of malt beverage sold or offered for sale by a retailer, purchased from any person, firm or corporation except a wholesale dealer authorized to do business under the law of Georgia and under the terms of this Act, and without license or permit to make deliveries within the municipality or county in which the delivery is made shall be subject to confiscation by either the State or local authorities licensing the dealer to do business. Purchasers from other than licensed wholesaler. 6. Where a wholesale dealer is licensed to do business in one city or county and does business in other cities and counties, no city or county other than the city or county in which the business is located shall charge a license fee against said wholesaler to exceed $100.00 License fees. Section 2. Be it further enacted by the authority aforesaid that any person, firm or corporation violating any provisions of this Act or conspiring with others to violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Penalties. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1950. MOTOR COMMON CARRIERSCONSIDERATIONS DETERMINING GRANT OF CERTIFICATES. Code 68-609 amended. No. 665 (House Bill No. 1026). An Act to amend Chapter 68-6 of the Georgia Code of 1933, as amended, dealing with the regulations by the Georgia

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Public Service Commission of motor common carriers, by amending Section 68-609 of said chapter, entitled Considerations determining granting of certificates of public convenience and necessity, by adding thereto certain limitations upon the granting of such a certificate where an applicant proposes to operate over a route as to which another carrier already is the holder of a certificate or authority, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that: Section 1. Section 68-609 of the Georgia Code of 1933 entitled Considerations determining granting of certificates of public convenience and necessity is hereby amended by adding at the end thereof the following: Code 68-609 amended. No certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority when the public convenience and necessity with respect to such route is being adequately served by such certificate or authority holder; and no certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority unless and until it shall be proved to the satisfaction of the Commission that the service rendered by such certificate or authority holder, over the said route, is inadequate to the public needs; and if the Commission shall be of opinion that the service rendered by such certificate or authority holder over the said route is in any respect inadequate to the public needs, such certificate or authority holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate or authority shall be granted to an applicant proposing to operate over such route. Considerations where existing service over proposed route. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. That Act shall take effect immediately upon its approval by the Governor. Approved February 15, 1950.

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REVENUE CERTIFICATE LAWHIGHWAY DISTRICTS INCLUDED. No. 669 (Senate Bill No. 146). An Act amending the Revenue Certificate Law of 1937 (Georgia Laws 1937, pages 761-774) and as subsequently amended by Acts of the General Assembly of 1939, pages 362 to 366 authorizing counties, cities, towns and school districts to issue revenue-anticipation certificates and to create, construct and improve revenue-producing undertakings, by authorizing highway districts which have been created by constitutional amendment as political subdivisions of the State to enjoy the benefits of the Revenue Certificate Law of 1937 as subsequently amended and to authorize such highway districts which have been created as political districts of the State or which may hereafter be created as political subdivisions of the State to operate under said Revenue Certificate Law of 1937 as subsequently amended in the same manner as counties, cities, towns and school districts of the State and authorized to perform under the provisions of said Revenue Certificate Law; repealing all laws in conflict herewith and for other purposes. Whereas, the Coastal Highway District composed of the counties of Chatham, Bryan, Liberty, McIntosh, Glynn and Camden Counties was created by constitutional amendment as a political subdivision, body politic and corporate for the purpose of aiding in the construction and improvement of the public highway known as U. S. 17 and extending from the Savannah River to the Florida line, and, Whereas, a Revenue Certificate Law of 1937 as subsequently amended authorizes counties, cities, towns and school districts of the State to operate under and to receive the full benefit of the provisions of said law. Section 1. Therefore, be it enacted by the General Assembly of the State of Georgia that the Revenue Certificate Law as amended by the Acts of the General Assembly of 1939 and incorporated in the Acts of the General Assembly of 1939, pages 362-366 and approved March 14, 1939 be, and the same is hereby amended by adding to Paragraph B of Section 2 on

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page 364 of the Acts of the General Assembly of 1939 the following language: The term `municipality' shall be termed to mean and to include highway districts of the State which have been or may hereafter be created as political subdivisions of the State and shall have the same rights and powers to operate under the provisions of the Revenue Certificate Law of 1937 and as subsequently amended in 1939 and which may hereafter be amended, as have counties, cities, towns and school districts. Said highway districts as political subdivisions of the State shall be limited, however, in such undertakings to the construction, acquirement and building of highways, bridges, causeways, approaches, viaducts, tunnels, and all things incidental to the improvement of highways located within their respective districts as created by the Constitution and laws of Georgia so that said Paragraph B of Section 2 as amended shall read as follows: Sec. 2 amended. Section 2. (b). The term `municipality' shall mean any school district, county, city or town of the State. The term `municipality' shall be termed to mean and to include highway districts of the State which have been or may hereafter be created as political subdivisions of the State and shall have the same rights and powers to operate under the provisions of the Revenue Certificate Law of 1937 and as subsequently amended in 1939 and which may hereafter be amended, as have counties, cities, towns and school districts. Said highway districts as political subdivisions of the State shall be limited however, in such undertakings to the construction, acquirement and building of highways, bridges, causeways, approaches, viaducts, tunnels and all things incidental to the improvement of highways located within their respective districts as created by the Constitution and laws of Georgia. Highway district as municipality. Limitations. Section 3. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 15, 1950.

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BOARD OF HEALTHRULES AND REGULATIONS. No. 670 (Senate Bill No. 161). An Act to fix penalties for violation of rules and regulations made by the State Board of Health; 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 that: Section 1. On and after the passage of this Act, it shall be unlawful for any person, or persons, to violate or fail to obey or to comply with any rules and regulations made, established, adopted or enacted by the State Board of Health of Georgia under authority vested in such State Board of Health in Sections 88-107, 88-112 and 88-117 of the Georgia Code of 1933, or any amendment or amendments which have been or may hereinafter be made in such sections. Any person, or persons, who shall violate or fail to obey or to comply with any such rule or regulation of said Board of Health shall be guilty of a misdemeanor and upon conviction therefor by any court of law shall be punished as for a misdemeanor. Violation of regulations misdemeanor. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1950. DEPARTMENT OF EDUCATIONEMPLOYEES INCLUDED IN MERIT SYSTEM. No. 671 (Senate Bill No. 184). An Act to extend the provisions of the Merit System Act approved February 4, 1943 (Georgia Laws 1943, pages 171-177) to include the employees of the State Department of Education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that: Section 1. All employees of the State Department of Education shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal,

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qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system 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 amendments thereto. Employees included. Section 2. All employees of the State Department of Education who are on the payroll of said department at the time of the passage of this Act who shall be issued a certificate of satisfactory service by the State Superintendent of Schools of said department shall be given permanent status under the merit system. Certificates of satisfactory service. Section 3. The State Department of Education shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in Section 3, paragraph (e), of the Merit System Act referred to in Section 1 of this Act. Administrative costs. Section 4. If any provision of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule, or regulation shall not be affected thereby. All laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed. If part invalid. Section 5. That all laws or parts of laws in conflict herewith be repealed. Approved February 15, 1950. DEPARTMENT OF ENTOMOLOGYEMPLOYEES INCLUDED IN MERIT SYSTEM. No. 672 (Senate Bill No. 169). An Act to extend the provisions of the Merit System Act approved February 4, 1943, (Georgia Laws 1943, pages 171-177) to include the employees of the State Department of Entomology, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that:

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Section 1. All employees of the State Department of Entomology, except the Director, shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system control as may be authorized by the Act, approved February 4, 1943, (Georgia Laws 1943, pages 171-177) providing for a Merit System Council, or any amendments thereto. Employees included. Section 2. All employees of the State Department of Entomology, except the Director, who are on the pay-roll of said department on the effective date of this Act, who shall be issued a certificate of satisfactory service by the Director of said department shall be given permanent status under the merit system. Certificates of satisfactory service. Section 3. The State Department of Entomology shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in Section 3, Paragraph (e), of the Merit System Act referred to in Section 1 of this Act. Administrative costs Section 4. If any provision of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule or regulation shall not be affected thereby. All laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed. If part invalid. Section 5. This Act shall become effective July 1, 1950. Effective date. Section 6. All laws or parts of laws in conflict herewith be repealed. Approved February 15, 1950. RURAL TELEPHONE COOPERATIVE ACT. No. 673 (Senate Bill No. 192). An Act providing for the formation of nonprofit, telephone co-operative corporations for the purpose of engaging in furnishing

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telephone service in rural areas to the widest practicable number of users of such service; providing for the rights, powers and duties of such cooperatives, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such cooperatives; providing for the payment of such obligations and the rights of the holders thereof, and the classification of such obligations and the membership certificates and shares of stock of such cooperatives with respect to regulation; authorizing existing corporations organized for the same general purpose to convert hereunder, and become subject hereto, and to consolidate and convert hereunder; authorizing such cooperatives to construct, maintain and operate telephone lines along, upon and under and across publicly owned lands and public thoroughfares; to exercise the power of eminent domain and to exercise any other powers necessary, convenient or appropriate to accomplish the purpose for which such cooperatives are organized; and providing for the merger, consolidation and dissolution of such cooperatives. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same. Section 1. Short Title. This Act may be cited as the Rural Telephone Cooperative Act. Title. Section 2. Purpose. Cooperative, nonprofit corporations may be organized under this Act for the purpose of furnishing telephone service in rural areas to the widest practicable number of users of such service. Purpose. Section 3. Definitions. In this Act: (a) Cooperative means any corporation organized under this Act or which becomes subject to this Act in the manner hereinafter provided; and (b) Person means any natural person, firm, association, corporation, business trust, or partnership. Definitions. (c) Telephone service means any communication service whereby voice communication through the use of electricity and wire connections between the transmitting and receiving

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apparatus is the principal intended use thereof, and shall include all telephone lines, facilities or systems used in the rendition of such service. (d) Rural area means any area within this State which is located outside (1) the boundaries of an incorporated or unincorporated city, town, village, or borough having a population in excess of one thousand inhabitants according to the last preceding Federal census, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest with any such city, town, village, or borough. (e) Telephone company means any natural person, firm, association, corporation, partnership, cooperative, nonprofit, membership corporation, or limited dividend or mutual association owning, leasing or operating any line, facility or system used in the furnishing of telephone service within this State. Section 4. Powers .A cooperative shall have power: (a) To sue and be sued in its corporate name; (b) To have an initial existence for a term of fifty years with right of renewal for one or more like terms unless a shorter term is stated in the articles of incorporation; Powers. (c) To adopt a corporate seal and alter the same; (d) To furnish, improve and expand telephone service in rural areas to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten per centum of the number of its members, provided, however, that, without regard to said ten per centum limitation, telephone service may be made available by a cooperative through interconnection of facilities to any number of subscribers of other telephone systems, and through pay stations to any number of users; and provided, further, that a cooperative which acquires existing telephone facilities in rural areas may continue service to persons, not in excess of forty per centum of the number of its members, who are already receiving service from such facilities without requiring such persons to become members but such persons may become members upon such terms as may be prescribed in

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the bylaws; and provided, further, that no cooperative shall furnish any telephone service in any area or territory professed to be served by any telephone company unless such telephone company is unable or unwilling to furnish or extend reasonably adequate telephone service in such area or territory; (e) To construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines, facilities or systems, lands, buildings, structures, plants and equipment, exchanges, and any other real or personal property, tangible or intangible, which shall be deemed necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized; provided, that no cooperative shall construct, purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand, install, equip, maintain, or operate any telephone lines, facilities or system, lands, buildings, structures, plants and equipment, exchanges, or any other real or personal property, tangible or intangible, within (1) the boundaries of any incorporated or unicorporated city, town, village, or borough within this State having a population in excess of one thousand inhabitants according to the last preceding Federal census, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest with any such city, town, village or borough; (f) To connect and interconnect its telephone lines, facilities or systems with other telephone lines, facilities or systems; provided, that any such connection or interconnection shall be in such manner and according to such specifications as will avoid interference with or hazards to existing telephone lines, facilities or systems; (g) To make its facilities available to persons furnishing telephone service within or without this State; (h) To purchase, lease as lessee, or otherwise acquire, and to use, and exercise and to sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber, franchises, rights, privileges, licenses and easements;

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(i) To issue membership certificates and non-voting shares of stock as hereinafter provided; (j) To borrow money and otherwise contract indebtedness, and to issue or guarantee notes, bonds, and other evidences of indebtedness, and to secure the payment thereof by mortgage, pledge, deed of trust, or security deed, or any other encumbrance upon, any or all of its then owned or after-acquired real or personal property, assets, franchises, or revenues; (k) To construct, maintain and operate telephone lines along, upon, under and across publicly owned lands and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges and causeways; (l) To exercise the power of eminent domain in the manner provided by the laws of this State for the exercise of such power by other corporations constructing or operating telephone lines, facilities or systems; (m) To become a member of other cooperatives or corporations or to own stock therein; (n) To conduct its business and exercise its powers within or without this State; (o) To adopt, amend and repeal bylaws: (p) To make any and all contracts necessary, convenient or appropriate for the full exercise of the powers herein granted; and (q) To do and perform any other acts and things, and to have and exercise any other powers which may be necessary, convenient or appropriate to accomplish the purpose for which the cooperative is organized. Section 5. Power of superior court and the judges thereof .The superior court shall have power, by compliance with the provisions of this Act, to create cooperatives, to approve amendments to articles of incorporation of cooperatives, to approve articles of conversion and combined articles of consolidation and conversion of existing corporations proposing to become subject to the provisions of this Act, to approve articles of consolidation of cooperatives, to approve articles of merger of cooperatives,

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and to approve articles of dissolution of cooperatives. The judges of the superior court are authorized and empowered to make orders and decrees pursuant to this Act in vacation at chambers in the county where the application for such order or decree is pending or in any county forming a part of the judicial circuit in which the application is pending, in the same manner and as fully and amply as the said judges could do in term time. Power of superior courts. Section 6. Name .The name of the cooperative shall include the words Telephone and Cooperative, and the abbreviation Inc unless, in an affidavit made by its president and vice-president, and filed with the clerk of the superior court of the county in which the principal office of the cooperative is located, and with the Secretary of State, or in an affidavit made by a person signing articles of incorporation, consolidation, merger or conversion, which relate to such cooperative, and presented concurrently with the presentation for approval of any such articles to the superior court or a judge thereof, and filed with the Secretary of State, it shall appear that the cooperative desires to do business in another State and is or would be precluded therefrom by reason of the inclusion of such words or either thereof in its name. This section shall not apply to any corporation which becomes subject to this Act by complying with the provisions of Section 31 of the Act, or which does business in this State pursuant to Section 39 of this Act and which elects to retain a corporate name which does not comply with this section. Name. Section 7. Incorporators .Five or more persons, including cooperatives, may organize a cooperative in the manner hereinafter provided. Incorporators. Section 8. Articles of incorporation .Articles of incorporation of a cooperative shall recite that they are executed pursuant to this Act and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and adresses of the incorporators; and (4) the names and addresses of its trustees; and may contain any provisions not inconsistent with this Act deemed necessary or advisable for the conduct of its business, including provisions for the issuance of non-voting shares of stock as hereinafter provided. Such articles shall be

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signed by each incorporator and acknowledged by at least two of the incorporators, or on their behalf, if they are cooperatives. It shall not be necessary to recite in the articles of incorporation of a cooperative the purpose for which it is organized or any of its corporate powers. If a cooperative desires to issue non-voting shares of stock, its articles of incorporation shall state: (1) the total number of such shares of stock which may be issued and the par value of each shares; (2) the fixed or maximum rate of dividends on the par value of such shares of stock, in either case not exceeding four per centum per annum, and whether dividends shall be cumulative or noncumulative; (3) whether such shares of stock may be issued to members only or to members and non-members; (4) the maximum number of such shares of stock which may be owned by any person; and (5) the terms and conditions on which such shares of stock may be transferred, redeemed and retired. Articles of incorporation. Section 9. Presentation of articles to superior court or judge thereof for approval of same .The articles of incorporation, executed and acknowledged in accordance with Section 8 of this Act, shall be presented, by application signed by two of the persons who signed the articles of incorporation, to the superior court of the county in which the principal office of the cooperative is to be located, or to the judge of the superior court of that county in vacation, or in the event that the judge of the superior court of said county is absent from the circuit, disqualified, or for illness or other reason can not act in the premises, then to any judge of the superior court of this State. The application shall be accompanied by a certificate of the Secretary of State declaring that the name of the proposed cooperative is not the name of any other then existing corporation registered in the records of the Secretary of State, and by such affidavits as may be required by applicable provisions of this Act. Presentation of articles for approval. Section 10. Order of judge .Upon presentation of the articles of incorporation to the superior court, or to the judge of the superior court, as stated above, the judge shall examine the same and if it shall appear to the judge that the articles of incorporation are legitimately within the purview and intention of the laws of this State, the judge shall pass an order approving

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the articles of incorporation. The application, including the articles of incorporation, and the order thereon, shall constitute the charter of the cooperative named therein. Order of judge. Charter. Section 11. Filing of application and articles of incorporation .The applicants shall file the application, including the articles of incorporation, with the order of the judge thereon, in the office of the clerk of the superior court of the county in which the principal office of the cooperative is to be located, and shall concurrently therewith deposit with and pay to said clerk the fee hereinafter provided for. Filing of application and articles of incorporation. Section 12. Affidavit of publisher .The applicants shall submit to the clerk, along with the articles of incorporation, and affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation in the county where the principal office of the cooperative is to be located, that there has been deposited with said newspaper the cost of publishing four insertions of the articles of incorporation and order of the judge thereon once a week for four weeks. Affidavit of publisher. Section 13. Advertisement. When to be published .The first of said advertisements shall appear within one week after the filing of the articles of incorporation as provided in Section 11 unless otherwise ordered by the court. It shall not be necessary that any of the advertisements appear prior to the granting by the judge of the charter. Advertisements, when published. Section 14. Certified copies of application and order .Upon the filing of the articles of incorporation with the order of the judge thereon with the clerk of the superior court and the fee being paid as aforesaid, the clerk shall forthwith deliver to the applicants or their attorney two certified copies of the articles of incorporation and the order of the judge thereon, and the filing of the clerk thereon and receipt for the cost which has been paid to the clerk. Certified copies. Section 15. Copy filed with Secretary of State .Upon receiving the two certified copies of said articles of incorporation and order of judge thereon, the applicants or their attorney shall present the same to the Secretary of State for registration and recordation and shall concurrently therewith pay to the Secretary of State for the use of the State, the fee hereinafter provided for. Copy filed with Secretary of State.

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Section 16. Certificate of Secretary of State .The Secretary of State shall thereupon attach to one of the certified copies of articles of incorporation with order of the judge thereon, which articles of incorporation with the order of the judge thereon constitute the charter of the corporation as granted by the superior court, a certificate in substantially the following form: Certificate of Secretary of State. Section 17. Certified copies as evidence .Such certified copies of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the incorporation of the cooperative, and of the nature and contents of its charter. Certified copies as evidence. Section 18. When corporate existence begins .The corporate existence of the cooperative shall begin at the time of the filing of the articles of incorporation, with the judge's order thereon, with the clerk of the superior court, but the cooperative shall not be licensed to transact any business until it shall have received the certificate from the Secretary of State in the manner hereinbefore prescribed. When corporate rate existence begins. Section 19. Bylaws .The board of directors shall adopt the first bylaws of a cooperative to be adopted following an incorporation, conversion, combined consolidation and conversion,

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merger or consolidation. Thereafter the members shall adopt, amend or repeal the bylaws by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members, directors and shareholders, if any, and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this Act or with its articles of incorporation. Bylaws. Section 20. Members and shareholders .(a) Each incorporator of a cooperative shall be a member thereof but no other person may become a member thereof unless such other person agrees to use telephone service furnished by the cooperative when it is made available through its facilities. Membership in a cooperative shall be evidenced by a certificate of membership which shall not be transferable, except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership, provided that ownership of shares of stock, if any are authorized, shall not be a condition of membership in the cooperative. Members and shareholders. (b) In case the issuance of shares of stock is provided for in the articles of incorporation, ownership thereof shall be evidenced by share certificates. No share of stock shall be issued except for cash, or for property at its fair value, in an amount equal to the par value of such share of stock. (c) Membership and share certificates shall contain such provisions, consistent with this Act and the articles of incorporation of the cooperative, as shall be prescribed by its bylaws. Section 21. Meetings of members .An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws. (b) Special meetings of the members may be called by the president, by the board of directors, by any three directors, or by not less than 200 members or ten per centum of all members, whichever shall be the lesser. Meetings of members. (c) Except as otherwise provided in this Act, written or printed notice stating the time and place of each meeting of the members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each

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member, either personally or by mail, not less than ten days nor more than twenty-five days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the United States mail with postage prepaid addressed to the member at his address at it appears on the records of the co-operative. Notice. (d) Unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative having not more than 500 members, shall be ten per centum of all members, present in person, and of a cooperative having more than 500 members, shall be 50 members or two per centum of all members, whichever is greater, present in person. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice. Quorum. (e) Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but, if the bylaws so provide, may also be by mail. Voting. Section 22. Waiver of notice .Any person entitled to notice of a meeting may waive such notice in writing either before or after such meeting. If any such person shall attend such meeting, such attendance shall constitute a waiver of notice of such meeting, unless such person participates therein solely to object to the transaction of any business because the meeting has not been legally called or convened. Waiver of notice. Section 23. Board of directors .(a) The business of a co-operative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative which is a member thereof. The bylaws shall prescribe the number of directors, their qualifications, other than those prescribed in this Act, the manner of holding meetings of the board of directors and of electing successors to directors who shall resign, die, or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Directors shall not receive any salaries for their services as such, and, except in emergencies, shall not receive any salaries for

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their services in any other capacity without the approval of the members. The bylaws may, however, prescribe a fixed fee for attendance at each meeting of the board of directors and may provide for reimbursement of actual expenses of attendance. Board of directors. (b) The directors of a cooperative named in any articles of incorporation, consolidation, merger, conversion or combined consolidation and conversion shall hold office until the next annual meeting of the members and until their successors are elected and qualify. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next annual meeting of the members, except as otherwise provided in this Act. Each director shall hold office for the term for which he is elected and until his successor is elected and qualifies. Election, terms. (c) Instead of electing all the directors annually, the bylaws may provide that half of them, or a number as near thereto as possible, shall be elected to serve until the next annual meeting of the members and that the remaining directors shall be elected to serve until the second succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect their successors to serve until the second succeeding annual meeting after their election. Instead of electing all of the directors annually or bi-annually, the bylaws may provide that one-third of them, or a number as near thereto as possible, shall be elected to serve until the next annual meeting of the members, and that one-third shall be elected to serve until the second succeeding annual meeting of the members and that the remaining directors shall be elected to serve until the third succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect their successors to serve until the third succeeding annual meeting after their election. (d) A majority of the board of directors shall constitute a quorum. (e) The board of directors may exercise all of the powers of a cooperative not conferred upon the members by this Act, or its articles by incorporation of bylaws. Section 24. Districts .The bylaws may provide for the division of the territory served or to be served by a cooperative

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into two or more districts for any purpose, including without limitation, the nomination and election of directors and the election and functioning of district delegates. Such delegates, who shall be members, may nominate and elect directors. The bylaws shall prescribe the boundaries of the districts, or the manner of establishing such boundaries, and the manner of changing such boundaries, and the manner in which such districts shall function. No member at any district meeting and no district delegate at any meeting shall vote by proxy or by mail. Districts. Section 25. Officers .The officers of a cooperative shall consist of a president, vice-president, secretary and treasurer, who shall be elected annually by and from the board of directors. When a person holding any such office ceases to be a director he shall cease to hold such office. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it deems necessary or advisable and shall prescribe their powers and duties. Any officer may be removed from office and his successor elected in the manner prescribed in the bylaws. Officers. Section 26. Amendment of articles of incorporation .A co-operative may amend its articles of incorporation by complying with the following requirements, provided, however, that a change of location of principal office may be effected in the manner set forth in Section 27 of this Act. The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached thereto the proposed amendment. If the proposed amendment, with any changes, is approved by the affirmative vote of not less than two-thirds of those members voting thereon at such meeting, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite that they are executed pursuant to this Act and shall state; (1) the name of the cooperative; (2) the address of its principal office; and (3) the amendment to its articles of incorporation. The president or vice-president executing such articles of amendment shall make and annex

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thereto an affidavit stating that the preceding provisions of this section in respect of the amendment set forth in such articles were duly complied with. Amendment of articles of incorporation. An application for approval of the articles of amendment, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of the cooperative shall be presented to and approved by the superior court, or the judge thereof in vacation, filed with the clerk of the superior court of the county in which the principal office of the cooperative is located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be as hereinafter prescribed. Upon such filing the amendment shall be deemed to be effective. Section 27. Change of location of principal office .A cooperative may, upon authorization of its members or board of directors, change the location of its principal office by compliance with the following requirements: An application for approval of such change shall be presented to and approved by the superior court of the county in which the principal office of the cooperative is to be located, or to the judge of the superior court in vacation, filed with the clerk of the superior court of said county and with the Secretary of State and published, in the same manner as an application for incorporation. Said application with the approval of the judge thereon shall also be filed with the clerk of the superior court of each county in which the principal office of the cooperative has previously been located. The fees to be paid at the time of such filing shall be as hereinafter prescribed. Change of location of principal office. Section 28. Consolidation .Any two or more cooperatives (each of which is hereinafter designated a consolidating cooperative), may consolidate into a new cooperative (hereinafter designated the new cooperative), by complying with the following requirements; Consolidation. (a) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be submitted to a meeting of the members of each consolidating cooperative, the notice of which shall have attached thereto a copy of the proposed articles of consolidation; Presentation at meeting.

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(b) If the proposed consolidation and the proposed articles of consolidation, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each consolidating cooperative voting thereon at each such meeting, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of consolidation shall recite that they are executed pursuant to this Act and shall state; (1) the name of each consolidating cooperative and the address of its principal office; (2) the name of the new cooperative and the address of its principal office; (3) a statement that each consolidating cooperative agrees to the consolidation; (4) the names and addresses of the directors of the new cooperative; and (5) the terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner in which members and shareholders, if any, of the consolidating cooperatives may or shall become members and shareholders, respectively, of the new cooperative; and may contain any provisions not inconsistent with this Act deemed necessary or advisable for the conduct of the business of the new cooperative. The president or vice-president of each consolidating cooperative executing such articles of consolidation shall make and annex thereto an affidavit stating that the preceding provisions of this section in respect of such articles were duly complied with by such cooperative. Articles of consolidation. (c) An application for approval of the articles of consolidation, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each consolidating cooperative, shall be presented to and approved by the superior court, or the judge thereof in vacation, filed with the clerk of the superior court of the county in which the principal office of the new cooperative is to be located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be hereinafter prescribed. Upon such filing the consolidation shall be deemed to be effective. Application for approval. Section 29. Merger .Any one or more cooperatives (each of which is hereinafter designated a merging cooperative), may

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merge into another cooperative (hereinafter designated the surviving cooperative), by complying with the following requirements: Merger. (a) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be submitted to a meeting of the members of each merging cooperative and of the surviving cooperative, the notice of which shall have attached thereto a copy of the proposed articles of merger; Meeting. (b) If the proposed merger and the proposed articles of merger, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of each cooperative voting thereon at each such meeting, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of merger shall recite that they are executed pursuant to this Act and shall state: (1) the name of each merging cooperative and the address of its principal office; (2) the name of the surviving cooperative and the address of its principal office; (3) a statement that each merging cooperative and the surviving cooperative agree to the merger; (4) the names and addresses of the directors of the surviving cooperative; and (5) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner in which members and shareholders, if any, of the merging cooperative may or shall become members and shareholders, respectively, of the surviving cooperative; and may contain any provisions not inconsistent with this Act deemed necessary or advisable for the conduct of the business of the surviving cooperative. The president or vice-president of each cooperative executing such articles of merger shall make and annex thereto an affidavit stating that the preceding provisions of this section in respect of such articles were duly complied with by such cooperative. Articles. (c) An application for approval of the articles of merger, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each merging cooperative, shall be presented to and approved by the superior court, or the judge thereof in vacation, filed with the clerk of the superior court of the county in which the principal office

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of the surviving cooperative is located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid at the time of such filing shall be as hereinafter prescribed. Upon such filing the merger shall be deemed to be effective. Application for approval. Section 30. Effect of consolidation or merger .(a) In the case of a consolidation the existence of the consolidating cooperatives shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger the separate existence of the merging cooperatives shall cease and the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger; Effect of consolidation or merger. (b) All the rights, privileges, immunities and franchises and all property, real and personal, including without limitation applications for membership, all debts due on whatever account and all other choses in action, of each of the consolidating or merging cooperatives shall be deemed to be transferred to and vested in the new or surviving cooperative without further act or deed; (c) The new or surviving cooperative shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging cooperatives and any claim existing or action or proceeding pending by or against any of the consolidating or merging cooperatives may be prosecuted as if the consolidation or merger had not taken place, but the new or surviving cooperative may be substituted in its place; and (d) Neither the rights of creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger. Section 31. Conversion and combined consolidation and conversion of existing corporations .(a) Any corporation organized under the laws of this State and furnishing or having the corporate power to furnish telephone service may be converted into a cooperative by complying with the following requirements and shall thereupon become subject to this Act with the same effect as if originally organized under this Act: Conversion, consolidation and conversion of existing corporations.

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(1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be submitted to a meeting of the members or stockholders of such corporation, or in case of a corporation having no members or stockholders, to a meeting of the incorporators of such corporation, the notice of which shall have attached thereto a copy of the proposed articles of conversion; (2) If the proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with any amendments, are approved by the affirmative vote of not less than two-thirds of those members of such corporation voting thereon at such meeting, or, if such corporation is a stock corporation, by the affirmative vote of the holders of not less than two-thirds of those shares of the capital stock of such corporation represented at such meeting and voting thereon, or, in the case of a corporation having no members and no shares of its capital stock outstanding, by the affirmative vote of not less than two-thirds of its incorporators, articles of conversion in the form approved shall be executed and acknowledged on behalf of such corporation by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The articles of conversion shall recite that they are executed pursuant to this Act and shall state: (i) the name of the corporation and the address of its principal office prior to its conversion into a cooperative; (ii) the statute or statutes under which it was organized; (iii) a statement that such corporation elects to become a non-profit telephone cooperative subject to this Act; (iv) its name as a cooperative; (v) the address of the principal office of the cooperative; (vi) the names and addresses of the directors of the cooperative; and (vii) the manner in which members, stockholders or incorporators of such corporation may or shall become members of the cooperative; and may contain any provisions not inconsistent with this Act deemed necessary or advisable for the conduct of the business of the cooperative, including provisions for the issuance of non-voting shares of stock as provided for in Section 8 of this Act. If the articles of conversion shall make provision for the issuance of such shares of stock, they shall also state the manner in which members, stockholders or incorporators of such corporation may or shall become shareholders of the cooperative.

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The president or vice-president executing such articles of conversion shall make and annex thereto an affidavit stating that the provisions of this section were duly complied with in respect of such articles. The articles of conversion shall be deemed to be the articles of incorporation of the cooperative, and an application for approval thereof, including such articles and the prescribed affidavit, signed and acknowledged by the president or vice-president of the corporation seeking to be converted into a cooperative, shall be presented to and approved by the superior court, or the judge thereof in vacation, filed with the clerk of the superior court of the county in which the principal office of the cooperative is to be located and with the Secretary of State, and published, in the same manner as an application for original incorporation. The fee to be paid at the time of such filing shall be as hereinafter described. Upon such filing the conversion shall be deemed to be effective. Meeting. Articles of conversion. Application for approval. (b) Any two or more corporations organized under the laws of this State and furnishing or having the corporate power to furnish telephone service may, if otherwise permitted to consolidate by the laws of this State, consolidate into a cooperative subject to this Act, with the same effect as if originally organized under this Act, by complying with the following requirements: Consolidation. (1) The proposition for the consolidation into a cooperative and the proposed articles of consolidation and conversion, with any amendments, shall be approved by each consolidating corporation in accordance with the statute or statutes under which it was organized and the provisions of subsection (a) of this section; (2) The articles of consolidation and conversion in the form approved shall be executed, acknowledged and sealed in the manner prescribed in subsection (a) of this section and in the statute or statutes under which the consolidating corporations were organized. The articles of consolidation and conversion shall state that they are executed pursuant to this Act and such statute or statutes, that each consolidating corporation elects that the new corporation shall be cooperative, and in addition shall contain all other information required by such statute or statutes and by paragraph (2) of subsection (a)

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of this section; and may contain any provisions not inconsistent with this Act deemed necessary or advisable for the conduct of the business of the cooperative. The president or vice-president executing such articles of consolidation and conversion shall make and annex thereto an affidavit stating that the preceding provisions of this section and of the statute or statutes under which the consolidating corporations were organized were duly complied with in respect of such articles. The articles of consolidation and conversion shall be deemed to be the articles of incorporation of the cooperative, and an application for approval thereof, including such articles and the prescribed affidavits, signed and acknowledged by the president or vice-president of each consolidating corporation, shall be presented to and approved by the superior court or the judge thereof in vacation, filed with the clerk of the superior court of the county in which the principal office of the cooperative is to be located and with the Secretary of State, and published, in the same manner as an application for incorporation. The fees to be paid upon such filing shall be as hereinafter prescribed. Upon such filing the consolidation and conversion shall be deemed to be effective. Articles of consolidation and conversion. Application for approval. Section 32. Dissolution .(a) A cooperative which has not commenced business may be dissolved by presenting to the superior court of the county where its principal office is located, or to the judge of the superior court in vacation, articles of dissolution which shall be executed and acknowledged on behalf of the cooperative by a majority of the incorporators and which will state; (1) the name of the cooperative; (2) the address of its principal office; (3) that the cooperative has not commenced business; (4) that any sums received by the cooperative, less any part thereof disbursed for expenses of the cooperative, have been returned or paid to those entitled thereto; (5) that no debt of the cooperative is unpaid; and (6) that a majority of the incorporators elect that the cooperative be dissolved. The judge shall examine into the facts and if he shall find the same to be true, shall pass and enter an order that the cooperative is dissolved. Whereupon the incorporators shall deliver the articles of dissolution and the order of the judge thereon to the clerk of the superior court of the county where the principal office of the cooperative is

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located, who upon payment of the cost as hereinafter set out shall deliver two certified copies of the articles of dissolution and the order of the judge thereon to the incorporators or their attorney who shall forthwith deliver one of said copies to the Secretary of State for recording. Dissolution. Business not commenced. (b) A cooperative which has commenced business may be dissolved in the following manner: The proposition to dissolve shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The members at any such meeting shall approve, by the affirmative vote of not less than a majority of all members of the cooperative, the proposition that the cooperative be dissolved. Upon such approval, a certificate of election to dissolve (hereinafter designated the certificate), executed and acknowledged on behalf of the cooperative by its president or vice-president under its seal, attested by its secretary, and stating: (1) the name of the cooperative; (2) the address of its principal office; and (3) that the members of the cooperative have duly voted that the cooperative be dissolved, shall together with an affidavit made by its president or vice-president executing the certificate, stating that the statements in the certificate are true, be attached to a petition to the superior court of the county in which the principal office of the cooperative is located, or to the judge thereof in vacation, who shall examine into the facts alleged in the petition and the certificate, and if he shall find the same to be true and the relief prayed for within the purview and intent of this Act, he shall grant the same by proper order. Whereupon the same shall be forthwith filed in the office of the clerk of the superior court of the county in which the principal office of the cooperative is located and the cooperative shall cease to carry on its business except to the extent necessary for the winding up thereof, but its corporate existence shall continue until the final order of dissolution has been made and entered by the judge and filed in the office of the clerk of said county and in the office of the Secretary of State. The board of directors shall immediately upon filing of the certificate with the order of the judge thereon in the office of the clerk of the superior court, cause notice of the dissolution proceedings to be mailed to each known creditor of and claimant

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against the cooperative and the certificate and the order of the judge thereon to be published once a week for four consecutive weeks in a newspaper of general circulation in the county in which the principal office of the cooperative is located. The board of directors shall wind up and settle the affairs of the cooperative, collect sums owing to it, liquidate its property and assets, pay and discharge its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, and to do all other things required to wind up its business, and after paying or discharging or adequately providing for the payment or discharge of all its debts, obligations and liabilities, other than those to patrons arising by reason of their patronage, shall distribute any remaining sums, first, to shareholders, if any, for the pro rata return of the par value of their shares, together with any accrued dividends, second, to patrons for the pro rata return of all amounts standing to their credit by reason of their patronage, and, third, to members for the pro rata repayment of membership fees. Any sums then remaining shall be distributed among its members and former members in proportion to their patronage. The board of directors shall thereupon authorize the execution of articles of dissolution, which shall be executed and acknowledged on behalf of the cooperative by its president or vice-president, and its seal shall be affixed thereto and attested by its secretary. The articles of dissolution shall recite that they are executed pursuant to this Act and shall state (1) the name of the cooperative; (2) the address of its principal office; (3) the date on which the certificate of election to dissolve with the order of the judge thereon was filed in the office of the clerk of the superior court; (4) that there are no actions or suits pending against the cooperative; (5) that all debts, obligations and liabilities of the cooperative have been paid and discharged or that adequate provision has been made therefor; and (6) that the preceding provisions of this subsection have been duly complied with. The president or vice-president executing the articles of dissolution shall make and annex thereto an affidavit stating that the statements made therein are true. An application for final order of dissolution, accompanied by the articles of dissolution and the prescribed affidavit, shall be presented to the superior court of the county in which the principal office of the cooperative is located, or

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to the judge of the superior court in vacation who, upon determination that preceding provisions of this section have been complied with, shall grant to the cooperative a final order of dissolution. Said order shall be filed in the office of the clerk of said county and with the Secretary of State, and upon such filing the dissolution shall be deemed effective. The fees to be paid at the time of the filings provided for in this section shall be as hereinafter prescribed. After business commenced. Meeting. Certificate. Order of dissolution. Winding up of affairs. Articles of dissolution. Final order. Section 33. Non-profit operation .A cooperative shall be operated on a non-profit basis for the mutual benefit of its members and patrons. The bylaws of a cooperative or its contracts with members and patrons shall contain such provisions relative to the disposition of revenues and receipts as may be necessary and appropriate to establish and maintain its non-profit and cooperative character. In the case of a cooperative authorized to issue shares of stock, such bylaws or contracts shall provide that no moneys shall be paid or credits given on the basis of patronage except after the declaration or payment of dividends on the outstanding shares of stock in accordance with the articles of incorporation of the cooperative, and such bylaws or contracts shall otherwise be consistent with the cooperative's obligations in respect of such shares of stock. Non-profit operation. Section 34. Disposition of property .(a) The board of directors of a cooperative shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to United States of America or any agency or instrumentality thereof. Any such mortgage or mortgages or deed or deeds of trust shall be exempt from mortgage recordation tax, now existing or hereafter imposed by this State. Disposition of property. (b) A cooperative may not otherwise sell, mortgage, lease or otherwise dispose of or encumber all or a substantial portion

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of its property unless such sale, mortgage, lease or other disposition or encumbrance is authorized by the affirmative vote of not less than two-thirds of all the members of the cooperative; provided, however, that notwithstanding any other provision of this Act, or any other provision of law, the board of directors may, upon the authorization of a majority of those members of the cooperative present at a meeting of the members thereof, the notice of which shall have set forth the proposed action, sell, lease or otherwise dispose of all or a substantial portion of its property to another cooperative or a foreign corporation doing business in this State pursuant to this Act or to the holder or holders of any notes, bonds or other evidences of indebtedness issued to United States of America or any agency or instrumentality thereof. Section 35. Non-liability of members and shareholders for debts of cooperative. No member or shareholder shall be liable or responsible for any debts of the cooperative and the property of the members and shareholders shall not be subject to execution therefor. Debts. Section 36. Recordation of mortgageseffect thereof. Any mortgage, deed of trust or other instrument executed by a cooperative or foreign corporation doing business in this State pursuant to this Act, which affect real and personal property and which is recorded in the real property records in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded, filed or indexed as provided by law in the proper office in such county as a mortgage of personal property, provided, however, that such instrument shall be indexed on the chattel mortgage record of said county although recorded already upon the real estate mortgage record. All after-acquired property of such cooperative or foreign corporation described or referred to as being mortgaged or pledged in any such mortgage, deed of trust or other instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such cooperative or foreign corporation, whether or not such property was in existence at the time of the execution of such mortgage, deed of trust or other instrument. Recordation of any such mortgage, deed of trust or other instrument shall constitute notice and otherwise have

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the same effect with respect to such after-acquired property as it has under the laws relating to recordation, with respect to property owned by such cooperative or foreign corporation at the time of the execution of such mortgage, deed of trust or other instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such mortgage, deed of trust or other instrument shall, after recordation thereof, continue in existence and of record for the period of time specified therein without the refiling thereof or the filing of any renewal certificate, affidavit or other supplemental information required by the laws relating to the renewal, maintenance or extension of liens upon personal property. Recordation of mortgages; effect. Section 37. Construction standards. Construction of telephone lines and facilities by a cooperative shall, as a minimum requirement, comply with the standards of the National Electrical Safety Code in effect at the time of such construction, and shall be in such manner and according to such specifications as will avoid interference with or hazards to existing telephone lines, facilities or systems. Construction standards. Section 38. Limitation of actions. All rights of action accruing against any cooperative organized, or foreign corporation doing business in this State, pursuant to this Act, growing out of the acquisition of rights of ways, easements, or the occupying of lands of others by said cooperative or foreign corporation, shall be barred at the end of twelve months from the date of the accrual of such cause of action. In cases where any such cooperative or foreign corporation takes possession of the lands of others without having obtained an easement or without having condemned said property as herein provided, and said cooperative or foreign corporation continues to use any such land of another in accordance with the rights and powers granted to said cooperative or foreign corporation by this Act, and said owners of such lands take no legal steps to prevent the occupancy of said lands by said cooperative or foreign corporation, the rights of said owners of such lands shall be limited to whatever damages may have been caused to his realty by such occupation, and the same shall be barred upon the expiration of six months after such unauthorized occupancy begins. Limitation of actions.

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Section 39. Trustees, officers, members, or shareholders.Notaries. No person who is authorized to take acknowledgements under the laws of this State shall be disqualified from taking acknowledgements of instruments executed in favor of a cooperative or to which it is a party, by reason of being an officer, trustee, member or shareholder of such cooperative. Section 40. Foreign corporations. Any foreign non-profit or cooperative corporation furnishing or authorized to furnish telephone service and owning or operating telephone lines or facilities in an adjacent State may construct or acquire extensions of such lines in this State and operate such extensions without complying with any statute of this State pertaining to the qualification of foreign corporations for the doing of business in this State. Any such corporation shall, before constructing or operating such extensions, by an instrument executed and acknowledged on its behalf by its president or vice-president under its seal attested by its secretary, and filed with the Secretary of State, designate the Secretary of State its agent to accept service of process on its behalf. Thereafter, with respect to its operation in this State, such corporation shall have only the rights, powers, privileges and immunities of a cooperative organized under this Act. In the event any process shall be served upon the Secretary of State, he shall forthwith forward the same by registered mail to such corporation at the address thereof specified in the aforesaid instrument. Foreign corporations. Section 41. Fees. The clerk of superior court shall charge and collect for: (a) Filing articles of incorporation $ 5.00 (b) Filing articles of amendment 5.00 (c) Filing articles of consolidation or merger 5.00 (d) Filing articles of conversion 5.00 (e) Filing articles of consolidation and conversion 5.00 (f) Filing certificate of election to dissolve 5.00 (g) Filing articles of dissolution 5.00 (h) Filing order approving change of principal office 5.00 (i) 15c per 100 words for recording any of the foregoing. (j) $1.00 for each certified copy of any of the foregoing issued. The Secretary of State shall charge and collect the following fees for his services: (a) Filing articles of incorporation (b) Filing articles of amendment (c) Filing articles of consolidation or merger (d) Filing articles of conversion (e) Filing articles of consolidation and conversion (f) Filing certificate of election to dissolve (g) Filing articles of dissolution (h) Filing order approving change of principal office

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Section 42. Exemption from excise and income taxes-license fee .Each cooperative and each foreign corporation doing business in this State pursuant to this Act shall pay annually, on or before the first day of July, to the Secretary of State, a fee of ten dollars, but shall be exempt from all other excise and income taxes whatsoever. License fee. Section 43. Connection and interconnection of facilities .The lines, facilities or systems of any cooperative or foreign corporation doing business in this State pursuant to this Act and the lines, facilities or systems of any telephone company may, upon such terms and conditions as may be mutually agreeable to such cooperative or foreign corporation and such telephone company, be interconnected in order to provide continuous lines of communication for the subscribers of any such cooperative, foreign corporation or telephone company. In the event any such cooperative or foreign corporation and any such telephone company shall be unable to agree upon the terms and conditions of such interconnection, including compensation therefor, the Public Service Commission shall, upon the request of either party, establish terms and conditions with

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respect to such interconnection which shall be reasonable and non-discriminatory. Connection and interconnection of facilities. Section 44. Jurisdiction of the Public Service Commission .Cooperatives and foreign corporations doing business in this State pursuant to this Act shall be subject to the jurisdiction and supervision of the Public Service Commission of this State in the same manner and in every respect as any telephone company owning, leasing, or operating a public telephone service or telephone line in this State. Public Service Commission. Section 45. Securities Act exemption .The provisions of the Securities Act of Georgia shall not apply to any note, bond or other evidence of indebtedness issued by any cooperative or foreign corporation doing business in this State pursuant to this Act to United States of America or any agency or instrumentality thereof, or to any mortgage, deed of trust or other instrument executed to secure the same. The provisions of said Securities Act shall not apply to the issuance of membership certificates, shares of stock or any other evidence of member, shareholder or patron interest by any cooperative or any such foreign corporation. Securities Act. Section 46. Construction of Act .This Act is complete in itself and shall be controlling. This Act shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. Construction of Act. Section 47. Separability of provisions .If any provision of this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby. Section 48. Effective date .This Act shall be effective immediately. Approved February 15, 1950.

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RAILROADS REORGANIZED UNDER BANKRUPTCY ACTAMENDMENT OF CHARTER. Code 22-519 added. No. 674 (Senate Bill No. 204). An Act to amend Chapter 22-5 of the Code of Georgia of 1933 by adding a new section thereto, to be numbered and known as Section 22-519, providing for amendments of charters or certificates of incorporation of railroad companies reorganized under the National Bankruptcy Act, as amended, changes in the capitalizations thereof, and the issuance of capital stock, bonds, and other securities thereby; and for other purposes: Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Chapter 22-5 of the Code of Georgia of 1933 be amended by adding after Section 22-518 a new section to be numbered and known as Section 22-519 and to read as follows: Section 22-519. Reorganization managers may adopt amendments to charters or certificates of incorporation of railroad companies, make changes in capitalizations thereof, and issue capital stock, bonds, and other securities thereof; petitions to be filed; Secretary of State to issue certificates of change .Notwithstanding the provisions of any other statutes of this State applicable to amendments of charters or certificates of incorporation of railroad companies incorporated under its laws or to changes in the capitalizations thereof or to the issuance of capital stock, bonds, or other securities thereby, where a plan or reorganization of any such railroad company pursuant to the Act of Congress of July 1, 1898, entitled An Act to establish a uniform system of bankruptcy throughout the United States, as amended (hereinafter called the National Bankruptcy Act), has been confirmed by decree of order of a court of competent jurisdiction, the reorganization managers or committee designated in the plan of reorganization to consummate the same, or such other person or persons as may be so authorized by the court or judge in such reorganization proceedings, shall have full power and authority to adopt such

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amendments of the charter or certificate of incorporation of such railroad company, to make such changes in its authorized capitalization, and to issue such capital stock, bonds, and other securities as may be necessary and proper to put into effect and carry out such plan of reorganization and the decrees and orders of the court relative thereto without action by the directors of stockholders of such railroad company. Code 22-519. After the adoption of such amendments of the charter or certificate of incorporation of such railroad company and the making of such changes in its authorized capitalization, a petition, executed, acknowledged, and sworn to by such reorganization managers or committee or such other person or persons so authorized by the court or judge to adopt such amendments and to make such changes in capitalization, shall be filed in the office of the Secretary of State. Such petition shall show (a) the name and character of the company, and, if the name has been changed, the name under which it theretofore existed; (b) the dates of the original Act of incorporation, charter, or certificate of incorporation and of all amendments thereto; (c) the amendments adopted; (d) the new authorized capitalization of such company; (e) the amount of capital stock, bonds, and other securities to be issued; and (f) that such amendments, new capitalization, and issuance of capital stock, bonds, and other securities were authorized by the plan of reorganization or in decrees or orders of the court relative thereto, and that the plan has been confirmed under the National Bankruptcy Act, with the title and venue of the proceeding and the date when the decree or order confirming the plan was made. Upon the filing of such petition in the office of the Secretary of State and the payment to him of a fee of $25, to be covered by him into the treasury, the Secretary of State shall issue an appropriate certificate of change in the form prescribed in Section 22-515. Any such reorganized railroad company shall not be precluded from thereafter further amending its charter or certificate of incorporation or changing its capitalization or issuing capital stock, bonds, or other securities in the manner otherwise provided by law. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 15, 1950.

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PERSONATION OF HEALTH OFFICER. No. 675 (Senate Bill No. 216). An Act to make it unlawful for any person to falsely claim to be a representative of a board of health or health department; to fix a penalty for violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that: Section 1. It shall be unlawful for any person to falsely claim or hold himself out to be an officer, agent, employee, or in any way a representative of the State Board of Health, or the Georgia Department of Public Health, or any county, city-county or city board of health or health department. Personation. Section 2. Any person upon conviction for such unlawful act in any court of law shall be punished as for a misdemeanor. Punishment. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 15, 1950. OGEECHEE JUDICIAL CIRCUITCOURT REPORTER'S COMPENSATION. Code 24-3104 amended. No. 677 (Senate Bill No. 238). An Act to amend Section 24-3104 of the Code of Georgia and amendments thereto (1933) relating to the compensation of court reporters in reporting criminal cases; to provide a salary for the official court reporter of the Ogeechee Judicial Circuit in lieu of the compensation provided in Code Section 24-3104 and the amendments thereto for reporting criminal cases. To provide for the levy and collection of a tax by the authorities of the various counties comprising said Ogeechee

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Judicial Circuit for the purpose of paying the salary of said official court reporter; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this Act, the official court reporter of the Ogeechee Judicial Circuit shall be paid a salary of twenty-four hundred ($2,400.00) dollars per annum, which salary shall be paid monthly on the basis of two hundred ($200.00) dollars per month by the authorities having in charge the fiscal affairs in the various counties of the circuit in the same manner as other county expenses are paid or upon the order of the presiding judge of the circuit. Reporter's salary. Section 2. The salary herein provided for shall be paid pro rata out of the general treasuries of the various counties comprising the Ogeechee Judicial Circuit upon the basis of population. Each of the counties comprising said circuit shall pay such part or portion of said salary as its population bears to the total population of all counties of said circuit according to the official Federal census of 1940, until the completion and promulgation of the next official census, and then in like manner, according to such succeeding Federal census, and so on according to each succeeding Federal census. Amounts counties to pay. Section 3. Be it further enacted by the authority aforesaid that the salary herein provided shall be in lieu of compensation now fixed by law for attending the superior courts in the various counties comprising the Ogeechee Judicial Circuit for the purpose of taking, transcribing and filing criminal cases as directed by the presiding judge of said circuit. Criminal cases. Section 4. Be it further enacted by the authority aforesaid that the official court reporter of said circuit shall receive for taking, transcribing and filing the evidence in civil cases the same compensation now fixed or that may hereinafter be fixed by law. Civil cases. Section 5. It shall be the duty of the county authorities of the various counties comprising the Ogeechee Judicial Circuit

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to make provisions annually when levying taxes for expenses of court to levy and make collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against the respective counties. Taxation to cover. Section 6. The provisions of this Act to be in effect upon the passage and approval of this bill. Effective date. Section 7. All laws and parts of law in conflict with this Act are hereby repealed. Approved February 15, 1950. Affidavit of publication attached to enrolled copy. MILEAGE ALLOWANCE FOR AUTOMOBILES. No. 678 (House Bill No. 167). An Act to alter and amend Section 3, of Act. No. 184, approved March the 15th, 1933, whereas by an Act of the General Assembly of Georgia, adopted and approved March the 15th, 1933 (Georgia Laws 1933, page 106), provision was made that it should be the duty of the State Supervisor of Purchases with the heads of the several departments, on or immediately after April the 1st, 1933, by proper executive or instructive order, to fix the amount or rate per mile, not to exceed five (5) cents per mile to be paid to officers, officials or employees of the various departments, institutions, boards, bureaus, and agencies, as traveling expense when traveling in the service of the State or any agency thereof by automobile; and whereas since the passage of this bill the purchase price of automobiles has more than doubled, and the cost of gasoline, repairs, etc., has materially increased making it impossible for said State employees to maintain and operate an automobile at five (5) cents per mile, now therefore; this is an Act to strike out the figure five (5) cents in paragraph 5 of the original Act approved March the 15th, 1933 and insert in place thereof the figure seven and one-half (7) cents per mile, 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 figure five (5) in line five (5) of Section 3 of Act No. 184 approved March the 15th, 1933 be deleted and in place thereof the figure seven and one-half (7) be inserted; making the paragraph as amended: Sec. 3, Act of 1933, amended. Be it further enacted, that it shall be the duty of the State Supervisor of Purchases with the heads of the several departments, on or immediately after April 1st of this year, by proper executive or instructive order, to fix the amount or rate per mile, not to exceed seven and one-half (7) cents per mile, to be paid to officers, officials, or employees of the various departments, institutions, boards, bureaus, and agencies, as traveling expense when traveling in the service of the State or any agency thereof by automobile. The said rate per mile shall be uniform and of general application to all departments, agencies, and institutions of the State. Said rate shall be subject to change by the State Supervisor of Purchases, who shall consult with the heads of the several departments, agencies, boards, bureaus, and institutions interested therein, and such mileage allowance shall be fixed in such manner as will reasonably cover the cost of operating such automobile, but the same shall not exceed seven and one-half (7) cents per mile. New Sec. 3. Mileage allowance for automobiles. 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 15, 1950. LAW DEPARTMENTCOMPENSATION OF ASSISTANT ATTORNEYS GENERAL. No. 679 (House Bill No. 191). An Act to amend the Act approved February 18, 1943 (Georgia Laws 1943, pages 284-288), which Act is entitled: An Act to reorganize the State Department of Law by repealing Code Sections 40-1607, 40-1608 and 40-1609 relating to the

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Department of Law, Attorney General, Assistant Attorneys General, employment of counsel, etc.; to create a Department of Law; to provide for an Attorney General and Assistants; to fix salaries; to vest complete authority and jurisdiction in certain matters in the Department of Law; to prevent the employment of additional counsel; to provide for removals; to authorize and empower the Attorney General to investigate State departments, agencies, etc.; to compel evidence and assistance; to authorize the subpoena to witnesses, etc.; to provide penalties; to authorize criminal and civil prosecution in certain cases; to require the services of prosecuting attorney; to provide method of indictment; to authorize recovery actions in certain cases; to provide for a special Attorney General upon failure of Attorney General to act; to empower the Governor and General Assembly to make investigations, etc.; to repeal conflicting laws; and for other purposes., by striking from Section 3 thereof the figures $5,000.00, and inserting in lieu thereof the figures $6,000.00, so as to provide that the salaries of Assistant Attorneys General shall be increased from $5,000.00 per annum to $6,000.00 per annum; 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 the Act approved February 18, 1943 (Georgia Laws 1943, pages 284-288), entitled: An Act to reorganize the State Department of Law by repealing Code Sections 40-1607, 40-1608 and 40-1609 relating to the Department of Law, Attorney General, Assistant Attorneys General, employment of counsel, etc.; to create a Department of Law; to provide for an Attorney General and Assistants; to fix salaries; to vest complete authority and jurisdiction in certain matters in the Department of Law; to prevent the employment of additional counsel; to provide for removals; to authorize and empower the Attorney General to investigate State departments, agencies, etc., to compel evidence and assistance; to authorize the subpoena of witnesses, etc., to provide penalties; to authorize criminal and civil prosecution in certain cases; to require the services of prosecuting attorneys; to provide method of indictment; to authorize recovery actions in certain cases; to provide for a special Attorney

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General upon failure of Attorney General to act; to empower the Governor and General Assembly to make investigations, etc.; to repeal conflicting laws; and for other purposes., be amended by striking from Section 3 thereof the figures $5,000.00, and inserting in lieu thereof the figures $6,000.00, so that said Section 3 shall, as amended, read as follows: Sec. 3, Act of 1943, amended. Section 3. All of said Assistant Attorneys General shall be appointed by the Governor with the approval of the Attorney General, and subject to confirmation by the Senate, except one Assistant who shall be appointed by the Attorney General. Each Assistant Attorney General shall receive a salary of $6,000.00 per annum payable monthly. Any Assistant Attorney General may be removed at any time by the Governor with the approval of the Attorney General, or such Assistant Attorney General may be removed by the Attorney General with the approval of the Governor. Salary of Assistant Attorneys General. 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 15, 1950. BANKING DEPARTMENTEMPLOYEES UNDER MERIT SYSTEM. No. 681 (Senate Bill No. 127). An Act to extend the provisions of the Merit System Act approved February 4, 1943, (Georgia Laws 1943, pages 171-177) to include the officials and employees of the State Department of Banking; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that: Section 1. All officials and employees of the State Department of Banking shall be governed by such rules of position

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classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system 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 amendments thereto. Employees included. Section 2. All officials and employees of the State Department of Banking, who are on the pay-roll of said department on or after the effective date of this Act who shall be issued a certificate of satisfactory service by the appointing authority of said Department shall be given permanent status under the merit system. Permanent status. Section 3. The State Department of Banking shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in Section 3, paragraph (e), of the Merit System Act referred to in Section 1 of this Act. Administrative costs. Section 4. If any provisions of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule, or regulation shall not be affected thereby. All laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed. If part invalid. Section 5. This Act shall become effective on January 1, 1950. Effective date. Approved February 16, 1950. SOLICITORS-GENERALRETIREMENT SYSTEMAMENDMENTS. No. 682 (Senate Bill No. 177). An Act to amend an Act approved February 17, 1949 (Georgia Laws 1949, pages 780-784), entitled An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe

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eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the Solicitors-General Retirement Fund of Georgia: to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes, so as to clarify and provide for the eligibility of persons entitled to be appointed for solicitor-general emeritus; to provide a suspension of the rights of any solicitor entitled to or who shall have been appointed solicitor-general emeritus and who shall be elected or appointed and qualify for an office under the Constitution of the United States or of the State of Georgia; by striking from the ninth section of said Act the word continuous; 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 17, 1949, and incorporated in the Acts of the General Assembly of the State of Georgia of 1949 on pages 780-784 establishing of office of solicitor-general emeritus be and the same is hereby amended by striking therefrom Section 2 of said Act and substituting in lieu thereof the following: Sec. 2, Act of 1949, amended. Section 1. Any solicitor-general of the State of Georgia, who on the date of the passage of this Act, shall have been in service as solicitor-general of this State for nineteen (19) years, or who shall thereafter complete nineteen (19) years service as solicitor-general or as solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as a solicitor-general, provided that the majority of such time shall have been served as solicitor-general, shall be eligible for appointment to the office of solicitor-general emeritus. Who eligible. Section 2. Be it further enacted that Section 4 of said Act as contained on page 781 of the Acts of 1949 be and the same is hereby amended by adding thereto the following: In the event that any solicitor-general shall become eligible for appointment of shall have actually been appointed solicitor-general emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall

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qualify for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia, his right to appointment as solicitor-general emeritus or to continue to hold such an appointment and to draw the salary fixed therefor shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office he shall then be entitled to appointment as solicitor-general emeritus under this Act or to reappointment to said office with all of the obligations, rights and duties herein prescribed, his compensation as solicitor-general emeritus in such event to be the same amount received by him as solicitor-general emeritus at the time of his election or appointment and qualification to the office under the Constitution of the United States or of the State of Georgia or, if not holding an appointment as solicitor-general emeritus then, two-thirds of the amount of compensation received by him as solicitor-general for the calendar year immediately prior to his election or appointment to and qualification for said office under the Constitution of the United States or the State of Georgia,the purpose of this provision being to permit any solicitor-general who may have been appointed solicitor-general emeritus under this Act or who may be eligible for appointment as solicitor-general emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such solicitor-general is holding another office under the Constitution of the United States or the State of Georgia as herein provided, he shall not be required to make any payments in and to the Solicitors-General Retirement Fund of Georgia, so that said section as amended will read as follows: Sec. 4 amended. Section 4. A solicitor-general emeritus shall receive from the State of Georgia an annual salary to be paid in monthly installments equal to two-thirds of the salary or fees of such solicitor-general for the calendar year immediately prior to his retirement as an active solicitor-general and immediately prior to his resignation from said office. As to all solicitors-general who are on the salary system, the compensation to be paid to a solicitor-general emeritus shall be two-thirds of the

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salary which he received for the calendar year immediately preceding his retirement; as to all solicitors-general upon the fee system, the compensation for a solicitor-general emeritus shall be two-thirds of the pay which he received on the fee system during the calendar year immediately prior to his retirement. Provided, however, that any solicitor-general who receives an annual salary of, or whose annual fees exceed, the sum of six thousand dollars, or more, shall pay into said retirement fund only five per cent on six thousand dollars and, provided, further, that in no event shall any solicitor-general emeritus receive an annual salary or payment from the State of Georgia, under this bill, of more than four thousand dollars. In the event that any solicitor-general shall become eligible for appointment or shall have actually been appointed solicitor-general emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall qualify for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia, his right to appointment as solicitor-general emeritus or to continue to hold such an appointment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office he shall then be entitled to appointment as solicitor-general emeritus under this Act or to reappointment to said office with all the obligations, rights and duties herein prescribed, his compensation as solicitor-general emeritus in such event to be the same amount received by him as solicitor-general emeritus at the time of his election or appointment and qualification to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as solicitor-general emeritus then, two-thirds of the amount of compensation received by him as solicitor-general for the calendar year immediately prior to his election or appointment to and qualification for said office under the Constitution of the United States or the State of Georgia,the purpose of this provision being to permit any solicitor-general who may have been appointed solicitor-general emeritus under this Act or who may be eligible for appointment as solicitor-general emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affecting

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his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such solicitor-general is holding another office under the Constitution of the United States or the State of Georgia as herein provided, he shall not be required to make any payments in and to the Solicitors' General Retirement Fund of Georgia. Compensation. Suspension of rights while holding other office. Section 3. Be it further enacted that Section 9 of said Act on page 782 of the Acts of 1949 be and the same is hereby amended by striking therefrom the word continuous so that said section as amended shall read as follows: Sec. 9 amended. Section 9. All solicitors-general, who qualify under this Act, shall pay into said fund the amount of five per cent of their salary or fees for each year and any solicitor-general who makes payment to this fund shall be eligible to retire from the office and be eligible to the appointment of solicitor-general emeritus, at a salary of two-thirds of what he has previously received as compensation as salary or fees for the final calendar year of his service as active solicitor-general of his circuit. All solicitors-general now in office shall be eligible to participate in the benefits provided by this Act, if they make their payments to the retirement fund by this Act created, for the year in which this Act is approved, and continue to make those payments until they have served nineteen years up to the year of their retirement. As to solicitors-general who may hereafter be elected or appointed, they must make payments to the said retirement fund, as herein provided, for an entire period of nineteen years and until retirement and must remain in office and render service as active solicitor-general for a period of nineteen years or more, or shall have rendered a part of said service as solicitor of a city court from which direct appeals may be taken to the Court of Appeals of Georgia as set forth in Section 2 of this Act. Provided, however, that any solicitor-general who receives an annual salary of, or whose fees annually exceed, the sum of six thousand dollars, or more, shall pay into said retirement fund only five percent on six thousand dollars, and, provided, further, that in no event shall any solicitor-general emeritus receive an annual salary or payment from the State of Georgia, under this bill, of more than four thousand dollars. Payments into fund.

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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, hereby repealed. Approved February 16, 1950. ELECTRIC MEMBERSHIP CORPORATIONS. Code 34A-113 amended; 34A-114a and 34A-128a added. No. 683 (Senate Bill No. 193). An Act to amend an Act known as the Electric Membership Corporation Act, by striking Section 34A-113 of the Code of Georgia of 1933 and substituting in lieu thereof a new Section 34A-113 relating to boards of directors; by inserting a section to be numbered Section 34A-114a, permitting the division of corporation territory into districts for various purposes; and by inserting a new section to be numbered Section 34A-128a, relative to disposition of corporation property; 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 34A-113 of the Code of Georgia of 1933 be amended by striking same in its entirety and substituting in lieu thereof the following new Section 34A-113: Code 34A-113 amended. 34A-113. Board of directors. (a) Each corporation shall have a board of directors of not less than three members and the powers of a corporation shall be vested in and exercised by a majority of the directors in office. The directors of the corporation, other than those named in its charter, shall be elected at the annual meeting, or at a special meeting held in lieu thereof, by the members entitled to vote. The directors must be members and shall not be entitled to compensation for their services as directors, but shall be entitled to reimbursement for expenses actually and necessarily incurred by them in the performance of their duties and the bylaws may provide a fixed fee for attendance at each meeting of the board of directors. The board shall

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elect annually from its own number a president and vice-president. Board of directors. (b) Instead of electing all of the directors annually the bylaws may provide that half of them, or a number as near thereto as possible, shall be elected to serve until the next annual meeting of the members and that the remaining directors shall be elected to serve until the second succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect their successors to serve until the second succeeding annual meeting after their election. Election of directors. (c) Instead of electing all of the directors annually or bi-annually, the bylaws may provide that one-third of them, or a number as near thereto as possible, shall be elected to serve until the next annual meeting of the members, and that one-third shall be elected to serve until the second succeeding annual meeting of the members and that the remaining directors shall be elected to serve until the third succeeding annual meeting. Thereafter, as directors' terms expire, the members shall elect their successors to serve until the third succeeding annual meeting after their election. Section II. That the following be enacted as Section 34A-114a of the Code of Georgia of 1933: 34A-114a added. 34A-114a. Districts. The bylaws may provide for the division of the territory served or to be served by a corporation into two or more districts for any purpose, including, without limitation, the nomination and election of directors and the election and functioning of district delegates. Such delegates, who shall be members, may nominate and elect directors. The bylaws shall prescribe the boundaries of the districts, or the manner of establishing such boundaries of the districts, and the manner of changing such boundaries, and the manner in which such districts shall function. No member at any district meeting and no district delegate at any meeting shall vote by proxy or by mail. Districts. Section III. That the following be enacted as Section 34A-128a of the Code of Georgia of 1933: 34A-128a added.

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34A-128a. Disposition of property. (a) The board of directors of a corporation shall have full power and authority, without authorization by the members thereof, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering of, any or all of the property, assets, rights, privileges, licenses, franchises and permits of the corporation, whether acquired or to be acquired, and wherever situated, as well as the revenues therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the corporation to United States of America or any agency or instrumentality thereof. Any such mortgage or mortgages or deed or deeds of trust shall be exempt from mortgage recordation tax. Disposition of property. (b) A corporation may not otherwise sell, mortgage, lease or otherwise dispose of or encumber all or a substantial portion of its property unless such sale, mortgage, lease or other disposition or encumbrance is authorized by the affirmative vote of not less than a majority of all the members of the cooperative present at a meeting of the members thereof, sell, lease or otherwise dispose of all or a substantial portion of its property to another corporation or a foreign corporation doing business in this State pursuant to this Act or to the holder or holders of any notes, bonds or other evidences of indebtedness issued to United States of America or any agency or instrumentality thereof. Section IV. This Act shall become effective immediately upon its passage by the House and the Senate and the approval of the Governor. Effective date. Section V. All laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved February 16, 1950. SUPERVISOR OF PURCHASESEMPLOYEES UNDER MERIT SYSTEM. No. 684 (Senate Bill No. 198). An Act to extend the provisions of the Merit System Act approved February 4, 1943 (Georgia Laws 1943, pages 171-177)

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to include the employees of the office of the State Supervisor of Purchases; to repeal conflicting Laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that: Section I. All employees in the office of the State Supervisor of Purchases, except the State Supervisor of Purchases, shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards as may now or hereafter be established under such merit system 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 of personnel administration, or any amendments thereto. Employees included. Section II. All employees in the office of the State Supervisor of Purchases, except the State Supervisor of Purchases, who are on the pay roll of said department on the effective date of this Act, and who shall be issued a certificate of satisfactory service by the State Supervisor of Purchases shall be given permanent status under the merit system. Permanent status. Section III. The office of the State Supervisor of Purchases shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in Section 3, paragraph (e), of the Merit System Act referred to in Section 1 of this Act. Administrative costs. Section IV. If any provisions of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule or regulation shall not be affected thereby. If part invalid. Section V. This Act shall become effective immediately after passage and approval by the Governor. Effective date. Section VI. All laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed. Approved February 15, 1950.

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TAX EXECUTIONSINTEREST RATE. Code 92-7601 amended. No. 685 (Senate Bill No. 244). An Act to amend Section 92-7601 of the Code of Georgia, adopted in 1933, providing executions issued for taxes due the State, any county thereof or any municipal corporation therein, either issued on assessments for permanent improvements of streets or sewers of said municipal corporation or otherwise, shall bear interest at the rate of seven per cent per annum from the time fixed by law for issuing the same so as to provide that said Code section shall not apply to any municipal corporation having a population of between 65,000 and 70,000 according to the United States census of 1940 or by any future United States census, on any fi. fas. due it for taxes or assessments, and to provide any such municipal corporation shall, by order, resolution or ordinance, provide for the charge and collection of interest on fi. fas. 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 this Act shall be applicable to all municipal corporations in this State having a population of between 65,000 and 70,000 according to the United States census of 1940, or any future United States Census. To what municipal corporation applicable. Section II. That an Act of the General Assembly of Georgia, approved November 11, 1889, and codified as Section 92-7601 of the Code of Georgia, adopted in 1933, providing that all executions issued for taxes due the State, any county thereof or any municipal corporation therein, whether issued on assessments for permanent improvements of streets or sewers of said municipal corporation, or otherwise, shall bear interest at the rate of seven per cent per annum from the time fixed by law for issuing the same: Provided, that this section shall not apply to taxes or tax fi. fas. issued by any municipal corporation imposing penalties for failure to pay taxes. Code 92-7601 amended. Be, and the same hereby is, amended, so as to provide hereby

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that said Act, as codified in said Code section, shall not apply to any municipal corporation having a population of between 65,000 and 70,000 according to the United States Census of 1940 or any future United States Census, on any fi. fas. due to it for taxes or assessments, but the mayor and council, or other governing authority of any municipal corporation, shall, by order, resolution or ordinance, provide for the charge and collection of interest on such fi. fas. Interest rate on tax executions. Section III. Be it further enacted that all laws or parts of laws in conflict with this Act be, and the same hereby are, repealed. Approved February 16, 1950. STATE BOARD OF FUNERAL SERVICE. No. 686 (House Bill No. 170). An Act to create and establish a Board of Funeral Service and to fix and prescribe the powers, duties and authority thereof; to provide for the appointment and removal and fix the qualifications, term of office, compensation and duties, powers and authority of the members of such board; to regulate and control the practice of embalming of dead human bodies and the business or profession of funeral directing; to require the licensing of all embalmers and funeral directors and the registration of their apprentices; to fix and prescribe the qualifications required of applicants for such licenses and provide for the examination of applicants therefor; to provide the manner in which applications for such licenses and renewals thereof shall be made; to provide for the issuance and renewal of such licenses and to require the payment of fees therefor; to provide for the revocation of such licenses; to prohibit the practice of the science or profession of embalming and the business or profession of funeral directing without compliance with the provisions of this Act; to authorize such board to make and enforce rules and regulations for the control, regulation, supervision and inspection of all places and establishments where embalming and funeral directing is carried

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on and to provide for the appointment and compensation of inspectors for such purposes; to provide for the better protection of life and health and the prevention of the spread of infectious, communicable and contagious diseases; to provide for certain exceptions and exclusions from the provisions of this Act; to make violations of this Act unlawful and to provide penalties therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority thereof as follows: Section 1. Declaration of public policy .That it is hereby declared that this Act shall be deemed an exercise of the health powers of the State for the prevention of the spread of infectious, communicable and contagious diseases; and for the protection of the sanitation, health and welfare of the people of this State; and that all of the provisions of this Act and the regulations authorized to be made thereunder are necessary to effectuate its purpose. Declaration of public policy. Section 2. Creation of Board .That there be and there is hereby created a State Board of Funeral Service to be known and designated as the Georgia State Board of Funeral Service and to be formed and established as hereinafter provided, with the powers, duties and authority herein vested in said board. Creation of board. Section 3. Definitions .That as used in this Act, unless the context requires otherwise, the following definitions shall apply: Definitions. (1) Embalmer means a person who disinfects and preserves or attempts to disinfect and preserve the dead human body, entirely or in part, by the use or application of chemicals, fluids or gases, externally or internally, or both, either by the introduction of same into the body by vascular or hypodermic injections or by direct application into the organs or cavities or by any other method, or who by restorative art restores the appearance of dead human bodies. Embalmer. (2) Embalming means the preservation and disinfection or attempted preservation and disinfection of the dead human body by the application of chemicals externally or internally,

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or both, or by any other means whatsoever, and shall include derma surgery or plastic art for the restoration of accident and mutilated cases. Embalming. (3) Funeral director means a person engaged in the business or profession of directing or supervising funerals for hire or profit, or the preparing of dead human bodies for burial by means other than embalming, or the disposition of dead human bodies. Funeral director. (4) Funeral directing means the business or profession of directing or supervising funerals for hire or profit, or the preparing of dead human bodies for burial by means other than embalming, or the disposition of dead human bodies, or the provision or maintenance of a place for the preparation for disposition or future care or disposition of dead human bodies, or the use in connection with a business of the words or terms funeral director, undertaker, mortician, or similar words or terms. Funeral directing. (5) Board means the Georgia State Board of Funeral Service. Board. (6) Joint-secretary means the Joint-Secretary of the State Examining Boards of Georgia. Joint-secretary. (7) Funeral establishment means a place of business used in the care and preparation for burial or transportation or other disposal of dead human bodies, or any place or premises at or from which any person or persons shall represent himself or themselves or hold out himself or themselves as being engaged in the business or profession of funeral directing or embalming, or both. Funeral establishment. (8) Apprentice means a person who is engaged in learning the art of funeral directing or embalming under the instruction and personal superivision of a duly licensed funeral director or embalmer of and in the State of Georgia under the provisions of this Act, and who is duly registered as such with the board. Apprentice. Section 4. Illegal practice of embalming or funeral directing Illegal practice of embalming or funeral directing. (1) It shall be unlawful for any person to engage in the practice of the prevailing methods of embalming, or any other

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methods, which may hereafter become in vogue, without first complying with the provisions of this Act. (2) It shall be unlawful for any person to engage in the business or profession of funeral directing, or to represent himself to the public as a funeral director, undertaker or mortician, without first complying with the provisions of this Act. (3) Any person who actively engages or participates in any way in the business or profession of funeral directing shall be considered to be practicing as a funeral director and must be a licensed funeral director under the terms and provisions of this Act. When any funeral establishment is owned by a partnership or corporation, the person or persons in active charge of the opcration of such establishment must be duly licensed as funeral directors under the terms and provisions of this Act. Section 5. Name and composition of board. Qualifications, appointment, terms and removal of members. Oath of members. Certificates of appointment. Vacancies .The Board hereby created shall be known and designated as the Georgia State Board of Funeral Service and shall consist of six members, who shall be duly licensed and practicing funeral directors and embalmers with a minimum of five consecutive years as such in this State immediately preceding their appointment. Effective upon the passage and approval of this Act the name of the Board known as the Georgia State Board of Embalming is hereby changed to Georgia State Board of Funeral Service and the six members now on said board shall constitute the members of the Georgia State Board of Funeral Service and shall continue in office as such until their successors are appointed and qualified, subject to the provisions of this Act. The members of said board shall be appointed by the Governor and all vacancies occurring on the board shall be filled by the Governor. Upon the passage and approval of this Act, the Governor shall appoint six members of said board, one of whom shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, and one for a term of six years. Thereafter and upon the expiration of their respective terms, the Governor shall appoint successors for a term of six years. After the original appointments the term of office of each member

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of the board shall be six years, except that when an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. The Governor shall have the power to remove from office any member of the board for wilful neglect of duty or for conviction of a crime involving moral turpitude. All persons appointed as members of said board shall qualify as such by taking an oath of office before any officer authorized by law to administer oaths within this State. Such oath shall be taken within thirty days after such appointment has been made and the oath of office of each member shall be filed with the secretary of the board within ten days after its execution. Upon the taking and filing of such oath a certificate of appointment shall be furnished to each member. Name and composition of board. Appointment. Terms. Removal. Oath. Certificate of appointment. Section 6. Officers of board. Meetings. Inspectors, their duties and compensation. Expenses and compensation of members. Disposition of fees. (1) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until his successors shall be elected. President of board. (2) The board shall meet at least once in each year and more often as the proper and efficient discharge of its duties may require. Notice of the time and place of meetings of the board shall be given to its members, to other interested persons and to the public in such manner as may be provided in the rules and regulations adopted by the board. A majority of the board shall constitute a quorum for the transaction of business and the performance of its duties. The board may employ agents who shall be known as inspectors and prescribe their duties. The term of appointment and compensation of such inspectors shall be fixed by the board. Members of the board may act as inspectors and when acting as such shall be entitled to receive the same compensation and travel allowances as are paid to inspectors who are not members of the board. Meetings. Inspectors. (3) Each member of the board shall receive not more than twenty-five ($25.00) dollars per diem for not to exceed thirty

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days per year for the time actually spent upon the business of the board and each shall be reimbursed for such necessary expenses as he may incur when engaged upon his duties as a member of the board. All expenses incurred in investigations and in the enforcement of this Act and the per diem of the members of the board and their necessary expenses shall be paid from the fees received under the provisions of this Act and shall in no manner be an expense to the State. All fees received by the board under the provisions of this Act shall be paid to the Joint-Secretary, who shall remit the same to the State Treasurer. The State Treasurer shall hold the funds thus arising as a special fund for meeting the aforesaid expenses and the pro rata portion of the salary and expenses of the Joint-Secretary as provided by law. Except as otherwise provided by law, the disbursement of all such funds shall be in accordance with such rules as may be adopted by the board. On the first day of April each year the State Treasurer shall make and submit to the board a financial statement of the receipts and disbursements under the provisions of this Act. Expenses and compensation of members. Fees. Section 7. Powers of board. Regulating embalming and funeral directing. Standards of proficiency .For the purpose of better protection of life and health, preventing the spread of contagious, communicable and infectious diseases, regulating the practice of embalming and funeral directing and the care and disposition of the dead, the board shall have the power and it shall be its duty to prescribe a standard of proficiency as to the qualifications and fitness of those engaged in and who may engage in the practice of embalming and of funeral directing and the care and disposition of dead human bodies. The board shall have the power to revoke the license of any licensed embalmer or funeral director for incompetency, for conviction of a crime involving moral turpitude, for violation of this law or for failure to observe the standards of proficiency or rules and regulations promulgated by the board, or any other cause herein provided, and shall have power and authority to adopt and require compliance with a standard permit for the transportation of dead human bodies by common carriers and others. It shall have and is hereby given full power and authority to fix and prescribe rules and regulations governing the business or profession of funeral directing and the business or profession of embalming, to fix and

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prescribe standards of sanitation to be observed in the embalming of dead human bodies and to regulate and control the business or profession of funeral directing or embalming. It shall have and is hereby given full power and authority to fix and prescribe rules and regulations governing applications for license as an embalmer or funeral director and for renewals thereof, to fix the fees to be paid therefor within the limits herein provided, and to provide for the issuance and revocation of licenses and renewals thereof. It shall adopt a common seal and may adopt bylaws and shall make and promulgate rules and regulations not inconsistent with the laws of this State or of the United States for the regulation of said board and the practice of embalming of dead human bodies and funeral directing within this State. Powers of board. Section 8. Application for license .Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not heretofore been licensed so to do shall make written application to the board through the Joint-Secretary, State Examining Boards, for such license. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the board and the applicant shall pay such fee as may be fixed by the board. Before issuing a license to practice funeral directing or embalming in this State the board shall examine the applicant as to his qualifications and skill in either funeral directing or embalming, or both, as the case may be, and such examination shall be made in the manner hereinafter provided. Application for license. Examinations. Section 9. Qualifications of applicant for license. Apprentices. Exceptions. (1) Each applicant for a license as either an embalmer or funeral director shall be: (a) at least twenty-one years of age; (b) a resident of Georgia; (c) a citizen of the United States; (d) of good moral character, which fact shall be evidenced by two affidavits, one from a funeral director and one from an embalmer, both of whom are at the time duly licensed and engaged in active practice in this State; and (e) possessed of a high school education of not less than sixteen Carnegie units or the equivalent thereof, the determination of the equivalent education

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of the applicant to be left to the discretion of the board. Embalmer or funeral director qualifications. (2) In addition to the qualifications set out above, an applicant for an embalmer's license shall: (a) have successfully completed a regular course of not less than twelve months in an embalmer's college accredited by the board; and (b) have completed, either before or after such scholastic training, a minimum of twenty-four months of service as an apprentice embalmer under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. Additional qualifications for embalmer. (3) In addition to the qualifications set out in paragraph (1) above, an applicant for a funeral director's license shall: (a) have completed thirty-six months as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State; or (b) if, however, the applicant is a licensed embalmer of this State, he shall be required to serve only twelve months apprenticeship. Additional qualifications for funeral director. (4) Each apprentice, upon commencing his apprenticeship, shall register as an apprentice with the Joint-Secretary and pay such fee as may be fixed by the board. He shall notify the board immediately upon completion of his apprenticeship and as evidence thereof, submit to the board a sworn affidavit signed by the licensed embalmer or funeral director under whom such apprenticeship was served. The fee for registration of an apprentice shall at no time exceed the sum of five dollars, and shall be paid and dispersed as other fees provided for under the terms of this Act. Apprentices. (5) Any person holding a valid funeral director's or embalmer's license in another State or territory, which has been in effect continuously for five years or more shall not be required to serve an apprenticeship to qualify for examination before the board in this State. Licensee of other State. (6) Any person who is at the time of the passage and approval of this Act and has been continuously for a period of one year prior thereto actively engaged in the business or profession of a funeral director in this State shall be entitled to a license as a funeral director without the necessity of taking an examination, provided such application is submitted to the

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board within six months from the date of the passage and approval of this Act. Existing practitioners. (7) That any firm, corporation or partnership that is in business at the time of passage shall not be denied a license under the provisions of this Bill. Section 10. Examination of applicants. Scope of examination . (1) Any eligible person may make written application to the board upon forms to be prescribed and furnished by the board, stating under oath his qualifications, and such application shall be accompanied by a fee to be fixed and prescribed by the board, but which shall not exceed the sum of fifty dollars. If the application shall be found in proper form and is shall appear that the applicant is possessed of the necessary qualifications, the board shall so notify the applicant. The applicant shall present himself before the board at a duly organized meeting thereof for examination by said board as to his knowledge of funeral directing or embalming, as the case may be, and of all subjects necessary and pertinent thereto, such subjects to be prescribed and determined by the board. Examination. (2) The examination for an embalmer's license shall consist of the propounding to such applicant in writing of not more than one hundred and fifty questions on such subjects, a knowledge of which the board deems necessary in the practice of embalming, including the following: anatomy, pathology, bacteriology, hygiene and sanitary science, chemistry and restorative art, and not more than one hundred oral questions upon the same subjects. The oral examination, when possible, shall be conducted in the presence of a cadaver, upon which actual demonstration may be required. For embalmer. (3) The examination for a funeral director's license shall consist of the propounding to each applicant in writing of not more than one hundred and fifty questions on such subjects, a knowledge of which the board deems necessary in the practice of funeral directing, including business ethics, mortuary law, the signs of death, the laws governing the transportation of dead human bodies, local health and sanitary laws, ordinances and regulations relating to funeral directing, burial, embalming,

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burial customs and rites and rituals of religious faiths and denominations, and the propounding of not more than one hundred oral questions upon the same subjects. For funeral director. (4) All examination papers, questions and answers, and the credits allowed by the board shall be kept on file by the Joint-Secretary. Section 11. Issuance of license . It shall be the duty of said board to grant to any applicant eligible under the terms of this Act for examination, who has attained a proficiency of at least seventy-five (75%) per cent. on the combined examinations, a license to practice the profession of funeral directing or embalming, as the case may be, in the State of Georgia. Issuance of license. Section 12. Expiration of license. Renewal. Exemption of service personnel .Each license issued by the board shall expire on the 31st day of December of the year in which issued. If the licensee shall desire a renewal of such license for the succeeding year, the board shall grant and issue the same without further examination, upon application therefor and upon the payment by said licensee of a renewal fee to be fixed by the board, but which shall not exceed the sum of five dollars for each such renewal. Applications for renewals of licenses and the payment of the renewal fee shall be made on or before March 1st of each year. If a licensed funeral director or embalmer of the State of Georgia fails to apply for a renewal license within a period of three years after the expiration of his license, he may obtain a renewal of such license without an examination, but shall be held to the same requirements as to the payment of fees as are persons who have not previously been licensed as such in this State. In the event the license of any licensed embalmer or funeral director has expired while he has been on active duty with any branch of the armed forces of the United States, or the militia of this State called into active service or training by the United States of America, or while in training or education under the supervision of the United States preliminary to induction into the military or naval service, such person shall be entitled to have his license renewed at the regular renewal fees, within one year after the termination of such service, training or education other than by dishonorable

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discharge, provided he furnishes the board with an affidavit as to such service and its termination, to which affidavit shall be attached either a photostatic or certified copy of his discharge. Expiration. Renewal. Exemption of military service personnel. Section 13. Licenses to be signed and registered .All licenses issued under this Act shall be properly signed by a majority of the members of the board and shall bear the official seal of the board. Each person receiving a license under the provisions of this Act shall register the same in the office of the ordinary of the county or counties in which he proposes to practice, and shall display such license in a conspicuous place in the principal office or place of business of the licensee. Signature of license. Registration. Section 14. No transfer of license .All licenses issued under the provisions of this Act shall apply only to the person receiving same and shall not be transferred or assigned. No transfer of license. Section 15. Embalmers and persons actively engaged in funeral directing exempt from examination for funeral director's license .Any person who upon the effective date of this Act holds a license as an embalmer in this State shall be deemed to be duly licensed as such under the provisions of this Act and, upon the expiration of such license, entitled to renewal thereof as herein provided. Any person who upon the effective date of this Act is a duly licensed embalmer under the laws of the State of Georgia shall be entitled to be duly licensed under the terms of this Act as a funeral director also and may obtain a license therefor upon application and payment of the prescribed fee, provided application therefor is made within six months from the effective date of this Act. Any other person who upon the effective date of this Act is actively engaged, either as owner or operator, in the business of funeral directing or is employed in the capacity of directing funerals in Georgia, shall, upon satisfactory proof thereof to the board, be entitled to a license under this Act without examination, provided application therefor is made within six months from the effective date of this Act. Embalmers and persons actively engaged in funeral directing exempt from examination. Section 16. Embalming-college students and registered apprentices may qualify under previous law .Students now enrolled in a school of embalming, or apprentice embalmers registered as apprentices with the Joint-Secretary on or before the

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effective date of this Act, and in process of qualifying for a license under the previous laws, rules and regulations effective in this State, shall be eligible to qualify under such laws, rules and regulations and to take the examination for an embalmer's license as herein provided, and, upon passing said examination as required herein, shall be granted an embalmer's license by said board. This right shall continue for four years after the date this Act becomes effective, but shall expire after such time. Embalming college students and apprentices may qualify under previous law. Section 17. Funeral establishments .No person licensed as a funeral director shall engage in the business of funeral directing except at a funeral establishment conducted at a specific street address or location, devoted to the care or preparation for burial or transportation of dead human bodies, and consisting of: (a) Facilities in which funeral services may be conducted; (b) A preparation room equipped with a sanitary floor and necessary drainage and ventilation, and containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation; (c) A display room containing an adequate stock of funeral caskets for adults and outside cases; and (d) Rolling stock consisting of at least one motor hearse. The board may adopt and enforce such rules as may be reasonable and proper to define such necessary drainage and ventilation and sanitary flooring and necessary and suitable instruments, supplies and merchandise in a funeral establishment. Regulations for operation of funeral establishment. Section 18. Licensed funeral directors required to operate establishments .All funeral establishments and all branch establishments shall be actually operated by a person holding a funeral director's license, who is in full and continuous charge, and who is a resident of this State. There shall be conspicuously displayed in all establishments the name of the person licensed to conduct such establishment. Funeral director's license required for operation. Section 19. Causes for which license may be revoked .The board may refuse to grant a license to practice embalming, or funeral directing, or may cause a licentiate's name to be removed from the records in the office of any ordinary, on the following grounds, to wit: the employment of fraud or deception in applying for license or in passing the examination provided for in this Act; or when a license has been issued through

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error to any person; conviction of a licensee of crime involving moral turpitude; the practice of embalming under a false name, or the impersonation of another embalmer or undertaker of a like or different name; habitual intemperance in the use of ardent spirits, narcotics, or stimulants to such an extent as to incapacitate him for the performance of professional duties; the failure to pay the renewal fees by March 1st of any year, as provided herein; and it shall be the duty of the Joint-Secretary to prefer charges against any licentiate for failure to pay the renewal fees, or when any person or firm makes a false statement or representation regarding the qualifications, training, or experience of any applicant for examination; or who makes a misrepresentation of any kind of funeral merchandise; or who, directly or indirectly, by gifts or otherwise, commits the offense of buying business, or pays a commission or makes gifts, directly or indirectly, for the purpose of securing business, to any physician, hospital, or any institution where death occurs, or to any hospital superintendent, nurse, interne, or employee of any hospital, home, place, or institution where death occurs; or when said applicant or licentiate is not a person of good moral character; or the person shall be guilty of gross or wilful malpractice of the science of embalming, or said person shall be guilty of wilfully violating any law, rule, or regulation of the State Board of Health, or the State Board of Funeral Service, or shall have knowingly and wilfully signed a certificate as having embalmed or prepared a body for burial or preservation when in fact someone else did so, or shall have been guilty of malpractice or gross neglect in the conduct of his practice; or shall ship dead human bodies in violation of the transportation rules of said board, or shall have been guilty of interfering in any manner, either directly or through any other person, with a licensed embalmer having charge of a body in a legal way. The said board may, upon satisfactory proof that the applicant or licentiate has been guilty of any of the offenses above enumerated, refuse to grant a license to said applicant, or may revoke the license of said licentiate upon a majority vote of said board after a hearing thereon. The board is hereby vested with full power and authority to hold and conduct such hearings, compel the attendance of witnesses and the production of books, records and documents, issue subpoenas therefor, administer

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oaths, examine witnesses and do all things necessary to properly conduct such hearings. Grounds for refusal or revocation of license. Hearings. Section 20. Institution of revocation proceedings, notice . Upon the presentation before the board of any of the grounds enumerated in the preceding section or elsewhere in this Act for revoking or refusing a license, it shall be the duty of the board to cause written notices of the time and place of 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 (20) days before the hearing. Said board shall prepare two copies of said written notice, and attach to each of said notices 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 against whom a charge has been preferred, together with his fee for service. Said sheriff or deputy shall, within ten (10) days, deliver to such licentiate or applicant personally, or leave at the most notorious place of abode of such party, one of said notices, with copy of said charge attached, and return the other notice, with copy of charge attached thereto, to said board, together with said officer's entry of service thereon. Institution of revocation proceedings. Section 21. Hearing of revocation proceedings .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 board he shall be furnished by said 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 on said hearing. Said board shall have the power to administer oaths to witnesses, 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 book, writing, or other document, or to appear or testify, without legal excuse, at such hearing of said board, after having been served with a subpoena issued by said board requiring such witness to appear, produce any book, writing, or other document, or testify at such hearing, shall be guilty of contempt, and upon certification of such act by said board to the judge of the superior court in whose jurisdiction said hearing is held

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or to be held, such judge shall punish the same as though committed before him. No license of any applicant shall be refused nor shall the license of any licentiate be revoked on account of the default or failure of the applicant or licentiate to appear, but in case of default said board may proceed with the hearing, and, upon satisfactory proof made of the truth of the charge preferred, refuse a license to the defaulting applicant, or revoke the license of such defaulting licentiate, regardless of the absence at said hearing of such applicant or licentiate. Hearing. Section 22. Any person dissatisfied with any ruling of the board may appeal to same to a jury in the superior court of the county of such dissatisfied person's residence, by filing an appeal to the same within 30 days from such ruling, there to be tried at the next term of such court as other jury trials are held; with the right of either side to appeal to the Court of Appeals or the Supreme Court as the case may be. Appeal. Section 23. Costs. Liability. Judgment. Execution .The person whose license is revoked or refused shall be liable for costs as follows: preparing copies of notice $3.00; procuring service of each notice, $3.00; each subpoena for witness, or for production of any book, writing or document, 50 cents; serving each subpoena, $1.00; judgment on hearing $5.00; transmitting appeal, $5.00; procuring cancellation of revoked license, 50 cents, and for all other costs in the same amount as are provided by law for sheriffs and clerks of the superior courts for similar services in civil suits. The board is empowered to enter up judgment for such costs as may accrue under the provisions of this Act against the person liable therefor, as herein provided, and to issue execution thereon, which shall bear teste in the name of said board and be signed by the Joint-Secretary. All costs shall be paid by any appellant before presenting his petition for certiorari. Costs, judgment, execution. Section 24. Recording revoked license .In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the Joint-Secretary, immediately after the expiration of the time allowed for appeal, to transmit to the ordinary in whose office the revoked license is recorded a copy of the order of said board

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revoking said license, certified by said Joint-Secretary, with a fee of 50 cents, and it shall be the duty of said ordinary to cancel the record of said license by entering upon the face thereof a copy of said certified order. In a case wherein appeal proceedings are had and not sustained, the revoked license shall be cancelled in the manner above provided, immediately after the final termination of such case. Recording revoked licenses. Section 25. Reinstatement of revoked license .At any time after the final termination of the proceeding refusing or revoking a license, the board may, by a majority vote, issue a new license or grant a license to a person affected, restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing as defined and regulated by this Act. Any person to whom such rights and privileges have been so restored shall pay to the Joint-Secretary the same fee required for the issuance of a new license. Reinstatement. Section 26. Enforcement by board. Expenses .The board is empowered for the purpose of carrying out the provisions of this Act to enforce the same by prosecutions or otherwise, and to authorize the payment out of the funds collected under the provisions of this Act of any legitimate expense incurred to prosecute anyone in the courts for the violation of the provisions of this Act. Enforcement of provisions. Section 27. Affecting public interest. Illegal practice. Nuisance. Abatement .The practice of embalming or funeral directing, as in this Act defined, is hereby declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed so to do in this State is declared to be a public nuisance, and any citizen of this State, or the board, or the solicitor general of the circuit where such practice is carried on by such unlicensed person, on behalf of the public, may bring a petition in the superior court of the county where such nuisance exists or is carried on to restrain and abate the same. The proceedings therein shall in all other respects conform to the general statutes relating to nuisances, their restraint and abatement. Abatement of illegal practice as nuisance. Section 28. Penalty for illegal practice .Any person who shall practice or hold himself or herself out as practicing the

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science of embalming or the business or profession of funeral directing, or shall act as an embalmer or funeral director, or assist in so doing as an apprentice, without having complied with the provisions of this Act, or who shall practice embalming, or engage in the business of funeral directing, without having paid the fee for license or renewal of license as provided herein, or who shall violate any of the provisions of this Act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law in such cases. Penalty for illegal practice. Section 29. Illegal use of term embalmer or funeral director .Any person representing himself or herself as an embalmer or funeral director by placing the term emblamer or the term funeral director after his or her name on any business sign, letterhead or card, without having first complied with the provisions of this Act, shall be deemed and considered guilty of practicing without a license and the use of these terms shall be prima facie evidence of guilt. Illegal use of terms. Section 30. Severability. Effect of invalidity of portions of Act .That the various portions of this Act be, and they are hereby declared to be severable and that, in the event any section, paragraph, subparagraph, or portion thereof, sentence or clause shall be held to be unconstitutional or invalid, the remaining portions of this Act shall not be affected thereby, but shall remain of full force and effect. If part invalid Section 31. Repeal of conflicting laws .That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved February 13, 1950. BOARD OF VETERINARY EXAMINERS. Code Ch. 84-15 amended. No. 687 (House Bill No. 482). An Act to amend Chapter 84-15 of the Code of Georgia of 1933, regulating the practice of veterinary medicine and surgery as heretofore amended, by amending the requirements for licenses to practice veterinary medicine and surgery; by providing

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for meetings of the Board of Veterinary Examiners and the adoption of regulations; by providing for the revocation of licenses granted to veterinarians, and for appeals therefrom; by providing for the enforcement of said chapter as amended; by fixing the compensation of members of the board; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 84-15 of the Code of Georgia of 1933, as heretofore amended, be, and the same is hereby amended by striking the proviso from Section 84-1504, and inserting in lieu thereof the following: Provided, that the board may by comity admit licensees of other States which have requirements equal to those imposed by this Act and extend the same privileges to licenses of this State, so that said section, as amended, shall read as follows: Code 84-1504 amended. Every person who desires to practice veterinary medicine or surgery shall obtain a license to do so from the State Board of Veterinary Examiners, and shall apply for same in writing to said board, through the Joint-Secretary, State Examining Boards, and shall be examined by said board as to his knowledge of the following branches of medicine: Comparative anatomy, physiology of domestic animals, veterinary pathology and therapeutics, materia medica and chemistry, surgical technique, veterinary obstetrics, and veterinary hygiene; and if upon examination the applicant shall be found to posses a sufficient knowledge of such branches, and shall be of good moral character, the board shall at once issue to him a license to practice veterinary medicine and surgery; provided that the board may by comity admit licensees of other States which have requirements equal to those imposed by this Act and extend the same privileges to licensees of this State. Examination and license. Licensees of other States. Section 2. That said Chapter 84-15 of the Code of Georgia of 1933 be further amended by adding thereto the following section, to be Section 84-1508: 84-1508. The members of the Georgia State Board of Veterinary Examiners shall be entitled to a per diem of $10 per day, plus actual travelling expenses while attending meetings

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of the board. The board shall hold such special meetings as may be necessary for the transaction of its business and the examination of candidates for license to practice veterinary medicine or surgery. Any such meeting may be called by the president of the board or upon the concurrence of three members of the board. A meeting shall be held within thirty days after the annual graduating exercises of the University of Georgia for the examination of graduates of the School of Veterinary Medicine of the University of Georgia and other candidates who may apply for license to practice veterinary medicine or surgery. 84-1508 added. Meetings. Section 3. That said Chapter 84-15 of the Code be further amended by adding a new section, to be known as Section 85-1509, as follows: 85-1509 added. 84-1509. The State Board of Veterinary Examiners is hereby authorized to adopt and promulgate such reasonable rules and regulations as may be necessary in the enforcement of this chapter. Rules and regulations of board. Section 4. That said Chapter 84-15 of the Code of Georgia of 1933 be further amended by adding a new section, to be known as Section 84-1510, as follows: 84-1510 added. 84-1510. The Georgia State Board of Veterinary Examiners may suspend or revoke the license of any veterinarian licensed under the provisions of this chapter for any one or more of the following causes: (1) For dishonesty in applying tuberculin test on cattle or other animals or making false records of such tests. Causes for revocation or suspension of license. (2) For dishonesty in applying a Brucellosis (Bang's Disease) test or making a false record of such test. (3) For publishing false or misleading advertising matter intended or having a tendency to deceive and defraud the public. (4) For any gross negligence, incompetence, or misconduct in the practice of veterinary medicine in this State. (5) For the conviction of any felony or crime involving moral turpitude.

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(6) For failing to report to the State Veterinarian, or any veterinarian performing the duties of State Veterinarian, the presence of any dangerously infectious or contagious disease of animals known by such licensee and required by the rules and regulations of the State Veterinarian or the Department of Agriculture to be so reported. (7) For the employment, directly or indirectly, of a capper, solicitor or drummer to secure patronage, or obtaining fees on a representation that any incurable disease of animals can be cured. (8) If it shall find that any licensee admitted by comity from another State illegally or fraudulently obtained his license in such other State or that the certificate, diploma or other evidence of any applicant of graduation from an accredited veterinary school was illegally or fraudulently obtained or that any such licensee was guilty of cheating or other fraudulent conduct in passing the examination provided for by this Act. Section 5. That said Chapter 84-15 of the Code of Georgia of 1933 be further amended by adding a new section to be known as Section 84-1511, as follows: 84-1511 added. 84-1511. Any licensed veterinarian against whom any such charge may be preferred, whether by the Georgia Board of Veterinary Examiners or by any citizen of the State who may be aggrieved by the conduct of such veterinarian, shall be entitled to notice of such charges and a copy thereof and to a hearing thereon. Any such charges shall be filed with the Joint-Secretary of the State Examining Boards and shall be served upon the veterinarian against whom they are filed, by the Joint-Secretary or by some employee of his office by him thereunto designated, ten days before the date set for a hearing thereon, which date shall be fixed by the Joint-Secretary upon the filing of such charges, and shall not be less than thirty days from the date on which they are filed. The Georgia Board of Veterinary Examiners shall meet on the date so set and hear said charges and all evidence pertaining thereto. The licensee against whom they are filed shall be entitled to be represented by counsel of his choice and to be confronted

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with and to cross-examine the witnesses introduced against him. The board shall, after hearing all of the evidence, determine whether or not the charges have been sustained and whether or not, upon such charges being sustained, the license of the licensee shall be revoked or suspended. The decision of the board shall be subject to review by the superior court of the county of the residence of the licensee by writ of certiorari, and an appeal shall lie from a decision on such writ as in other cases. The board may revoke the license of the licensee, which revocation shall be permanent unless the licensee is thereafter reinstated, as hereinafter provided, or it may suspend the license of the licensee for such period, not exceeding two years, as it may deem proper, any such punishment being subject to the review hereinbefore provided. Charge of misconduct, etc. Hearing. Certiorari. Section 6. That said Chapter 84-15 be further amended by adding a new section to be known as Section 85-1512, as follows: 85-1512 added. 85-1512. Said Georgia State Board of Veterinary Examiners is authorized and empowered to bring suit in any court of competent jurisdiction to enforce the provisions of this chapter by petition for injunction or other appropriate legal or equitable remedy, and it shall be the duty of the Attorney General and the Department of Law to represent the board in any such proceeding. Actions by board to enforce provisions. Section 7. Nothing contained in this Act shall be construed to repeal, or in any wise affect, the Act approved February 24, 1939 (Ga. Laws 1939, p. 327) entitled an Act to prevent the spread of hog cholera, to prescribe the method of purchase, distribution, and administering of hog cholera serum and virus in this State, and for other purposes, or the right of any person qualified under said Act of 1939 to do anything authorized by said Act. Nor shall this Act be construed to affect the right of a farmer to treat his own livestock, or to purchase virus and serum for said purposes. Act of 1939. Farmers. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1950.

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FERTILIZERREGULATION OF CONTAINERSTAXATION. Code 5-1104, 5-1118 amended. No. 688 (House Bill No. 898). An Act to authorize and empower the Commissioner of Agriculture to promulgate rules and regulations governing the size or weight content of a bag or container for fertilizer at whatever size the fertilizer manufacturer, mixer or farmers shall demand or prescribe; and to amend an Act, (Georgia Laws 1943, pages 294, 295 and 296, approved March 20th, 1943, Section 5-1104, and Section 5-1118, Code of Georgia), known as the Fertilizer and Fertilizer Material Registration Act, requiring the use of numerical tags to be affixed to all bags, or containers of fertilizer sold or delivered in this State to show that the State tax of thirty cents per ton had been paid on the fertilizer, by adding at the end of said sections the following words: or that the Commissioner of Agriculture is hereby authorized and empowered to promulgate rules and regulations providing for, and allowing, the use of stamps which may be affixed to tags, or paper containers, or, to provide for the use of stamping machines, (similar to those permitted by the U. S. Government Postal Service for postage, or those permitted by the State Revenue Department for tax payment on cigarettes) providing however that when stamping machines are permitted by the Commissioner of Agriculture for use in tax payment by the fertilizer manufacturers, mixers or jobbers that they shall be required to post or deposit with the Commissioner of Agriculture for the amount of tax estimated for the season, and a bond for any excess there may be and that when said stamping requirement has been complied with that paper bags, tags or other containers may be stamped therewith as evidence of the State tax of thirty cents per ton has been paid on the fertilizer; to repeal all conflicting laws; to fix penalty for violation; and for other purposes. Be it enacted by the General Assembly of Georgia and under the authority of the same, as follows: Section 1. On and after the passage of this Act, the Commissioner

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of Agriculture is hereby authorized and empowered to promulgate rules and regulations governing the size or weight content of a container for fertilizer, at whatever size the fertilizer manufacturer, mixer, jobber or farmers shall demand, or prescribe, as being practical for use in mechanized equipment, planting or otherwise. Regulation of size and weight content of containers. Section 2. That Georgia Laws, 1943, pages 294, 295 and 296, approved March 20th, 1943, Section 5-1104, and Section 5-1118, Code of Georgia, Act known as the Fertilizer and Fertilizer Material Registration Act is hereby amended by adding at the end of said sections the following words: Or, that the Commissioner of Agriculture is hereby authorized and empowered to promulgate rules and regulations providing for, and allowing the use of stamps which may be affixed or attached to tags or paper bags and containers, or to provide for the use of stamping machines, (similar to those permitted by the U. S. Government Postal authorities for postage use, or those permitted by the State Revenue Department for tax payment on cigarettes), provided, however, that when stamping machines are permitted for use in tax payment by the fertilizer manufacturers, mixers or jobbers that they shall be required to post a deposit with the Commissioner of Agriculture for the amount of the estimated tax for the season, and post a bond to cover excess, if any, and that when said stamping requirement of the Commissioner of Agriculture has been complied with, that tags, paper bags, or other containers may be stamped therewith said machine as evidence of the State fertilizer tax of thirty cents per ton. Code 5-1104 and 5-1118 amended. Tax stamp or stamping machines. Section 3. That all laws and parts of laws in conflict herewith shall be and are hereby repealed. Approved February 15, 1950.

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TEACHERS' RETIREMENT SYSTEMAMENDMENTS. Code Ch. 32-29 amended. No. 689 (House Bill No. 935). An Act to amend an Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the public schools and other State supported schools, etc., approved March 19, 1943, as found in the Acts of 1943 on pages 640-670, as later amended, and as found in Georgia Code, 1933, Chap. 32, Part VII as amended, herein referred to as the Georgia Teachers Retirement System Law; to revise the definition of teacher in said Act; to revise the definition of earnable compensation in said Act; to provide for service and disability retirement after thirty-five years of creditable service; to redefine the pension payable on retirement based upon contributions and upon prior service benefits; to provide for increased pension payments based upon prior service accumulations of retired members; to provide for deduction from earnable compensation of members until their sixty-fifth birthday; to revise the provisions of the Act for optional additional contributions by members; to provide for a commencement date when these amendments to said Act 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 that the Georgia Teachers Retirement System Law, approved March 19, 1943, Georgia Laws 1943, page 640, Ga. Code 1933, Pocket Supp. Chap. 32, Part VII, is amended as hereinafter provided. Section 1. Section 1, Subsection (5) (Ga. Code 32-2901 (5)) of said Georgia Teachers Retirement System Law is hereby amended by striking the first sentence of said Subsection (5) and inserting in lieu thereof the following sentence: Code 32-2901 (5) amended. `Teacher' shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State

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Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia. Teacher defined. Section 2. Section 1, Subsection (13) (Ga. Code 32-2901 (13)) of said Georgia Teachers Retirement System Law is hereby amended by striking the words excluding any part of compensation in excess of $3,000 per annum in the second and third lines of said subsection, so that said subsection when so amended shall read as follows: 32-2901 (13) amended. (13) `Earnable compensation' shall mean the full rate of regular compensation payable to a member teacher for his full normal working time; in cases where compensation includes maintenance, the board of trustees shall fix the value of that part of the compensation not paid in money. Earnable compensation defined. Section 3. Section 5, Subsection (1) (a) (Ga. Code 32-2905 (1-a)) of said Georgia Teachers Retirement System Law is amended by adding in the sixth line of said subsection between the words retirement and has the words has thirtyfive years of creditable service, or, so that said subsection when so amended shall read as follows: 32-2905 (1-a) amended. (1) (a) Any member in service may retire on a service retirement allowance upon written application to the board of trustees setting forth at what time, not less than thirty days, nor more than ninety days, subsequent to the execution and filing thereof, he desires to be retired, provided the member at the time so specified for retirement has thirty-five years of creditable service, or has attained age sixty and notwithstanding that during such period of notification he may have separated from service. Retirement after 35 years' service or at age 60. Section 4. Section 5, Subsection (2) (Ga. Code 32-2905 (2)) of said Georgia Teachers Retirement System Law is amended

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by striking Paragraphs (b) and (c) of the said subsection and substituting in lieu thereof the following: 32-2905 (2) amended. (b) A pension equal to the annuity allowable at age of retirement, but not to exceed an annuity allowable at age sixty-five computed on the basis of contributions made prior to age sixty-five. (c) If he has a prior service certificate in full force and effect an additional pension equal to the annuity which would have been provided at age of retirement, but not to exceed an annuity which would have been provided at age sixty-five by three times the amount of his prior service accumulations as heretofore defined, with regular interest thereon from time to time in effect from the date of establishment until the date of his retirement, but not to exceed the attainment age of sixty-five. In the case of those who have retired and who are receiving retirement benefits based upon prior service credits under the Act upon the commencement date for these amendments, the board shall revise the benefits such persons are thereafter entitled to receive by re-calculating as of the date of their retirement the additional pension provided by the Act as amended, so that so much of the pension based upon prior service accumulations as is thereafter paid to such beneficiaries shall be equal to the annuity which would have been provided at the age of their retirement (but not exceeding age sixty-five) by three times the amount of the prior service accumulations of such persons, with regular interest thereon to the date of their retirement as herein provided; but for the purpose of calculating such increased pension payments based on prior service credits to be thereafter paid to such persons, such persons shall be deemed to have already received such increased pension benefits as provided by the Act as amended from the date of their retirement to the commencement date for these amendments. Benefits payable by reason of optional elections under the Act to persons other than retired members, but based upon the prior service credits of such members who have retired upon the commencement date for these amendments, shall also be adjusted in accordance with the directions hereof. Amounts. Revision. Section 5. Section 5, Subsection (4) (Ga. Code 32-2905

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(4)) of said Georgia Teachers Retirement System Law is amended after the word sixty and before the word otherwise in the third line of said subsection by adding the following words: or has thirty-five years of creditable service, so that said subsection, when so amended, shall read as follows: 32-2905 (4) amended. (4) Upon disability retirement a member shall receive a service retirement allowance if he has attained age sixty or has thirty-five years of creditable service, otherwise he shall receive a disability retirement allowance which shall consist of: Disability retirement. (a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement. (b) A pension equal to seventy-five per centum of the pension that would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation. Section 6. Section 8, Subsection (1) (a) (Ga. Code 32-2921 (1-a) of said Georgia Teachers Retirement System Law is amended by striking the word sixty in the sixth line of said Paragraph (a) and inserting in lieu thereof the words sixty-five so that said paragraph when so amended shall read as follows: 32-2921 (1-a) amended. (a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period (after the commencement date) five per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensation of a member who elects not to contribute if he has attained age sixty-five and has completed thirty-five or more years of service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate in making of deductions the employer may modify the deductions required of any member but not more than one-tenth of one per centum of the annual compensations upon the basis of

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which such deductions are to be made. Each employer shall immediately pay to the board of trustees, in such manner as the board shall prescribe, the amounts deducted, which shall be credited by the board to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Deductions. Section 7. Section 8, Subsection (1) (c) (Ga. Code 32-2921 (1-c)) of said Georgia Teachers Retirement System Law is amended by striking the words age sixty at the end of the first sentence of said Paragraph (c) and substituting in lieu thereof the words at retirement, but not exceeding age sixty-five, so that said Paragraph (c) when so amended shall read as follows: 32-2921 (1-c) amended. (c) In addition to the contributions deducted from the compensation of members as herein before provided, any member may, subject to the approval of the board of trustees, and such conditions as the board may prescribe, re-deposit in the annuity savings fund by a single payment or by an increased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Act, or any part thereof; or any member may, subject to the approval of the board and such conditions as the board may prescribe, deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his prospective retirement allowance, will provide for him a total retirement allowance of not more than one-half of his average final compensation at retirement, but not exceeding age sixty-five. Such additional amounts so deposited shall become a part of his accumulated contributions; provided that upon retirement they shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension. Purchase of annuity. Section 8. The amendments to said law made by this Act shall become effective upon its approval, but this Act shall not become operative as to any of its provisions prior to the commencement date of these amendments, which is hereby fixed and defined as July 1, 1950. The board, however, is

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authorized to postpone the commencement date if it finds that placing these amendments in operation on that date may detrimentally affect the actuarial soundness of the retirement system. Such date, however, if so postponed, shall be fixed by the board at as soon a time thereafter as the board determines to be feasible; and the board shall notify all employers and members of the postponed commencement date when it has been determined. Effective date. Section 9. Be it further enacted that if any part of this Act shall be finally determined to be invalid for any reason, the invalidity of such portion of the Act shall not by reason thereof invalidate the remainder of the Act, it being hereby declared as a policy of the General Assembly that the remainder of the Act not affected thereby shall remain of full force and effect. 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 February 16, 1950. NON-PROFIT MEDICAL SERVICE ACT. No. 691 (House Bill No. 115). An Act to provide for the organization and operation of non-profit medical service corporations, under which medical and surgical care, or both, may be rendered by licensed doctors of medicine; to fix the powers and duties of such corporations; to provide for the regulation of the same by the Insurance Commissioner of the State of Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Public policy; liberal construction; Act, how cited: (a) It is declared to be the public policy of this State to conserve its human resources by making available to all its

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citizens medical and surgical care in keeping with modern scientific practices in the field of medicine, and to this end this legislation is enacted. Declaration of policy. (b) This statute shall be construed liberally to promote its humanitarian purposes. (c) This statute may be cited as Non-Profit Medical Service Act of 1950. Title. Section 2. Definitions: That, as used in this Act, the following terms have the meanings respectively assigned to them unless the context otherwise plainly requires: Definitions. (a) Medical service corporation means a corporation organized without capital stock and not for profit, and incorporated in accordance with Section 5 of this Act, specifically for the purpose of establishing, maintaining and operating a non-profit medical service plan. Medical service corporation. (b) Medical service plan means a plan or arrangement under which medical services are or may be rendered to a subscriber, a covered dependent or other beneficiary by a licensed physician and surgeon at the expense of a medical service corporation, as defined herein, in consideration of periodical payments made by the subscriber or another in his behalf prior to the occurence of the condition calling for the rendition of medical or surgical services. Medical service plan. (c) Medical services means the general and usual services and care rendered and administered by doctors of medicine. It shall not include hospital service. Medical services. (d) Subscriber and member mean a person to whom a subscription certificate is issued by a medical service corporation which sets forth the kinds and extent of the medical services for which the corporation is liable to make payment. Subscriber, member. (e) Beneficiary and covered dependent mean a person designated in the subscription contract, or application therefor, as entitled to the medical services referred to in Paragraph (d) of this section, with respect to whom appropriate dues are specified in writing between the corporation and the member holding such certificate. Beneficiary, covered dependent.

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(f) Participating physician means a doctor of medicine licensed to practice medicine and surgery in this State who agrees, in writing, with a medical service corporation to perform the medical services specified in the subscription certificates issued by the corporation, and at such rates of compensation as shall be determined by the board of directors of the corporation, and who agrees to abide by the bylaws, rules and regulations of the corporation applicable to participating physicians. Participating physician. (g) Commissioner means the Insurance Commissioner of the State of Georgia. Commissioner. (h) Person includes a natural person, a co-partnership, an association, a common law trust or a corporation. Person. (i) The personal pronoun as used in this Act, except where otherwise clearly indicated, shall import masculine, feminine or neuter gender. Section 3. Corporations to provide medical service .That corporations contemplated by this Act may be incorporated for the purpose of establishing, maintaining, and operating a non-profit medical service plan under which medical or surgical care, or both, may be rendered by licensed doctors of medicine with whom any such corporation has contracted for such medical or surgical care, as herein defined. Purpose. Section 4. Corporations to be non-profit organizations .That such corporations shall be governed and conducted as non-profit organizations for the sole purpose of offering and furnishing a medical service plan or plans to its members, beneficiaries and covered dependents in consideration of the payment by such members or other persons of a definite sum for the medical or surgical care, or both, so contracted to be furnished; provided, however, the necessary expense of administering the affairs of said corporations may be paid from the dues or payments collected. Organizations non-profit. Section 5. Incorporation .That corporations contemplated by this Act shall be chartered and organized as non-profit corporations in the manner prescribed by the Corporation Act of 1938 and amendments thereto, with such modifications only as are set forth in this Act. Incorporation.

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Section 6. Organization .The business of such corporations shall be managed by a board of directors of three (3) or more persons, the majority of whom, at all times, shall be licensed doctors of medicine, and elected by the members and for such terms as may be provided in the bylaws; provided, however, if such corporation shall operate in as many as six (6) counties of this State, its board of directors shall consist of not less than five (5) persons, and, if such corporation shall operate in as many as fifteen (15) or more counties of this State, its board of directors shall consist of not less than seven (7) persons. The medical members of the board shall be nominated by the medical societies in the county or counties in which the corporation shall operate and the other members of the board shall be representative of the subscribers of the areas involved and shall be nominated by the members of the corporation, and all members of the board shall be elected by the members of the corporation as herein provided. Directors shall serve without pay for their work in this capacity; however, they may receive pay for particular services actually rendered, such as legal counsel, medical or surgical service, accounting or other required services, upon specific approval of the board of directors, such approval being made a part of the minutes of the board of directors, except a director shall have no vote on any matter in which he has a financial interest. Organization. Section 7. Persons authorized to write medical service plan contracts .That it shall be unlawful for any person except a medical service corporation (incorporated in accordance with the provisions of this Act and operating in accordance with authority from the Commissioner) to establish, maintain, or operate a medical service plan, or to solicit subscribers to or enter into contracts with respect to a medical service plan; provided, such corporations, with the approval of the Commissioner, may enter into an agency contract with any licensed non-profit hospital service corporation; and, provided further, nothing in this Act shall be construed as preventing a person from furnishing medical services for the prevention of disease among his employees or from furnishing such medical services as are required under the workmen's compensation or other laws of this State, or as preventing any duly licensed insurance company from writing medical indemnity insurance. Persons authorized to write medical service plan contracts.

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Section 8. Applications. That such corporations when organized shall be authorized to accept applicants individually or in groups who may become members of said corporation furnishing medical or surgical care, or both, under a contract which shall entitle each member, beneficiary, and covered dependent to such medical or surgical care, or both, for such period of time as is provided therein; and that such corporations shall be governed by this Act and shall not be construed as being engaged in the insurance business under the laws of this State. Applications for membership. Section 9. Limitation of service. That each such corporation shall be authorized to accept applications for membership and to issue contracts only to persons residing in counties in which the medical service plan of such corporation shall have been approved by the county medical society of such county. In the event there is no medical society in the particular county concerned, approval by the medical society in an adjoining county will be considered sufficient. Limitations of service. Section 10. Authority of corporations to contract. That such corporations shall have the authority to contract with physicians, for payment of services rendered, in such manner as to assure to each person holding a contract of said corporation the furnishing of such medical or surgical care, or both, as may be agreed upon in the contract of said corporation, with the right of said corporation to limit in said contract the types of diseases and conditions for which it shall furnish medical or surgical care, or both. Authority of corporations to contract. Section 11. Limitation upon authority to contract. That such corporations shall have authority to contract with only licensed doctors of medicine; provided, however, that all contracts issued by such corporations to members shall contain a provision, to be first approved by the Insurance Commissioner, which shall permit the persons with whom made, and all persons entitled to medical service thereunder, the right to receive such service, either in ordinary or emergency cases, from any licensed doctor of medicine selected by such person, and that such doctor of medicine will be paid by such corporation an amount provided for in the contract of such corporation for non-participating licensed doctors of medicine. Limitation upon authority to contract.

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Section 12. Membership certificates. That every such corporation shall issue to its members certificates of membership, which shall set forth the contract between the corporation and the member, and specify how the holder of such contract may obtain the name or names and addresses of the physicians upon whom the member shall have the right to call for medical or surgical care, or both, and the nature of such services. Such certificate shall be consistent with this Act and the purposes thereof. It shall contain no unnecessary or rigid restriction, limitation or exclusion. It shall be prepared with the greatest possible degree of clearness, and in such a way as not to mislead the holder. Its form, size of type, general arrangement, and contents shall be subject to the approval of the Insurance Commissioner and shall be filed with and approved by him, before being issued in this State. Membership certificates. Section 13. Prohibition against corporate practice of medicine. That such corporations shall have the right to sell contracts providing for the payment of specified charges made by physicians furnishing medical or surgical care, or both, to the holders of such contracts, their beneficiaries and covered dependents as herein provided for. Such contracts shall not in any manner restrict the right of the holder to obtain the services of any licensed doctor of medicine nor shall such contracts attempt to control the relation existing between any holder or beneficiary of any such contract and his physician. Such corporations shall impose no restriction on the doctors of medicine who treat its subscribers as to the methods of diagnosis or treatment. The private physician-patient relationship shall be maintained, and a subscriber shall at all times have free choice of any doctor of medicine who is a participating physician in the corporation and who agrees to accept a particular beneficiary as a patient. Prohibition against corporate practice of medicine. It is the purpose of this section to make it clear that the creation of the relationship of patient and physician depends upon the mutual assent of both parties. Contracts issued by the corporation to the subscribers shall not constitute individually or jointly obligations of the participating physician or physicians servicing the plan. No provision of this Act shall be construed as authorizing

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the corporate practice of medicine; and such corporations shall not practice medicine. No physician rendering service or called on to render service to a member, beneficiary, or covered dependent shall be construed to be an agent or employee of such corporation and such corporation shall not be liable for the negligence, misfeasance, malfeasance, nonfeasance or malpractice of any physician rendering medical or surgical services to any such member, beneficiary or covered dependent. Section 14. All licensed doctors may participate. That every doctor of medicine licensed to practice in this State and who is reputable and in good standing, shall have the right to become a participating physician in the corporation operating in the county in which he resides or practices, for medical or surgical care, or both, as the case may be, under such terms and conditions as are imposed on other participating physicians under similar circumstances, or as prescribed in this Act and approved by the Commissioner. All licensed doctors may participate. Section 15. Acquisition, administrative expenses. That all acquisition and administrative expenses incurred in connection with such corporations shall at all times be subject to the approval of the Commissioner. The term administrative expenses as used in this section shall include all expenditures except payment for subscribers' claims. Claim service expense shall be separately classified and included in administrative expense, unless otherwise ordered by the Commissioner. Administrative expenses. Section 16. Bond of treasurer. That the treasurer of such corporation shall be required to give a fidelity bond with corporate surety in such sum as may be determined by the officers of said corporation and all funds collected from the members or subscribers of said corporation shall be deposited to the account of said corporation in a bank, which is a State depository. Treasurer's bond. Section 17. Investments. The funds of such corporation shall be invested only in securities permitted by the laws of the State of Georgia for the investment of assets of insurance companies. Investments.

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Section 18. Reserves. That every such corporation shall maintain at all times proper reserves, subject to the approval of the Commissioner, for unearned subscription fees and unearned premiums, and for unpaid medical service bills, including provision for unreported and undischarged medical cases and other known liabilities. In addition, a contingency or epidemic reserve shall be accumulated annually at the rate of not less than two and one-half (2%) percent of net premium income. Reserves. When such contingency or epidemic reserves equal seventy-five thousand ($75,000.00) dollars or fifty-five (55%) percent of the annual premium income (whichever is higher), further accumulations may be discontinued for any length of time that they are not required to meet the above requirement. Section 19. Finance procedure. That said corporations shall not pay any of the funds collected from the members or subscribers to any physician until after said physician shall have rendered the necessary medical or surgical care, or both, as the case may be, to such subscriber or member. Financial procedure. Section 20. Regulated by Insurance Commissioner. That such corporations shall be subject to regulation and supervision by the Insurance Commissioner of Georgia; provided, any such corporation shall not be required by any department of this State to post bond or place deposits with any department of this State to begin business or to operate under this Act, and the provisions of Title 56 of the Code of Georgia of 1933, as amended, relating to insurance companies or any of them, are hereby declared inapplicable to corporations organized or operated under this Act. Regulation by Insurance Commissioner. Section 21. Supervision of rates. That such corporations shall, before accepting applications for membership in said non-profit medical service plan, submit to the Insurance Commissioner of Georgia a plan of operating and overhead expenses, operation cost, salaries, paid or to be paid during any current year, together with a schedule of its rates or dues to be charged and the amount of medical and surgical service contracted to be rendered; which plan, rates and amount of service shall first

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be approved by the Insurance Commissioner as fair and reasonable before said corporation shall engage in business. Supervision of rates. Section 22. Approval of rates .That the Insurance Commissioner shall likewise first approve the rates of payment to be made by said corporations to physicians for the rendering of medical or surgical care, or both, on behalf of said corporation, its members, beneficiaries, and covered dependents, as being reasonable and just. Approval of rates. Section 23. Certificate of authorization, application .That a corporation subject to the provision of this Act may issue contracts when the Commissioner has authorized it to do so. Every application for such certificate of authorization shall be accompanied by copies of the following documents: Application for certificate of authorization. (a) A certified copy of its charter or certificate of incorporation. (b) A copy of its bylaws, certified by the lawful custodian of the original. (c) Proposed contracts between the corporation and the participating physicians showing terms under which medical service is to be furnished to subscribers. (d) Subscription contracts to be issued to subscribers showing a table of the rates to be charged and the benefits to which they are entitled, showing benefits expressed in service and in dollars. Such contracts shall make clear the responsibility for service to the subscribers rests with the corporation, and not with the participating physicians. (e) A statement of the county or counties in which it proposes to operate medical service plans. (f) A statement of its financial condition and business in such from and detail as the Commissioner may require, including the amounts of contributions paid for working capital and the name or names of each contributor, and the terms of such contributions, signed and sworn to by its president and secretary, or other proper officers. Contributions not paid, but agreed to be paid, may be reported as a separate item, but shall not be admitted as assets of the corporation.

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Section 24. Issue certificate of authorization, when .The Commissioner shall issue a certificate of authorization upon compliance with this Act, and other proper requirements of the Commissioner, and upon being satisfied upon the following points: Issue of certificate of authorization. (a) That all items required to be filed are in proper form and meet the approval of the Commissioner. (b) That the applicant is established as a bona fide medical service corporation, that the services rendered by such corporation are not an unnecessary duplication of similar services in the community served, are desirable for public necessity and convenience, and that a fair opportunity has been given to all practicing physicians of standing in the area to be served to become participating physicians. (c) That the solicitation of contracts by the corporation and its conditions or methods of operation are fair and reasonable. (d) That the rates charged are fair, reasonable, adequate and not unfairly discriminatory, that benefits to be provided are fair, reasonable, and not unfairly discriminatory. That rates may differ between subscribers in recognized groups and individual subscribers not in groups, all subject to the approval of the Commissioner. (e) That the amount of money actually available for working capital is sufficient to carry all acquisition costs and operating expenses for a period of at least six (6) months from the date of the issuance of the certificates. (f) That the amount provided as working capital shall only be provided by individuals or groups who have no financial interest in the activities of such medical service corporation, or by the participating physicians. Interest charged therefor, if any, shall not exceed six (6%) percent and payment of interest, if any, and repayment of such working capital shall be permitted only after provision has been adequately made for operating expenses, payments to participating physicians for medical and surgical services, and the establishment of legal reserves and such other reserves as may be required by the Commissioner.

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(g) That a provision has been made in the subscription contract authorizing medical and surgical services by other than participating physicians, in which case money benefits shall be provided, as specified in the subscription contract and approved as fair by the Commissioner. Such certificate of authority issued by the Commissioner to operate a medical service plan or plans will be limited by the Commissioner to the contracts and practices approved by him. Section 25. Examination of books and records .That every such corporation shall keep complete books and records, showing all funds collected and disbursed, and all books and records shall be subject to examination by the Insurance Commissioner annually, the expense of such examination to be borne by said corporation. Examination of books and records. Section 26. Reports to Insurance Commissioner .That every such corporation shall annually on or before the first day of March file in the office of the Insurance Commissioner a statement verified by at least two of the principal officers of said corporation, showing its condition on the 31st day of December, then next preceding, which statement shall be in such form and shall contain such matters as the Insurance Commissioner shall prescribe. Reports to Insurance Commissioner. Section 27. The certificate of authorization hereinbefore referred to shall be applied for and renewed annually by the Commissioner, except on such application such corporation shall not be required to furnish documents set forth in Section 23 of this Act. He shall not renew such certificate, and shall be authorized to revoke an existing one, upon the failure of the corporation to comply with the provisions of this law. Due notice and opportunity to be heard on the question of refusing to renew a certificate of authorization or the revocation of an existing one, shall first be given by the Commissioner. Renewal, revocation of certificate. Section 28. Whenever the Commissioner finds, after investigation, that an organizer, solicitor, or agent of such corporation has unfairly or improperly solicited subscription certificates by misrepresenting the terms thereof or has engaged in any other unfair or deceptive practice, or for any reason is

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incompetent to serve as such organizer, agent, or solicitor, or that his services are not, in fact, needed, he shall order such corporation to dispense with such services. Soliciting agents. Section 29. Review of decisions .Any dispute arising within the purview of this Act with reference to the regulation and supervision, or either of them, of any such corporation shall, within thirty (30) days after such dispute arises, be submitted by the aggrieved person to the Commissioner for his decision with reference thereto; provided, nothing herein shall authorize or require the Commissioner to determine the contractual rights between the parties interested in any such corporations. After proper notice and hearing, any decision and order of the Commissioner made pursuant to the provisions of this Act, shall be binding on the persons involved, unless set aside on review as herein provided. A review of any such decision or order made by the Commissioner may be had in the Superior Court of Fulton County, Georgia, upon a writ of certiorari. Application for such writ shall be made within thirty (30) days of such decision or order. Disputes referred to Insurance Commissioner Certiorari. Section 30. Definition as charitable and benevolent institutions .That every corporation subject to the provisions of this Act is hereby declared to be a charitable and benevolent institution and shall be exempt from all taxes as such charitable and benevolent institutions are now or may hereafter be exempt from taxes. Any and all supervision, liquidation or examination of the affairs of any such corporation by the Insurance Commissioner shall be at the expense of such corporation. Corporations charitable and benevolent institutions. Section 31. Dissolution .That any dissolution or liquidation of any such corporation subject to the provisions of this Act shall be under the supervision of the Insurance Commissioner. In case of dissolution of any such corporation formed under the provisions of this Act, claims of certificate holders of such corporation shall be given priority over all other claims except cost of liquidation. Any assets remaining after satisfaction of all claims of certificate holders and payment of all costs of liquidation, may be used only to carry out the original purposes for which such corporation was chartered. Dissolution. Section 32. Separability clause .That if any clause, sentence,

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paragraph or section of the provisions of this Act be decided by the courts to be unconstitutional or invalid, the same shall not affect the Act as a whole, nor any part thereof, other than the part so decided to be unconstitutional or invalid. If part invalid. Section 33. Repeal of laws .That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1950. REAL ESTATE BROKERSLICENSES. Code 84-1401 and 84-1409 amended. No. 692 (Senate Bill No. 225). An Act to amend Section 84-1401 of the Code of Georgia, as amended, which section deals with the counties in which it is necessary to obtain a license to engage in the real estate business, by changing the population figure contained therein; and to amend Section 84-1409 of the Code of Georgia, as amended, which section deals with qualification of applicants for real estate licenses, by granting the commission discretionary power to grant temporary brokers' licenses; and for other purposes. Be it enacted by the General Assembly of Georgia and it it is hereby enacted by authority of the same: Section 1. That Section 84-1401 of the Code of Georgia, as amended, which section deals with the counties in which it is necessary to obtain a license to engage in the real estate business, is hereby amended by striking the figure 70,000 and inserting in lieu thereof the figure 30,000 so that said section when amended shall read as follows: Code 84-1401 amended. It shall be unlawful for any person, firm, partnership, association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity either directly or indirectly of a real estate broker or real estate salesman within any county in this State having

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a population of 30,000 or more, according to the United States census of 1940, or any future census, without first obtaining a license under the provisions of this Chapter. Provided further that persons who have been engaged in the real estate business either as broker or salesman in counties of less than 70,000 population will be entitled to a license either as broker or salesman upon the payment of the fee for license required by law and will not be required to stand an examination. Real estate broker or salesman. License in certain counties. Section 2. That Section 84-1409 of the Code of Georgia, as amended, which section deals with qualification of applicants for real estate licenses, is hereby amended by striking the language of said section in its entirety and substituting in lieu thereof new language so that when amended said section shall read as follows: 84-1409 amended. Licenses shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing and are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public and only after satisfactory proof thereof has been presented to the Georgia Real Estate Commission. Qualifications. Before an individual may be granted a broker's license he must have had a salesman's license in the State of Georgia for at least twelve months and must have been actively engaged in the real estate business for such period of time, and must have passed an examination provided by the Commission; except that in extraordinary cases the Commission may in its discretion grant temporary certificate; and except when the applicant has previously held a broker's license in this State he will be eligible for reinstatement of his license upon satisfactory proof being furnished the Commission that he was in good standing with the Georgia Real Estate Commission at the time of his retirement from the real estate business, and conditioned upon his passing an examination to be given by the Commission, and provided that all licensed brokers shall give bond in the sum of $1,000.00, acceptable to and to be approved by said Commission to abide by all laws enacted in reference to such brokers.

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Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950. SUPERVISOR OF PURCHASESSALARY. No. 694 (Senate Bill No. 197). An Act to amend an Act approved March 24, 1939, (Georgia Laws 1939, pp. 160-177) entitled in part An Act to amend an Act approved March 29, 1937 (Georgia Laws 1937, pp. 503-515), entitled `An Act to amend Chapter 40-19 of the 1933 Code, known as the Chapter creating the Supervisor of Purchases within the Executive Department' by changing the salary of the Supervisor of Purchases from $5,000 per annum to $7,500. Be it enacted by the General Assembly of the State of Georgia: Section 1. That an Act approved March 24, 1939 (Georgia Laws 1939, pp. 160-177), entitled in part An Act to amend an Act approved March 29, 1937 (Georgia Laws 1937, pp. 503-515), entitled `An Act to amend Chapter 40-19 of the 1933 Code, known as the Chapter creating the Supervisor of Purchases within the Executive Department' be and it is hereby amended by striking the words and numerals five thousand ($5,000) from Section 1 of said Act and substituting therefor, after the words at a salary of the following: seven thousand five hundred ($7,500) so that Section 1 of said Act, as amended, shall read as follows: Section 1. There is hereby established as a separate and distinct agency of the State of Georgia the office of Supervisor of Purchases. The Supervisor of Purchases shall be appointed by the Governor and confirmed by the Senate to serve for a term of four years, at a salary of seven thousand five hundred ($7,500) per annum, payable monthly. Before entering upon the duties of his office, the Supervisor of Purchases shall give

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a good and sufficient surety bond in the amount of fifteen thousand dollars ($15,000), to be approved by the Governor and payable to the Governor and his successors in office. Salary. Section 2. That the said increase in salary shall become effective immediately upon approval of this Act by the Governor. Effective date. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 16, 1950. LAKE CHATUGEFISHING LICENSES. No. 695 (Senate Bill No. 173). An Act to authorize and empower the Director of the State Game and Fish Commission to make and enter into agreements, from time to time, with the proper authorities of the State of North Carolina, whereby a current fishing license issued by the State of Georgia will be accepted and honored as, and in lieu of, a current North Carolina fishing license for fishing on the banks and in the waters of Lake Chatuge, lying and being within the State of North Carolina, and a current fishing license issued by the State of North Carolina will be accepted and honored as, and in lieu of, a current Georgia fishing license for fishing on the banks and in the waters of Lake Chatuge, lying and being within the State of Georgia, by each State respectively. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That the Director of the State Game and Fish Commission be, and he is hereby authorized and empowered, to make and enter into agreements, from time to time, with the proper authorities of the State of North Carolina, whereby a current fishing license issued by the State of Georgia will be accepted and honored as, and in lieu of, a North Carolina fishing

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license for fishing on the banks and in the waters of Lake Chatuge, lying and being within the State of North Carolina, and a current fishing license issued by the State of North Carolina will be accepted and honored as, and in lieu of, a Georgia fishing license for fishing on the banks and in the waters of Lake Chatuge, lying and being within the State of Georgia, by each State respectively. Agreement with State of North Carolina authorized. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 16, 1950. LOYALTY OATHAMENDMENT No. 696 (Senate Bill No. 142). An Act to amend the Act requiring persons on the payroll of of the State, its departments and agencies, county and city governments, school districts and boards of education to take a prescribed loyalty oath, approved February 23, 1949, contained in Georgia Laws 1949, pp. 960-962, by repealing in its entirety Section 3 thereof which prescribed the form of oath, and substituting in lieu thereof a new section prescribing a new form of oath; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act requiring persons on the payroll of the State, its departments and agencies, county and city governments, school districts and boards of education to take a prescribed loyalty oath, approved February 23, 1949, contained in Georgia Laws 1949, pp. 960-962, is hereby amended by striking and repealing in its entirety Section 3 thereof which reads as follows: Section III. Be it further enacted by authority of the same that said oath, above described, shall be in the following form: Sec. 3, Act of 1949, amended.

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Section III. Be it further enacted by authority of the same that said oath, above described, shall be in the following form: Form of oath. Section II. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950. SUPERIOR COURT JUDGES' RETIREMENTAMENDMENT No. 698 (Senate Bill No. 178). An Act to amend an Act approved March 9, 1945, as amended (Georgia Laws 1945, pages 362-366; Georgia Laws 1946,

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pages 228-230) entitled An Act to provide for the creation of the office of judge of the superior court, emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation of incumbents; to create the superior court judges retirement fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes, so as to make further and additional provisions for the eligibility of persons for such office; and for 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 the Act approved March 9, 1945 Georgia Laws 1945, pages 362-366) as amended by the Act approved February 1, 1946 (Georgia Laws, pages 228-230), be and the same is hereby amended by inserting between the word years and the word or in the fifth line of said section the language or who shall have been in service for thirty (30) years as judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior court, so that said section as amended shall read as follows: Sec. 2. Act of 1945, amended. Section 2. Any judge of the superior court of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in service as a judge of the superior court of this State for twenty (20) years, or who shall have been in service for thirty (30) years as a judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior court, or who has already been in service for twenty (20) years as a judge of the superior court of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible for appointment to the office of judge of the superior courts, emeritus. Service requirements. Section 2. That Section 10 of said Act be and the same is hereby amended by adding thereto the following: Sec. 10 amended.

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Provided that any judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a judge of the superior court, emeritus, and who shall not have made any payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment shall be required to pay into the said fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said judge may be appointed as judge of the superior courts, emeritus, so that said section as amended shall read as follows: Section 10. All judges of the superior court shall be permitted to pay into said fund the amount of five per cent of the salaries paid to said judge by the State of Georgia and any of said judges who makes payment to this fund shall be eligible to retire from office as judge emeritus at a salary of two-thirds of the salary paid to said judge by the State of Georgia provided he meets the following two conditions: (a) He has reached the age of seventy years and (b) he has for a period of twenty years made payments to said fund at the rate herein specified. However, all judges who are over fifty years of age shall be eligible to retire when they have attained the age of seventy years at two-thirds the salary paid by the State to said judges, provided said judges have served for twenty years and shall have made payments to said fund at the rate therein specified until they reach the age of seventy years, said payments to commence from the effective date of this Act. Provided that any judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a judge of the superior courts, emeritus, and who shall not have made payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment shall be required to pay into said fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said judge may be appointed as judge of the superior courts, emeritus. Payments into fund. Section 3. That Section II of said Act as amended by the Act approved February 1, 1946 (Georgia Laws, 228-230) be and the same is hereby amended by inserting between the

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word courts and the word or in the fourth line of said section the language or who shall have been in service for thirty (30) years as a judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and that as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior court, so that said section as amended shall read as follows: Sec. 2 amended. Section II. All judges of the superior courts who have attained the age of seventy years and have served twenty years as a judge of the superior courts, or who shall have been in service for thirty (30) years as a judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and that as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior court, or who have already been in service for twenty (20) years as a judge of the superior courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible to retire at their pleasure and shall be eligible to receive two-thirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for superior court judges existing at the time of their retirement. Retirement after 30 years' service. Section 4. That section 12 of said Act as amended by the Act approved February 1, 1946, (Georgia Laws, 228-230) be and the same is hereby amended by inserting between the word years and the word or in the fourth line of said section the language or who shall have been in service for thirty (30) years as a judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior court, so that said section as amended shall read as follows: Sec. 12 amended. Section 12. No judge shall be eligible for benefits under this Act unless he shall have served twenty years as a superior court judge and shall have attained the age of seventy years, or who shall have been in service for thirty (30) years as a

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judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior court or unless he has already been in service for twenty (20) years as a judge of the superior courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service as such officer, regardless of age. In computing twenty years, the entire year in which a judge becomes seventy years of age shall be computed as a part of said twenty years. Retirement after 30 years' service. Section 5. Be it further enacted by the authority aforesaid that any person who has prior to the passage of this Act served continuously as judge of the superior court for a period of twenty-five years shall be eligible for appointment as a judge of the superior courts, emeritus, and shall be so appointed by the Governor upon his written application for such appointment and upon his appointment shall receive from the State of Georgia an annual salary equal to two-thirds of the salary provided by law to be paid by the State of Georgia to a judge of the superior court at the time of the appointment of such judge of the superior courts, emeritus. Such person shall not be required to make any payments into the superior court judges' retirement fund of Georgia. Retirement after 25 years' service. Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 16, 1950. AID TO THE BLIND No. 700 (House Bill No. 1076) An Act to amend an Act approved February 26, 1937, known as the Aid to the Blind Act, (Georgia Laws 1937, pp. 568 et seq.), by amending Section 12 of said Act to provide for the disposition of assistance check for the month in which the recipient dies: and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly of Georgia, approved February 27, 1937, known as the Aid to the Blind Act, (Georgia Laws 1937, pp. 568 et seq.), be and the same is hereby amended by amending the caption of Section 12 by striking out the period after the word assignable and substituting a semi-colon in place thereof, and inserting after the semi-colon the following: endorsement and payment of assistance check for month in which recipient dies, and by amending Section 12 by adding the following sentence at the end of said section: Where a recipient dies after the authorization of his assistance grant, but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the State Department of Public Welfare to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check, so that when Section 12 is amended the same shall read as follows: Sec. 12, Act of 1937, amended. Section 12. Assistance not assignable; endorsement and payment of assistnce check for the month in which recipient dies. Assistance granted under this Act shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this Act shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation or any bankruptcy or insolvency law. Where a recipient dies after authorization of his assistance grant, but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the State Department of Public Welfare to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check. Levy, attachment, etc. Disposition of assistance check for month in which recipient dies. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950.

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RING NECK PHEASANTS. No. 705 (House Bill No. 760). An Act to allow any person to commercially raise, grow, propagate, sell and purchase ring neck pheasants in the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act it shall be lawful for any person to commercially raise, grow, propagate, sell and purchase ring neck pheasants in the State of Georgia. Propagation, sale, etc., authorized. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved February 16, 1950. ADOPTION OF CHILDREN. No. 706 (Senate Bill No. 201). An Act to amend an Act approved March 27, 1941 (Georgia Laws 1941, page 300), known as Adoption Laws Revised, by adding to Section 3, Subsection 2 of the following: Where a decree has been entered by a superior court ordering the father to support the child and the father has failed to comply with the order for a period of twelve (12) months or longer, consent of said father shall not be required and the consent of the mother alone shall suffice; 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: That an Act approved March 27, 1941 (Georgia Laws 1941, page 300) entitled, An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to

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provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes, is hereby amended by adding to Section 3, Subsection 2 the following: Where a decree has been entered by a superior court ordering the father to support the child and the father has failed to comply with the order for a period of twelve (12) months or longer, consent of said father shall not be required and the consent of the mother alone shall suffice. so that said Section 3, Subsection 2, as amended, shall read as follows: Sec. 3, Act of 1941, amended. 2. Consent of the parents shall not be required where a child has been abandoned by its parents, or where the parents of the child cannot be found, after a diligent search has been made, or where a parent is insane or otherwise incapacitated from giving such consent, and the court is of the opinion that the adoption is for the best interest of the child, or where the parents have surrendered all of their rights to said child to a licensed child-placing agency, or court of competent jurisdiction for adoption, or to the State Department of Public Welfare through its designated agents, or in the case of parents whose parental rights have been terminated by order of a juvenile or other court of competent jurisdiction, or where both parents are dead. Where a decree has been entered by a superior court ordering the father to support the child and the father has wantonly and wilfully failed to comply with the order for a period of twelve months or longer, consent of said father shall not be required and the consent of the mother alone shall suffice. Where consent of parents not required. 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 February 16, 1950. CORPORATIONSSTOCK CERTIFICATES. No. 707 (House Bill No. 360). An Act to amend an Act approved January 28, 1938, amending, revising and perfecting the corporation laws of the State, by

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authorizing the execution of stock certificates issued by corporations organized under said Act by the facsimile signatures of the officers designated by the corporation for that purpose, sealing of the same by a facsimile of the seal of the corporation and for authentication of certificates so executed, 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 January 28, 1938, entitled An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal Section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935 (Georgia Laws 1935, pages 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes, be and the same is hereby amended by striking Section 15 thereof, which reads as follows: Section 15. Every stockholder shall be entitled upon paying for stock subscribed for him or bought by him, to have a certificate signed by officers or agents designated by the corporation for the purpose certifying the number of shares owned by him in such corporation and that the same is fully paid and non-assessable, and inserting in lieu of the language so stricken a new Section 15, as follows: Sec. 15, former Acts, amended. Section 15. Every stockholder shall be entitled, upon paying for stock subscribed for him or bought by him, to receive a certificate certifying the number of shares owned by him in such corporation and that the same is fully paid and non-assessable, which such certificate shall be executed in such manner as may be provided by the bylaws of the corporation. Whenever the bylaws provide that such certificate must be signed by a designated transfer agent or other agent of the corporation the corporation may authorize the same to be signed with the facsimile signatures of the officers authorized to execute such stock sertificate and to be sealed with a facsimile of the seal of the corporation. In case any officer or officers who shall have signed, or whose facsimile signature shall have been placed upon, any such certificate, shall cease to be an officer, whether because of death, resignation or otherwise, before such certificate is delivered by the corporation, such certificate may

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nevertheless be issued and delivered by the corporation with the same effect as if such officer or officers had not ceased to be an officer. Stock certificates. Signature and seal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1950. HARD LABOR CREEK STATE PARKEASEMENTS TO BOARD OF REGENTS AUTHORIZED. No. 708 (House Bill No. 961). An Act to provide for the granting by the Director of the State Parks Department to the Board of Regents for the use of the Department of Forestry at the University of Georgia of permanent easements for the use and improvement of certain property in the Hard Labor Creek State Park located in Morgan and Walton Counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the Director of the State Parks Department is hereby authorized and empowered to grant permanent easements for the use and improvement of certain property in the Hard Labor Creek State Park located in Morgan and Walton Counties, to the Board of Regents for the use of the Department of Forestry at the University of Georgia. The said director shall, after a careful study, exercise his discretion as to the particular property which shall be the subject of such easements. Easements to Board of Regents authorized. Section 2. The Director of the State Parks Department is hereby further authorized and empowered to place in such easements such restrictions and conditions of use as are necessary to preserve and protect the beauty and standards of State parks. Restrictions and conditions.

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Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950. SOIL CONSERVATIONELECTION OF DISTRICT SUPERVISORS. No. 710 (House Bill No. 1040). An Act to amend the Act known as the Soil Conservation Districts Law, approved March 26, 1937 (Ga. Laws 1937, page 377), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, page 190), and as amended by an Act approved February 15, 1949 (Ga. Laws 1949, page 584), so as to provide that the district supervisor from a county shall be voted on and elected only by the people of his county, to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act known as the Soil Conservation Districts Law, approved March 26, 1937 (Ga. Laws 1937, page 377), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, page 190), and as further amended by an Act approved February 15, 1949 (Ga. Laws 1949, page 584), which Act relates to State soil conservation, is hereby amended by striking in its entirety Section 6, which section relates to the election of supervisors for soil conservation districts, and substituting in lieu thereof a new Section 6, which shall read as follows: Sec. 6, former Acts amended. Section 6. Within thirty (30) days after the date of issuance by the Secretary of State of a certificate of organization of a soil conservation district, nominating petitions may be filed with the State Soil Conservation Committee to nominate candidates for supervisors of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petitions shall be accepted by the committee unless it shall be subscribed by twenty-five (25) or more qualified electors of the county in

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which such nominee resides. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for supervisor. The committee shall be required to give due notice of an election only in the particular county in which an election is to be held, and the ballot for each county shall contain only the names of the nominees from that county. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated shall appear arranged in the alphabetical order of the surnames upon ballots, with a square before each name and a direction to insert an x-mark in the square before the name of the person for whom the elector shall desire to vote. The electors of each county shall be eligible to vote only for the nominees of their particular county, and the nominee receiving the highest number of votes shall be declared duly elected district supervisor from that county. The committee shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof. Election of district supervisors. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950. STATE'S PROPERTY IN CHATTANOOGA, TENNESSEELEASE. No. 713 (House Bill No. 813). An Act to amend an Act approved March 28, 1935, (codified as Title 91, Public Property, Part I, State Property, Chapter 91-1, Section 91-111, authority of Commission to lease, etc.; 10-year limit) by striking the word ten wherever it occurs in said section and by substituting in lieu thereof the word ninety nine. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same.

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Section 1. That Section 91-111 of the Code of Georgia of 1933 be amended by striking the word ten wherever it occurs in said section, and by substituting in lieu thereof the word ninety nine, so that said section as amended will read as follows: Code 91-111 amended. 91-111. Authority of Commission to lease, etc.; 99-year limit.The Commission shall have authority to negotiate for and enter upon a lease contract or contracts for the use of said property, and if in their discretion no advantageous lease can be made, to rent said property from month to month or year to year, so as to derive the highest possible income therefrom for the State: Provided, however, no lease to said property for more than ninety nine years shall be made. Lease; 99-year limit. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1950. WESTERN JUDICIAL CIRCUITOFFICE EXPENSES. No. 714 (House Bill No. 912). An Act to supplement the salary of the Judge of the Superior Courts of the Western Circuit so as to allow expenses for clerical hire, office and library expense. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The board of county commissioners of roads and revenues or other authorities having control of expenditures of county funds of the Counties of Clarke, and Oconee are hereby required to supplement the salary of the Judge of the Superior Courts of the Western Circuit in order that the expenses of his office will be paid including clerical help, office and library expense in the following amounts: Clarke County will pay the sum of $850.00 per annum and Oconee County will pay the sum of $300.00 per annum; said sum to be paid in addition to any salary supplement now being paid. Judge's salary supplemented to cover expenses.

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Section 2. Be it further enacted that it shall be the duty of the county commissioners, or other authorities having control of county matters to make provisions when levying taxes for the expense of the courts for the levying and collecting of sufficient taxes in their respective counties for the purpose of paying the proportion of said salary chargeable against the respective counties as herein set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Taxation to cover. Section 3. Aforesaid amount chargeable against each county shall be paid in equal monthly installments from the county treasuries of the respective counties on the last day of each month. Section 4. This Act shall become effective on the first day of the next month following enactment into law. Georgia, Oconee County. Before me, an officer authorized by law to administer oaths, personally appeared Mrs. Maggie Johnson, who on oath states she is the publisher of the Oconee Enterprise; that the said The Oconee Enterprise is the official gazette of Oconee County in which the sheriff's advertisements for Oconee County are published; that the notice hereto attached was published in the Oconee Enterprise on the following dates: January 6, 1950, January 13, 1950, January 20, 1950. /s/ (Mrs.) Maggie Johnson, Publisher The Oconee Enterprise. Sworn to and subscribed before me this 20 day of January 1950. /s/ Bessie H. O'Dillon (seal) Clerk Superior Court Oconee County, Georgia. Notice Notice is hereby given that a bill will be introduced in the General Assembly to supplement the salary of the Judge of the Superior Courts of the Western Circuit so as to allow expenses for clerical hire, office and library expenses.

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Georgia, Walton County. Personally appeared before me, an officer authorized to administer oaths, appeared Ernest Camp, who on oath says he is the publisher of the Walton Tribune; that the said the Walton Tribune is the official gazette of Walton County in which the sheriff's advertisements for Walton County are published; that the notice hereto attached was published in the Walton Tribune on the following dates: January 6, 1950, January 13, 1950, January 20, 1950. /s/ Ernest Camp Publisher The Walton Tribune Sworn to and subscribed before me this 21 day of January 1950. /s/ Mrs. Lenira E. Camp, N. P. (seal) Notary Public. Notice. Notice is hereby given that a bill will be introduced in the General Assembly to supplement the salary of the Judge of the Superior Courts of the Western Circuit so as to allow expenses for clerical hire, office and library expenses. (Jan. 6-13-20) Georgia, Clarke County. Before me, an officer authorized by law to administer oaths, personally appeared E. B. Braswell, who on oath states he is the publisher of the Athens Banner-Herald; that the Friday issue of each week of the Athens Banner-Herald is the official gazette of Clarke County in which the sheriff's advertisements for Clarke County are published; that the attached notice was published in the Athens Banner-Herald in its issues as follows: December 30, 1949, January 6, 1949, January 13, 1949. /s/ E. B. Braswell Publisher The Athens Banner-Herald Sworn to and subscribed before me thisday of January 1950. /s/ John B. Davis (seal) Notary Public Clarke Co., Ga.

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Notice. Notice is hereby given that a bill will be introduced in the General Assembly to supplement the salary of the Judge of the Superior Courts of the Western Circuit so as to allow expenses for clerical hire, office and library expenses. D 30, J 6-13p Approved February 16, 1950. CORONER'S FEES AND COMPENSATION IN CERTAIN COUNTIES. Code 21-105 amended. No. 715 (House Bill No. 489). An Act to amend the Code of Georgia of 1933, Section 21-105 pertaining to coroners' fees to provide for the payment of an annual salary in lieu of such fees in counties of this State having a population of 300,000 or more according to the present or any future United States census, so as to increase the salary of the coroner in such counties and to provide that the salary of the coroner in such counties shall be not less than $5,000.00 per year and not more than $7,000.00 per year, payable in equal monthly installments; to authorize the payment of certain expenses incidental to the office of the coroner in such counties out of county funds; and for other purposes: Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same that from and after the passage of this Act: Section 1. Section 21-105 of the Code of Georgia of 1933, pertaining to coroners' fees is hereby amended by adding the following language thereto: Provided, however that in any county of this State having a population of 300,000 or more according to the present or any future United States census, the coroner shall be paid an annual salary of not less than $5,000.00 per year and not more than $7,000.00 per year which shall be paid in equal monthly installments and which shall be in lieu of any and all fees or emoluments allowed to such officer. Provided, further, that in all such counties the governing

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authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office, so that said Section 21-105 as amended shall read: Code 21-105 amended. Coroners' fees shall be as follows, to wit: Summoning an inquest on a dead body and returning an inquisition $ 10.00 Furnishing coffin and burial expenses $ 15.00 New section. When performing the duties of a sheriff, his fees are the same as a sheriff's. No coroner shall receive out of the county treasury more than $1,500.00 per annum, either as fees for holding inquests or for burying dead bodies. Provided however, that in any county of this State having a population of 300,000 or more according to the present or any future United States census, the coroner shall be paid an annual salary of not less than $5,000.00 per year and not more than $7,000.00 per year which shall be paid in equal monthly installments and which shall be in lieu of any and all fees or emoluments allowed to such officer. Salary in certain counties. Provided, further, that in all such counties the governing authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 16, 1950. CORPORATIONSINCOME TAXES. Code 92-3113 Amended. No. 717 (House Bill No. 1033). An Act to amend Chapter 92-31 of the Code of Georgia of 1933 relating to income taxes and the imposition, rate and computation

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of such income taxes, by striking and repealing Section 92-3113 thereof, as said section has heretofore been amended, and enacting in lieu thereof a new Section 92-3113, providing what shall constitute doing business in this State, and for the taxation and allocation and apportionment of incomes of corporations doing business or owning property in this State; to prescribe the effect of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 92-31 of the Code of Georgia of 1933 be and the same is hereby amended by striking therefrom all of Section 92-3113 as the same was amended by the Act approved March 26, 1935, (Ga. Laws 1935, p. 127) and by the Act approved March 30, 1937, (Ga. Laws 1937, p. 109); and by the Act approved March 18, 1941, (Ga. Laws 1941, p. 210), and inserting in lieu thereof a new Section 92-3113, as follows: Code 92-3113 amended. 92-3113. Corporations, allocation and apportionment of Income .The tax imposed by this law shall apply to the entire net income as herein defined, received by every corporation, foreign or domestic, owning property or doing business in this State. Every such corporation shall be deemed to be doing business within this State if it engages within this State in any activities or transactions for the purpose of financial profit or gain, whether or not such corporation qualifies to do business in this State, and whether or not it maintains an office or place of doing business within this State, and whether or not any such activity or transaction is connected with interstate or foreign commerce. Corporations; allocation and apportionment of income. If the entire business income of the corporation is derived from property owned or business done in this State, the tax shall be imposed on the entire business income, but if the business income of the corporation is derived in part from property owned or business done in the State and in part from property owned or business done without the State, the tax shall be imposed only on that portion of the business income which is reasonably attributable to the property owned and business done within the State, to be determined as follows:

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(1) Interest received on bonds held for investment and income received from other intangible property held for investment are not subject to apportionment. Rentals received from real estate held purely for investment purposes and not used in the operation of the business are also not subject to apportionment. All expenses connected with the interest and rentals realized from such investments are likewise not subject to apportionment but must be applied against the investment income. The net investment income from intangible property shall be allocated to Georgia if the situs of the corporation is in Georgia or the intangible property was acquired as income from property held in Georgia, or as a result of business done in Georgia. The net investment income from tangible property located in Georgia shall be allocated to Georgia. (2) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade or business of the corporation nor for sale in the regular course of business shall be allocated to the State if the property sold is real or tangible personal property situated in the State, or intangible property having an actual situs or a business situs within the State. Otherwise such gains shall be allocated outside the State. (3) Net income of the above classes having been separately allocated and deducted, the remainder of the net business income shall be apportioned as follows: Where income is derived principally from the holding and/or sale of intangible property, having a taxable situs in this State, the tax should be imposed on the entire business income; if a portion of such intangible property has a taxable situs without the State, the portion of the income derived from the holding and/or sale of such property attributable to this State shall be taken to be such percentage as the gross receipts from such intangible property in this State for the taxable year bear to the total gross receipts from such sources: Provided, that the taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in Georgia, shall be deemed to be in the State of Georgia, not-withstanding any domicile of any such corporation established elsewhere. (4) Where income is derived from the manufacture, production, or sale of tangible personal property, the portion of the

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net income therefrom attributable to property owned or business done within this State shall be taken to be the portion arrived at by application of the following: Three Factor Ration: (a) Average inventory ratio. The ratio of the average of the monthly inventories of all products held in this State for sale, lease or other distribution or use in connection with the trade or business of the taxpayer during the taxable year to the average of the total monthly inventories of all products held everywhere for sale, lease or other distribution in connection with the trade or business of the taxpayer. The term `products' shall include goods, wares and merchandise of every character and kind, whether owned by the taxpayer or held on consignment or otherwise, but shall not include unrecovered or unextracted natural resources, raw materials, or goods in process of manufacture. Average inventory ratio. If the taxpayer shall fail to keep its records so as to disclose the information necessary to apply the foregoing ratio, the Commissioner shall determine the same from such information as may be available. (b) Salaries and wages ratio. The ratio of all salaries, wages, commissions, and other compensation paid or incurred by the taxpayer in this State for services performed in connection with the trade or business of the taxpayer during the taxable year to the total salaries, wages, commissions, and other compensation paid or incurred by the taxpayer in connection with its entire trade or business, wherever conducted, during the taxable year. For the purposes of this section, all salaries, wages, commissions and other compensation paid to residents of Georgia shall be deemed to have been paid or incurred in this State, irrespective of the place of actual payment. Salaries and wages ratio. (c) Gross receipts ratio. The ratio of gross receipts from business done within this State to total gross receipts from business done everywhere. For the purposes of this section receipts shall be deemed to have been derived from business done within this State only if received from products shipped to customers in this State, or delivered within this State to customers, and in determining the gross receipts within Georgia, receipts from sales negotiated or effected through offices of the taxpayer outside the State and delivered from storage in the

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State to customers outside the State shall be excluded. Gross receipts ratio. (d) The average inventory ratio, the salaries and wages ratio, and the gross receipts ratio shall be separately determined and the three percentages averaged, and the net income of the corporation allocated and apportioned to Georgia according to such average. (e) For the purposes of this section, the word `sale' shall include exchange, and the word `manufacture' shall include the extraction and recovery of natural resources and all processes of fabricating and curing. (5) Where income is derived from business other than the manufacture, production or sale of tangible personal property, or from the holding or sale of intangible property, the net income shall be equitably apportioned within and without the State under rules and regulations of the State Revenue Commissioner, in the ratio that the business within the State is to the total business of the corporation. (6) The net income of a domestic or foreign corporation which is a subsidiary of another corporation or closely affiliated therewith by stock ownership shall be determined by eliminating all payments to the parent corporation or affiliated corporation in excess of fair value, and by including fair compensation to such domestic business corporation for its commodities sold to or services performed for the parent corporation or affiliated corporation. For the purposes of determining such net income the Commissioner may equitably determine such net income by reasonable rules of apportionment of the combined income of the subsidiary, its parent and affiliates or any thereof. Section 2. The provisions of Section 92-3113 of the Code of Georgia, as amended by this Act, shall apply to all corporation income tax returns made for the calendar year 1949, and any fiscal year ending after January 1, 1950. Effective date. Section 3. Nothing contained in this Act shall be construed to repeal or modify Section 92-3114 or Section 92-3115 of the Code of Georgia of 1933. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1950.

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STONE MOUNTAIN CIRCUITADDITIONAL JUDGE. No. 718 (House Bill No. 1048). An Act to carry into effect Paragraph One, Section Three, Article Six of the Constitution of 1945 of this State, to add one additional Judge of the Superior Court for the Stone Mountain Circuit; to regulate the manner in which the judges of the Stone Mountain Circuit shall dispose of business thereof; to fix a time at which the term of said additional judge shall begin; to provide for his election and for his compensation; to provide courtroom and chamber space; to provide for secretarial help; 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 an additional Judge of the Superior Court for the Stone Mountain Circuit for a term of office commencing on the first day of January, 1951 and continuing until his successor shall have been duly elected and qualified in the manner now provided by law for the election for judges of the superior court. Additional judge. Section 2. Be it further enacted by authority aforesaid that the first such additional Judge of the Superior Courts of the Stone Mountain Circuit shall be elected in the manner now provided by law for the election of judges for the superior courts of this State at the general election for members of the General Assembly to be held on Tuesday after the first Monday in November 1950 for a term of four years beginning on the first day 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 this State. Election and term. Section 3. Be it further enacted by 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 shall be the same, and the manner of payment shall be the same as that of the present Judge of the Superior Courts of Stone Mountain Circuit. Qualifications and compensation.

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Section 4. Be it further enacted by authority aforesaid, that said additional judge of the Superior Courts of said Stone Mountain Circuit shall have all the powers, jurisdiction, duties, and dignity of the present judge of superior courts of this State. Powers, jurisdiction, etc. Section 5. Be it further enacted by authority aforesaid, that all writs, processes, orders and subpoenas issuing out of the Superior Court of the Stone Mountain Circuit may bear teste in the name of either of the Judges of the said Stone Mountain Circuit and when issued by or in the name of either judge of said circuit shall be as valid and binding as if there were only one judge of the superior courts and they had been issued by him or had born teste in his name. Writs, orders, etc. Section 6. Be it further enacted by authority aforesaid, that the drawing and empanelling of all jurors, whether grand, petit, or special may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges in the same or separate counties, or before each of them at the same time. Drawing juries. Section 7. Be it further enacted by authority aforesaid, that all writs and processes in the Superior Courts of Stone Mountain Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges co-equal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Judges co-equal. Section 8. Be it further enacted by authority aforesaid, that all functions provided by law or permitted by law to be done or performed by the judges of the superior courts of this State, whether in their own or in other circuits, or whether sitting in appellate courts as provided by law, may be done or performed by either of the judges of said Stone Mountain Circuit.

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Section 9. Be it further enacted by the authority aforesaid, that the said Judges of the Superior Courts of the Stone Mountain 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. They may assign the hearing of trials by the jury for a term to one of said judges and the hearing of all other matters not requiring a trial by jury to the other judge, and they may alternate such order of business at the next term. They may both conduct trials at the same time in the same or separate counties, or they may both hear chambers business and motion business at the same time in the same or separate counties. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts 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 courts, and making appointments as authorized by law where the judges thereof can not agree, or shall differ, the opinion or order of the judge senior in the term of service as superior court judge shall control; provided, however, that in the event that both of said judges were elected at the same time and neither of said judges be senior in term of service, the judge receiving the greater number of votes in the election shall be deemed the senior judge. Division of business. Senior judge. Section 10. Be it further enacted by authority aforesaid, that the county authorities of said counties comprising said Stone Mountain Judicial Circuit, are hereby fully authorized and empowered to provide a suitable courtroom, jury rooms and chambers for the present judge and for the said additional judge, and upon the recommendation of both judges the same shall be provided. Courtroom, chambers, etc. Section 11. Be it further enacted by the authority aforesaid, that each of said Judges of the Stone Mountain Circuit shall be authorized and empowered to employ a secretary, at a salary not to exceed the sum of $225.00 per month, which said salary shall be paid monthly from the general funds of the counties comprising the Stone Mountain Circuit in the proportion that

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the population of each county bears to the total population of the said Stone Mountain Circuit as determined by the latest United States census. Secretaries. Section 12. Be it further enacted by authority of aforesaid, that the Judges of the Stone Mountain Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding the remuneration of the present court reporter of the Stone Mountain Circuit. Reporters. Section 13. Be it further enacted by authority aforesaid, 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 and invalid, and shall not effect any other section, clause or part of this Act. If part invalid. Section 14. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 16, 1950. DEPENDENT CHILDREN ACTAMENDMENT. No. 720 (House Bill No. 844). An Act to amend an Act known as the Aid to Dependent Children Act, approved February 26, 1937 (Ga. Laws 1937, page 630), by amending Section 1 of said Act so as to amend the definition of the term Dependent Child; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act entitled, An Act to promote the public welfare by providing aid to dependent children; to define the terms used herein; to define the eligibility for assistance

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to dependent children and the amount of assistance to be disbursed; to define the duties of the State Department of Public Welfare with reference to administering this Act; and the duties of the county departments herein; to provide regulations with reference to applications; investigations of applications; granting of assistance by county departments, and appeal to the State Department from any ruling of the county departments; to provide for periodic reconsideration and changes in amount of assistance; to provide regulations with reference to the removal of any beneficiary hereunder from one county to another; to provide for financial procedures and to authorize the General Assembly and counties to appropriate the necessary revenues for administering the Act and paying the benefits provided for herein; to provide for limitations of the Act; a short title therefor; the effective date; the repeal of the existing laws in conflict herewith; for separability clause, and for other purposes, approved February 26, 1937 (Ga. Laws 1937, page 630) is hereby amended by striking from Paragraph 3 of Section 1 the last sentence thereof and substituting in lieu thereof the following: Provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified above due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency. so that said Paragraph 3 of Section 1 when so amended shall read as follows: Par. 3, Sec. 1, Act of 1937, amended. Dependent Child, means a needy child under the age of 16, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives are not able to provide adequate care and support of such child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence maintained by one or more of such relatives as his or their own home. Provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified above due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency. Dependent child.

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Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 16, 1950. APPELLATE COURT REPORTERSCOMPENSATION. No. 726 (House Bill No. 478). An Act to fix the compensation of the Reporter and the Assistant Reporter of the Supreme Court and Court of Appeals. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, the Reporter and the Assistant Reporter of the Supreme Court and the Court of Appeals shall each receive a salary of $5,000.00 per annum, payable in equal monthly installments, by the State Treasurer, one-half from the appropriations for the operation of the Supreme Court and one-half from the appropriations for the operation of the Court of Appeals. They shall not otherwise be compensated for services rendered to the Supreme Court or the Court of Appeals. Salary of Reporter and of Assistant Reporter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950. WIDOWS OF CONFEDERATE VETERANSPENSIONS. Code 78-204 amended. No. 727 (House Bill No. 485). An Act to amend an Act approved December 21, 1938, (Ga. L. 1938, pp. 304-305) the same being entitled Widows of VeteransSection 78-204 by providing for pensions to be paid to widows who were married prior to the first day of January, 1925, rather than January 1, 1920; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That an Act approved December 21, 1938, (Ga. L. 1938, pp. 304-305) the same being entitled Widows of VeteransSection 78-204 be amended by re-writing the last sentence of Section 1 thereof so as to make the same apply to widows who were married prior to the first day of January, 1925, so that said Section 1 as amended shall read as follows: Code 78-204 amended. Section 78-204. Every widow who by proper proof shows that she is a bona fide resident citizen of this State, and that she is the widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under a Georgia command, or in the organized militia of the State of the State of Georgia, during the Civil War, who died in said service or was honorably discharged therefrom, shall be entitled to receive a pension in accordance with the provisions of Section 78-216: Provided, that this section shall apply only to such widows as were married to such husbands prior to the first day of January, 1925, and who are unmarried. Pension to widow. Section 2. To repeal all laws or parts of laws in conflict herewith. Approved February 17, 1950. TRUSTS. No. 728 (House Bill No. 674). An Act to provide that a trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries be sui juris and whether or not any remainder interest be created, so long as the trustee has any powers or duties in regard to the trust property such as to preserve or protect, to manage, to invest or reinvest, to collect income or proceeds, to sell or otherwise dispose of, to ascertain the objects or the beneficiaries, or to distribute income

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or principal; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: And it is hereby enacted by the authority of same, that: Section 1. A trust shall be executory, and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries be sui juris and whether or not any remainder interest be created, so long as the trustee has any powers or duties in regard to the trust property such as to preserve or protect, to manage, to invest or reinvest, to collect income or proceeds, to sell or otherwise dispose of, to ascertain the objects or the beneficiaries, or to distribute income or principal. Trust executory. Legal estate remaining in trustee, when. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950. TELEPHONE SYSTEMSCERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. No. 729 (House Bill No. 745). An Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission so as to authorize said Commission to issue certificates of public convenience and necessity to telephone corporations, companies, or persons, firms or associations owning, leasing, or operating a telephone service or telephone line in this State and to cooperative, nonprofit, membership corporations, or limited dividend or mutual associations as defined in the Act; to provide the procedure therefor; to prescribe penalties for violations; and for 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. No person shall construct or operate any line,

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plant or system, or any extension thereof, or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity require, or will require, such construction, operation or acquisition; provided, that this Act shall not be construed to require any such person to secure a certificate for an extension within any municipality within which such person has heretofore lawfully commenced operations, or for an extension within or to territory already served by such person, necessary in the ordinary course of business, or for substitute facilities within or to any municipality or territory already served by such person, or for an extension into territory contiguous to that already occupied by such person and not receiving similar service from another such person if no certificate of convenience and necessity has been issued to or applied for by any other person. Certificate of public convenience and necessity. Section 2. If any person in constructing or extending its line, plant, or system unreasonably interferes or is about unreasonably to interfere with any line, plant, system or service of any other person, the Public Service Commission on its own initiative or on complaint of any person claiming to be injuriously affected, may, after hearing, on reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable. Interference with existing facilities. Section 3. The application for any such certificate of convenience and necessity provided for in Section 1 of this Act shall be under such rules and regulations as the Public Service Commission may, from time to time, prescribe. Upon the receipt of any such application for such certificate, the Commission shall cause notice thereof to be given by mail or personal service to the chief executive officer of the municipality or municipalities affected, if any, and to any person occupying the territory affected, and shall publish such notice once a week for three consecutive weeks in some newspaper of general circulation in each territory affected. Application for certificate. Notice. Section 4. The Public Service Commission shall have power, after hearing, to issue said certificate of convenience and necessity,

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as prayed for, or to refuse to issue the same, or to issue it for the construction, operation, or acquisition of a portion only of the contemplated line, plant or system or extension thereof. Powers of Commission to issue or refuse. Section 5. Any person engaged in the construction or operation of any line, plant, or system, or any extension thereof, as of the effective date of this Act shall be entitled to receive a certificate of convenience and necessity from the Public Service Commission authorizing such person to continue the construction or operation of such line, plant or system, or any extension thereof, in the territory being served by such person on the effective date of this Act if within 12 months from the effective date hereof such person files maps with the Commission showing the territory being served by such person. If more than one person files maps indicating service in the same territory, the Commission shall, after hearing, on reasonable notice to the interested parties, determine from such evidence as it may reasonably require which of such persons shall be entitled to the certificate of convenience and necessity. In making such determination, the Commission shall consider the ability of such persons to furnish thereafter reasonably adequate service in the territory in question. Pending the granting of a certificate as provided in this Section 5, any such person may lawfully continue the construction or operation of any line, plant or system, or any extension thereof, in the territory being served by such person on the effective date of this Act. Systems at present in operation or under construction. More than one applicant in same territory. Section 6. Whenever any person is engaged or is about to engage in the construction, operation or acquisition of any line, plant or system without having secured a certificate of convenience and necessity as required by the provisions of this Act, any interested person may file a complaint with the Public Service Commission. The Commission may, with or without notice, make its order requiring the person complained of to cease and desist from such construction, operation or acquisition until the Commission makes and files its decision on said complaint or until the further order of the Commission. The Commission may after hearing, after reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable. Complaint of operation without certificate.

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Section 7. The provisions of Sections 93-416 and 93-9901 of the Code of Georgia of 1933, as now or hereafter amended, shall be applicable to any and all violations by any person of any of the provisions of this Act. Violations. Section 8. The term person, when used in this Act, includes (1) any telephone corporation, company, or person, firm or association owning, leasing, or operating a public telephone service or telephone line in this State, and (2) any cooperative, nonprofit, membership corporation, or limited dividend or mutual association, now or hereafter created, with respect to that part or portion of its operations devoted to the furnishing of telephone service within this State. Person as used in Act. Section 9. This Act shall become effective immediately upon its passage and approval by the Governor and upon its otherwise becoming a law. Effective date. Section 10. All laws and parts of laws in conflict with any provision of this Act are hereby repealed. Approved February 17, 1950. ASSISTANCE TO AGED, BLIND, DEPENDENT CHILDRENCOUNTY PAYMENTSAMENDMENT. No. 730 (House Bill No. 845). An Act to amend an Act to provide for more efficient administration of the public welfare laws of this State; to limit the participation by the counties in the expense of administering such law and paying the benefits provided for thereby; to provide for the immediate investigation and certification of all persons eligible to receive old age assistance; to authorize and provide for the suspension and removal of members of the county boards of public welfare, the county directors of public welfare and employees and officials of the State Department of Public Welfare and for other purposes, approved March 27, 1941, (Georgia Laws 1941, pages 485 and 486), by striking Section 1, and substituting in lieu

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thereof another Section 1, to limit the participation by the counties in the expense of administering such laws and paying the benefits provided for thereby; to authorize and require the State Treasurer to retain the sum necessary for payment out of State funds distributable to such county for any purpose except education, where such county shall fail or neglect during any month to pay to the county welfare department, for old age assistance, aid to the blind, and aid to dependent children the sum of money which such county under the provisions of this Act is required to pay, and to provide for the payment into the old age assistance fund and the funds for the aid to the blind and aid to dependent children the money withheld; to provide that if for any reason any part of this Act is held illegal or unconstitutional said decision shall not affect the validity of the remaining portion of this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act approved March 27, 1941 (Georgia Laws 1941, pages 485 and 486) be and the same is hereby amended by striking therefrom Section 1, and inserting in lieu thereof a new section to be numbered 1 and to read as follows: Sec. 1, Act of 1941, amended. Section 1. That from and after the passage and approval of this Act, the various counties of the State shall contribute five per cent of the total costs of administration and four per cent of the total costs of all benefits payable under the Act approved February 26, 1937, known as the Old Age Assistance Act, the Act approved February 26, 1937, known as the Aid to the Blind Act, and the Act approved February 26, 1937, known as the Aid to Dependent Children Act, the remaining ninety-five per cent of such administrative expenses and the remaining ninety-six per cent of the total costs of all benefits payable under said Acts shall be payable by the State Department of Public Welfare and Social Security Board. The Governor is hereby authorized by executive order to enforce this section. In the event any county shall fail or neglect, during any month, to pay to the county welfare department for old age assistance, aid to the blind and aid to dependent children, the sum of money which such county, under the provisions of

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this Act, is required to pay, then the State Treasurer is hereby authorized and required to retain the sum necessary for such payment out of any State funds distributable to such county for any purpose except education. No statutory requirement that any distributable fund shall be used exclusively for a designated purpose shall be construed as preventing the State Treasurer from taking out of such fund the amount which any county owes under this Act. It is the intent of this provision to authorize and require a set-off against any claim which any county may have upon the State Treasury of such amount as the county may owe to the special fund for old age assistance, aid to the blind and aid to dependent children, and to provide for the payment into said funds of such amount thus set off. Amounts to be contributed by counties. By the State. When funds may be withheld by State Treasurer. Section 2. If any part, sentence, subdivision or clause of this Act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Act. If part invalid. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950. OLD AGE ASSISTANCE. No. 731 (House Bill No. 846). An Act to amend an Act approved February 26, 1937, known as the Old Age Assistance Act, (Georgia Laws 1937, pp. 311), by amending Section 11 of said Act to provide for the disposition of assistance check for the month in which the recipient dies; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act of the General Assembly of Georgia, approved February 26, 1937, known as the Old Age Assistance

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Act, (Georgia Laws 1937, pp. 311 et seq.), be and the same is hereby amended by amending the caption of Section 11 by striking out the period after the word assignable and substituting a semicolon in place thereof, and inserting after the semicolon the following: endorsement and payment of assistance check for month in which recipient dies, and by amending Section 11 by adding the following sentence at the end of said section: Where a recipient dies after authorization of his assistance grant, but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the State Department of Public Welfare to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check, so that when Section 11 is amended, the same shall read as follows: Sec. 11, Act of 1937. amended. Section 11. Assistance not assignable; endorsement and payment of assistance check for the month in which recipient dies. Assistance granted under this Act shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this Act shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Where a recipient dies after authorization of his assistance grant, but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the State Department of Public Welfare to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check. Disposition of assistance check for month in which recipient dies. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1950.

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FUNDS ARISING UNDER FEDERAL FLOOD CONTROL ACTPAYMENT TO COUNTIES. No. 732 (House Bill No. 923). An Act to authorize and direct the State Treasurer to pay to the Counties of Columbia and Lincoln, and such other counties as may hereafter become entitled, certain funds due same, or hereafter may become due them, paid or hereafter to be paid into the treasury of this State by the treasury of the United States of America, arising from the Flood Control Act, as set forth in the United States Annotated Code, Title 33, Section 701C, and amendments thereto; one-half of said funds allocated to said several counties to be paid to the county school superintendent of the county, to be used for the benefit of the public schools, and one-half of said funds allocated to said several counties to be paid to the fiscal authority of the county, to be used for the benefit of the public roads thereof; to provide that the Governor draw his warrants for such purposes, and the Comptroller-General approve and countersign same; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Whereas, Congress of the United States under the Flood Control Act, as set forth in the United States Annotated Code, Title 33, Section 701C, and amendments thereto, provides that: 75 per centum of all moneys received and deposited in the treasury of the United States during any fiscal year on account of the leasing of lands acquired by the United States for flood-control purposes shall be paid at the end of such year by the Secretary of the Treasury to the State in which such property is situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county, or counties, in which such property is situated: Provided, that when such property is situated in more than one State or county, the distributive share to each from the proceeds of such property shall be proportional to its area therein., and Monies arising from lease of lands for flood control.

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Whereas, under the provisions of said named Act of Congress there has been paid into the treasury of this State by the treasury of the United States the sum of nine hundred, twenty-four dollars ($924.00) arising from the provisions of the Flood Control Act, as set forth in the United States Annotated Code, Title 33, Section 701C, and allotments or disbursements of the same, as furnished the Treasurer of this State by the treasury of the United States, is as follows, to wit: Columbia County, one hundred, seventy-four dollars and thirty-eight ($174.38); Lincoln County, seven hundred, forty-nine dollars and sixty-two cents ($749.62); fifty per centum of said named sum due each of said counties named to be paid same to be used for the benefit of the public schools and fifty per centum to be used for the public roads therein; and Whereas, under and by the provisions of said named Acts of Congress, and arising from the operation of the same, other monies may arise and be paid into the treasury of this State by said treasury of the United States, as provided by said Acts of Congress, as hereinbefore named, and to be disbursed to the said counties under the provisions of the said named Acts; therefore Section 2. That there is hereby appropriated to the following counties of this State the funds or monies now in the treasury of this State, designated and named hereinabove, and due said counties under the provisions of the said named Acts of Congress, paid into the treasury of this State by the treasury of the United States, and allotted by the treasury of the United States, as hereinbefore referred to, to wit: Columbia County, one hundred, seventy-four dollars and thirty-eight cents ($174.38); Lincoln County, seven hundred, forty-nine dollars and sixty-two cents ($749.62); which said several sums named shall be paid by the Treasurer of this State, fifty per centum to the county superintendent of schools of the county to which said sum is due and is hereby appropriated, to be used for the benefit of the public schools of said county, and fifty per centum to the fiscal authority of the county for the benefit of the public roads of said county, as provided by the Acts of Congress hereinbefore named. Appropriations to Columbia and Lincoln Counties. Section 3. Be it further enacted that all other monies hereafter

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arising from said Acts of Congress, hereinbefore named, and paid into the treasury of this State by the parties hereinbefore named and to be disbursed and allocated to any county of the State by the treasury of the United States, are hereby appropriated to the several counties to which same may be or become due by virtue of said named Acts or any other Acts of Congress of the United States, and the Treasurer of the State is hereby directed to pay same to the authorities of said counties hereinbefore named, and the same to be used for the purpose of said Acts of Congress so designated. Appropriation of such monies hereafter arising. Section 4. Be it further enacted that the Governor of the State is hereby required and directed to draw his warrant or order on the Treasurer or treasury of this State for the amount due said several counties as hereinabove designated, and for such other and further amounts as may hereafter become due to any county of this State under and by virtue of said several Acts of Congress, now or hereafter to be enacted relative to these funds, and that the Comptroller-General of this State is hereby directed and required to approve and countersign same, and the Treasurer of this State to pay same so that said funds will reach the several counties entitled thereto as the same is now due or may hereafter become due to such counties. Procedure of payments. Section 5. That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 17, 1950. SAFETY FIRE COMMISSIONER'S SUBSISTENCE. No. 733 (House Bill No. 926). An Act to amend and make clear the meaning of Section One (1) of the Georgia Safety Fire Commissioner Act, published in Georgia Laws 1949, page 1057, et seq., approved February 25, 1949, the purpose of which said Act is the prevention of the destruction of life and property by fire, explosion, or other related hazards, which said Section One (1) creates the office of Georgia Fire Commissioner and which allows

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the Insurance Commissioner expenses in the amount not to exceed $100.00 per month, so that the amendment shall provide that the monthly subsistence allowance of $100.00 which the Commissioner shall be entitled to receive shall be in lieu of lodging and meals while performing duties in connection with the said Act. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section One (1) of the Act known as Georgia Safety Fire Commissioner Act, published in Georgia Laws 1949, page 1057, et seq., approved February 25, 1949, the purpose of which said Act is the prevention of the destruction of life and property by fire, Section One (1) of which said Act creates the office of Georgia Fire Commissioner, states the purpose of creating such an office and allows the Commissioner to receive expenses in an amount not to exceed $100.00 per month, is hereby amended by striking Section One (1) thereof and inserting therein a new Section One (1) which, as amended, shall read as follows: Sec. 1, Act of 1949, amended. Section 1. The office of Georgia Safety Fire Commissioner is hereby created. The purpose of creating such an office is to better conserve property and safeguard human life. The Insurance Commissioner, ex officio, shall be the Georgia Safety Fire Commissioner, hereinafter referred to as the Commissioner, provided that the Commissioner shall receive a subsistence allowance of $100.00, payable monthly, in lieu of lodging and meals, while performing duties in connection with this Act. Subsistence allowance to Commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950.

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DEPARTMENT OF MINES, MINING AND GEOLOGYEMPLOYEES UNDER MERIT SYSTEM. No. 737 (House Bill No. 962). An Act to extend the provisions of the Merit System Act approved February 4, 1943 (Georgia Laws 1943, pages 171-177), to include the employees of the State Department of Mines, Mining Geology, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that: Section 1. All employees of the State Department of Mines, Mining and Geology, except the Director, shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualifications, compensation, seniority privileges, tenure, and other employment standards, as may now or hereafter be established under such merit system control as may be authorized by the Act, approved February 4, 1943 (Georgia Laws 1943, pages 171-177), providing for a Merit System Council, or any amendments thereto. Employees included. Section 2. All employees of the State Department of Mines, Mining and Geology, except the Director, who are on the pay roll of said department on the effective date of this Act, who shall be issued a certificate of satisfactory service by the Director of said department shall be given permanent status under the merit system. Permanent status. Section 3. The State Department of Mines, Mining and Geology shall pay its pro rata share of the administrative costs of operating the merit system of personnel administration in the manner prescribed in Sect. 3, Paragraph (e), of the Merit System Act referred to in Section 1 of this Act. Administrative costs. Section 4. If any provision of this Act or any rule or regulation made thereunder or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the Act, rule or regulation shall not be affected thereby. All laws or parts of laws in conflict or inconsistent herewith are hereby expressly repealed. If part invalid.

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Section 5. This Act shall become effective upon approval. Section 6. That all laws or parts of laws in conflict herewith be repealed. Approved February 17, 1950. GOVERNMENT SAVINGS BONDSDEDUCTIONS FROM SALARIES. No. 738 (House Bill No. 965). An Act to authorize the withholding of portions of the salary or compensation of employees of the State, counties, municipalities or any political subdivision thereof for the purchase of United States Savings Bonds; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. The disbursing or fiscal officer of any State department, board, bureau, commission or agency, municipality, county, or other political subdivision thereof may deduct from the salary of any employee of this State, county or municipality, or political subdivision thereof, such amount as the employee shall authorize in writing, file with the disbursing or fiscal officer of such State department, board, bureau, commission or agency, municipality or county, for the purchase for the employee of United States Savings Bonds, and make such rules and regulations governing the purchase of the bonds as he may deem necessary, which rules and regulations shall be incorporated in the employee's written authorization. The authorization of the employee may be withdrawn by the employee at any time upon filing written notice of withdrawal with said disbursing or fiscal officer. Deductions from salaries for purchase. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1950.

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COUNTY TAXES FOR WORKMEN'S COMPENSATION, PENSIONS, ETC. Code 114-101 amended. No. 739 (House Bill No. 969). An Act to amend Section 114-101 of the Code of Georgia of 1933 as amended by the Act of March 20, 1943 (Georgia Laws, 1943, p. 401) to carry out as to all counties in the State having a population in excess of 300,000 the authority contained in Article VII, Section IV, Paragraph 1, of the Constitution of 1945 which extended authority to the General Assembly to delegate to any county the right to levy taxes to provide for workmen's compensation and retirement or pension funds for officers and employees; to re-instate as the law of this State, so far as relates to such counties, the provisions of the said Section 114-101 of the Code of 1933 as amended which had been held unconstitutional prior to the adoption of the Constitution of 1945; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 114-101 of the Georgia Code of 1933 as amended by the Act of 1943 (Georgia Laws 1943, p. 401) is hereby amended by adding the following paragraph thereto as follows: Code 114-101 amended. In every county in the State of Georgia having a population of 300,000 or more according to the present or any future United States census, the term employee shall include all political divisions of the State of Georgia, including school districts and any other area whose management and operation for educational purposes is under the control and direction of the county board of education of such county. Employee. Section 2. The said amendment is added to the said section for the purpose of re-instating as the law of this State in such counties the provisions of the said Act which had been held

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to be unconstitutional prior to the adoption of the Constitution of 1945 and which provisions are now made constitutional by the adoption of the said Constitution which extends authority to the General Assembly to delegate to any county the right to levy taxes to provide for workmen's compensation and retirement or pension funds for officers and employees. Purpose of Act. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 17, 1950. WARM AIR HEATING CONTRACTORSAMENDMENT. No. 743 (House Bill No. 985). An Act to amend the Act of 1949, page 1622, entitled An Act to provide for the regulation of the installation of warm air heating equipment; and for other purposes so as to provide that counties having a population of not less than twentyeight thousand (28,000) and not more than twenty-nine thousand (29,000) inhabitants according to the United States census of 1940 or any other future United States census shall come within the terms and provisions of said Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and there is hereby enacted by authority of the same: Section 1. That from and after the effective date of this Act, all counties in the State of Georgia having a population of not less than twenty-eight thousand (28,000) and not more than twenty-nine thousand (29,000) inhabitants according to the United States census of 1940 and any future United States census shall come within the terms and provisions of this Act, and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties where provisions applicable.

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Section 2. This Act shall take effect sixty (60) days from the date of its approval by the Governor. Approved February 17, 1950. INSURANCEUNFAIR TRADE PRACTICES. No. 748 (Senate Bill No. 125). An Act to regulate trade practices in the business of insurance by defining, or providing for the determination of, all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices; to prohibit the same; to provide for a determination by the Insurance Commissioner of any violations of this Act after a hearing thereon, with the right of review by certiorari to the superior court; to provide a fine for violating the orders of the Insurance Commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia: Section I. Declaration of purpose. The purpose of this Act is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trace practices so defined or determined. Declaration of purpose. Section II. Definitions. When used in this Act: Definitions. (a) Person shall mean any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers and adjusters. (b) Commissioner shall mean the Insurance Commissioner of this State.

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Section III. Unfair methods of competition or unfair and deceptive acts or practices prohibited. Prohibited acts. No person shall be engaged in this State in any trade practice which is defined in this Act as, or determined pursuant to this Act to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. Section IV. Unfair methods of competition and unfair or deceptive acts or practices defined. The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) Misrepresentations and false advertising of policy contracts. Making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promised thereby or the dividends or share of the surplus to be received thereon, or making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or making any misleading representation or any misrepresentation as to the financial conditions of any insurer, or as to the legal reserve system upon which any life insurer operates, or using any name or title of any policy or class of policies misrepresenting the true nature thereof, or making any misrepresentation to any policyholder insured in any company for the purpose of inducing or tending to induce such policyholder to lapse, forfeit, or surrender his insurance. Misrepresentations and false advertising. As to contracts. (2) False information and advertising generally. Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading. Generally.

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(3) Defamation. Making, publishing, disseminating or circulating directly or indirectly, or aiding, abetting or encouraging the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of or derogatory to the financial condition of an insurer, and which is calculated to injure any person engaged in the business of insurance. Defamation. (4) Boycott, coercion and intimidation. Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. Boycott, coercion, intimidation. (5) False financial statements. Filing with any supervisory or other public official, or making, publishing, disseminating, circulating or delivering to any person, or placing before the public, or causing directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive. False financial statements. Making any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or with like intent, wilfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer. (6) Stock operations and advisory board contracts. Issuing or delivering or permitting agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any common-law corporation, or securities or any special or advisory board contracts or other contracts of any kind promising returns and profits as an inducement to insurance. Stock operations and advisory board contracts. (7) Unfair discrimination. (a) Making or permitting any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of

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life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract. Unfair discrimination. (b) Making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever. (8) Rebates. (a) Except as otherwise expressly provided by law, knowingly permitting or offering to make or making any contract of life insurance, life annuity or accident and health insurance, or agreement as to such contract other than as plainly expressed in the contract issued thereon, or paying or allowing, or giving or offering to pay, allow, or give, directly or indirectly, as inducement to such insurance, or annuity, any rebate of premiums payable on the contract, or any special favor or advantage in the dividends or other benefits thereon, or any valuable consideration or inducement whatever not specified in the contract; or giving, or selling, or purchasing or offering to give, sell, or purchase as inducement to such insurance or annuity or in connection therewith, any stocks, bonds, or other securities of any insurance company or other corporation, association, or partnership, or any dividends or profits accrued thereon, or anything of value whatsoever not specified in the contract. Rebates. (b) Nothing in Clause 7 or Paragraph (a) of Clause 8 of this subsection shall be construed as including within the definition of discrimination or rebates any of the following practices: (i) in the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the company and its policyholders; (ii) in the case of life insurance policies issued on the industrial debit plan, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expense; (iii) readjustment

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of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year. Discrimination, rebates. (9) Failing to properly instruct and require that agents shall in the solicitation of insurance and the filling out of applications of insurance on behalf of policyholders, incorporate therein all material facts relevant to the risk being written known to the agent, or which could have been knwon by proper diligence. Tacitly or indirectly encouraging agents to accept applications either with or without intentional fraud of the policyholder, which contain material misrepresentations or conceal material information which, if stated in the application, would prevent the issuance of the policy, thus collecting premiums under circumstances which void a policy from its inception according to its terms, whereby the company illegally and unjustly receives and retains funds as to policies on which no claims are presented or, if claims are presented, the company intends to rely and does rely on the parol evidence rule and other technicalities of the law to protect it from liability. Applications for insurance. (10) Requiring or imposing as a condition to the sale of real or personal property or to the financing of the same, or as a condition to the granting of or an extension of a loan which is to be secured by the title to or a lien of any kind on real or personal property, or to the performance of any other act in connection with such sale, financing, or lending whether such person thus acts for himself or for anyone else, whatever, that the insurance or any renewal thereof to be issued on said property as collateral to said sale or loan, shall be written through any particular insurance company or agent; provided that this section shall not apply to a policy purchased by the seller, financer, or lender from his or its own funds and is not charged to the purchaser or borrower in the sale price of the property or the amount of the loan or required to be paid for out of his personal funds; provided further that such seller, financer, or lender may disapprove for reasons affecting solvency or other sensible and sufficient reasons, the insurance company selected by the buyer or borrower. Forcing choice of insurer. Section V. Power of Commissioner. The Commissioner shall

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have power to examine and investigate into the affairs of every person engaged in the business of insurance in this State in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by Section 3 of this Act. Power of Commissioner. Section VI. Hearings, witnesses, appearances, production of books and service of process. (a) Whenever the Commissioner shall have reason to believe that any such person has been engaged or is engaging in this State in any unfair method of competition, or any unfair or deceptive act or practice defined in Section 4, and that a proceeding by him in respect thereto would be to the interest of the public, he shall issue and serve upon such person a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall not be less than fifteen (15) days after the date of the service thereof. Hearings. (b) At the time and place fixed for such hearing, such person shall have an oportunity to be heard and to show cause why an order should not be made by the Commissioner requiring such person to cease and desist from the acts, methods or practices so complained of. Upon good cause shown, the Commissioner shall permit any person to intervene, appear and be heard at such hearing by counsel or in person. (c) Nothing contained in this Act shall require the observance at any such hearing of formal rules of pleading or evidence. (d) The Commissioner, upon such hearing, may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subponea witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents which he deems relevant to the inquiry. The Commissioner, upon such hearing, may, and upon the request of any party shall, cause to be made a stenographic record of all the evidence and all the proceedings had at such hearing. In case of a refusal of any person to comply with any subponea issued hereunder or to testify with respect to any matter concerning which he may be lawfully interrogated, the Superior Court of Fulton County, or the county where such party resides, on application of the Commissioner,

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may issue an order requiring such person to comply with such subpoena and to testify; and any failure to obey any such order of the court may be punished by the court as a contempt thereof. (e) Statements of charges, notices, orders, and other processes of the Commissioner under this Act may be served by anyone duly authorized by the Commissioner, either in the manner provided by law for service of process in civil actions, or by registering and mailing a copy thereof to the person affected by such statement, notice, order, or other process at his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of such service, shall be proof of the same, and the return postcard receipt for such statement, notice, order, or other process, registered and mailed as aforesaid, shall be proof of the service of the same. Section VII. Cease and desist orders and modifications thereof. (a) If, after such hearing, the Commissioner shall determine that the method of competition or the act or practice in question is defined in Section 4 and that the person complained of has engaged in such method of competition, act or practice in violation of this Act, he shall reduce his findings to writing and shall issue and cause to be served upon the person charged with the violation an order requiring such person to cease and desist from engaging in such method of competition, act or practice. Cease and desist orders. (b) The Commissioner may at any time before the serving of a writ of certiorari upon him (as hereinafter provided for), or after the expiration of the time allowed by law for the servicing of such writ, if no such writ has been thus served, amend or set aside in whole or in part any order issued by him under this section, whenever in his opinion the facts and circumstances surrounding the case have so changed as to require such action, or if the public interest shall so require. No change of an order in a manner unfavorable to the person charged, or to the parties at interest, shall be made except after notice and opportunity for hearing. The date of the Commissioner's last order shall be the point of time from which it may be reviewed by writ of certiorari. Modification. Section VIII. Procedure as to unfair methods of competition

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and unfair or deceptive acts or practices which are not defined. (a) Whenever the Commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this State in any method of competition or in any act or practice in the conduct of such business which is not defined in Section 4, that such method of competition is unfair or that such act or practice is unfair or deceptive and that a proceeding by him in respect thereto would be to the interest of the public, he may issue and serve upon such person a statement of the charges in that respect and a notice of a hearing thereon to be held at a time and place fixed in the notice, which shall not be less than fifteen (15) days after the date of the service thereof. Each such hearing shall be conducted in the same manner as the hearings provided for in Section 6. The Commissioner shall, after such hearing, make a report in writing in which he shall state his findings as to the facts, and he shall serve a copy thereof upon such person. Procedure as to acts and practices not above defined. (b) If such report charges a violation of this Act and if such method of competition, act or practice has not been discontinued, the Commissioner may, through the Attorney General of this State, at any time after fifteen (15) days after the service of such report, cause a petition to be filed in the superior court of this State within the county wherein the person resides, or has his principal place of business, to enjoin and restrain such person from engaging in such method, act or practice. The court shall have jurisdiction of the proceeding and shall have power to make and enter appropriate orders in connection therewith and to issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public pendente lite. Petition to superior court. (c) A transcript of the proceedings before the Commissioner and of his findings shall be filed with such petition. The court may, in his discretion, order additional evidence to be taken before the Commissioner, and to be adduced upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Commissioner may modify his findings of fact or make new findings by reason of the additional evidence so taken, and he shall file such modified or new findings with the return of such additional evidence. Transcript of proceedings. (d) If the court finds that the method of competition complained of is unfair or that the act or practice complained of is

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unfair or deceptive, he shall so rule. Having so found, if he further finds that the findings of the Commissioner are supported by evidence he shall issue his order enjoining and restraining the continuance of such method of competition, act, or practice. Section IX. Judicial review of orders of the Commissioner. (a) Any order, decision, or the imposition of any penalty by the Commissioner shall be subject to review by writ of certiorari as now provided by law. The Commissioner's findings upon questions of fact shall be final if sustained by evidence. Judicial review of Commissioner's orders. (b) To the extent that the order of the Commissioner is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the Commissioner. (c) Cease and desist orders issued by the Commissioner under Section Seven (7) shall become final: (1) upon the expiration of the time allowed by law for the filing of a petition for the writ of certiorari, if no such petition has been filed within such time, except that the Commissioner may thereafter modify or set aside his order to the extent provided in Section Seven (b); or (2) upon the final decision of the court, if the court directs that the order of the Commissioner be affirmed or the writ dismissed. Section X. Judicial review by intervenor .If the report of the Commissioner does not charge a violation of this Act, then any intervenor in the proceedings may cause a review of such decision by certiorari to the Superior Court of Fulton County as provided in Section 9 (a) hereof. Upon such a review, the court shall have authority to issue appropriate orders and decrees in connection therewith, including, if the court finds that it is to the interest of the public, orders enjoining and restraining the continuance of any method of competition, act or practice which it finds, notwithstanding such report of the Commissioner, constitutes a violation of this Act. Intervention. Section XI. Penalty .Any person who violates a cease and desist order of the Commissioner under Section Seven (7), after it has become final and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the State of Georgia a sum of not less than $50.00 and not exceeding $1,000.00, which may be recovered in a civil action. Violation of cease and desist order.

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Section XII. Provisions of Act additional to existing law .The powers vested in the Commissioner by this Act, shall be additional to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive. Provision of Act cumulative. Nothing contained in this Act shall be construed as repealing or amending the power of the Commissioner to revoke the license of any insurer or agent thereof, when he is commanded or authorized to do so by existing laws, or on account of a violation of this Act. Section XIII. Where under the terms of this Act the Commissioner is required to hold a hearing, he is authorized to appoint a member of his official staff to conduct it, who shall report to the Commissioner in writing all the testimony taken and the proceedings had at the hearing, together with his findings of fact for the Commissioner's action thereon. Hearings. Section XIV. Separability provision .If any provision of this Act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the Act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Approved February 17, 1950. NON-PROFIT HOSPITAL SERVICE CORPORATIONS. Code Ch. 99-10 Amended. No. 749 (Senate Bill No. 126) An Act to provide for the chartering of non-profit corporations to be organized for the purpose of establishing, maintaining, and operating non-profit hospital service plans under which hospital care may be rendered by licensed hospitals; to authorize such corporations to act as agents for surgical plans or medical plans; to provide for the method of operation of such

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corporations; to provide for the supervision of such corporations and of their contracts and rates by the Insurance Commissioner of the State of Georgia; to provide that such corporations shall be classed as charitable and benevolent organizations; to provide for non-profit hospital service corporations now organized and operating in this State to be under and subject to the provisions of this Act; to repeal the Hospital Service Non-Profit Corporations Act of 1937 as amended and such other laws as may be 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. Incorporation .Any three or more persons upon petition to the superior courts of this State for a corporate charter, as provided in the Corporation Act of 1938, and amendments thereto, may be incorporated for the purpose of establishing, maintaining and operating a non-profit hospital service plan whereby hospital care may be provided by said corporation through an established licensed hospital or licensed hospitals with which it has contracted for such care, as is hereinafter defined. Incorporation. Section II. Application for membership .Such corporations when organized shall be authorized to accept applicants, who may become members of said corporations furnishing group hospital service under a contract, which shall entitle each member to such hospital care for such period of time as is provided therein. Applications for membership. Section III. Corporations not insurance companies: No bond or deposit required .Such corporations shall be governed by this Act and shall not be construed as being engaged in the business of insurance under the laws of this State. Such corporations organized and operated under the provisions of this Act shall not be required by any department of this State to post bond, or put up deposits with any department of this State to begin and/or operate under this Act, and the provisions of Chapter 56-3 are hereby declared inapplicable to corporations organized and/or operated under this Act. Not insurance companies.

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Section IV. Corporations to be non-profit organizations .Such corporations shall be governed and conducted as non-profit organizations, for the purpose of offering and furnishing hospital service to their members in consideration of the payment by such members of a definite sum for the hospital care so contracted to be furnished. In order to implement the distribution of voluntary health care to the people of this State, such corporations may, at their discretion, act as agent for surgical and/or medical service plans operating in this State, providing that contractual arrangements for such service be first approved by the Insurance Commissioner. The necessary expenses of administering the affairs of said corporations may be paid from the dues or payments collected. Non-profit organizations. Section V. Authority of corporations to contract .Such corporations shall have the authority to contract with hospitals charging for services rendered, in such manner as to assure to each person holding a contract of said corporation the furnishing of such hospital care as may be agreed upon in the contract between said hospital and said member, with the right of said corporation to limit in said contract the type of diseases for which it shall furnish or pay for hospital care in any hospital. Hospitals so contracted with shall be known as participating hospitals. Authority to contract. Section VI. Extension of service .All membership contracts issued by such corporations shall contain a provision, to be first approved by the Insurance Commissioner, which shall permit the person with whom made, and all persons entitled to hospital service thereunder, the right to receive hospitalization either in ordinary or in emergency cases, at any non-participating licensed general medical hospital selected by such person which has been approved according to this Act; and such hospital shall be paid by said corporation a charge or rate for hospital service, not to exceed the rate provided for in contracts of said hospital service corporation for non-participating hospitals. This section shall not restrict the right of such corporations, in their discretion, to extend this same rate to persons entitled to hospital service in non-participating hospitals other than general medical hospitals. Extension of service. Section VII. Limitation upon authority to contract and operate .

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Said corporations shall have authority to contract with only hospitals licensed by the State Board of Health. Contracts only with licensed hospitals. Section VIII. Provision against attempting to control relations between patient and physician .Such corporations shall not control or attempt to control the relationship existing between the member and his physician and shall not restrict the right of the patient to obtain the service of any licensed doctor of medicine; and any hospital which shall contract with such corporation for the furnishing of hospital care, shall accept a member or subscriber of such corporation with the physician of his choice in charge of his treatment at such hospital provided such acceptance is in conformity with the hospital's regular rules of admission, and further provided that such physician is otherwise acceptable for practice in said hospital. No control of relations between patient and physician. Section IX. Personnel of directors .At least a majority of the directors of such corporation must be at all times directors, superintendents, or trustees of hospitals, as herein defined, which have contracted or may contract with such corporation to render its subscribers hospital service. Section X. Supervision of rates .Such corporations shall before accepting applications for membership in said non-profit hospital service plan, submit to the State Insurance Commissioner a plan of operation and overhead expenses, operation cost, salaries paid or to be paid during any current year, together with a schedule of its rates or dues to be charged and the amount of hospital service contracted to be rendered; which plan, rates and amounts of service shall first be approved by the Insurance Commissioner as fair and reasonable before said corporation shall engage in business. Supervision of rates, etc. Section XI. Approval of rates .The Insurance Commissioner shall likewise first approve the rates of payment to be made by said corporations to hospitals for the rendering of hospital care to the members of said corporation as being reasonable and just. Said hospitals shall guarantee the benefits of the certificates of membership issued by the corporation in such a way as will be satisfactory to the Insurance Commissioner. Approval of rates.

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Section XII. Membership certificates .Every such corporation shall issue to its members certificates of membership which shall set forth the contract between the corporation and the member, and give the name or names and location of hospital or hospitals with which the corporation has contracted for service to its members, and the period of such service; and the rate per day or week payable by said corporation for hospital service rendered to said member at any hospital other than the hospitals with which said corporation shall be contracted. Certificates of membership. Section XIII. Bond of treasurer .The treasurer of such corporation and other officers and employees who handle its funds shall be required to give a fidelity bond with corporate surety in such sum as may be determined by the officers of said corporation for the faithful handling of the funds of said corporation; and all funds collected from members or subscribers of said corporation shall be deposited to the account of said corporation in a bank which is a State depository. Bond of treasurer and others. Section XIV. Finance procedure .Said corporations shall not pay any of the funds collected from members or subscribers to any hospital until after said hospital shall have rendered hospital care to a subscriber or member. Finance procedure. Section XV. Investments .The funds of any corporations subject to the provisions of this Act shall be invested only in securities permitted by the laws of the State of Georgia for the investment of assets of life insurance companies. Investments. Section XVI. Reports to Insurance Commissioner .Every such corporation shall annually, on or before the first day of March, file in the office of the Insurance Commissioner a statement verified by at least two of the principal officers of said corporation, showing its condition on the 31st day of December, next preceding, which statement shall be in such form and shall contain such matters as the Insurance Commissioner shall prescribe. Reports to Insurance Commissioner. Section XVII. Examination of books and records .Every such corporation shall keep complete books and records, showing all funds collected and disbursed, and all books and records

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shall be subject to examination by the Insurance Commissioner annually, the expense of such examination to be borne by said corporation. Books and records. Section XVIII. Definition as charitable and benevolent institutions .Every corporation subject to the provisions of this Act is hereby declared to be a charitable and benevolent institution and shall be exempt from all taxes as such charitable and benevolent institutions are now or may hereafter be exempt from taxes. Charitable and benevolent institutions. Section XIX. Expense of examination and supervision .Any and all supervision, liquidation or examination of the affairs of any such corporation by the Insurance Commissioner shall be at the expense of such corporation. Expense of examination and supervision. Section XX. Dissolution .Any dissolution or liquidation of any such corporation subject to the provisions of this Act shall be under the supervision of the Insurance Commissioner. In case of dissolution of any corporation formed under the provisions of this Act, the claims of membership certificate holders of such corporation shall be given priority over all other claims except cost of liquidation. Next priority shall be given to claims of contracting hospitals for losses or write-offs shown by the corporation's records to have been incurred by said contracting hospitals in furnishing service to membership certificate holders. Any remaining funds may be distributed only in a manner consistent with the purposes of the charter and bylaws of such corporation. Dissolution. Section XXI. Includes existing hospital service corporations .That all corporations organized and operating as non-profit hospital service corporations in the State of Georgia at the time of passage of this Act shall be deemed non-profit hospital service corporations existing and operating under and subject to the provisions of this Act. Existing hospital service corporations. Section XXII. Separability clause .That if any section of the provision of this Act be decided by the courts to be unconstitutional or invalid, the same shall not affect the Act as a

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whole, nor any part thereof, other than the part so decided to be unconstitutional or invalid. If part invalid. Section XXIII. Repeal of laws .That the Hospital Service Non-Profit Corporations Act of 1937 (Georgia Laws 1937, page 690 et seq.), as amended and codified under Chapter 99-10 of the Code of Georgia, and all other laws or parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950. SUPERIOR COURT JUDGESRETIREMENTAMENDMENTS. No. 750 (Senate Bill No. 166). An Act to amend an Act approved March 9, 1945, as amended (Georgia Laws 1945, pages 362-366; Georgia Laws 1946, pages 228-230), entitled An Act to provide for the creation of the office of judge of the superior court, emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation of incumbents; to create the superior court judges retirement fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes, so as to strike from said Act the words continuous and continuously wherever the same may appear therein; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act approved March 9, 1945, as amended (Georgia Laws 1945, pages 362-366; Georgia Laws 1946, pages 228-230) be and the same is hereby amended by striking therefrom the words continuous and continuously wherever the same may appear in said Act. Act of 1945 amended. Approved February 17, 1950.

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SUPREME COURTSALARY OF LAW ASSISTANTS. Code 24-4301 Amended. No. 752 (Senate Bill No. 218). An Act to amend an Act approved February 1, 1946 (Ga. L. 1946, p. 102) by repealing in its entirety Section 4 of said Act providing for a new Section 24-4301 of the Georgia Code of 1933, relating to the law assistants of the Supreme Court, their duties, salaries, etc., and by substituting in lieu thereof a new Section 4 providing for a new Section 24-4301 of the Georgia Code of 1933, relating to the law assistants of the Supreme Court, their duties, salaries, etc.; and for 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 February 1, 1946 (Ga. Laws 1946, page 102) providing for the appointment, removal, duties and salaries of the law assistants of the Supreme Court, be amended by repealing Section 4 of said Act, and inserting in lieu thereof a new Section 4, to read as follows: Sec. 4, Act of 1946, amended. Section 4. That a new Section 24-4301 of the Georgia Code of 1933 be and the same is hereby provided to real as follows: Code 24-4301. `Section 24-4301. The Justices of the Supreme Court are authorized to appoint seven law assistants for the use of said court, and to remove them at pleasure. It shall be the duty of said law assistants to attend all sessions of the court, if so ordered, and generally to perform the duties incident to that of a law assistant. The law assistants appointed by the Justices of the Supreme Court shall each be a duly qualified licensee for the practice of law in the several courts of this State, including the Supreme Court and Court of Appeals. The law assistants of the Supreme Court shall each receive a salary of $5,000 per annum.' Law assistants, appointment, duties, etc. Salary. Section II. All laws and parts of law in conflict with this Act be, and the same are hereby repealed. Approved February 17, 1950.

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COURT OF APPEALSSALARY OF LAW ASSISTANTS Code 24-3508 Amended. No. 753 (Senate Bill No. 222) An Act to amend an Act approved January 31, 1946 (Georgia Laws 1946, p. 77), by repealing in its entirety Section 2 of said Act, providing for a new Section 24-3508 of the Georgia Code of 1933, relating to the law assistants of the Court of Appeals and their salaries, and by substituting in lieu thereof a new Section 2 providing for a new Section 24-3508 of the Georgia Code of 1933, relating to the law assistants of the Court of Appeals, their duties, salaries, etc.; and for 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 January 31, 1946, (Georgia Laws 1946, p. 77) for the appointment of law assistants of the Court of Appeals and their salaries, be amended by repealing in its entirety Section 2 of said Act, and inserting in lieu thereof a new Section 2, to read as follows: Sec. 2. Act of 1946, amended. Section 2. A new Section 24-3508 of the Georgia Code of 1933 be and the same is hereby provided to read as follows: Code 24-3508. `Section 24-3508. The Judges of the Court of Appeals are authorized to appoint six law assistants for the use of said court, and to remove them at pleasure. It shall be the duty of said law assistants to attend all sessions of the court, if so ordered, and generally to perform the duties incident to that of a law assistant. The law assistants appointed by the Judges of the Court of Appeals shall each be a duly qualified licensee for the practice of law in the several courts of this State, including the Supreme Court and the Court of Appeals. The law assistants of the Court of Appeals shall each receive a salary of $5,000 per annum.' Law assistants, appointment, duties, etc. Salary. Section II. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 17, 1950.

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TUBERCULOSISPAYMENTS TO CITIES AND COUNTIES FOR CARE OF PATIENTS. No. 754 (House Bill No. 884). An Act to authorize the Georgia Department of Public Health to pay, from funds which might become available from the appropriation for the State Tuberculosis Sanatorium, or from other sources, to cities and counties the cost, or any part of the cost, of maintaining institutions for the care, treatment and isolation of clinically active and convalescent tuberculosis patients, as is necessary to carry out the public health program in this State; to provide for standards of care and treatment and operation of said institutions; 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 Georgia Department of Public Health shall have the power to use funds which might become available from the State Tuberculosis Sanatorium appropriation, or from other sources, to pay to cities and counties the cost or part of the cost of maintaining institutions for the care, treatment and isolation of clinically active and convalescent tuberculosis patients, provided that payment shall not exceed per patient per day the actual cost of the care and maintenance and isolation of such patients by the city or county, or shall not exceed the patient per capita cost per day of Battey State Hospital, whichever is the least; and provided that the standard of operation of the city or county institutions and of the care and treatment and isolation of the patients is approved by the Georgia Department of Public Health, and provided that the Georgia Department of Public Health deems the operation of the institution or institutions useful in carrying out the public health program in this State. Payment to cities and counties for maintaining institutions for tubercular. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950.

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COUNTY BOARDS OF HEALTHRECORDS OF CERTAIN COUNTIES AS EVIDENCE. Code 88-203 amended. No. 757 (House Bill No. 995). An Act to amend the Code of Georgia of 1933, Section 88-203, pertaining to the authority of county boards of health to establish and maintain rules and regulations for the protection of the health of their respective counties to provide that the certificate or attestation of the chairman or any member of a county board of health in counties having a population of three hundred thousand or more according to the United State census of 1940, or any future census, shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file or other matter or thing in their respective office or pertaining thereto to admit the same in evidence, 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 Code of Georgia of 1933, Section 88-203, is hereby amended by adding the following language thereto: Provided that the certificate or attestation of the chairman or any member of a county board of health in counties having a population of three hundred thousand or more according to the United States census of 1940, or any future census, shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file or other matter or thing in their respective office or pertaining thereto to admit the same in evidence, so that said Section 88-203 as amended, shall read as follows: Code 88-203 amended. The county boards of health of the several counties shall have full power and authority to adopt, enact, establish, and maintain all such rules and regulations not inconsistent with the laws and Constitution of this State and of the United States, as they may deem necessary and proper for protecting the health of their respective counties, and for preventing the introduction,

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generation and spread of infectious and contagious diseases therein; provided that the certificate or attestation of the chairman or any member of a county board of health in counties having a population of three hundred thousand or more according to the United States census of 1940, or any future census, shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file or other matter or thing in their respective office or pertaining thereto to admit the same in evidence. Rules and regulations. Records as evidence (certain counties.) Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. COUNTY BOARDS OF HEALTHPUBLICATION OF RULES AND REGULATIONS IN CERTAIN COUNTIES. Code 88-205 amended. No. 758 (House Bill No. 996). An Act to amend the Code of Georgia of 1933, Section 88-205, pertaining to the publication of rules and regulations of county boards of health to provide that the finding by county boards of health in counties having a population of three hundred thousand or more according to the United States census of 1940, or any future census, duly entered upon the minutes of such boards of health that their rules and regulations have been posted at the courthouse door of the county and published at least once in the newspaper of the county in which sheriff's notices are advertised shall be prima facie evidence of such posting and publication, 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 Code of Georgia of 1933, Section 88-205, is hereby amended by adding the following language thereto: Provided that the finding by county boards of health in counties

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having a population of three hundred thousand or more according to the United States census of 1940, or any future census, duly entered upon the minutes of such boards of health that such rules and regulations have been posted at the courthouse door of the county and published at least once in the newspaper of the county in which the sheriff's notices are advertised shall be prima facie evidence of such posting and publication, so that Section 88-205 shall read: Code 88-205 amended. Such rules and regulations as may be established for any county, under the provisions of Chapters 88-2 and 88-3, and any amendments or alterations thereof, before the same shall have the force of law, shall be posted at the courthouse door of the county and also published at least once in the newspaper of the county in which the sheriff's notices are advertised; provided that the finding by county boards of health in counties having a population of three hundred thousand or more according to the United States census of 1940, or any future census, duly entered upon the minutes of such boards of health that such rules and regulations have been posted at the courthouse door of the county and published at least once in the newspaper of the county in which the sheriff's notices are advertised shall be prima facie evidence of such posting and publication. Rules and regulations. Publication in certain counties. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. UNAUTHORIZED INSURERS PROCESS ACT. No. 759 (House Bill No. 1041). An Act relating to insurers not authorized to transact business in this State; providing for actions in this State against and for the service of process upon such insurers; prescribing how a defense may be made by such insurers; and providing for the allowance of attorneys' fees in actions against such insurers; and for other purposes. Be it enacted by the General Assembly of Georgia and

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it is hereby enacted by the authority of the same as follows: Section 1. The purpose of this Act is to subject certain insurers to the jurisdiction of courts of this State in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this State hold policies of insurance issued or delivered in this State by insurers while not authorized to do business in this State, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such State interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this State, and also exercises powers and privileges available to the State by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Sess., s. 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several States. Public policy declared. Section 2. Be it further enacted, that any of the following acts in this State, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (a) the issuance or delivery of contracts of insurance to residents of this State or to corporations authorized to do business therein, (b) the solicitation of applications for said contracts, (c) the collection of premiums, membership fees, assessments or other considerations for such contracts, or (d) any other transaction of business is equivalent to and shall constitute an appointment by such insurer of the Insurance Commissioner and his successor or successors in office, to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contracts of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this State upon such insurer. Acts equivalent to appointment of Insurance Commissioner as attorney to receive service. Section 3. Be it further enacted, that such service shall be made by delivering to and leaving with the Insurance Commissioner

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or some person in apparent charge of his office two copies of the suit and process. The Insurance Commissioner shall forthwith mail by registered mail one of the copies of such suit and process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon him. Such service is sufficient, provided notice of such service and a copy of the suit and process are sent within ten days thereafter by registered mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith, are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow. Service of process. Section 4. Be it further enacted, that service of process in any such action, suit or proceeding shall, in addition to the manner provided in Section Three of this Act, be valid if served upon any person within this State who, in this State on behalf of such insurer, is Service on soliciting or collecting agent. (a) soliciting insurance, or (b) making, issuing or delivering any contract of insurance, or (c) collecting or receiving any premium, membership fee, assessment or other consideration for insurance; and a copy of such process is sent within ten days thereafter by registered mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

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Section 5. Be it further enacted, that no plaintiff or complainant shall be entitled to a judgment by default, or a judgment with leave to prove damages under this section until the expiration of thirty days from date of the filing of the affidavit of compliance. Default judgment. Section 6. Be it further enacted, that nothing in this law contained shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law. Provisions cumulative. Section 7. Be it further enacted, that: (1) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall either (a) deposit with the clerk of the court in which such action, suit or proceeding is pending, cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action, provided, however, that the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that it maintains in a State of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action, suit or proceeding; or (b) procure a certificate of authority to transact the business of insurance in this State. Requirements precedent to pleadings in defense. (2) The court in any action, suit or proceeding in which service is made in the manner provided in Sections Three or Four herein, in its discretion, may order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of Subsection (1) of this section and to defend such action. Postponement. (3) Nothing in Subsection (1) of this section is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in Sections Three or Four of this Act on the ground either (a) that such unauthorized insurer has not done any of the acts enumerated in Section Two, or

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(b) that the person on whom service was made pursuant to Section Four hereof, was not doing any of the acts therein enumerated. Motion to quash or to set aside service. Section 8. Be it further enacted, that in any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this State of a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one-half per cent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause. Attorney's fees. Section 9. Be it further enacted, that the provisions of this Act shall not apply to any action, suit or proceeding against any unauthorized insurer arising out of any contract of Exceptions. (1) Reinsurance effectuated in accordance with the Laws of Georgia; (2) Insurance effectuated in accordance with an Act of the legislature entitled Excess Insurance Agents Law as contained on page 1201 of the Georgia Laws of 1949. (3) Aircraft insurance: (4) Insurance on property or operations of railroads engaged in interstate commerce; (5) Insurance against legal liability arising out of the ownership, operation or maintenance of any property having a permanent situs outside of this State; or (6) Insurance against loss of or damage to any property having a permanent situs outside of this State;

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where such contract contains a provision designating the Insurance Commissioner or a bona fide resident of the State of Georgia to be its true and lawful attorney upon whom may be served all lawful process in any action, suit or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract or where the insurer enters a general appearance in any such suit, action or proceeding. Section 10. Be it further enacted, that if any provision of this Act, or the application thereof, to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. If part invalid. Section 11. Be it further enacted, that this Act may be cited as the Unauthorized Insurers Process Act. Title. Section 12. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. SENTENCES IN FELONY CASES. Code 27-2502 and 27-2702 amended. No. 762 (House Bill No. 402). An Act to amend Section 27-2702 and Section 27-2502 of the Code of Georgia of 1933; Section 27-2702 to be amended by striking the last paragraph of said section in its entirety; to provide for the amending of Section 27-2502, which deals with indeterminate sentences of felonies not punishable by life imprisonment, in its entirety and inserting in lieu thereof a new section to be known as Section 27-2502 of the Code of Georgia of 1933; and that Section 27-2702 as heretofore been amended, re-enacted, revised or changed and as particularly amended and changed by an Act of the General Assembly of Georgia approved March 24, 1939, as the same

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appears on pages 285-288, of the published Acts of 1939, and as Section 27-2502 as heretofore been amended, re-enacted, revised, or changed and particularly as amended and changed by an Act of the General Assembly of Georgia approved August 18, 1919, as appears on page 387 of the Acts of the General Assembly of 1919; and to provide for the repealing of all laws and parts of laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that Section 27-2702 of the Code of Georgia of 1933, defining the power of the court to place offenders on probation is hereby amended and said section as heretofore been amended, revised, re-enacted, or changed and particularly as affected by an Act of the General Assembly of Georgia approved March 24, 1939, as the same appears on pages 285-288, of the published Acts of 1939, be, and the same is hereby amended by striking the last paragraph of Section 27-2702 defining the power of the court to place offenders on probation in its entirety. Code 27-2702 amended. Section 2. Be it enacted by the authority aforesaid that Section 27-2702 of the Code of Georgia of 1933 which deals with power of court to place offenders on probation as now amended shall read as follows: To read: 27-2702. Power of court to place offenders on probation.In all prosecutions for crime, except as hereinafter provided, where the defendant has been convicted either upon a trial or upon his plea, where the court has power to sentence such defendant to the chain gang, jail or other place of detention, where it appears to the satisfaction of the court that the circumstances of the case and the public good does not demand or require the defendant's incarceration, said court may mould its sentence so as to allow the defendant to serve same outside the confines of the chain gang, jail or other place of detention, under the supervision of the court, and in such manner and on such conditions as it may see fit, giving the reasons therefor, which shall be made part of the record. Nothing in this law shall in any manner affect the laws providing the method of dealing with delinquent, wayward or dependent children, in those counties which may establish juvenile courts. Power of court to place offenders on probation.

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Section 3. Be it further enacted by the authority aforesaid that Section 27-2502 of the Code of Georgia of 1933 is hereby amended by striking the said section in its entirety and inserting in lieu thereof a new section to be known as Section 27-2502 which shall read as follows: 27-2502 amended. 27-2502. Indeterminate sentences for felonies not punishable by life imprisonment.The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment shall prescribe a minimum and maximum term, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, and the judge in imposing the sentence shall sentence said convicted person to the penitentiary in accordance with the verdict of the jury. However, the judge imposing the said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he thinks proper. Said judge is also empowered with the right and authority to revoke said suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. Indeterminate sentences. Section 3A. After the said prisoners have entered upon their services in the penal institutions of Georgia the superior court judges shall have no authority to suspend and probate the sentences of said prisoners by modifying sentences. Modification of sentences. Section 4. Be it further enacted by the authority aforesaid that should any part of this Act be declared illegal and/or unenforceable, the remainder of said Act shall remain in full force and effect. If part invalid. Section 5. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 17, 1950.

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GROUP INSURANCE OF PUBLIC EMPLOYEES. No. 763 (House Bill No. 868). An Act authorizing the counties, county boards of public instruction, cities, towns, governmental units, departments, boards, or bureaus of the State of Georgia to deduct from the salaries and wages of their respective employees, with the consent of such employees, and remit the same periodically to insurance companies in consideration of insurance to be furnished to said employees upon a group basis. 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 each and every county, county board of public instruction, city, town, governmental unit, department, board, or bureau of the State of Georgia, or of the cities and towns thereof, be and each of them is hereby authorized and empowered to make deductions periodically from the wages or salaries of its employees with which to pay the premium for life, health, accident, hospitalization, or annuity insurance, or all or any kind of such insurance, for the benefit of such employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said counties, boards, cities, towns, bureaus, or departments thereof. Group insurance deductions authorized. Section 2. That the participation in such group insurance by such employees shall be entirely voluntary on the part of each employee at all times. Any employee, upon any pay day, may withdraw or retire from such group plan upon giving his employer written notice thereof and directing the discontinuance of deductions from his wages or salary in payment of such plan. Participation voluntary. Section 3. That the insurance permitted under this Act shall be in addition to and in no manner in lieu of the provisions of the Georgia Workmen's Compensation Act. Workmen's compensation. Section 4. The minimum number of employees in said groups

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to whom policies of insurance may be issued on the group plan, shall be fixed by the Insurance Commissioner, and policies may not be issued by insurance companies to a group containing less than the number fixed by him. Minimum number in group. Section 5. That nothing in this Act is intended to restrict or repeal the operation of any special or local law heretofore enacted authorizing the participation in group insurance by employees of the State, counties, cities, or towns thereof. Section 6. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. DEPARTMENT OF AGRICULTUREAPPROPRIATIONS. No. 764 (House Bill No. 869). An Act to amend an Act (Laws of 1949, No. 342, (House Bill No. 116) known as the General Appropriation Act, amending Section 21, Subsections A and B by adding to and in addition to the said appropriation, the following: And the sum of one hundred and fifty thousand ($150,000) dollars shall be hereby appropriated to the Department of Agriculture to be used for facilities, operations and maintenance of farmers markets; and, the sum of $125,000.00 is hereby appropriated to the Department of Agriculture, to be used in the eradication, and control of diseases of livestock, and poultry in this State, same to be in addition to the appropriation, (Laws of 1949), Section 21, Subsection A, and B, and for other purposes. Whereas, under the law creating State farmers' markets all fees, rents and other income was allocated to the Commissioner of Agriculture for the operation of said farmers' markets, and Whereas, however, under the present Constitution allocations are prohibited and therefore, the fees, rents and other

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income from farmers' markets go into the general fund and cannot be used for the purpose for which they are collected and whereas there is a great and growing need, on account of expansion of the State market system, for these funds to be used for the employment of efficient managers, inspectors, graders and for teletype communications and other communications. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted under the authority of the same: Section 1. On and after the passage of this Act the sum of one hundred and fifty thousand ($150,000) dollars is hereby appropriated to the Department of Agriculture to be used for facilities, operation and maintenance of the farmers' markets of this State, same to be in addition to the appropriation, (Laws of 1949), Section 21, Subsections A and B. Farmers' markets. Section 2. And, the sum of $125,000.00 is hereby appropriated to the Department of Agriculture, to be used in the eradication, and control of diseases of livestock, and poultry in this State, same to be in addition to the appropriation. (Laws of 1949), Section 21, Subsections A and B. Disease control. Section 3. All laws and parts of laws in conflict with this Act shall be, and are hereby repealed. Approved February 18, 1950. MILK CONTROL BOARDAPPROPRIATION. No. 765 (House Bill No. 878) An Act to amend an Act approved February 25, 1949 (Georgia Laws 1949, pages 1506-1523), the same being known as the General Appropriations Act, by increasing the appropriation for the cost of operating the Milk Control Board from $67,000.00 to $80,000.00; 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 an Act approved February 25, 1949 (Georgia Laws 1949, pages 1506-1523), the same being entitled, An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for roads and for all other governmental activities authorized by law for the fiscal year ending June 30, 1950 and for each and every fiscal year thereafter until repealed by law; to provide appropriations for the period January 1, 1949 to June 30, 1949; to provide for the control and administration of the funds, to provide for the qualifications of a public officer before the funds appropriated herein are available; and to repeal conflicting laws, be, and the same is hereby amended by striking and repealing the figures, $67,000.00, appearing in Section 36 thereof, and substituting in lieu thereof the following: $80,000.00, so that said Section 36, as amended, shall read as follows: Section 36. Milk Control Board. For the cost of operating the Milk Control Board $80,000.00. Cost of operation. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 18, 1950. PARKS DEPARTMENAPPROPRIATIONS. No. 768 (House Bill No. 934). An Act to amend the Act known as the General Appropriations Act, approved February 25, 1949 (Ga. Laws 1949, page 1506) so as to appropriate an additional twenty-five thousand dollars ($25,000.00) to the Department of Parks for the purpose of constructing bathhouse facilities at the Allatoona Dam recreational area; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act entitled, An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for roads and for all other governmental activities authorized by law for the fiscal year ending June 30, 1950 and for each and every fiscal year thereafter until repealed by law; to provide appropriations for the period January 1, 1949 to June 30, 1949; to provide for the control and administration of the funds, to provide for the qualifications of a public officer before the funds appropriated herein are available; and to repeal conflicting laws, approved February 25, 1949 (Ga. Laws 1949, page 1506) is hereby amended by striking from Section 28 thereof, Paragraph (e) which reads as follows: (e) For cost of operating Department of Parks, $268,000.00. Provided that of this appropriation an amount of not less than $50,000.00 shall be expended each year in the development of the Kolomoki State Park and Indian Mounds. and substituting in lieu thereof a new Paragraph (e), so that said Paragraph (e) of Section 28 shall now read as follows: (e) For cost of operating Department of Parks, including the sum of $25,000.00 for construction of bathhouse facilities at the Allatoona Dam recreational area, $293,000.00. Provided that of this appropriation an amount of not less than $50,000.00 shall be expended each year in the development of the Kolomoki State Park and Indian Mounds. Allatoona Dam recreational area. Other projects. Section 2. That said General Appropriations Act is further amended by striking the figure $108,574,026.03 as it appears on page 1520 of the Acts of 1949, and substituting in lieu thereof the figure $108,599,026.03. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1950.

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APPROPRIATIONSREVENUE AND MILITARY DEPARTMENTS. No. 771 (House Bill No. 949). An Act to amend an Act approved February 25, 1949, (Ga. Laws 1949, Regular Session, pp. 1506-1523) entitled General Appropriation Act, by amending Section 43 thereof, changing the appropriation of the Department of Revenue from one million, seven hundred thousand dollars ($1,700,000.00) for each fiscal year, to two million dollars ($2,000,000.00); the sum of ($10,000) for the purpose of allowing increases in salary for department heads of the several units of the Revenue Department for each fiscal year; and by amending Section 35 so as to increase the appropriation of the Military Department from $220,000.00 to $295,000.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. The Act approved February 25, 1949, (Ga. Laws 1949, Regular Session, pp. 1506-1523) entitled General Appropriation Act, be, and the same is hereby amended by striking the figures $1,700,000.00 in the first sentence in Section 43 thereof, which reads as follows: For the cost of operating the Department of Revenue, including liquor warehouses, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed in to the State treasury, $1,700,000.00 and substituting in lieu thereof the following: For the cost of operating the Department of Revenue, including liquor warehouses, including administration of the automobile title law, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State treasury, $2,000,000.00. There is hereby appropriated the sum of ($10,000) to the Revenue Department for the sole purpose of enabling the Revenue Commissioner to increase the salaries of the heads of departments in the Revenue Department in a moderate amount in the discretion of the Revenue Commission. so that the first paragraph in said Section 43 as amended will read as follows:

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Section 43. Revenue, Department of. For the cost of operating the Department of Revenue, including liquor warehouses, including administration of the automobile title law, provided, that the liquor warehouse charges shall be maintained and that same shall be immediately imbursed into the State treasury. $2,000,000.00. Revenue Department. There is hereby appropriated the sum of ($10,000) to the Revenue Department for the sole purpose of enabling the Revenue Commissioner to increase the salaries of the heads of departments in the Revenue Department in a moderate amount in the discretion of the Revenue Commission. Section 2. That said General Appropriations Act is further amended by striking the figure `$220,000.00' from Section 35 and inserting in lieu thereof the figure `$295,000.00', so that said Section 35 when so amended shall read as follows: Section 35. (a) Military Department. For the cost of operating the Military Department and aid to military organizations, $295,000.00. Military Department. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1950. PRISON SYSTEMAPPROPRIATIONS. No. 779 (House Bill No. 1037). An Act to amend the Act known as the General Appropriations Act, approved February 25, 1949 (Georgia Laws 1949, page 1506), so as to increase the appropriation provided for the cost of operating the State prison institution system; 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 an Act entitled An Act to make appropriations

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for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for roads and for all other governmental activities authorized by law for the fiscal year ending June 30, 1950 and for each and every fiscal year thereafter until repealed by law; to provide appropriations for the period January 1, 1949, to June 30, 1949; to provide for the control and administration of the funds, to provide for the qualifications of a public officer before the funds appropriated herein are available; and to repeal conflicting laws, approved February 25, 1949, (Georgia Laws 1949, page 1506), is hereby amended by striking from Section 12 thereof the figure $750,000.00, and substituting in lieu thereof the figure $950,000.00, so that said Section 12, when so amended, shall read as follows: Section 12. For the cost of operating the State prison institution system, $950,000.00. Prison system. Section 2. That said General Appropriations Act is further amended by striking the figure $108,574,026.03 as it appears on page 1520 of the published Acts of 1949, and substituting in lieu thereof the figure $108,774,026.03. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 18, 1950. MEDICAL LICENSES TO ALIENS. Code 84-927 amended. No. 780 (House Bill No. 1056). An Act to repeal Code Section 84-927 relating to the authority of the State Board of Medical Examiners of Georgia to issue temporary licenses to certain aliens and substitute therefore a new Code Section 84-927 which will permit the State Board of Medical Examiners of Georgia to issue temporary licenses

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to certain aliens, to fix the terms and conditions thereof, to fix the maximum limit for such temporary license to persons who have filed their declaration of intention to become a citizen of the United States of America, to provide for examination for permanent licenses to practice medicine; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. Code Section 84-927, which reads as follows: Temporary licenses to certain aliens; eligibility for permanent licenses. Notwithstanding the foregoing provisions, any person residing in Georgia at the time of the passage of this law and who has been a resident of Georgia not less than three months, and who has been a practicing physician in a foreign state or country for at least 20 years, and can show that he is a graduate of a medical school approved by the Association of American Medical Colleges, or the State Board of Medical Examiners of Georgia, and who shall have filed his first citizenship papers, shall be entitled to take the examination given by the Medical Board to applicants for a license to practice medicine in this State, and upon passing such examination shall be entitled to a temporary license to practice medicine in this State, which license shall be good for six years only; at the end of six years if such person shall have become a naturalized citizen of the United States a permanent license shall be issued him; if he has not become a naturalized citizen no further license shall be issued him. (Acts 1939, pp. 319, 320), is hereby repealed in its entirety, and the following section is substituted in lieu thereof: Code 84-927 amended. 84-927. Temporary licenses to certain aliens, eligibility for permanent licenses.Notwithstanding the foregoing provisions, any person residing in Georgia who has been a resident of Georgia not less than three months, and can show that he is of good moral character and that he is a graduate of a medical school approved by the Association of American Medical Colleges, and/or the State Board of Medical Examiners of Georgia, and who shall have filed his declaration of intention to become a citizen of the United States of America may be granted a

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temporary license to practice medicine in a State institution under proper medical supervision, which temporary license, at the sound discretion of the State Board of Medical Examiners may be renewed each twelve months for not more than six years; when such person shall have become a naturalized citizen of the United States he will be eligible for examination for permanent license provided his moral and educational standards are still acceptable to the State Board of Medical Examiners; and at the end of six years if such person has not become a naturalized citizen he shall not be permitted to take the examination nor shall further temporary license be issued to him. Temporary licenses to certain aliens, eligibility for permanent licenses. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 18, 1950. PARKS DEPARTMENTAPPROPRIATIONS. No. 784 (House Bill No. 1098) An Act to amend the Act known as the General Appropriations Act, approved February 25, 1949 (Ga. Laws 1949, page 1506) so as to appropriate an additional twenty-five thousand dollars ($25,000.00) to the Department of Parks for the purpose of constructing bathhouse facilities at the Allatoona Dam subimpoundment recreational area in Cobb County; 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 an Act entitled An Act to make appropriations for the operation of the State Government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State, for aid to the counties for roads and for all other governmental activities authorized by law for the fiscal year ending June 30, 1950 and for each and every fiscal year thereafter until repealed by

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law; to provide appropriations for the period January 1, 1949 to June 30, 1949; to provide for the control and administration of the funds, to provide for the qualifications of a public officer before the funds appropriated herein are available; and to repeal conflicting laws, approved February 25, 1949 (Ga. Laws 1949, page 1506) is hereby amended by striking from Section 28 thereof, Paragraph (e) which reads as follows: (e) For cost of operating Department of Parks, $268,000.00. Provided that of this appropriation an amount of not less than $50,000.00 shall be expended each year in the development of Kolomoki State Park and Indian Mounds. and substituting in lieu thereof a new Paragraph (e), so that said Paragraph (e) of Section 28 shall read as follows: (e) For cost of operating Department of Parks including the sum of $25,000.00 for construction of bathhouse facilities, improvement of beaches, the improvement of access roads thereto, at the Allatoona Dam subimpoundment recreational area in Cobb County, $293,000.00. Provided that of this appropriation an amount of not less than $50,000.00 shall be expended each year in the development of the Kolomoki State Park and Indian Mounds. Allatoona Dam recreational area in Cobb County. Section 2. That said General Appropriations Act is further amended by striking the figure $108,574,026.03 as it appears on page 1520 of the Acts of 1949, and substituting in lieu thereof the figure $108,599,026.03. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1950. DIVORCE ACTIONSTRANSFER OF REAL PROPERTY BY HUSBAND AFTER SUIT FILED. Code 30-112 amended. No. 787 (House Bill No. 1109). An Act to amend Code Section 30-112 of the Code of Georgia of 1933, to provide that the title to real property shall not

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be affected by the filing of a suit for divorce unless there shall have been filed in the office of the clerk of the superior court of the county where such real property is situated and recorded by such clerk in a book kept by him for that purpose, a notice of lis pendens as provided for by Section 67-2801 of the Code of Georgia of 1933 (Georgia Laws 1939, pages 345-346), and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 30-112 of the Code of Georgia of 1933, be and it is hereby amended by adding at the end of the said section as it now exists the following: Provided, however, that the title to real property shall not be affected by the filing of a suit for divorce unless there shall have been filed in the office of the clerk of the superior court of the county where such real property is situated, and recorded by such clerk in a book kept by him for that purpose, a notice of lis pendens as provided for by Section 67-2801 of the Code of Georgia of 1933 (Georgia Laws 1939, pages 345-346), so that Section 30-112 of the Code of Georgia of 1933, will read as follows: Code 30-112. After suit for divorce has been filed, no transfer by the husband of the property, except bona fide in payment of preexisting debts, shall pass title so as to avoid the vesting thereof according to the final verdict of the jury in the cause; Provided, however, that the title to real property shall not be affected by the filing of a suit for divorce unless there shall have been filed in the office of the clerk of the superior court where such real property is situated and recorded by such clerk in a book kept by him for that purpose, a notice of lis pendens as provided for by Section 67-2801 of the Code of Georgia of 1933, (Georgia Laws 1939, pages 345-346). Transfer of real property by husband after filing of divorce action. Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 17, 1950.

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JUVENILE COURT ACT. Code Ch. 24-24 amended. No. 788 (Senate Bill No. 181). An Act to repeal the Act creating juvenile courts in certain counties, approved August 16, 1915 (Georgia Laws 1915, page 35), as amended by an Act approved August 19, 1916 (Georgia Laws 1916, page 58), and as further amended by an Act approved March 22, 1935 (Georgia Laws 1935, page 399), all of which Acts are codified as Chapter 24-24 of the Code of Georgia; to establish state-wide district juvenile courts; definitions and construction; juvenile court districts; judge: appointment, eligibility, term, salary; appointment of referees; appointment of employees, salaries; duties and powers of employees; jurisdiction, children, minors; transfer from other courts; transfer to other courts; information, petition, investigation; summons, notice, custody of child; service of summons; failure to obey summons, warrants; apprehension and release of children, detention; detention accommodations; hearing; decree; protection of religious affiliations; guardian of property, custody and direction of said child; civil liability of said child; support of child; termination of parental rights; contributing to the neglect or delinquency of minor child by adult; bond and punishment; contempt of court; certiorari, supersedeas; court sessions, quarters; court and witness fees; records, forms, privileged information; cooperation of municipalities and societies; advisory board, appointment, duties, compensation, term of office; juvenile court council; severability; repeal of 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 an Act entitled An Act to establish in certain counties juvenile courts with jurisdiction to adjudicate upon all children under sixteen years of age, who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention

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home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers and compensation of the judge, the probation officer, and the other officers of said court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect, and for other purposes, approved August 16, 1915 (Georgia Laws 1915, page 35), and the Act amending same approved August 19, 1916 (Georgia Laws 1916, page 58), and the Act further amending same approved March 22, 1935 (Georgia Laws 1935, page 399), all of which Acts are codified as Chapter 24-24 of the Code of Georgia, are hereby repealed in their entirety. Code Ch. 24-24 amended. Section II. Establishment of state-wide district juvenile courts. There is hereby established for the State of Georgia a court to be called the juvenile court; said court shall have original and exclusive jurisdiction of all cases coming within the terms and provisions of this Chapter. The juvenile court shall have a seal and the judge, clerk and referees thereof shall have power to administer oaths and affirmations. State-wide juvenile courts. Section III. Definitions and construction. This chapter shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purpose herein set forth. It is the intention of this chapter that in all proceedings coming under its provisions the court shall proceed upon the theory that the child to whom this legislation is applicable 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. When used in this Act, unless the context otherwise requires, (a) Court means juvenile court; (b) Judge means judge of the juvenile court; (c) Child means a person less than seventeen years of age; (d) Adult means a person seventeen years of age or older; (e) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of the Act. Definition and construction. Section IV. Juvenile court districts. The entire State is divided into twenty-three juvenile court districts with jurisdiction, powers, duties and responsibilities as hereinafter set out, as follows: Juvenile court districts.

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(1) Composed of the counties of Dade, Walker, Catoosa, Whitfield, Murray, Chattooga and Floyd. (2) Composed of the counties of Fannin, Gilmer, Gordon, Bartow, Pickens and Cherokee. (3) Composed of the counties of Union, Towns, Rabun, Lumpkin, White, Habersham, Stephens, Dawson, Hall and Forsyth. (4) Composed of the counties of Polk, Paulding, Cobb, Haralson, Douglas and Carroll. (5) Composed of the county of Fulton. (6) Composed of the counties of DeKalb, Clayton, Rockdale and Newton. (7) Composed of the counties of Gwinnett, Barrow, Jackson, Walton, Oconee, Morgan and Banks. (8) Composed of the counties of Franklin, Hart, Madison, Elbert, Clarke, Oglethorpe, Wilkes and Lincoln. (9) Composed of the counties of Heard, Coweta, Fayette, Spalding, Troup, Meriwether, Pike and Upson. (10) Composed of the counties of Henry, Butts, Jasper, Putnam, Lamar, Monroe and Jones. (11) Composed of the counties of Taliaferro, Warren, McDuffie, Hancock, Glascock, Jefferson, Baldwin, Washington and Greene. (12) Composed of the counties of Columbia, Richmond, and Burke. (13) Composed of the counties of Harris, Talbot, Taylor, Muscogee, Chattahoochee and Marion. (14) Composed of the counties of Crawford, Bibb, Peach and Houston. (15) Composed of the counties of Twiggs, Wilkinson, Johnson, Bleckley, Laurens, Treutlen, Pulaski, Dodge, Wheeler, Montgomery and Telfair. (16) Composed of the counties of Emanuel, Jenkins, Screven, Candler, Bulloch, Effingham, Toombs, Tattnall and Evans.

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(17) Composed of the counties of Chatham, Bryan, Liberty and Long. (18) Composed of the counties of Stewart, Webster, Schley, Macon, Sumter, Dooly, Quitman, Randolph, Terrell, Lee, Crisp and Clay. (19) Composed of the counties of Wilcox, Worth, Turner, Ben Hill, Irwin, Tift, Coffee, Jeff Davis and Atkinson. (20) Composed of the counties of Appling, Wayne, McIntosh, Brantley, Glynn, and Camden. (21) Composed of the counties of Calhoun, Dougherty, Early, Baker, Miller, Mitchell, Seminole, Decatur and Grady. (22) Composed of the counties of Colquitt, Cook, Berrien, Thomas, Brooks and Lowndes. (23) Composed of the counties of Bacon, Pierce, Ware, Lanier, Clinch, Charlton and Echols. Section V. Judge: appointment, eligibility, term, salary. (1) The judge of each juvenile court shall be appointed by the Governor within thirty (30) days from the effective date of this Act. Said appointment shall be certified to the Secretary of State, who in turn shall issue a commission to the appointed judge. Provided the Governor shall be required to appoint for the first term under this Act any juvenile court judge now serving a complete district as set up in this Act, under the present law. Judge, Appointment. (2) Any attorney at law who has practiced for three or more years or anyone who has had practical experience in and understanding of problems of family and child welfare, juvenile delinquency and community organization shall be eligible to hold office as judge of said court. Eligibility. (3) The term of the judge of a juvenile court shall be six years and/or until his successor is duly appointed. Term. (4) Compensation of the judge shall be five thousand ($5,000.00) dollars per annum, to be paid by the State. Provided: that upon the recommendation of a majority of the several boards of county commissioners, or of ordinaries in

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counties which have no board of county commissioners, of the counties embraced within the juvenile court district, such salary shall be augmented by the counties comprising the juvenile court district and to be prorated in accordance with the population of each county and paid from county funds; further provided that those counties in which juvenile courts are now organized and are being paid out of county funds may, on approval of the county commissioner or other governing authority continue to pay the salary of the judge and other personnel and operating expenses of the court in the amounts and under the same rules and regulations as are now being paid, provided the combined salary paid to the judge by the county and State shall not exceed the maximum amount paid to superior court judges serving in the district, in which instance the county shall deduct that amount which is in excess of the maximum salary being paid to superior court judges. The State shall pay the expenses of all juvenile court judges when outside of their home county in the same manner and form as paid to the superior court judges. Compensation. (5) In the event a juvenile court district judge is absent for a period of more than three months, the superior court judges shall appoint a temporary judge to serve until such time as the regularly appointed judge is able to assume his responsibilities, during which period the regularly appointed judge shall be declared on a leave of absence without pay and the judge temporarily serving shall be compensated on the same basis as the regularly appointed judge. Temporary judge. (6) In the event of disqualification, illness, or absence of the judge of the juvenile court, upon his request if he is able to make it, otherwise upon the request of the judges of the superior court, or a majority of them, whose circuits embrace in whole or in part such district, the ordinary of any county, or the judge of the city court of any county, or any person, residing in any county of such district, shall be appointed pro tempore as the judge of the juvenile court, and shall have the authority to preside in the stead of said disqualified, ill, or absent judge. Judge pro tem. Section VI. Appointment of referees. The judge may appoint a suitable person or persons to act as referee or referees, to hold office during the pleasure of the judge. Such referees shall

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be qualified for their duties by training and experience. The judge may direct that any case, or all cases of a class or within a district to be designated by him, shall be heard in the first instance by a referee in the manner provided for the hearing of cases by the court. Upon the conclusion of the hearing in each case, the referee shall transmit to the judge all papers relating to the case together with his findings and recommendations in writing. Notice of the referee's findings and recommendations shall be given to the parent, guardian or custodian of any child or to any other person concerned whose case has been heard by a referee. A hearing by the judge shall be allowed when such person files with the court a request for such hearing; Provided, that the request is filed within three days after such notice. Such hearing shall be treated as an appeal from the decision of the referee and upon the same evidence; Provided, that new or newly discovered evidence may be admitted in the discretion of the judge. In case no hearing before the judge is requested, or when the right to such hearing is waived, the findings and recommendations of the referee, when confirmed by an order of the judge, shall become the decree of the court. Referees. Hearing. Appeal to judge. Section VII. Appointment of employees, salaries. (1) The judge shall designate the title and appoint a sufficient number of probation officers, detention home staff, clerical workers and other personnel necessary in the performance of this Act. All appointments of State-paid employees are to be made from eligible lists furnished by the State Merit Board. All other appointments shall be made from eligible lists secured from the local merit board in those counties where such board exists or from lists established by competitive examinations conducted by the court. Their appointment, salary, tenure and all other conditions of their employment shall be in accordance with the laws and regulations governing the merit system under which operated or such rules and regulations established by the court. All personnel now employed shall be retained at the discretion of the judge. Employees. (2) The salary of at least one probation officer of each district shall be paid out of State funds, beginning at a minimum salary of $250.00 per month and to be increased by a regular

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meritorious increment to a maximum of $320.00 per month after a five year period of service. Probation officers of the courts who are provided by the State shall be paid mileage in accordance with the State law governing mileage for use of their automobiles in conducting business of the court and if in other than their home county on official business, shall be paid any other actual expense incurred for food or lodging. Payments by State. (3) All other probation officers and other personnel appointed by the judge shall be paid out of county funds and in such cases where a probation officer or other personnel are required to serve in more than one county, their salaries shall be prorated by the counties served and paid out of county funds on a pro rata basis. Payments by counties. (4) In order to implement Section 7 (3) making the local county responsible for the expenses of operating the juvenile court and providing adequate detention facilities, one of the following conditions shall be met: (a) The annual budget to be incurred by the court must receive the approval of the county authority charged with administering the funds of the county; (5) The judge may appoint a volunteer probation officer to serve without compensation, subject to such regulations and directions as the court may deem proper. (6) Any probation officer may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing. Section VIII. Duties and powers of employees. (1) Administrative and professional personnel shall be under the direct supervision of the judge or his duly appointed supervisor and shall be charged with the execution of all orders and assignments necessary in the performance of this Act. Duties. (2) It shall be the duty of the probation officer to make such investigation of the child as may be required by the court; to be present in court at the hearing of all cases and to furnish to the court such information and assistance as the judge may require; to take charge of any child before and after hearing

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as may be directed by the court. Probation officers shall have all the powers of peace officers in any county in the State of Georgia for performing the purpose and executing the orders arising under this Chapter. During the probationary period of any child and during the time that said child may be committed to any institution or the care of any association or person for custodial or disciplinary purposes, said child shall always be subject to the friendly visitation of the probation officer or other agent of the court. Probation officer. Section IX. Jurisdiction, children, minors. The district juvenile court shall have jurisdiction concerning any child living or found within the district: Jurisdiction. (1) Who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological or other care necessary for his well-being; or who is abandoned by his parent or other custodian. (2) Whose occupation, behavior, condition, environment or associations are such as to injure or endanger his welfare or that of others. (3) Who is beyond the control of his parents or other custodian. (4) Who is alleged to have violated or attempted to violate any Federal, State or local law or municipal ordinance, regardless of where the violation occurred. (5) Whose custody is the subject of controversy except in those cases where the law now gives courts of record exclusive jurisdiction. In the consideration of these cases, the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when said issue is transferred by proper order of record. (6) Whenever any such juvenile court shall have acquired the jurisdiction of any child under 17 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. Concerning any minor 17 years of age or older, living or found within the

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county, alleged to have violated or attempted to violate any Federal, State or local law or municipal ordinance prior to having become 17 years of age, such a minor shall be dealt with under the provisions of this Act relating to children. Section X. Transfer from other courts. (1) If, during the pendency of a criminal or quasi-criminal charge against any minor in any other court, it shall be ascertained that the minor was under the age of 17 years at the time of committing the alleged offense, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile court except in those cases where the Constitution gives to the superior court original jurisdiction. In these cases the superior court may transfer them to the juvenile court for disposition. The court making such transfer shall order the minor to be taken forthwith to the place of detention designated by the juvenile court or to that court itself, or release such minor to the custody of some suitable person to be brought before the court at a time designated. The court shall then proceed as provided in this Act. Transfer from other courts. (2) Courts of record in handling divorce or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation and determination or for investigation and report back to the superior court. The juvenile court then shall proceed to investigate and determine the matter in the same manner as though the action originated under this Act. Divorce and habeas corpus cases. Investigation by juvenile court. Section XI. Transfer to other courts. If a child 16 years of age or older is charged with an offense which would be a felony if committed by an adult, and if the court after full investigation deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may in its discretion certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult. Transfer to other courts. Section XII. Information, petition, investigation. Whenever any person informs the court that a child is within the purview

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of this Act, the court shall make a preliminary inquiry to determine whether the interests of the public or of the child require that further action be taken. Thereupon the court may make such information adjustment as is practical without a petition, or may authorize a petition to be filed by any person. The petition and all subsequent court documents shall be entitled In the Juvenile Court of the..... District. In the interest of a child under seventeen years of age. The petition shall be verified and may be upon information and belief. It shall set forth plainly: Information. Petition. (1) the facts which bring the child within the purview of this Act; (2) the name, age and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian if there be one; (5) of the person or persons having custody or control of the child; (6) of the nearest known relative if no parent or guardian can be found. If any of the facts herein required are not known by petitioner, the petition shall so state. Prior to the hearing of a case of any child, the judge may cause an investigation of all the facts pertaining to the issue to be made. Such investigation shall consist of an examination of the parentage and surroundings of the child, his age, habits and history, and shall include also any inquiry into the home conditions, habits and character of his parents or guardian. In such cases the court shall also, if practicable, cause the child to be examined as to his mentality by a competent and experienced psychologist who shall make a report of his findings. Prior to the hearing in the case of any child, if such child attends school, there shall be obtained from the school which he attends, a report concerning him. The school officials shall furnish such report upon the request of the court or its probation officer. The court shall, when it is considered necessary, cause a complete physical examination to be made of the child by a competent physician. Investigation.

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In the determination of any such case, a written report of any such investigation may be admissible as evidence. Section XIII. Summons, notice, custody of child. After a petition shall have been filed and after such further investigation as the court may direct, unless the parties named shall appear voluntarily, the court shall issue a summons reciting briefly the substance of the petition and requiring the person or persons who have the custody or control of the child to appear personally and bring the child before the court at a time and place stated. If the person so summoned shall be other than a parent or guardian of the child, then the parent or guardian or both shall be notified of the pendency of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter provided. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary. If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the judge may order, by endorsement upon the summons, that the officer serving the same shall at once take the child into custody. Summons. Notice. Custody of child. Section XIV. Service of summons. Service of summons shall be made personally by the delivery of an attested copy thereof to the person summoned; Provided, that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight hours before the time fixed in the summons for the return thereof. Service of summons, process or notice required by this Act may be made by any suitable person under the direction of the court, and upon request of the court shall be made by any peace officer. Service. Section XV. Failure to obey summons, warrants. If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. Failure to obey summons.

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In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the child requires that he shall be brought forthwith into the custody of the court, a warrant or capias may be issued for the parent, guardian or the child. Warrant. Section XVI. Apprehension and release of children; detention. Any child found violating any law or ordinance, or whose surroundings are such as to endanger his welfare, may be taken into custody by a peace officer or court officer. Such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. When a child is so taken into custody, such officer shall notify the parent, guardian or custodian of the child as soon as possible. Whenever possible, unless otherwise ordered by the court, such child may be released to the custody of his parents or other responsible adult upon the written promise, signed by such person, to bring the child to the court at a stated time or at such time as the court may direct. Such written promise, accompanied by a written report by the officer, shall be submitted to the court as soon as possible. If such person shall fail to produce the child as agreed or upon notice from the court, a summons or a warrant may be issued for the apprehension of such person or of the child. If the child is not released as hereinabove provided, such child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and as soon as possible thereafter the fact of such detention shall be reported to the court, accompanied by a written report by the officer taking into custody stating (1) facts of the offense, and (2) reasons why the child is not released to the parents. Pending further disposition of the case the court may release such child to the custody of the parent or other person or may detain the child in such place as the court shall designate, subject to further order, but no child shall be held in detention longer than two days unless a petition is filed and an order for such detention is signed by the judge. Apprehension and release of children. Detention. No child shall be transported in any police vehicle which also contains adults under arrest. No child shall at any time be

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detained in any police station, lockup, jail or prison; except that, by order of the judge in which the reasons therefor shall be specified, a child 16 years of age or older whose conduct or condition is such as to endanger his safety or welfare or that of others in the detention facility for children may be placed in a jail or other place of detention for adults, but in a room or ward entirely separate from adults confined therein. Prohibitions. All girls embraced within the provisions of this Chapter who shall be committed to or released from any institution shall be taken to and from such institution by a woman, except when ordered otherwise by the judge. Provisions regarding bail shall be not applicable to children detained in accordance with the provisions of this Act. Neither the fingerprints nor a photograph shall be taken of any child taken into custody for any purpose, without the consent of the judge. Peace officers' records of children shall be kept separate from records of adults and shall not be open to public inspection. Section XVII. Detention accommodations. Provision shall be made for a detention home or homes for the temporary detention of children, to be conducted by the court, or subject to the approval and supervision of the court, by other appropriate public agency; or the court may arrange for the use of private homes for such detention, subject to the supervision of the court or other agency, or may arrange with any institution or agency to receive for temporary care and custody children within the jurisdiction of the court. When a detention home is established as an agency of the court, necessary professional and other employees for such home shall be appointed in the same manner as is provided for the appointment of other employees of the court. The counties comprising a juvenile court district may provide a central detention facility with the expense of such operation being divided on a pro rata basis according to the population of the counties served. All expenses incurred in providing detention facilities for children coming within the provisions of this Act shall be paid out of county funds, subject to the provisions as set forth in Section 7 (d). Detention accommodations.

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Section XVIII. Hearing. All cases of children shall be dealt with at separate hearings by the court and without a jury. The hearings shall be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or other transcript of the hearings shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as the judge shall find to have a direct interest in the case or in the work of the court. The presence of the child in court may be waived by the court at any stage of the proceedings. Hearings may be held at any time or place within the district designated by the judge. Hearings. Section XIX. When a child is found by the court to come within the provisions of Section 9 of this Act, the court shall so decree and in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over such child. Upon such decree the court may be order duly entered proceed as follows: (1) Place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere upon such conditions as the court shall determine. Probation shall mean casework services during a continuance of the case. Probation shall not be ordered or administered as a punishment but as a measure for the protection, guidance and well-being of the child and his family. Probation methods shall be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. Probation. (2) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes, or under the guardianship of a suitable person. Such commitment shall be for an indeterminate period but in no event shall continue beyond the child's twenty-first birthday. In committing a child to a private institution or agency the court shall select one that is approved by the State Board of Public Welfare. Commitment to guardianship of institution. (3) When conditions and circumstances warrant the termination of parental rights, the court may take custody of the

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child or children involved for suitable placement or adoption and may act in loco parentis in all matters pertaining to their interests. In such cases the court shall act as guardian of the person and property of the child or children involved. Termination of parental rights. (4) The court may cause any child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist or psychologist, and for such purpose may place the child in a hospital or suitable facility. Examinations and treatment. (5) Order such other case and treatment as the court may deem best except as herein otherwise provided. In support of any order or decree the court may require the parents or other persons having the custody of the child or any other person who has been found by the court to be encouraging, causing or contributing to the acts or conditions which bring the child within the purview of this Act to do or omit to do any such acts when the judge deems such requirement necessary for the welfare of the child. In case of failure to comply with requirement, the court may proceed against such parents for contempt of court. Power of court, enforcement of decrees. Contempts. (6) The court may dismiss the petition or otherwise terminate its jurisdiction at any time. No adjudication by the court of the status of any child shall be deemed a conviction, nor shall adjudication operate to impose any of the civil disabilities ordinarily resulting from conviction nor shall any child be found guilty or be deemed a criminal by reason of such adjudication nor shall any child be charged with crime or convicted by any court, except as provided in Section 11 of this Act. The disposition made of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment. Whenever the court shall commit a child to any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning such child as the court may at any time require. Adjudication not conviction, etc. Section XX. Protection of religious affiliations. In placing a child under the guardianship or custody of an individual or of a private agency or institution, the court shall whenever practicable select a person or an agency or institution governed by

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persons of the same religious faith as that of the parents of such child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents. Protection of religious affiliations. Section XXI. Guardian of property, custody and direction of said child. Whenever in the course of a proceeding instituted under this Chapter, it shall appear to the court that the welfare of a child will be promoted by the appointment of an individual as general guardian of his person and property, the court shall have jurisdiction to make such appointment. Guardians. Section XXII. Civil liability of said child. 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 liability, restitution or reparation. Section XXIII. Support of child. Whenever a child is removed from the custody of his parents by order of the court, or is given medical, psychological or psychiatric treatment under order of the court and no provision is otherwise made by law for the support of such child, compensation for the care and treatment of such child, when approved by order of the court, shall be a charge upon the county of its residence. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay in such manner as the court may direct such sum within his ability to pay, as will cover in whole or in part the support and treatment of such child. If such parent shall wilfully fail or refuse to pay such sum, the court may proceed against him as for contempt. In cases where it appears that the parent has abandoned his or her minor child, having failed to provide for its care and maintenance, same having been furnished by a third party, the court shall have jurisdiction to require that the parent or guardian of said child reimburse the third party for such care and maintenance, in the amount as determined by the court; said payment to be made in accordance with the order of the court.

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Parent or guardian failing to make such payments shall be proceeded against as for contempt. Support of child. Section XXIV. Termination of parental rights. Whenever in the course of a proceeding instituted under Section 12 of this Act, it shall appear to the court that the parents or the surviving parent of the child, or the mother of a child born out of wedlock, have abandoned such child or have substantially and continuously or repeatedly refused, or being financial able have neglected to give such child parental care and protection; or that such parent or parents are unfit by reason of their conduct or condition being seriously detrimental to the said child, the court shall have jurisdiction to transfer the permanent care, control and custody of such child to some other person, agency or institution, and may terminate all rights of such parent or parents with reference to such child, and also may appoint a guardian for the person of such child. Such transfer or termination shall be made only after a hearing before the court and the court shall cause notice of the time, place and purpose of such hearing to be served on such parent or parents personally at least 3 days prior to the date of hearing; or if the court is satisfied that personal service cannot be effected, then by publication thereof in a newspaper in the county once a week for three weeks prior to the date of hearing. Termination of parental rights. Upon the application of the parents or the surviving parent, or the mother of a child born out of wedlock, the court may order the transfer of the permanent care, control and custody of such child, and if it appears wise, the termination of all the rights of a parent or the parents with reference to such child, provided the court after a hearing finds such transfer or termination to be in the best interests of the child. Every order of the court transferring the permanent care, control and custody of a child or terminating the rights of the parents or of a parent with reference to a child shall be in writing and shall recite the jurisdictional facts. Such order shall be conclusive and binding on all persons and in all proceedings after 30 days unless the judgment of the court is contested by certiorari as provided by law. Section XXV. Contributing to the neglect or delinquency of minor child by adult; bond and punishment. Whenever in

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the course of any proceedings instituted under this Chapter, 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 as set forth in Section 9 (1), (2), (3), (4), (5), such parent, guardian or other person shall be guilty of a misdemeanor. The juvenile court shall have commitment 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, and where the evidence justifies, the court may order said parent or person held in lieu of bond and to appear before a court of competent jurisdiction to be tried in the manner provided by law for the trial of misdemeanors and upon conviction of such parent, guardian or other person, may be punished as provided by law in cases of misdemeanor. Contributing to neglect or delinquency. Punishment. Section XXVI. Contempt of court. Any adult who wilfully violates, neglects or refuses to obey or perform any lawful order of the court, or who violates any provision of this Act, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine not to exceed two hundred ($200.00) dollars or by imprisonment not to exceed 20 days, or by both such fine and imprisonment. Contempts. Section XXVII. Any person being a party to an action either civil or criminal within the jurisdiction of this court shall have the right of appeal to a jury in the superior court under the same rules and regulations that are now in force for appeals from justice or other inferior courts to a jury trial in the superior court. Appeal. Section XXVIII. Court sessions, quarters. Sessions of the court shall be held at such places throughout the district as the court shall from time to time determine. Suitable quarters shall be provided by the local authority of the county for the hearing of cases and for the use of the judge and other employees of the court. Venue shall operate on a district basis in all matters coming under this Chapter. Sessions, quarters.

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Section XXIX. Court and witness fees. In proceedings under this Act, no court fee shall be charged against, and no witness fees shall be allowed to any party to a petition. No officer of the State or of any political subdivision thereof shall be entitled to receive any fee for the service of process or for attendance in court in any such proceedings. All other persons acting under orders of the court may be paid for services or service of process and attendance or serving as witnesses, the fees provided by law for like services in cases before the superior court, to be paid from the appropriation provided when the allowances are certified to by the judge. Court and witness fees. Section XXX. Records, forms, privileged information. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The court's official records shall be open to inspection only by consent of the judge to persons having a legitimate interest therein. All information obtained and social records prepared in the discharge of official duty by any employee of the court shall be privileged and shall not be disclosed directly or indirectly to anyone other than the judge or others entitled under this Act to receive such information, unless and until otherwise ordered by the judge. The name or picture of any child under the jurisdiction of the court shall not be made public by any newspaper or radio station except as authorized by order of the court. Any person who violates this provision shall be guilty of a misdemeanor. Records. Information privileged. Section XXXI. Cooperation of municipalities and societies. 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 delinquents 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 Chapter. All institutions, associations or other custodial agencies in which any child may be, coming within

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the provisions of this Chapter, 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 purpose of this Chapter. Cooperation of municipalities and societies. Section XXXII. Advisory board, appointment, duties, compensation, term of office. The judge of each juvenile court district shall appoint a board, consisting of equal representation from each of the counties comprising the juvenile court district, who shall serve without compensation or salary of any kind whatsoever, to be called the advisory board of the juvenile court. The members of this board shall hold office during the pleasure of the court. The duties of said board shall be as follows: Advisory board. (1) To visit as often as possible all institutions, societies or associations receiving children under this Chapter. Such visits shall be made by not less than two members of said board, who shall go together and make a report, and said board shall report to the court from time to time the conditions of children received by or in charge of any persons, institutions or associations and shall make an annual report to the judge of said court. (2) To advise and cooperate with the court upon all matters affecting the workings of this Chapter and to recommend to the court any and all needful measures for the purpose of carrying out the provisions of this Chapter. Section XXXIII. Juvenile court council. The judges of all of the juvenile court districts shall constitute the juvenile court council of the State, organizing itself as a functioning unit with such officers and rules and regulations as shall facilitate in the uniform operation of this Chapter. The council shall have a regularly called meeting at least once a year, the time and place thereof to be selected by a majority vote of said judges. The council shall appoint an executive officer to serve as an executive secretary to the council and whose duty shall be: To collect and compile statistics; to make an annual report to the Governor pertaining to the work of all juvenile court activities of the State; and to perform all such other duties as council may direct. The salary shall be fixed by the council but not to exceed forty-eight hundred ($4,800.00) dollars per annum. Appointment shall be made in accordance with the rules and

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regulations as set forth in Section 7 (1) of this Chapter. The council shall elect a chairman and vice-chairman and three other members to serve as an executive committee with the authority to transact the business of the council when not in session. The council, acting in accordance with a vote of a majority of its members, shall establish, devise and publish rules and regulations concerning the procedure for all cases coming within the provisions of this Chapter and throughout the State and for the conduct of all probation and other officers of the court, and such rules shall be enforced and construed beneficially throughout the State for the remedial purposes embraced therein. The council may devise and cause to be printed for public use such forms for records and for various petitions, orders, processes and other papers and reports connected with cases coming within the provisions of this Chapter. All expenses incurred by the council of judges in complying with the provisions of this Chapter shall be paid by the State. In the event a judge of any juvenile court district is for any reason temporarily unable to perform the duties of his office, another juvenile court district judge shall perform these duties in his absence. The chairman of the council of judges, upon the request of any of the districts, shall have the authority to make such assignment. Juvenile court council. Section XXXIV. If any section or sections of this Act are declared unconstitutional by a court of competent jurisdiction, it shall not affect the validity of the remaining sections. In part invalid. Section XXXV. This Act shall become effective January 1, 1951. Effective date. Section XXXVI. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 18, 1950. CHILDRENMOLESTATION. No. 790 (House Bill No. 127). An Act to make it a criminal offense for any person to take, or attempt to take any immoral, improper or indecent liberties

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with a child of either sex, under the age of 16 years; to provide penalties for violation of this Act; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Any person who shall take, or attempt to take any immoral, improper, of indecent liberties with any child of either sex, under the age of sixteen years, with intent of arousing, appealing to, or gratifying the lust or passions or sexual desires, either of such person or of such child, or of both such person and such child, or who shall commit, or attempt to commit, any lewd or lascivious act upon or with the body, or any part or member thereof, of such child, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires, either of such person or of such child, or of both such person and such child shall be imprisoned in a penitentiary, not less than one year nor more than five years. Criminal acts. Section 2. Any such person who shall, in the State of Georgia, take any such child or shall entice, allure, or persuade any such child, to any place whatever for the purpose either of taking any such immoral, improper, or indecent liberties with such child, with said intent or of committing any such lewd, or lascivious act upon or with the body, or any part or member thereof, of such child with said intent, shall be imprisoned in the penitentiary not less than one year nor more than five years. Punishment. Section 3. Consent by a child to any act or conduct prescribed by Sections I and II shall not be a defense, nor shall lack of knowledge of the child's age be a defense. Consent not defense. Section 4. To repeal all laws or parts of laws in conflict herewith. Approved February 17, 1950.

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SHRIMP, PRAWNS AND CRABSTRANSPORTING BEYOND STATE WITHOUT PAYING TAX. No. 793 (House Bill No. 569). An Act to amend an Act, approved August 8, 1924, (Georgia Laws 1924, pp. 101-117), entitled: An Act to revise and amend the game and fish laws of the State of Georgia; to create a State Board of Game and Fish, to prescribe their duties and to provide for their compensation; to provide for a State Commissioner of Game and Fish and a Tidewater Commissioner, who shall be ex officio Assistant Commissioner of Game and Fish, to prescribe their power and duties, and to provide for their compensation; to provide for county game and fish wardens and tidewater patrolmen and inspectors, and to prescribe their powers and duties and to provide for their compensation; to provide that all powers and authority now vested in the State Department of Game and Fish shall be vested in the State Board of Game and Fish hereby created; to provide for the leasing of State-owned oyster lands; to provide for the State supervision and protection and development of the fish and oyster industry and game of the State; to provide revenue therefor; to provide penalties for violation of this Act, and for other purposes, by striking all of Section 18 therefrom, (page 109 of said Act), and inserting in lieu thereof a new section to be numbered Section 18; to provide penalties for violation hereof; 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 thereof, that Section 18 of Georgia Laws 1924, pp. 101-117, approved August 8, 1924, which reads as follows to wit: Be it further enacted, That it shall be unlawful for any person to take or catch fish or prawn in this State and transport same beyond the limits of this State without first bringing the same into some Georgia port, having the same weighed by the Tidewater Commissioner or his authorized inspector or other assistant, and paying the tax thereon before the same are permitted to leave the boundaries of this State. Any person violating the provision of this section shall, upon conviction, be punished as for a misdemeanor., be and

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the same is hereby stricken in its entirety, and that there be inserted in lieu thereof a new section, to be numbered Section 18, and to read as follows: Sec. 18, Act of 1924, amended. Section 18. Be it further enacted by the authority aforesaid, that it shall be unlawful for any person to take or catch shrimp, prawn or crabs in this State and transport the same beyond the limits of this State without first bringing the same into some Georgia port, having the same weighed by the Director of Fish and Game or his authorized agent, officer or employee, and paying the tax thereon provided by law before the same are permitted to leave the boundaries of this State. Any person violating the provisions of this Section shall, upon conviction, be punished as for a misdemeanor. Transporting shrimp, prawn, crabs beyond State without paying tax, misdemeanor. Section 2. That the Director of Fish and Game shall prepare weekly report forms on which all distributors or dealers, including manufacturers who are manufacturers or dealers, who process and/or sell shrimp, prawn or crabs in this State shall, on each Monday of each week, report the poundage of shrimp, or prawn, or crabs received the preceding week to the Director of Fish and Game or his agent, together with the payment of the tax thereon, as now provided by law. Weekly reports. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 17, 1950. ECONOMIC POISONS ACT. No. 794 (House Bill No. 608). An Act governing and regulating the distribution, sale, or transportation of insecticides, fungicides, rodenticides, and other economic poisons (and devices); regulating traffic therein; providing for registration and fees, examination of such materials, imposing penalties, and for other purposes. Be it enacted by the General Assembly, and under the authority of the same:

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Section 1. Title: This Act may be cited as the Georgia Economic Poisons Act. Title. Section 2. Definition: For the purpose of this Act Definitions. a. The term economic poison means any substance or mixture of substance intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other plant or animal life or viruses, except viruses on or in living men or other animals which the Commissioner shall declare to be a pest. Economic poison. b. The term device means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling or mitigating fungi or weeds, or such other pests as may be designated by the Commissioner, but not including equipment used for the application of economic poisons when sold separately therefrom. Device. c. The term insecticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever. Insecticide. d. The term fungicide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi, or plant virus. Fungicide. e. The term rodenticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the Commissioner shall declare to be a pest. Rodenticide. f. The term herbicide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed. Herbicide. g. The term insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more

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than six legs, as for example, spiders, mites, ticks, centipedes, and wood lice. This term shall also include nematodes. Insect. h. The term fungi means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, and plant viruses, except those on or in living man or other animals. Fungi. i. The term weed means any plant which grows where not wanted. Weed. j. The term ingredient statement means a statement of the name of each ingredient. Ingredient statement. 1 Active ingredients and inert ingredients shall be so designated and the term inert ingredients shall appear in the same size type and be equally as prominent as the term active ingredients. 2. The term ingredients statement must show either (a)a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the economic poison; and in addition, in case the economic poison contains arsenic, in any form, a statement of the percentages of total and water soluble arsenic, each stated as elemental (metallic) arsenic; or (b)a statement of the name of each active ingredient showing the percentages thereof, together with the name of each and total percentage of the inert ingredients, if any there be, in the economic poison (except option a shall apply if the preparation is highly toxic to man, determined as provided in Section 5 of the Act). If option b applies, the names of the active and inert ingredients shall, respectively be shown in the descending order of the percentages of each present in each classification and the name of each ingredient shall be given equal prominence. k. The term active ingredient means an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests. Active infredient. l. The term inert ingredient means an ingredient which is not an active ingredient. Inert ingredient. m. The term antidote means the most practical immediate treatment in case of poisoning and includes first aid treatment. Antidote.

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n. The term person means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not. Person. o. The term Commissioner means the Commissioner of Agriculture. p. The State Entomologist means the State Director of Entomology. q. The term registrant means the manufacturer, mixer, blender, or other processors registering any economic poison pursuant to the provisions of this Act. Registrant. r. The term label means the written, printed, or graphic matter on, or attached to, the economic poison (or device), or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison (or device). Label. s. The term labeling means all labels and other written, printed, or graphic matter. Labeling. (1) Upon the economic poison (or device) or any of its containers or wrappers; (2) Accompanying the economic poison (or device) at any time; (3) To which reference is made on the label or in literature accompanying the economic poison (or device) except when accurate, non-misleading reference is made to current official publications of the United States Department of Agriculture or Interior, the United States Public Health Service, State experiment stations, State agricultural colleges, or other similar Federal institutions or official agencies of this State or other States authorized by law to conduct research in the field of economic poisons. t. The term adulterated shall apply to any economic poison if its strength or purity falls below the professed standard or quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted. Adulterated. u. The term misbranded shall apply Misbranded.

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(1) To any economic poison (or device) if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; (2) To any economic poison(a) if it is an imitation of or is offered for sale under the name of another economic poison; (b) if its labeling bears any reference to registration under this Act; (c) if the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public; (d) if the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living man and other vertebrate animals; (e) if the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container can not be clearly read, of the retail package which is presented or displayed under customary conditions of purchase; (f) if any word, statement. or other information required by or under the authority of this Act to appear on the labeling is not prominently placed thereon with such conspiciousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use, or (g) if in the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such economic poison. Section 3. Prohibited acts: Prohibited acts. a. It shall be unlawful for any person to distribute, sell, or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any of the following:

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(1) Any economic poison which has not been registered pursuant to the provisions of Section 4 of this Act, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of an economic poison differs from its composition as represented in connection with its registration: Provided, that, in the discretion of the Commissioner, a change in the labeling or formula of an economic poison may be made within a registration period without requiring re-registration of the product. Sale without registration, or where contents and directions differ from what registered. (2) Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container can not be clearly read, a label bearing, Broken containers. (a) the name and address of the manufacturer, registrant, or person for whom manufactured; (b) the name, brand, or trade mark, under which said article is sold; and (c) the net weight or measure of the content subject, however, to such reasonable variations as the Commissioner may permit. (3) Any economic poison which contains any substance or substances in quantities highly toxic to man, determined as provided in Section 5 of this Act, unless the label shall bear, in addition to any other matter required by this Act. Poisons not sufficiently indicated. (a) The skull and crossbones; (b) The word poison prominently, in red, on a background of distinctly contrasting color; and (c) A statement of an antidote for the economic poison. (4) The economic poison commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate unless they have been distinctly

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colored or discolored as provided by regulations issued in accordance with this Act, or any other white powder economic poison which the Commissioner, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored; unless it has been so colored or discolored; Provided, that the Commissioner may exempt any economic poison to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health. Certain poisons not colored or discolored as required. (5) Any economic poison which is adulterated or misbranded, (or any device which is misbranded). Adulteration misbranding. b. It shall be unlawful (1) for any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this Act or regulations promulgated hereunder, or to add any substance to, or take any substance from, an economic poison in a manner that may defeat the purpose of this Act; (2) for any person to use for his advantage or to reveal, other than to the Commissioner or proper officials or employees of the State or to the courts of this State in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, and information relative to formulas of products acquired by authority of Section 4 of this Act. Section 4. Registration. Registration. a. Every economic poison which is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be registered in the office of the Commissioner after approval of the State Director of Entomology, and such registration shall be renewed annually: Provided, that products which have the same formula, are manufactured by the same person, the labeling of

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which contains the same claims, and the labels of which bear a designation identifying the product as the same economic poison may be registered as a single economic poison; and additional names and labels shall be added by supplement statements during the current period of registration. The registrant shall file with the Commissioner a statement including: (1) the name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; Statement. (2) the name of the economic poison; (3) a complete copy of the labeling accompanying the economic poison and a statement of all claims to be made for it including directions for use; and (4) if requested by the Commissioner a full description of the tests made and the results thereof upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the economic poison was registered or last re-registered. b. The registrant; the manufacturer, mixer, blender, or other processor, before selling or offering for sale any economic poison (or device) in this State shall register each brand or grade of such economic poison (or device) with the Department of Agriculture upon forms furnished by the department, and, for purposes of defraying the expenses connected with the enforcement of this Act, shall pay to the department an annual registration fee of five dollars ($5.00) for each and every brand or grade to be offered for sale in this State, whereupon there shall be issued to the registrant by the Department of Agriculture, a certificate entitling the registrant to sell all duly registered brands in this State until the expiration of the certificate. All certificates shall expire on December 31st of each year and are subject to renewal upon receipt of annual registration fees. Provided, however, that any registrant may register annually any number of brands upon payment of annual fees aggregating $200.00. Registration of brands and grades. Fees. c. Any manufacturer, importer, jobber, agent, or seller, who sells, offers or exposes for sale, to the final consumer, any

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economic poison (or device) covered by the Act shall procure a Dealer's regulatory license from the Commissioner of Agriculture, authorizing such person to sell, exchange, or deal therein, in unbroken original manufacturer's packages of economic poisons (or devices). Such license shall be issued by the Commissioner of Agriculture, without charge, and shall continue in force, unless revoked. Dealer's regulatory license. d. The Commissioner, whenever he deems it necessary in the administration of this Act, may require the submission of the complete formula of any economic poison. If it appears to the Commissioner and the State Director of Entomology that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of Section 3 of the Act, he shall register the article. Submission formulas. e. If it does not appear to the Commissioner and the State Director of Entomology that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this Act, he shall notify the applicant in writing of the manner in which the article, labeling, or other material required to be submitted fail to comply with the Act so as to afford him an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant insists that such corrections are not necessary and requests in writing that the article be registered, the Commissioner shall provide him with opportunity for hearing before refusing to issue registration. In order to protect the public, the Commissioner, on his own motion, after hearing, may at any time, cancel the registration of an economic poison. In no event shall registration of an article, be construed as a defense for the commission of any offense prohibited under Section 3 of this Act. Refusal to issue registration. Hearing. f. Notwithstanding any other provision of this Act, registration is not required in the case of an economic poison shipped from one plant within the State to another plant within this State operated by the same person. When registration not required. Section 5. Determinations; rules and regulations; uniformity.

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a. The Commissioner in his discretion and after opportunity for a hearing is authorized: Determinations. (1) to declare as a pest any form of plant or animal life or virus which is injurious to plants, men, domestic animals, articles, or substances; (2) to determine whether economic poisons are highly toxic to man; (3) to determine standards of coloring or discoloring for economic poisons, and to subject economic poisons to the requirements of Section 3, a., (4) of this Act. b. The Commissioner is authorized, to make and promulgate rules and regulations for carrying out the provisions of this Act, including rules and regulations providing for the collection and examination of samples of economic poisons (or devices). The Commissioner of Agriculture shall conduct such hearings as he may deem necessary in connection with making and promulgating regulations. Rules and regulations. c. In order to avoid confusion endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this State due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several States and the Federal Government relating to such poisons. To this end the Commissioner is authorized, in his discretion, to adopt by regulation, such regulations, applicable to and in conformity with the primary standards established by this Act, as have been or may be prescribed in the United States Department of Agriculture with respect to economic poisons. Uniformity. Section 6. Enforcement. a. The examination of economic poisons (or devices) shall be made by the State Chemist, under the direction of the Commissioner, for the purpose of determining whether they comply with the requirements of this Act. If it shall appear from such examination that an economic poison (or device) fails to comply with the provisions of this Act, and the Commissioner

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contemplates instituting criminal proceedings against any person, the Commissioner shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings and if thereafter in the opinion of the Commissioner it shall appear that the provisions of the Act have been violated by such person, then the Commissioner shall refer the facts to the solicitor of the court for the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article; Provided, however, that nothing in this Act shall be construed as requiring the Commissioner to report for prosecution or for the institution of libel proceedings for minor violations of the Act whenever he believes that the public interests will be best served by a suitable notice of warning in writing. Enforcement. b. It shall be the duty of each solicitor to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the court of competent jurisdiction without delay. c. The Commissioner shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this Act. d. Every non-resident manufacturer, mixer, jobber, or distributor of economic poisons (or devices) shall at the time of registration and before selling or offering for sale his product or products in Georgia, designate to the Commissioner of Agriculture, an attorney in fact, residing in this State on which attorney in fact legal service, and process may be had so as to bring such non-resident manufacturers, mixers, jobbers and distributors under the jurisdiction of the courts of this State, in connection with the sale of economic poisons, (or devices) in this State. Section 7. Exemptions. Exemptions. a. The penalties provided for violations of Section 3a of this Act shall not apply to (1) Any carrier while lawfully engaged in transporting an economic poison within this State, if such carrier shall, upon

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request, permit the Commissioner or his designated agent to copy all records showing the transactions in and movement of the articles; (2) Public officials of this State and the Federal Government engaged in the performance of their official duties; (3) The manufacturer or shipper of an economic poison for experimental use only; (a) by or under the supervision of any agency of this State or of the Federal Government authorized by law to conduct research in the field of economic poisons, or (b) by others if the economic poison is not sold and if the container thereof is plainly and conspicuously marked For experimental use onlyNot to be sold, together with the manufacturer's name and address: Provided, however, That if a written permit has been obtained from the Commissioner, economic poisons may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit. b. No article shall be deemed in violation of this Act when intended solely for export to a foreign county, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this Act shall apply. Section 8. Penalties. Penalties. a. Any person violating any provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100.00 and not more than $1,000.00, or six months imprisonment, or both. b. Notwithstanding any other provisions of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of Section 4 of this Act, he shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both. c. The Commissioner, in his discretion, shall have the power and authority to revoke, suspend, or cancel, after written notice, and opportunity of hearing before him, any license or

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registration, when in his judgment there has been a violation of this Act. Section 9. Short weight. If any economic poison in the possession of consumers is found by the Commissioner to be short in weight, the registrant of said economic poison shall within thirty days after official notice from the Commissioner pay to the consumer a penalty equal to four times the value of the actual shortage. Short weight. Section 10. Stop sale orders. It shall be the duty of the Commissioner to issue and enforce a written or printed stop sale, use, or removal order to the owner or custodian of any lot of economic poison and to hold at a designated place when the Commissioner finds said economic poison is being offered or exposed for sale in violation of any of the provisions of this Act until the law has been complied with and said economic poison is released in writing by the Commissioner or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the economic poison so withdrawn when the requirements of the provisions of this Act have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal. Stop sale orders. Section 11. Seizures. Seizures. a. Any economic poison (or device) that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intra state commerce or between points within this State through any point outside this State shall be liable to be proceeded against in a court of competent jurisdiction in any county of the State where it may be found and seized for confiscation by process of libel for condemnation: (1) in the case of economic poison, (a) if it is adulterated or misbranded; (b) if it has not been registered and licensed under the provisions of Section 4 of this Act; Poisons. (c) if it fails to bear on its label the information required by this Act.

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(d) if it is a white powder economic poison and is not colored as required under this Act. (2) In the case of a device, if it is misbranded. Devices. (b) If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds, if such article is sold, less legal costs, shall be paid to the State Treasurer; Provided, that the article shall not be sold contrary to the provision and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court, in its discretion, may direct that said article be delivered to the owner thereof for relabeling or reprocessing, as the case may be. c. When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article. Condemnation. Section 12. Delegation of duties. All authority vested in the Commissioner by virtue of the provisions of this Act may with like force and effect be executed by such employees of the (Department of Agriculture) as the Commissioner may from time to time designate for such purpose. Section 13. Cooperation. The Commissioner is authorized and empowered to cooperate with, in his discretion, and enter into agreements with, any other agency of this State, the United States Department of Agriculture, and any other State or agency thereof for the purpose of carrying out the provisions of this Act and securing uniformity of regulations. Cooperation of commissioner with other agencies. Section 14. Separability. If any provisions of this Act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this Act, and the applicability thereof to other persons and circumstances shall not be affected thereby. If part invalid. Section 15. Effective date. This Act shall become effective immediately after the passage of this Act, and the approval of the Governor. Effective date.

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Section 16. Repeals. Jurisdiction in all matters pertaining to the distribution, sale and transportation of economic poisons (and devices), is by this Act vested exclusively in the Commissioner, and all Acts and parts of Acts inconsistent with the Act are hereby expressly repealed, and providing that should any section, clause or paragraph be held unconstitutional, then same shall not affect the validity of any other part of this Act. Approved February 17, 1950. WORKMEN'S COMPENSATIONELECTRIC MEMBERSHIP CORPORATION AS EMPLOYER. Code 114-101 Amended. No. 795 (House Bill No. 695). An Act to amend Section 114-101 of the Code of Georgia of 1933, as amended, relating to the definition of employer for the purposes of the Workmen's Compensation Act so as to include in the definition of employer, electric membership corporations and other cooperative corporations engaged in rural electrification, including electric refrigeration cooperatives; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 114-101 of the Code of Georgia, 1933, as amended, be and said section is hereby amended by inserting a new claus reading as follows: Any electric membership corporation organized under Chapter 34A of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, so that said Section 114-101 when so amended shall read as follows: Code 114-101 amended. Employer and employee definedEmployer shall include the State of Georgia and all departments thereof, any municipal corporation within the State and any political division

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thereof, any individual, firm, association or corporation engaged in any business operated for gain or profit, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34A of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, and the legal representative of a deceased employer, using the service of another for pay. If the employer is insured, this term shall include his insurer as far as applicable. Employer defined. Electric membership corporations included. Section 2. Be it further enacted that all laws or parts of laws in conflict with this amendment be and they are hereby repealed. Approved February 17, 1950. UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION. No. 796 (House Bill No. 724). An Act providing that the State of Georgia may enter into a compact with any of the United States for mutual helpfulness in relation to persons convicted of crime or offenses who may be on probation or parole. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section 1. The Governor of this State is hereby authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows: Governor authorized to execute compact. A COMPACT. Entered into by and among the contracting States, signatories hereto, with the consent of the Congress of the United States of America, granted by an Act entitled An act granting the consent of Congress to any two or more States to enter into

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agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes. Provisions The contracting States solemnly agree: (1) That it shall be competent for the duly constituted judicial and administrative authorities of a State party to this compact (herein called sending State), to permit any person convicted of an offense within such State and placed on probation or released on parole to reside in any other State party to this compact (herein called receiving State), while on probation or parole, if Parolee of one State permitted to reside in another. (a) Such person is in fact a resident of or has his family residing within the receiving State and can obtain employment there; When. (b) Though not a resident of the receiving State and not having his family residing there, the receiving State consents to such person being sent there. Before granting such permission, opportunity shall be granted to the receiving State to investigate the home and prospective employment of such person. A resident of the receiving State, within the meaning of this section, is one who has been an actual inhabitant of such State continuously for more than one year prior to his coming to the sending State and has not resided within the sending State more than six continuous months immediately preceding the commission of the offense for which he has been convicted. Resident defined. (2) That each receiving State will assume the duties of visitation of and supervision over probationers or parolees of any sending State and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees. Duty of receiving State, visitation, supervision. (3) That duly accredited officers of a sending State may at all times enter a receiving State and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of States party hereto,

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as to such persons. The decision of the sending State to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving State: Provided, however, that if at the time when a State seeks to retake a probationer or parolee there should be pending against him within the receiving State any criminal charge, or he should be suspected of having committed within such State a criminal offense, he shall not be retaken without the consent of the receiving State until discharged from prosecution or from imprisonment for such offense. Apprehension of parolee by sending State. (4) That the duly accredited officers of the sending State will be permitted to transport prisoners being retaken through any and all States parties to this compact, without interference. Transportation of prisoners. (5) That the Governor of each State may designate an officer who, acting jointly with like officers of other contracting States, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. (6) That this compact shall become operative immediately upon its execution by any State as between it and any other State or States so executing. When executed it shall have the full force and effect of law within such State, the form of execution to be in accordance with the laws of the executing State. When compact operative. (7) That this compact shall continue in force and remain binding upon each executing State until renounced by it. The duties and obligations hereunder of a renouncing State shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending State. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other State party hereto. Renunciation of compact. Section 2. If any section, sentence, subdivision or clause of this Act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Act. If part invalid. Section 3. Whereas, an emergency exists for the immediate taking effect of this Act, the same shall become effective immediately upon its passage. Effective date.

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Section 4. This Act may be cited as the Uniform Act for Out-of-State Parolee Supervision. Title of Act. Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1950. WESTERN AND ATLANTIC RAILROAD COMMISSION. No. 797 (House Bill No. 728). An Act to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes, of the Western Atlantic Railroad; for the creation of a commission to effectuate such lease; to define its powers and duties, to make appropriation for the cost of the work required; to provide for the term of the lease or leases; to authorize the commission to appoint a secretary and legal counsel; to provide that the Commission may agree upon details of a formal lease, the terms not to interfere with any contract now existing between the State and present lessees; to provide for a deposit of bonds as collateral security for the faithful performance of all terms of said lease; to provide for a penalty for failure or refusal to pay monthly rental; to prohibit lessee from subletting without approval of Governor; to provide that if any part of said Act be held invalid or unconstitutional such decision shall not affect the validity of the remaining portion of this Act; to repeal all laws or parts of laws in conflict with this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. There is hereby created a commission to be known as the Western and Atlantic Railroad Commission, which shall be composed of the Governor of the State, the Chairman of the Public Service Commission, the Lieutenant Governor, the Speaker of the House of Representatives and the State Auditor. The

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commission so constituted shall perfect its own organization, and adopt such rules and employ such methods of procedure as it may deem most expedient to the end in view, subject to such limitations and directions as may be hereinafter expressed. Commission created. Section 2. The commission is hereby charged with the duty and is vested with full power and authority except as hereinafter provided, to ascertain, consider and determine the terms and conditions upon which the overhead, or underground rights or property not useful for railroad purposes, of the Western Atlantic Railroad shall be leased, not in conflict with the present outstanding lease to the Nashville, Chattanooga St. Louis Railway dated the 11th day of May, 1917. The commission shall cause thorough investigations to be made, and assemble such data as will enable it to arrive at a fair valuation of said property for leasing purposes, and otherwise to determine the essential facts upon which the lease or leases should be predicated. Investigation to determine terms and conditions of lease. Section 3. The commission shall, among other things, consider and determine, subject to the provisions of this Act, the following: Matters to be considered, etc. 1. The term of years for which the lease or leases should run, which shall not be more than forty years from the date of said lease, and when the lease or leases become operative. 2. The amount of the annual rental that shall be required, and the method of assessment. 3. An agreement as to the character and costs of making improvements and other changes on said property, and payment therefor. 4. To determine what property owned by the Western Atlantic Railroad can be properly and advantageously leased separately from the lease of the railroad. 5. To have authority and power to appoint and employ a secretary, and such experts and legal counsel as it may deem necessary to enable it to carry out the duties imposed upon it by the terms of this Act, and to prescribe their duties and fix their compensation for services so rendered.

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6. To determine the advisability of leasing said property as a whole or in separate parcels. 7. To provide that lease or leases shall be made upon competitive bidding after 60 days advertisement in one or more legal organs of the County of Fulton; and shall be let to the highest bidder. 8. All the terms and conditions upon which said property, or any part thereof, may be leased shall be determined and prescribed by the commission, except as may be limited by this Act. Section 4. Be it further enacted that the commission, in pursuance of a resolution to be adopted by a majority of the members thereof in regular meeting assembled, is hereby fully authorized and empowered to lease and contract for the leasing of the properties known as the Western Atlantic Railroad, other than its property used for the operation of the railroad, and the same may be leased either in its entirety or as a part, whether surface, overhead or underground rights; said lease or leases to be made to a company or corporation or any party or parties, who shall give good and sufficient security as hereinafter provided. The commission is hereby fully authorized and empowered to agree upon all the terms and details of a formal lease or leases, which shall be executed by the Governor and such other members of the commission as it may designate; and said contract after its execution shall be entered upon the minutes of the Executive Department. How lease or leases shall be executed. Section 5. The lease or leases made under this Act shall in no wise interfere with any contract now existing between the State and the present lessees. Existing contracts. Section 6. Be it further enacted, that the lessee to whom any part of said Western Atlantic Railroad property may be leased shall deposit with the said commission recognized valid bonds of the United States of the par value of at least the annual rental of such lessee to the State of Georgia, and should said bonds so deposited by any lessee at any time depreciate in value below their par value, such lessee shall, within thirty days, make good said deposit on being notified thereof by the Governor,

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by the deposit of other bonds of like kind as above, so that bonds at par and market value shall at all times be deposited by such lessee, and in default thereof the Governor may, in his discretion, declare such lease forfeited. Said bonds shall be deposited with the State Treasurer by said commission. It shall be the duty of the Governor and State Treasurer from time to time to inquire into the value of said bonds so deposited, and said bonds shall be held as collateral security by the State for the faithful performance of all the terms, obligations and covenants of said lessee. Deposit of bonds as security. Section 7. Be it further enacted, that the bonds deposited under the requirements of Section 6 of this Act shall be regarded merely as collateral security for the faithful performance by the lessee depositing such bonds of the terms of such lessee's lease contract, and shall not be held as exhaustive of other rights of the State, as lessor. And after said bonds have been applied, in whole or in part, as damage penalty or forfeiture for any act done, or omitted to be done, or any violation of the terms of the lease as herein provided, the original party to the lease shall be liable further to the State of Georgia for any damage caused by any breach or forfeiture under such contract by such lessee. Further liability of lease. Section 8. In case the lessee or lessees under this Act shall fail or refuse to pay whatever sum may be agreed upon as a monthly rental to the Treasurer of this State and as specified in the lease contract entered into with said lessee within twenty days after the time named and agreed upon in said lease contract for the payment of such monthly rental, the lessee or lessees shall forfeit to the State three months' rental as stipulated damages. For failing or refusing to comply with said lease contract by the lessee, the Governor, at his option, may declare the lease forfeited and take immediate possession of the rented premises. Failure to pay monthly rental. Forfeiture. Section 9. The lessee shall not sublet or release the said premises without the approval in writing of the Budget Commission. Subleasing. Section 10. If any section, sentence, subdivision or clause

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of this Act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Act. If part invalid. 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 February 17, 1950. WALKER COUNTY SPORTMAN CLUBLEASE OF LAND IN WALKER COUNTY AUTHORIZED. No. 800 (House Bill No. 768). An Act to authorize the Governor, acting for and on behalf of the State of Georgia, to lease approximately one hundred sixty (160) acres of certain land in Lots Nos. 99 and 100 of the 12th District and 4th Section of Walker County, Georgia, to the Walker County Sportsman Club for a period of twenty five (25) years, with privilege of renewal, at a rental of $1.00 per year; to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Governor of Georgia, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to lease the certain land described in Section 2 of this Act to the Walker County Sportsman Club for a period of twenty five (25) years, with privilege of renewal, at a rental of $1.00 per year, the said lease to contain prohibition against the removal of any timber or mineral of any description from above or under said lands, and further conditioned that the Walker County Sportsman Club shall not sublease said property, and shall provide adequate fire protection to all timber on said land. Lease of land to Walker County Sportsman Club. Conditions. Section 2. Beginning on the original east of

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said Lot of Land No. 99, 118 feet from the southeast corner of said lot and running thence north with said original east boundary line of said lot a distance of 1,050 feet to a corner; thence south 88 degrees 30 minutes west 200 feet to a point on the east brow or bluff of the mountain; thence north 60 degrees no minutes west 690 feet to a corner; thence north 11 degrees no minutes east approximately 1100 feet to the original east and west line dividing Lots of Land Nos. 99 and 100; thence continuing into Lot of Land No. 100 north 11 degrees no minutes east 700 feet to a corner; thence due north 1360 feet to a corner; thence due west 1420 feet to a corner; thence due south approximately 2060 feet to the original east and west lines dividing Lots of Land Nos. 99 and 100; thence continuing due south in Lot of Land No. 99 1125 feet to a corner; thence due west 530 feet to a corner; thence south 1270 feet to a corner; thence east approximately 1750 feet to the west boundary of the highway known as the Highway Above the Clouds; thence northward along the western boundary of said highway 400 feet to a corner; thence south 51 degrees 30 minutes east 820 feet to a point on the edge of the east brow or bluff of the mountain; thence due east 70 feet more or less to the point of beginning, containing 160 acres more or less. 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 February 17, 1950. RECORDING OF INSTRUMENTS AFFECTING TITLE TO LANDS. Code 29-420 Amended. No. 804 (House Bill No. 862). An Act to amend Section 29-420 of the Code of Georgia of 1933, which section relates to the method of recording instruments affecting title to land, by authorizing in addition to the methods therein mentioned the use of photostatic and photographic equipment; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 29-420 of the Code of Georgia of 1933, which section reads as follows: All decrees, deeds, mortgages, or other instruments affecting the titles to lands shall be recorded by the clerk upon good and substantial white paper; in either printing, typewriting, or handwriting in ink, which record shall be clear, legible, and permanent, but any record may be in one or more of said methods. is hereby amended by striking said section in its entirety, and substituting in lieu thereof a new section, which shall also be known as Section 29-420, and which shall read as follows: Code 29-420 amended. 29-420. All decrees, deeds, mortgages, or other instruments affecting the titles to lands shall be recorded by the clerk by the use of printing, typewriting, handwriting in ink, photostating, or photographing, which record shall be clear, legible, and permanent, but any record may be in any one or more of said methods. It shall be lawful to make photostatic copy or copies of any plats blue prints or other copies of plats that are already of record in said clerk's office. Said copies or photostatic copies thereof shall serve all purposes and shall be as authentic as the original thereof. Methods of writing, etc., to be used. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 17, 1950. PHOTOGRAPHIC RECORDING BY ORDINARIES. No. 805 (House Bill No. 864). An Act to authorize the ordinary in counties of this State to install and use photostatic or other photographic equipment for the purpose of recording any papers or documents authorized or required to be recorded in his office or the minutes of his court; to provide that such equipment may be furnished by the proper county authorities; to require the filing and preservation

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of the films or negatives produced as a result of said photostatic or photographic method of recording and for 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 the ordinary, or any other authority performing the functions now required to be performed by the ordinary or by the court of the ordinary, in any county of the State shall be authorized to install and/or to use photostatic equipment or other photographic equipment for the purpose of recording any documents authorized or required to be recorded in the office of said ordinary or of the court of ordinary of said counties, or for the purpose of recording and preserving the minutes of said court. Said equipment may be installed and/or used by the ordinary or by the court of ordinary of said counties for the same purposes and in lieu of the present commonly used method of printing, typing and handwriting said documents, records and minutes, said equipment may be provided or the use of equipment permitted by the proper county authorities. Photographic recording by ordinaries. Section 2. Be it further enacted by the authority aforesaid, that if and when said equipment is installed and used in said counties, for purposes authorized by Section 1 of this Act, provision shall be made for the proper, orderly filing in a book, or receptacle for that purpose, of the pictures or photostatic or other photographic results of the instruments in this Act mentioned; or for the proper and orderly filing in a receptacle provided for that purpose of the films or negatives produced as a result of said photostatic or photographic method of recording. Filing. Section 3. Be it further enacted by the authority aforesaid, that the authority given by this Act for the installation and use for said purposes of photostatic and photographic equipment is permissive only. Provisions permissive. Section 4. Be it further enacted by the authority aforesaid, that records of any kind kept by the ordinary or by the court or ordinary of said counties, made by either a photostatic or

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photographic process, shall be valid and effective for all purposes, and said records or copies thereof used in the same manner and to the same extent as records kept by any former method of printing, typing or handwriting the same. Provided, however, that in all cases carried to the Supreme Court of Georgia or to the Court of Appeals of Georgia, the rules of these courts for the preparation of transcripts of records shall be complied with. Validity of such records. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 17, 1950. EMPLOYEES RETIREMENT SYSTEMAMENDMENT. No. 806 (House Bill No. 867). An Act to amend Subsection Four of Section One of the Employees Retirement System Act approved February 3, 1949 and published in Georgia Laws of 1949, page 138, which subsection defines the word employee as used in said Act so as to strike the word continuous which appears in the ninth line of the said subsection as thus published. 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 Subsection Four of Section One of the Employees Retirement System Act approved February 3, 1949 and published in Georgia Laws of 1949 beginning at page 138 which said subsection defines the word employee as used in said Act, is hereby amended by deleting the word continuous where it appears in the ninth line of said subsection, so that said subsection when thus amended shall read as follows: Sec. 1, Subsec. 4, Act of 1949, amended. (4) Employee shall mean any regularly classified or unclassified worker, officer, elected or appointed, or employee of State agencies, and employees of the local boards in accordance with the provisions of Section 1, Subsection (3) under a

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State merit system of personnel administration including a merit system for Public Safety Department employees, and employees and officers of any other State department, bureau, board, institution or commission of the State Government that have had twenty years service in a State agency or that may hereafter operate under a merit system of personnel administration and all departments under a tenure system as established by law or that may become eligible for inclusion in the retirement system by Act of the General Assembly of the State of Georgia, who receives payment for performance of personal services from the State of Georgia or any department, bureau, institution, board, or commission of the State, or from the local boards that are classified as an employer under this Act, who is employed in a position normally requiring actual performance of duty during not less than nine months of the year, but shall not include members of the teachers' retirement system of Georgia. Employee defined. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950. REVENUE DEPARTMENTEMPLOYEES UNDER MERIT SYSTEM. No. 808 (House Bill No. 882). An Act to place the employees of the State Department of Revenue, except the State Revenue Commissioner, under the merit system of personnel administration provided by the Act of February 4, 1943; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. All employees, except the State Revenue Commissioner, of the State Department of Revenue shall be subject to the Act of February 4, 1943, for a merit system of personnel

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administration (Georgia Laws 1943, pp. 171-177), and are hereby placed under such merit system. Employees under merit system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed but only to the extent that they are in conflict with this Act. Approved February 17, 1950. SCHOOL BUSESSAFETY REGULATIONS. No. 812 (House Bill No. 931). An Act to amend an Act entitled an Act to define reckless driving, and to prohibit the same; etc., approved March 24, 1939 (Ga. L. 1939, No. 244, p. 295), so as to prohibit the transportation of school children in any school bus found to be unsafe by a member of the Georgia State Patrol or the Director of Public Safety until such school bus has been repaired and made safe for such transportation. To provide that school bus drivers shall have examination before they shall be able to drive a school bus. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The Act entitled an Act to define reckless driving, and to prohibit the same; etc., approved March 24, 1939 (Ga. L. 1939, No. 244, p. 295), is hereby amended by striking the period at the end of the last paragraph in Subsection (b) of Section 2 thereof and by adding at the end of said paragraph an additional provision so that said paragraph reads as follows: Sec. 2, Act of 1939, amended. Provided, further, that the maximum speed limit for buses used in transporting school children, and when actually transporting one or more school children, shall not be operated in excess of 40 miles per hour, and provided further that all school buses must be inspected when required, or requested, by the Director of Public Safety or any member of the Georgia State Patrol in order to ascertain its mechanical and physical condition,

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as to brakes, lights, and any other feature which in the opinion of the Director of Georgia Department of Safety may deem essential, for the safety of its driver, passengers, and general public, and in the event such member of the Georgia State Patrol or said Director after such inspection determines that the operation of any such school bus in its then existing condition would be unsafe and notifies the driver or owner thereof in writing in what particulars such school bus is unsafe, such school bus shall not be again used in transporting school children until after it has been repaired and made safe in the particulars specified by such member of the Georgia State Patrol or said Director. Provided, further, that school bus drivers shall have examination before they shall be able to drive a school bus. School buses. Inspection. Use of unsafe bus prohibited. Driver's examination. Section 2. That all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved February 17, 1950. RAILROAD UNDERPASSES AND OVERPASSES. Code 95-1909 Amended. No. 813 (House Bill No. 933). An Act to amend Chapter 95-19 of the Code of Georgia of 1933, known as the Grade Crossing Elimination Law, by striking Section 95-1909 of said chapter which relates to the maintenance of underpasses and overpasses, and inserting a new section, providing for such maintenance; by limiting and restricting all liability of the State Highway Department; by prescribing the effect of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Chapter 95-19 of the Code of Georgia of 1933, known as the Grade Crossing Elimination Law, be and the same is hereby amended, by striking therefrom and from

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said Code of 1933, Section 95-1909 thereof, which provides for the maintenance of underpasses and overpasses, and inserting in lieu thereof a new section, to be numbered Section 95-1909, as follows: Code 95-1909 amended. 95-1909. Maintenance of underpass or overpass. (a) It shall be the duty of the department in the case of State roads, to maintain all overpasses as defined by Section 95-1901, hereafter constructed or which have been constructed or substantially reconstructed since August 23, 1927, even though such overpasses may have been constructed or reconstructed wholly or in part with Federal funds. Duty of Highway Department. (b) It shall be the duty of the railroad company or companies to maintain underpasses, as defined by section 95-1901, hereafter constructed or which have been constructed or substantially reconstructed since August 23, 1927, except the lighting, drainage, and pavement of the roadway thereunder which forms a part of the highway or public road. Duty of railroad. (c) All maintenance herein required by the department shall be at the expense of the department, and all maintenance herein required by the railroad or railroads shall be at the expense of such railroads. Provided, however, the duty of maintenance imposed upon the department by this section shall not operate to subject the department to liability on account of damages resulting from any failure of such maintenance. Liability for damage. Section 2. Notwithstanding the foregoing amendment to Chapter 95-19 of the Code of Georgia of 1933, the duty and obligation of maintaining overpasses on county public roads shall remain and continue as provided by the original Section 95-1909 of the Code of 1933, but the burden of maintenance of underpasses on such county roads shall be as provided by Section 1 of this Act; and where an overpass on any county road in constructed with a floor of wood, it shall be the duty of the railroad or railroads to maintain such floor at its or their own expense. County public roads. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950.

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CORONER'S COMPENSATION IN CERTAIN COUNTIES. Code 21-105 Amended. No. 814 (House Bill No. 943). An Act to amend the Code of Georgia of 1933, Section 21-105 pertaining to coroners' fees to provide for the payment of an annual salary in lieu of such fees in counties of this State having a population of 300,000 or more according to the present or any future United States census; so as to fix the salary of the coroner in such counties and to provide that the salary of the coroner in such counties shall be fixed by the governing authorities of such county at a sum not less than $5,000.00 per annum and not more than $7,000.00 per annum, payable in equal monthly installments; to authorize the payment of certain expenses incidental to the office of the coroner in such counties out of county funds; 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 from and after the passage of this Act: Section 1. Section 21-105 of the Code of Georgia of 1933, pertaining to coroners' fees is hereby amended by adding the following language thereto: 21-105 amended. Provided, however that in any county of this State having a population of 300,000 or more according to the present or any future United States census, the coroner shall be paid an annual salary to be fixed and determined by the governing authority of such counties at a sum not less than $5,000.00 per annum and not more than $7,000.00 per annum which shall be paid in equal monthly installments and which shall be in lieu of any and all fees or emoluments allowed to such officer. Provided, further, that in all such counties the governing authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office, so that said Section 21-105 as amended shall read: Coroners' fees shall be as follows, to wit: Coroner's fees.

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Summoning an inquest on a dead body and returning an inquisition $10.00 Furnishing coffin and burial expenses 15.00 When performing the duties of a sheriff, his fees are the same as a sheriff's. No coroner shall receive out of the county treasury more than $1,500.00 per annum, either as fees for holding inquests or for burying the dead bodies. Provided, however that in any county of this State having a population of 300,000 or more according to the present or any future United States census, the coroner shall be paid an annual salary of not less than $5,000.00 and not more than $7,000.00 which shall be paid in equal monthly installments and which shall be lieu of any and all fees or emoluments allowed to such officer. Compensation in certain counties. Provided, further, that in all such counties the governing authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office. Section 2. All laws or parts of law in conflict herewith are hereby repealed. Approved February 17, 1950. REVENUE CERTIFICATE LAWPURCHASE BY COUNTY OF LANDS FROM FEDERAL GOVERNMENT. Code 87-802 Amended. No. 819 (House Bill No. 973). An Act to amend an Act known as the Revenue Certificate Law of 1937 by adding to Section 2 of said Act a provision that said Act shall apply where a county of this State desires to make purchases of lands held in fee from the Government

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of the United States, or any division of said United States Government, used as Army camp for the training of soldiers during and after the war, when and if the same is declared surplus by the Government of the United States or its authority. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That the Act known as the Revenue Certificate Law of 1937 set forth in the Acts of the General Assembly of Georgia of 1937, page 761, and set forth as Chapter 87-8 of the Supplement to the Code of Georgia and as amended by Act of the General Assembly of Georgia, Acts 1949, page 973, be and the same is hereby amended, by adding to Section Two of said Act, codified as Section 87-802 of the Supplement to the Code of Georgia, the following paragraphs immediately following Section 7 of said section, the following: Code 87-802 amended. 8. Purchase of lands used by United States Government as Army camps for the training of soldiers during the war, when and if the same is declared surplus by United States Government or its authority, provided that a county shall only be allowed to purchase lands that lay within its boundaries at the time it was acquired by the U. S. Government or any division of said U. S. Government. Purchase of lands from Federal Government. Section 2. That all laws and parts of laws in conflict with this law, be and the same is hereby repealed. Approved February 17, 1950. BLIND PERSONSSPECIAL WALKING STICK. No. 820 (House Bill No. 981). An Act to prohibit the use of a certain walking cane which is white or white tipped with red, except by blind persons, to provide protection against accidents to such persons; to

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provide penalties for the violation of this Act; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That no person except those wholly or partially blind shall carry or use on any street, highway, or in any other public place a walking cane or stick which is white in color or white tipped with red. Walking cane or stick. Section 2. That any driver of a vehicle who approaches within three feet of a person who is in the roadway or at an intersection and who is wholly or partially blind, and who is carrying a walking cane or stick white in color or white tipped with red, shall immediately come to a full stop, and, before proceeding, take such precautions as may be necessary to avoid accident or injury to the person wholly or partially blind. Duty of drivers. Section 3. Any person who shall violate any of the provisions of this Act shall be guilty of a misdemeanor. Violation misdemeanor. Section 4. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 17, 1950. AD VALOREM TAX RATE. Code 92-4101 amended. No. 828 (House Bill No. 1022). An Act to amend Code Section 92-4101 of the Code of 1933 as amended by an Act of the General Assembly designated No. 340 and contained in Georgia Laws, Extra Session 1937-38, pages 275-76 wherein a tax over one-half of one per cent. for ordinary current expenses is prohibited from being levied by municipalities by adding at the end of the proviso of said section immediately following the word Augusta the words

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and the Town of Bartow, Cities of Millen, Patterson, Blackshear and Warrenton so that said section as amended by Georgia Laws, Extra Session 1937-38, pages 275-76, when amended as herein provided shall read as follows: Tax over one-half of one per cent. prohibitedNo municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one per cent. upon the value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of sections 92-4101 to 92-4104 shall not apply to the City of Savannah and the City of Augusta or the City Council of Augusta and the Town of Bartow, Cities of Millen, Patterson, Blackshear and Warrenton.; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Code Section 92-4101 of the Code of 1933 as amended by an Act of the General Assembly designated No. 340 and contained in Georgia Laws, Extra Session 1937-38, pages 275-76 wherein a tax over one-half of one per cent. for ordinary current expenses is prohibited from being levied by municipalities be amended by adding at the end of the proviso of said section immediately following the word Augusta the words and the Town of Bartow, Cities of Millen, Patterson, Blackshear and Warrenton so that said section as amended by Georgia Laws, Extra Session 1937-38, pages 275-76, when amended as herein provided shall read as follows: Code 92-4101 amended. Tax over one-half of one per cent. prohibitedNo municipal corporation shall levy or collect for the ordinary current expenses of said corporation, except as hereinafter provided, any ad valorem tax upon the property within said corporation, exceeding one-half of one per cent. upon value of said property, any charter of said corporation to the contrary notwithstanding: Provided, that the provisions of sections 92-4101 to 92-4104 shall not apply to the City of Savannah and the City of Augusta or the City Council of Augusta and the Town of Bartow, Cities of Millen, Patterson, Blackshear and Warrenton. Ad valorem tax rate. Exceptions.

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Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 17, 1950. MUTUAL OR COOPERATIVE FIRE INSURANCE COMPANIES. Code 56-1413 amended. No. 832 (House Bill No. 1036). An Act to amend Section 56-1413 of the Code of Georgia of 1933, as amended by an Act approved March 31, 1937 (Acts 1937, pp. 704, 705), relating to the power and authority of incorporated mutual or cooperative fire insurance companies to make contracts of insurance or reinsurance, so as to clarify that such companies are authorized and empowered to make contracts of insurance and reinsurance against loss or damage to person or property occasioned by the operation of any and every kind of motor vehicles, including passenger automobiles, motorcycles, trucks and trailers; to assure that such companies shall be permitted to exercise such authority and power; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 56-1413 of the Code of Georgia of 1933, as amended by an Act approved March 31, 1937 (Acts 1937, pp. 704, 705), be amended by striking and repealing the words Against loss or damage to property and loss of the use and occupancy by fire, lightning, hail, tempest, flood, earthquake, explosion, fire ensuing; against loss or damage to person or property occasioned by the operation of motor vehicles duly licensed by the Public Service Commission, appearing in lines 6, 7, 8 and 9 of Section 56-1413 of the Code of Georgia of 1933 and by striking from said Act of 1937 the paragraph entitled Fire Insurance, and substituting and enacting in lieu thereof

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the following: (a) Fire insurance. Against loss or damage to property and loss of the use and occupancy by fire, lightning, hail, tempest, flood, earthquake, explosion, fire ensuing; against loss or damage to person or property occasioned by the operation of any and every kind of motor vehicle, including passenger automobiles, motorcycles, trucks and trailers, and duly licensed public service motor vehicles, so that Section 56-1413 of the Code of Georgia of 1933 as amended shall read as follows: Code 56-1413 amended. 56-1413. Same; authority to insure and reinsure; kinds of insurance.Any company organized under the provisions of Sections 56-1408 to 56-1412 may make contracts of insurance or reinsurance or accept reinsurance or any portion thereof to the extent specified in its articles of incorporation for the kinds of insurance following: Mutual fire insurance companies. Kinds of insurance. (a) Fire insurance. Against loss or damage to property and loss of the use and occupancy by fire, lightning, hail, tempest, flood, earthquake, explosion, fire ensuing; against loss or damage to person or property occasioned by the operation of any and every kind of motor vehicle, including passenger automobiles, motorcycles, trucks and trailers, and duly licensed public service motor vehicles. Fire. Damage by motor vehicle. (b) Plate-glass insurance. Against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof. Plate glass. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 17, 1950. SUPERIOR COURT EXPENSESPSYCHIATRIC EXAMINATION BEFORE SENTENCE IN CERTAIN COUNTIES Code 24-3005 amended. No. 840 (House Bill No. 1088). An Act to amend the Code of Georgia of 1933, Section 24-3005 pertaining to the contingent expenses of the superior courts

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and their payment, to provide for the payment of the expenses of pre-sentence psychiatric examination of convicted persons in criminal cases where in the discretion of the judges of the superior courts such examination and report thereof is necessary for the imposition of a just and proper sentence upon such convicted persons in counties having a population of 70,000 or more, according to the United States census of 1940 or any future census 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 Code of Georgia of 1933, Section 24-3005 is hereby amended by adding the following language thereto: Provided however that the judges of the superior courts in counties having a population of 70,000 or more according to the United States census of 1940 or any future census may within their discretion order a mental or psychiatric examination made by a properly qualified psychiatrist after a person has been convicted of a crime or has plead guilty to a crime and before sentence is imposed, if said judge believes within his discretion that such an examination is necessary to a just and proper sentence and that the expenses of such an examination shall be paid out of the county treasury of such county upon the certificate of the judge of the superior court and without further order, so that said Section 24-3005 as amended shall read: Code 24-3005 amended. Any contingent expenses incurred in holding any session of the superior court, including lights, fuel, stationery, rent, publication of grand jury presentments when ordered published, and similar items, such as taking down testimony in cases of felony, etc., shall be paid out of the county treasury of such county, upon the certificate of the judge of the superior court, and without further order, Provided however that the judges of the superior courts in counties having a population of 70,000 or more according to the United States census of 1940 or any future census may within their discretion order a mental or psychiatric examination made by a properly qualified psychiatrist after a person has been convicted of a crime or has plead guilty to a crime and before sentence is imposed, if said judge believes within his discretion that such an examination is necessary

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to a just and proper sentence and that the expenses of such an examination shall be paid out of the county treasury of such county upon the certificate of the judge of the superior court and without further order. Superior courts. Expenses. Mental or psychiatric examination before sentence in certain counties. Section 2. All laws or parts of laws in conflict herewith are repealed. Approved February 17, 1950. DIVORCEPERIOD OF PETITIONER'S RESIDENCE IN STATE. Code 30-107 amended. No. 844 (House Bill No. 1105). An Act to amend Section 30-107 of the 1933 Code of Georgia relating to the period of petitioner's residence in State in action for divorce so as to reduce the residence period from twelve months to six months; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 30-107 of the 1933 Code of Georgia relating to the period of petitioner's residence in State in actions for divorce be and the same is hereby amended by striking from said section the words twelve months and inserting in lieu thereof the words six months, so that said section as amended shall read as follows: Code 30-107 amended. 30-107. Period of petitioner's residence in State.No court shall grant a divorce of any character to any person who has not been a bona fide resident of the State six months before the filing of the application for divorce: Provided, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation. Period of petitioner's residence in State.

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Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 17, 1950. WHITFIELD SUPERIOR COURT TERMS. No. 847 (House Bill No. 1111). An Act to change the time of holding the January and July terms of Whitfield Superior Court, to repeal so much of Section 1 of An Act to increase the terms of the Superior Court of Whitfield County, Georgia and for other purposes (Georgia Laws of 1910, page 92), as conflicts herewith, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act the January term of the Superior Court of Whitfield County, Georgia, heretofore commencing on the first Monday in January, shall commence on the third Monday in January of each year, and the July term of said court heretofore commencing on the fourth Monday in July shall commence on the third Monday in July of each year. Terms. Section 2. Be it further enacted by the authority aforesaid that so much of Section I of An Act to increase the number of terms of the Superior Court of Whitfield County Georgia, and for other purposes (Georgia Laws of 1910, page 72), as is in conflict herewith be and the same is hereby repealed. Act of 1910 amended. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws conflicting herewith be and the same are hereby repealed. The Dalton Citizen. Published Thursday Since 1847. Dalton, Georgia. Feb. 4, 1950.

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I hereby certify that the attached is an accurate proof of publication of a legal notice published four consecutive weeks, December 29, 1949, through January 19, 1950, in the Dalton Citizen, re changing the January and July terms of Whitfield County Superior Court: Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following: An Act to provide for the change of the time for holding the Superior Court of Whitfield County, Georgia, from the 1st Monday in January to the 3rd Monday in January; and from the 4th Monday in July to the 3rd Monday in July. John E. Bledsoe. Representative, Whitfield County, Ga. 12-29-4tc Mark Pace Mark Pace, editor Approved February 17, 1950. BIBB COUNTY PENSION AND RETIREMENT PLAN. Proposed Amendment to the Constitution. No. 830 (House Bill No. 1029). An Act to propose to the qualified voters of Georgia an amendment to Article VII, Section 4, Paragraph 1, Subparagraph 15, of the Constitution of Georgia, so as to authorize the General Assembly of Georgia with respect to Bibb County to enact a law or laws whereby a pension or retirement plan or plans may be constituted for all or any persons elected or appointed, appointed by any elected or appointed official, whether or not a county or state officer whose salary, wage or compensation is paid wholly or in part by the county, including appointees of the Judges of the Superior Court of Bibb County; to permit any such plan or plans to allow credit for services performed prior to the enactment of any such

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plan or plans; to permit payments for disability; and payments to dependents of such persons killed in the performance of duty; to authorize the levy of a tax to support any such plan or plans; to ratify, confirm, and validate as of the date of its passage and as of the date of any and all amendments thereto an Act of the General Assembly of Georgia adopted at its 1949 session, providing a pension and/or retirement plan for Bibb County and any amendment or amendments to such Act; to provide for the submission of an amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That Article VII, Section 4, Paragraph 1, Subparagraph 15, of the Constitution of Georgia, as the same may have heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Subpar. XV, Par. I, Sec. IV, Art. VII. Provided further that the General Assembly shall be authorized with respect to Bibb County to enact a law or laws whereby a pension and/or retirement plan or plans may be constituted for all or any persons elected or appointed, or appointed by any elected or appointed official, whether or not a county or State officer, whose salary, wage, or compensation, is paid wholly or in part by the county, including appointees of the Judges of the Superior Court of Bibb County; to permit any such plan or plans to allow credit for service performed prior to the enactment of any such plan or plans; to permit payments for disability; and payments to dependents of such persons killed in the performance of duty; to authorize a levy of a tax to support such plan or plans; and to ratify, confirm, and validate as of the date of its passage and as of the date of any and all amendments thereto, an Act of the General Assembly of Georgia adopted at the 1949 session, providing a pension and/or retirement plan for Bibb County, and any and all amendments thereto. Bibb County pension plan. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds of

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the members elected to each of the two houses and entered on their journals with the ayes and nays had thereon and the same shall be published in one or more newspapers in each congressional district in this State for two months previous to the time of holding the next general election, at which election Members of the General Assembly are chosen, and shall also be so advertised in Bibb County, the area directly affected thereby, said amendment 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 VII, Section 4, Paragraph 1, Subparagraph 15, of the Constitution of Georgia authorizing the General Assembly to constitute a pension and/or retirement plan or plans for all persons compensated in whole or in part by Bibb County, permitting payments for disability and payments to dependents of such persons killed in the performance of duty, permitting any such plan or plans to allow credit for service performed prior to the enactment of any such plan or plans, authorizing the levy of a tax to support any such plan or plans, and ratifying and validating an Act of the General Assembly of Georgia adopted at its 1949 session, providing such a pension and/or retirement plan for Bibb County, and any and all amendments thereto; and all persons opposed to the adopting of said amendment shall have written or printed on their ballots Against ratification or amendment of Article VII, Section 4, Paragraph 1, Subparagraph 15 of the Constitution of Georgia authorizing the General Assembly to constitute a pension and/or retirement plan or plans for all persons compensated in whole or in part by Bibb County, permitting payments for disability and payments to dependents of such persons killed in the performance of duty, permitting any such plan or plans to allow credit for service performed prior to the enactment of any such plan or plans, authorizing the levy of a tax to support any such plan or plans, and ratifying and validating an Act of the General Assembly of Georgia adopted at its 1949 session, providing such a pension and/or retirement plan for Bibb County, and any and all amendments thereto. Popular vote. And if a majority of the electors qualified to vote for Members

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of the General Assembly of Georgia, voting thereon in the State as a whole, and also in Bibb County, shall vote for ratification thereof, when the results shall be consolidated as now provided by law in elections for members of the General Assembly, the said amendment shall become a part of Article VII, Section 4, Paragraph 1, Subparagraph 15 of the Constitution of the State, and the Governor shall make a proclamation thereof, as provided by law. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. VALIDATION OF ACTS AFFECTING BIBB COUNTY. Proposed Amendment to the Constitution. No. 856 (House Bill No. 1028). An Act to propose to the qualified voters of Georgia an amendment to Article 1, Section 4, Paragraph 1 of the Constitution of Georgia so as to ratify and validate Acts passed since the Federal census of 1940 which have not been directly declared invalid by an appellate court of this State and which affect Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all whether such agents be applicable by specific designation or by inclusion in population classification; to provide for the submission of the amendment for ratification by the people; and for other purposes: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same as follows: Section 1. That Article 1, Section 4, Paragraph 1, of the Constitution of Georgia, as the same may have heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Par. I, Sec. IV, Art. I. And except that all laws applicable to Bibb County, its courts, agencies, tribunals, and officers, and officers and agents

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of either and all, which have heretofore and since the Federal census of 1940 been adopted by the General Assembly of Georgia, and which have not been directly declared invalid by an appellate court of this State, and whether such laws are applicable by reason of specific designation or by inclusion in population classification, or ratified, approved and confirmed as of the date of their respective passage, to remain in full force and valid effect until affected by legislation subsequent to the adoption of this amendment. Acts affecting Bibb County. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds of the members elected to each of the two houses, and entered on their journals, with the yeas and nays taken thereon, and be published in one or more newspapers in each congressional district in this State, for two months previous to the time of holding the next general election at which election members of the General Assembly are chosen, and also be advertised in Bibb County, the area directly affected thereby, said amendment 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 to Article 1, Section 4, Paragraph 1 of laws affecting Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all, which laws have been adopted since the Federal census of 1940 and which have not been directly invalidated by an appellate court, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words Against ratification of Article 1, Section 4, Paragraph 1 of laws affecting Bibb County, its courts, agencies, tribunals and officers and officers and agents of either and all, which laws have been adopted since the Federal census of 1940 and which have not been directly invalidated by an appellant court, and 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 in Bibb County, shall vote for ratification thereof, when the results shall be consolidated as now provided by law in election for members of the General

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Assembly, the said amendment shall become a part of Article 1, Section 4, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Popular vote. Proclamation. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. CHATHAM COUNTYSCHOOL BONDS. Proposed Amendment to the Constitution. No. 53 (Senate Resolution No. 53). A RESOLUTION. To propose to the qualified voters of the State of Georgia an amendment to Article VII of Section VII of the Constitution of the State of Georgia by adding a new paragraph thereto, so as to authorize the County of Chatham to issue bonds for building and equipping school houses and appurtenances thereto and purchasing sites therefor, in said county, upon the recommendation of the Board of Public Education for the City of Savannah and the County of Chatham with the assent of a majority of the qualified voters of said county voting in an election or elections for that purpose, the said bonded debts to be incurred hereunder not to exceed in the aggregate seven per cent of the assessed value of all taxable property therein, which maximum amount shall be in addition to the maximum amount of debts allowed to be issued by the county under the provisions of Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 of the State of Georgia or which may have been heretofore issued by the County of Chatham and the bonds heretofore issued by the County of Chatham for the purposes aforesaid shall not be counted in ascertaining the maximum of bonds which may be issued hereunder. Section I. Be it resolved by the General Assembly of Georgia

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that Article VII, Section VII of the Constitution of the State of Georgia be amended so as to add to said section a new paragraph as follows: Sec. VII, Art. VII. Paragraph . The County of Chatham may, upon the recommendation of the Board of Public Education of the City of Savannah and the County of Chatham, incur bonded debts for building and equipping school houses and appurtenances thereto and for purchasing sites therefor in said county in amounts not exceeding in the aggregate seven per centum of the assessed value of all the taxable property therein, with the assent of a majority of the qualified voters of the county, voting in an election or elections for that purpose, to be held as hereinafter set forth. The amount of the bonded debts which may be incurred hereunder for the purposes aforesaid shall be in addition to the amounts of debt which may be incurred by the county under the provisions of Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 of the State of Georgia, which have heretofore been incurred by the County of Chatham and the bonds heretofore issued by the County of Chatham for the purposes aforesaid shall not be counted in figuring the maximum of bonds, which may be issued hereunder. The said elections required hereunder shall be called and held in the manner prescribed by Chapter 87-2 of the Code of Georgia of 1933 and the amendments thereof, and the bonds shall be validated in the manner provided by Chapter 87-3 of the Code of Georgia of 1933 and the amendments thereof. School bonds. Elections. Validation. The county shall at or before the time of incurring said bonded debts provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest thereof within thirty years from the date of the incurring said bonded debt, which bonded debts shall be in addition to the amounts of debts which may be incurred under Article VII, Section VII, Paragraphs I and II of the Constitution of 1945 of the State of Georgia, or which have heretofore been incurred by the County of Chatham; and the bonds heretofore issued by the County of Chatham for the purposes aforesaid shall not be counted in ascertaining the maximum amount of bonds which may be issued hereunder. Tax.

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Section II. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 `ayes' 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, For ratification of amendment to Article VII, Section VII of the Constitution of Georgia, authorizing the County of Chatham to issue bonds for building and equipping school houses and appurtenances thereto and purchasing sites therefor in Chatham County, Georgia, and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words, Against ratification of amendment to Article VII, Section VII of the Constitution of Georgia, authorizing the County of Chatham to issue bonds for building and equipping school houses and appurtenances thereto and purchasing sites therefor in Chatham County, Georgia. Popular vote. 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 Chatham 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 VII, Section VII of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof. Proclamation.

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SAVANNAH AIRPORT COMMISSION. Proposed Amendment to the Constitution. No. 54 (Senate Resolution No. 59). A RESOLUTION. Proposing to the qualified voters an amendment to Paragraph 1, Section 6, Article 5 of the Constitution of Georgia of 1945 creating in the City of Savannah, Georgia, the Savannah Airport Commission, as a constitutional commission providing for the use of funds received by said commission, providing for the hiring and firing of employees and the fixing of compensation of employees and re-affirming in all other respects the several Acts of the legislature amending the charter of the Mayor and Aldermen of the City of Savannah not in conflict with the provisions of this amendment, and expressly conferring upon them the exclusive right to manage the properties and improvements and the operation of the same placed under their jurisdiction by the several Acts of the General Assembly amending the charter of the Mayor and Aldermen of the City of Savannah. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Paragraph 1, Section 6, Article 5 of the Constitution of the State of Georgia be and the same is hereby amended by adding to the end of said paragraph the following paragraph to be known as Paragraph 1A, Section 6, Article 5 of the Constitution of the State of Georgia. Par. I, Sec. VI, Art. V. Paragraph 1A. There is hereby created for the City of Savannah, the Savannah Airport Commission, as a constitutional commission with all the rights, powers and duties heretofore delegated to the respective commission by the several Acts amending the charter of the Mayor and Aldermen of the City of Savannah, creating and establishing said commission and all the Acts supplementary thereof and amendatory thereto. Savannah Airport Commission. Be it further resolved by the authority aforesaid that said commission shall have exclusive custody and disposition of all funds collected by them or contributed to them by the Mayor

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and Aldermen of the City of Savannah, and said funds shall be used only for the purposes as set forth in the original Acts and the amendments thereto creating and establishing such commission. However, said commission shall submit an annual financial statement to the Mayor and Aldermen of the City of Savannah, which said financial statement shall be submitted to said Mayor and Aldermen of the City of Savannah not later than twenty days after the close of the calendar or fiscal year of said commission. Financial management. Be it further resolved that said commission is authorized and empowered to hire and discharge all employees necessary to fulfill the duties of said commission and to fix their salaries and/or compensation. All employees within the classified service of the City of Savannah Civil Service Act are excepted from the provisions of this paragraph. Employees. Be it further resolved that it shall be the duty of the Mayor and Aldermen of the City of Savannah to continue to support financially by annual appropriation to be provided for in the annual budget in an amount not less than the amount necessary to carry on the required function of said commission. Support by City of Savannah. Be it further resolved that said commission shall have exclusive control, custody, and direction of all land, properties and improvements vested in them by the several Acts of the General Assembly and shall have exclusive direction over the operation of the same. Property. Be it further resolved that the personnel of said commission shall continue as presently constituted subject to change as now provided or as may hereafter be provided by the several Acts creating and establishing the same and amendatory thereto. Personnel of commission. Section II. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) of the members elected to each of the two houses of the General Assembly, said amendment shall be entered on their journals with the `ayes' 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 at Savannah,

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Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, For ratification of amendment to Paragraph 1, Section 6, Article 5 of the Constitution of Georgia creating the Savannah Airport Commission; and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words, Against ratification of amendment to Paragraph 1, Section 6, Article 5 of the Constitution of Georgia creating the Savannah Airport Commission. Popular vote. 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 the City of Savannah, 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 Paragraph 1, Section 6, Article 5 of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof. Proclamation. ATLANTA CITY TAXES COLLECTIBLE BY FULTON COUNTY OFFICIAL. Proposed Amendment to the Constitution. No. 55 (House Resolution No. 179-969g). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945 so as to authorize the General Assembly to require the tax receiver, the tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta.

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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: Section 1. That the Constitution of Georgia of 1945 be amended by adding to Paragraph VI, Section I, Article XI the following words: Par. VI, Sec. I, Art. XI. Provided, however, that the General Assembly of the State shall have the authority to require or permit the tax receiver, tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta, and to permit the retention of a percentage of such collections as compensation for such services. City of Atlanta taxes collectible by Fulton County official. 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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945 authorizing the General Assembly to require or permit the tax receiver, tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta and to retain a percentage of such collections as compensation for such services, and the words, Against ratification of the amendment to Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945 authorizing the General Assembly to require or permit the tax receiver, tax collector or tax commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta and to retain a percentage of such collections as compensation for such services. Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, the County of Fulton and the City of Atlanta, said amendment shall become a part of Paragraph VI, Section I, Article XI of the Constitution of Georgia of 1945. Popular vote.

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ATLANTAHOMESTEAD EXEMPTION. Proposed Amendment to the Constitution. No. 56 (House Resolution No. 181-969i). A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945, providing that the General Assembly may exempt from taxation in the City of Atlanta the homestead, not to exceed $2,000.00, on the condition at the same time the General Assembly shall provide for an increase in the ad valorem tax rate sufficient to make up any loss from the homestead exemption. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section I, Paragraph IV the following words: Art. VII. Sec. I, Par. IV, Provided, however, that the General Assembly may, by law, exempt from taxation by the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Atlanta actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such but not to exceed $2,000.00 of its value, provided, the General Assembly at the same time shall provide for the assessment, levy and collection by the City of Atlanta of an ad valorem tax on all real and personal property within the corporate limits of said city, which is subject to taxation under the Constitution, sufficient to make up any loss from the exemption herein authorized. Homestead exception. 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 as required by law and submitted to the qualified voters of Georgia and the City of Atlanta for

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ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia, 1945, providing that the General Assembly may exempt from taxation in the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00 on the condition at the same time the General Assembly shall provide for an increase in the ad valorem tax rate sufficient to make up any loss from the homestead exemption, and the words, Against ratification of the amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia, 1945, providing that the General Assembly may exempt from taxation in the City of Atlanta, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00 on the condition at the same time the General Assembly shall provide for an increase in the ad valorem tax rate sufficient to make up any loss from the homestead exemption. Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia and the City of Atlanta, said amendment shall become a part of Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945. Popular vote. CHATHAM COUNTYINDUSTRIAL AREAS. Proposed Amendment to the Constitution. No. 60 (Senate Resolution No. 57). A RESOLUTION. A resolution proposing to the qualified voters an amendment to Paragraph 3, Section 1, Article 7, of the Constitution of Georgia of 1945 creating industrial areas adjacent to the City of Savannah, in the County of Chatham, fixing the boundaries of said industrial areas, providing for the policing of said areas, providing city services to be furnished said areas, providing for the levying of taxes in a manner different from

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the levying of taxes on other classes of property, limiting the amount of taxes that may be levied in said industrial areas, and providing for the submission of this amendment for ratification or rejection by the people, and for other purposes. Whereas, in order to sustain a natural growth and in order to encourage the progress of Savannah and Chatham County and to increase the prosperity of its people, it is necessary to encourage the location of industry adjacent to the City of Savannah and Chatham County, Therefore, it is deemed wise and expedient to create industrial areas suitable for the location of industry adiacent to the City of Savannah along the Savannah River and to provide for the furnishing of certain services. Be it resolved by the General Assembly of the State of Georgia that: Section I. That Article 7, Section 1, Paragraph 3 of the Constitution of the State of Georgia be and the same is hereby amended by adding to the end thereof the following paragraph to be known as Paragraph 3A, Section 1, Article 7, of the Constitution of the State of Georgia of 1945. Part III, Sec. I, Art. VII. Paragraph 3A. There is hereby created along the Savannah River, both east and west of the present limits of the City of Savannah, areas to be known as industrial areas; said industrial areas shall include all the land and improvements located within the following boundaries: Industrial area No. 1. Beginning at the city limits of Savannah on the west and including all of the property within the following boundaries: Bounded on the east by the present city limits of Savannah; on the north by the Savannah River and the present city limits of Savannah; on the west by Brampton Road; and on the south by Highway No. 17, commonly known as the Port Wentworth Road. Industrial area No. 1 Industrial area No. 2. Including all of the lands within the following boundaries: Bounded on the east by the present city limits of the City of Savannah; on the north by the Savannah River; on the east by St. Augustine Creek, also known as extension of Wilmington River to the Savannah River, and on

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the south by the southern boundary of the right of way of the Central of Georgia Railway property, formerly known as the Tybee Division; and on the west by the present eastern limits of the City of Savannah; except, the following: Industrial area No. 2. All that tract or parcel of land lying and being in the 5th G. M. District of Chatham County, Georgia, east of the City of Savannah and known as the southern portion of the Terry-Brittain tract and being more particularly described as follows: Beginning at the point of intersection of the northern line of President Street Extension with the eastern line of the Shipyard Road, said point of beginning being forty-five and twelve hundredths (45.12) feet easterly, as measured along the northern side of President Street Extension from the eastern line of property of the Atlantic Coast Line Railroad, and from said point of beginning running thence in a northerly direction along the eastern line of said Shipyard Road a distance of six hundred thirty (630) feet to a concrete monument on the eastern line of said road; running thence in an easterly direction along a line forming an interior angle of 109 degrees 19 minutes 38 seconds with the preceding line a distance of twelve hundred twenty-six and thirty-one hundredths (1226.31) feet to a concrete monument on the eastern line of said Terry-Brittain tract; running thence in a southerly direction along the eastern line of said Terry-Brittain tract, said line forming an interior angle of 65 degrees 25 minutes 22 seconds with the preceding line, a distance of nine hundred sixty-three and fifty hundredths (963.50) feet to the north line of President Street; thence in a westerly direction along the north line of President Street ten hundred seventy-one and seventy-seven hundredths (1071.77) feet to the point of beginning; said tract containing 21.02 acres, more or less. Industrial area No. 3. Including all the land known as Hutchinson Island to the low-water mark of said island lying and being between the Savannah River and what is commonly known as Back River, said tax not to be applicable to said area until services are able to be furnished by said city. Wherever the language present city limits is used hereinbefore in describing the said boundaries, said language shall be taken and accepted to mean the present city limits as they existed January 1, 1950. Industrial area No. 3.

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Be it further resolved by the authority aforesaid that said industrial areas as above described, which are not included within the corporate limits of Savannah and shall not hereafter be included within the limits of the City of Savannah except by process of constitutional amendment, shall, nevertheless, be subject to taxation by the Mayor and Aldermen of the City of Savannah in a different manner from which other land and improvements are taxed and in a different amount. The Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to levy taxes as against land and improvements located within said areas; the levying of taxes shall be limited to five (5) mills on the dollar and the assessment of said property shall be the same assessment as is made by the County of Chatham on the tax returns of the property and improvements located within said area. Taxation within areas. (a) Be it further resolved that in consideration of the said taxes to be paid within said industrial areas that it is mandatory that the Mayor and Aldermen of the City of Savannah furnish the following city services, to wit: water service at prevailing industrial rates and services of the fire department. The mayor and aldermen are hereby expressly prohibited from exercising regulatory licensing or any other municipal or other governmental function or police jurisdiction over said areas and the police jurisdiction over said areas shall be retained as now in effect under the jurisdiction of the Chatham County police. City services. Police. Section II. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 `ayes' 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 newspaper at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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

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or printed on the ballot the words, For ratification of amendment to Article 7, Section 1, Paragraph 3 of the Constitution of Georgia, authorizing the creation of industrial areas adjacent to the City of Savannah in Chatham County, and all persons opposed to the adoption of said amendment shall have written or printed on the ballot the words, Against ratification of amendment to Article 7, Section 1, Paragraph 3, of the Constitution of Georgia, authorizing the creation of industrial areas adjacent to the City of Savannah in Chatham County. Popular vote. 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 Chatham 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 1, Paragraph 3, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof. Proclamation. CHATHAM COUNTYADDITIONAL EDUCATION TAX. Proposed Amendment to the Constitution. No. 61 (Senate Resolution No. 55). A RESOLUTION To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section XII, of the Constitution of the State of Georgia, by adding a new paragraph thereto, so as to require the Commissioners of Chatham County and Ex-Officio Judges thereof, to levy taxes for educational purposes on all the taxable property in said county, in addition to the maximum tax for the support and maintenance of education allowed by Article VIII, Section XII, Paragraph I, of said Constitution, upon the recommendation of The Board of Public Education for the City of Savannah and the County of Chatham; provided such taxes are authorized by the voters of Chatham County.

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Section I. Be it resolved by the General Assembly of Georgia that Article VIII, Section XII, of the Constitution of the State of Georgia be amended so as to add to said section a new paragraph as follows: Sec. XII. Art. VIII. Paragraph . Authority to levy taxes in Chatham County for educational purposes . The Commissioners of Chatham County and Ex-Officio Judges thereof, are hereby required to levy taxes on all the taxable property in said county for educational purposes (including the support and maintenance of the public schools of said county, the building of school houses and appurtenant facilities and equipping the same, and acquiring the land therefor), in addition to the maximum tax for support and maintenance of education allowed by Article VIII, Section XII, Paragraph I of said Constitution, upon the recommendation of the Board of Public Education for the City of Savannah and the County of Chatham to said commissioners, provided said taxes are authorized by the voters of Chatham County in an election or elections called for such purposes and held in the manner and certified as to the result as hereinafter set forth. Additional taxes for educational purposes. Whenever said Board of Public Education shall recommend to said commissioners the levy of an additional tax or taxes hereunder, and shall specify in such recommendation the purpose or purposes for which the tax is proposed to be levied and the rate of tax, and send a copy of such recommendation to the ordinary, it shall be the duty of the ordinary to call an election as recommended by said board of public education, not earlier than twenty (20) days nor later than sixty (60) days after said recommendation to said commissioners. Elections. The ordinary shall publish the call for said election in the newspaper in Chatham County in which sheriffs' advertisements are published, three times before the date on which said election is to be held. Said elections shall be held as ordinary county elections are held, and the electors in said election shall be those regularly qualified to vote in State and county elections. A majority of those voting shall be necessary to carry said election in favor of the proposed tax. Those favoring the levy of the proposed tax shall vote For the

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proposed tax and those opposed shall vote Against the proposed tax. The county shall pay the expenses of said election and shall be reimbursed the said expenses, as hereinafter set forth, if the election is carried in favor of the proposed tax. Notice, management, etc. The returns of said election shall be made to the ordinary of the county, who shall declare the result and certify it to the Commissioners of Chatham County and Ex-Officio Judges thereof, and if the certificate of the ordinary shows that the election was carried in favor of the proposed tax, the said commissioners shall then levy the tax and the county tax collector shall collect the taxes so levied and pay the proceeds of the same over to the said board of public education, less the expenses of holding the said election, which expenses shall be reimbursed the county out of said tax. Results. Levy. The powers hereby conferred on the Commissioners of Chatham County and Ex-Officio Judges, on The Board of Public Education for the City of Savannah and the County of Chatham, and on the Ordinary of Chatham County, shall inure to whatever other bodies and persons shall succeed to their functions, respectively, in connection with these matters. The powers hereby granted shall exist notwithstanding other provisions of the Constitution or the general and special laws of this State. The powers hereby conferred shall not be exhausted by one election, but additional elections for additional taxes may be thereafter held and the taxes authorized by said election shall be levied annually, or so much thereof as may be recommended by the said board of public education to the said commissioners of Chatham County. Annual levy. Section II. Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 `ayes' and `nays' taken thereon and shall, by the Governor, be published in one of more newspapers in each congressional district, and in one of more newspapers

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of Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, For ratification of amendment to Article VIII, Section XII of the Constitution of the State of Georgia, requiring the Commissioners of Chatham County and Ex-Officio Judges thereof to levy a tax for educational purposes on all taxable property in said county in addition to the maximum tax for support and maintenance of education allowed by Article VIII, Section XII of the Constitution and all persons opposed to the adoption of said amendment shall have written or printed on said ballot the words Against ratisfication of amendment to Article VIII, Section XII of the Constitution of the State of Georgia, requiring the Commissioners of Chatham County and Ex-Officio Judges thereof to levy a tax for educational purposes on all taxable property in said county in addition to the maximum tax for support and maintenance of education allowed by Article VIII, Section XII of the Constitution. Popular vote. 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 Chatham County, shall vote for ratisfication thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said amendment shall become a part of Article VIII, Section XII of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof. Proclamation. EASTERN JUDICIAL CIRCUITPRO HAC VICE JUDGES. Proposed Amendment to the Constitution. No. 62 (Senate Resolution No. 78). A RESOLUTION Proposing to the qualified voters of Georgia an amendment to Article VI, Section V, Paragraph I (Code Sup. 2-4001) of the

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Constitution of Georgia, so as to authorize the designation of judges pro hac vice in the Eastern Judicial Circuit of Georgia, to fix their authority while so acting; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section I. That Article VI, Section V, Paragraph I (Code Sup. 2-4001) of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof the following: Par. I, Sec. V Art. VI. Provided, however, that the Judge of the Superior Court of the Eastern Judicial Circuit of Georgia may hereafter, in his discretion, designate the Judge of the City Court of Savannah, or the Chief Judge of the Municipal Court of Savannah, or both, as judges pro hac vice in his stead for the purpose of trying cases and handling matters, civil and criminal, in the Superior Court of Chatham County, and said judges pro hac vice, shall possess the rights and powers vested in the judge of said superior court for such period and in such matters as the judge of the superior court may designate, by order. Judges pro hac vice. Section II. 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 of more newspapers in each congressional district, and in one or more newspapers in Chatham County, Georgia, for two months previous to the time of holding the next general election at which members of the General Assembly are chosen, and said amendment shall be submitted to the people at the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots, For ratification of amendment to Article VI, Section V, Paragraph I, (Code Sup. 2-4001) of the Constitution of Georgia authorizing the designation of pro hac vice judges in the Eastern Judicial Circuit of Georgia, etc.; and all persons opposed to the adopting of said amendment shall have written or printed on their ballots, Against ratification

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of amendment to Article VI, Section V, Paragraph I (Code Sup. 2-4001) authorizing the designation of pro hac vice judges in the Eastern Judicial Circuit of Georgia, etc. If a majority of the electors voting thereon in the State as a whole and also a majority of said electors, voting thereon in Chatham County shall vote for ratification thereof, when the returns shall be consolidated as required by law for election of members of the General Assembly, the said amendment shall become a part of Article VI, Section V, Paragraph I, of the Constitution of the State, and the Governor shall make his proclamation thereof. Proclamation. Section III. That if and in the event that said proposed amendment is approved as provided by law, upon the Governor issuing his proclamation as provided by law the provisions of said constitutional amendment shall become effective and said resolution shall be self-executing without the necessity of further or additional legislation. Self-executing. FULTON COUNTYCONTRIBUTIONS TO SUPPORT OF STATE INSTITUTIONS. Proposed Amendment of the Constitution. No. 66 (House Resolution No. 77-513a). A RESOLUTION. To propose to the qualified voters of Georgia an amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia of 1945 which will provide that the governing authorities of Fulton County may appropriate, budget and disburse county funds for the support of any institution within the limits of such county which is owned by the State of Georgia or any agency 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 Article VII, Section V, Paragraph I of the Constitution

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of Georgia of 1945 be, and the same is, hereby amended by adding thereto the following: Par. I, Sec. V, Art. VII. provided, however, that the governing authorities of Fulton County shall be authorized to appropriate, budget and disburse county funds for the support of any institution within the limits of such county which is owned by the State of Georgia or by any agency thereof. Contributions by Fulton County to State Institutions. 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 V, Paragraph I of the Constitution authorizing Fulton County to contribute to the support of State-owned institutions within its limits, 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 VII, Section V, Paragraph 1 of the Constitution authorizing Fulton County to contribute to the support of State-owned institutions within its limits. If adopted, the result shall be declared and said amendment shall become a part of Article VII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945 and the Governor shall make a proclamation thereof as provided by law. Popular vote. Proclamation. Section 3. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

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FULTON COUNTY SCHOOL DISTRICT DEBT. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 132-814b). A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia to provide that notwithstanding the 7% debt limitation provided in said article, section and paragraph, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property in said school district, but shall not exceed 10% thereof. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section VII, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto the following: Par. I, Sec. VII, Art. VII. Notwithstanding the 7% limitation herein provided, the debt incurred by the Fulton County Board of Education for the Fulton County School District may exceed 7% of the assessed value of all the taxable property therein, but shall not exceed 10% of such assessed value. Limitation, Fulton County School District debt. 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 the Fulton County School District, for two months previous to the time of holding the next general election at which members of the General Assembly are chosen, and said amendment shall be submitted to the people at said next general election. Popular vote. All persons voting at said election in favor of adopting proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of

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amendment to Article VII, Section VII, Paragraph I, of the Constitution, increasing the debt limitation in the Fulton County School District from 7% to 10% of assessed values of all taxable property therein; 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 VII, Section VII, Paragraph I, of the Constitution, increasing the debt limitation in the Fulton County School District from 7% to 10% of assessed values of all taxable property therein. 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 the Fulton County School District, 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 VII, Section VII, Paragraph I, of the Constitution of the State and the Governor shall make a proclamation thereof. Proclamation. CITY OF ATLANTA TO ASSUME PORTION OF FULTON COUNTY SCHOOL DISTRICT DEBT IF LIMITS EXTENDED. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 180-969h). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia of 1945, so as to provide that if the corporate limits of the City of Atlanta are extended, the City of Atlanta shall assume and pay a proportionate part of the Fulton County School District bonds. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section VII, Paragraph I, the following words: Par. I, Sec. VII, Art. VII. Except that if the corporate limits of the City of Atlanta are extended, the City of Atlanta shall assume that portion of the Fulton County School District bonded indebtedness created prior to the year 1950 and outstanding at the time of such extension as the taxable value of property in the annexed area, subject to taxation for bond purposes, bears to the whole taxable value of property in said school district at the time of annexation or extension, and such liability so assumed shall be liquidated by the City of Atlanta levying a uniform ad valorem tax throughout said city for the purpose of producing funds to pay said principal of and interest on its determined proportionate liability; provided, however, that nothing herein contained shall be construed as affecting the rights of any holder of Fulton County School District bonds. The amount to be paid to the said school district shall be determined annually and included in the City of Atlanta's annual budget and necessary taxes assessed at the uniform rate throughout the entire area of the City of Atlanta as extended for the aforementioned purpose, and the sums required to meet the city's liability to the said school district shall be paid to the Secretary of the Fulton County Board of Education on or before December 31 in each year during the life of any bonds of the said school district created prior to the year 1950 and outstanding. If corporate limits extended, City of Atlanta may assume portion of Fulton County school district bonded indebtedness. 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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia, 1945, requiring the City of Atlanta to assume and pay a proportionate part of the Fulton County School District bonds upon extension of the corporate

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limits, and the words Against ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia, 1945, requiring the City of Atlanta to assume and pay a proportionate part of the Fulton County School District bonds upon extension of the corporate limits. Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, Fulton County and the City of Atlanta, said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945. Popular vote. CITY OF ATLANTAADDED TERRITORY PART OF CITY SCHOOL SYSTEM Proposed Amendment to the Constitution. No. 73 (House Resolution No. 182-969j). A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to provide that upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section V, Paragraph I, the following words: Par. I, Sec. V, Art. VIII. Provided, however, that when the corporate limits of the City of Atlanta are extended into Fulton County, the territory embraced therein shall become a part of the independent

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school system of the City of Atlanta and shall cease to be a part of the school system of the county. The school property located within the area embraced in the extension shall become the property of the City of Atlanta. Added territory part of city school system. 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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia, 1945, providing that upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta, and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta, and the words, Against ratification of the amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, 1945, providing that upon extension of the corporate limits of the City of Atlanta into Fulton County, the territory embraced therein shall become a part of the independent school system of the City of Atlanta, and shall cease to be a part of the school system of the county and that the school property located within the area embraced in the extension shall become the property of the City of Atlanta. Returns shall be made and the results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, Fulton County and the City of Atlanta, said amendment shall become a part of Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945. Popular vote.

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HANCOCK COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 183-985a). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide for the election of members of the County Board of Education of Hancock County by the people; to provide for their terms of office and qualifications; 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 Georgia: Section 1. That Article VIII, Section V, Paragraph I of the Constitution of Georgia be amended by adding at the end thereof the following: Par. I, Sec. V, Art. VIII. The members of the County Board of Education of Hancock County shall be elected by the people of the county living outside the area embraced within any independent school system. Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Hancock County to issue the call of an election for the purpose of electing by the qualified voters of Hancock County outside the area embraced within any independent school system, the members of the county board of education. The time of such election shall be set not less than thirty and not more than sixty days after the issuance of the call thereof by the ordinary. Such election shall be held in the same manner as elections for county officers are held. The board shall be composed of five freeholders. At this election, the member receiving the highest number of votes shall have a term which shall expire January 1, 1957. The two members receiving the next votes shall have a term expiring January 1, 1955, and the two members receiving the next highest votes shall have a term expiring January 1, 1953. Thereafter the terms of the members elected shall be six years each. In case of a vacancy on said board by the death or

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resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall by secret ballot elect his successor who shall hold office for the unexpired portion of such member's term. From and after the ratification of this amendment the grand jury of Hancock County shall make no further appointments of members of the county board of education, but the present members of the board may serve until their successors are duly elected as herein provided. No person shall be eligible to hold office as a member of the county board of education who lives within the territory embraced within any independent school system. 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. 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 good knowledge of the elementary branch of the 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. County Board of Education of Hancock County to be elected by the people. Section 2. Be it resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Hancock County. Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Hancock County. If a majority of the electors qualified to vote for members of the

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General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia. Popular vote. Proclamation. BALDWIN COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 83-573b). A RESOLUTION. Proposing to the qualified voters an amendment to Article 8, Section 5, Paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Baldwin 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 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: Par. I, Sec. V, Art. VIII. The members of the County Board of Education of Baldwin 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 Baldwin 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

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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. One member of the county board of education shall be elected from General Militia District No. 320, one member from General Militia District No. 321, and two members from the county at large, and only the registered and qualified voters in each of the above three school districts shall vote for the election of a member or members from that district. These two districts and the City of Milledgeville shall constitute the three school districts of Baldwin County. The County School Superintendent of Baldwin County shall automatically be a member of the county board of education, and as such shall constitute the fifth member of said board. The members of the county board of education shall elect their own chairman. County Board of Education of Baldwin County to be elected by the people. 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. That from and after the ratification of this amendment the grand jury of Baldwin 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. No person shall be eligible to hold office as a member of the county board of education who is not of good moral charaster, 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. 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

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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 Baldwin 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 for the election of members of the Baldwin 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 Baldwin 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 State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Popular vote. Proclamation.

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DOUGHERTY COUNTYMERGER OF SCHOOL SYSTEM WITH THAT OF CITY OF ALBANY. Proposed Amendment to the Constitution. No. 76 (House Resolution No. 124-784b). A RESOLUTION. To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, Paragraph 1 of the Constitution of Georgia, 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 Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district co-extensive with the limits of Dougherty County. Section 1. Be it resolved by the General Assembly of Georgia that Article VIII, Section V, Paragraph 1 of the Constitution of Georgia be, and the same is hereby amended by adding at the end thereof a new paragraph to read as follows: Merger of existing independent school system of City of Albany and existing school district in Dougherty 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 Albany and the existing school district in the County of Dougherty outside the corporate limits of said city so that the entire area of Dougherty County shall constitute one school district or system, the independent school system in the City of Albany and the existing school district in Dougherty County outside said corporate limits of said city being thereby abolished. Merger of existing systems. The school district so created by the General Assembly is hereby authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor. Bonds.

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The General Assembly shall provide for a new political entity, the affairs of which are to be managed by a board of education, to bear such name and have such powers as may be provided in said Act. The General Assembly shall also provide the terms and method of appointing or electing the members of the board of education. The board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said board of education is hereby authorized and empowered to operate, conduct, and control said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution, to contract and be contracted with, to appoint and employ teachers and to fix their salaries, and to do all and every act or acts as may be necessary for the proper maintenance and operation of a comprehensive school system throughout the limits of Dougherty County. Board of education. From and after the ratification of this amendment, the voters of Dougherty County shall no longer elect the county school superintendent. The General Assembly shall have authority to abolish, without a referendum, the term of the present county school superintendent of Dougherty County. The board of education shall elect or employ a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law. Superintendent. Notwithstanding any other provision of this Constitution, the fiscal authorities of Dougherty County shall levy a tax for the support and maintenance of said school system of not greater than twenty (20) mills upon the dollar (as recommended by the board of education) uniform throughout the county, of all taxable property in the county. School tax. Notwithstanding any other provision of this Constitution or any provisions of law, the commissions or fees of the Tax Collector of Dougherty County for collection of monies for school purposes shall not exceed the following rates: Two and one-half percent on the first one hundred and twenty-five thousand dollars ($125,000.00) collected. One percent on the second one hundred and twenty-five thousand dollars ($125,000.00) collected. One-half of one percent on all amounts collected above two hundred and fifty thousand dollars ($250,000.00).

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The above schedule of rates shall apply to all collections of moneys for school purposes including that collected for operation, maintenance, bond retirements, interest payments, and for any other school purpose by whatever name called. Should the Tax Collector of Dougherty County be changed from a fee to a salary, this provision shall become inoperative. Tax collector's commissions. The General Assembly may authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the board of education herein created for educational purposes. Appropriations. The specifications 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 purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Dougherty County. Construction of provisions. 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 any general or special laws of the State. The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant hereto. 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 Albany having general circulation throughout Dougherty County, for two months next preceding the time of holding the next general election at which members of the General Assembly are chosen.

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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 publication provided for in Section II of this resolution, 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 V, Paragraph 1, of the Constitution of Georgia, by adding a new paragraph authorizing the General Assembly to pass a special Act of Acts to merge the existing school system of the City of Albany and the existing school district in the County of Dougherty 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 V, Paragraph 1, 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 Albany and the existing school district in the County of Dougherty lying outside the corporate limits of said city into one school district or system coextensive with the limits of said county. 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 Dougherty County, vote in favor of the ratification of said proposed amendment, then said proposed amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns of elections for members of the General Assembly; and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such proposed amendment be ratified, make proclamation thereof. Proclamation.

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MERIWETHER COUNTY BOARD OF EDUCATION. Proposed Amendments to the Constitution. No. 77 (House Resolution No. 129-784g). A RESOLUTION. Proposing to the qualified voters an amendment to Article 8, Section 5, Paragraph 1 and an amendment to Article 8, Section 6, Paragraph 1 of the Constitution of Georgia of 1945, so as to provide for the division of Meriwether 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 local boards of trustees in each of the school districts of Meriwether County; to provide for the terms of office and the qualifications of the local boards of trustees of Meriwether County; to provide for the election of the County School Superintendent of Meriwether County by the county board of education; to provide for the submission of this 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 of 1945 be and the same is hereby amended by adding at the end thereof a new paragraph as follows, to wit: Par. I, Sec. V, Art. VIII. The members of the County Board of Education of Meriwether County shall be elected by the people at the same time and for the same term that other county officers of Meriwether County 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 Meriwether County to call an election for the purpose of electing by the qualified voters of each school district, as defined herein, a member of the county board of education from that school district. The members of the board of education who are elected at that time shall hold office until their successors are elected and qualified. Vacancies shall

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be filled by special election and it shall be the duty of the Ordinary of Meriwether County to call such election in accordance with and in the same manner as elections are called to fill vacancies is the office of clerks of superior court, as now provided by law. The County of Meriwether shall be and the same is hereby divided into five (5) school districts to be numbered and comprised as follows: Election of County Board of Education of Meriwether County. School districts. First School District, to be composed of the 1400th, 1281st, 1408th, and the 657th Georgia Militia Districts. Second School District, to be composed of the 715th, 665th, 1495th, 1401st, 1213th and 809 Georgia Militia Districts. Third School District, to be composed of the 669th, 1474th, 705th and 706th Georgia Militia Districts. Fourth School District, to be composed of the 1290th and the 1520th Georgia Militia Districts. Fifth School District, to be composed of the 726th and the 704th Georgia Militia Districts. One member from each of the foregoing school districts of Meriwether County shall be elected to serve on said county board of education and only the registered and qualified voters in each of said school districts shall vote for the election of a member from that school district. That from and after the ratification of this amendment the grand jury of Meriwether 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. 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 is not favorable to the common school system, who has not at least a fair knowledge of the elementary branch of an English education, who is not a voter qualified to vote for members of the General Assembly, and who does not reside in the school district from which he is elected. There is hereby created in and for each of the aforesaid school districts of Meriwether County a local board of trustees, composed of five (5) members, who shall have the same qualifications as the members of the county board of education, and who shall be elected at the same time and

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in the same manner as the members of said county board of education. Such local boards of trustees shall have the same powers, duties and functions as now provided by existing law. Election by districts. District trustees. Section 2. That Article 8, Section 6, Paragraph 1 of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof a new paragraph as follows, to wit: Par. I, Sec. VI, Art. VIII. The County School Superintendent of Meriwether County shall be elected or appointed by the County Board of Education of Meriwether County and shall serve at the pleasure of the said Board. From and after the ratification of this amendment the voters of Meriwether County shall no longer elect the County School Superintendent of Meriwether County but the present county school superintendent shall serve until his successor is chosen as herein provided. Appointment of superintendent. Section 3. Be it further resolved that when this proposed amendment shall be agreed to by two-thirds of the members elected to each of the 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 to the people for ratification or rejection. All persons voting in said election if 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 and Paragraph 1, Section 6, Article 8 of the Constitution providing for the election of members of the Meriwether County Board of Education and the appointment of the County School Superintendent of Meriwether County; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification

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of amendment to Paragraph 1, Section 5, Article 8 and Paragraph 1, Section 6, Article 8 of the Constitution providing for the election of members of the Meriwether County Board of Education and the appointment of the County School Superintendent of Meriwether County. 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 Meriwether 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 State to ascertain the results and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Popular vote. Proclamation. FULTON COUNTY SCHOOL TAX. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 131-814a). A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the homestead exemption from taxation shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section I, Paragraph IV of the Constitution of Georgia be amended by adding thereto the following paragraph: Par. IV, Sec. I, Art. VII. The homestead exemption herein provided for shall not apply to school taxes assessed and collected by the taxing authorities of Fulton County for the support and maintenance of education as recommended by the Fulton County Board of Education. Homestead exemption not applicable, Fulton County school tax.

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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 of more newspapers in each congressional district, and in one or more newspapers in the Fulton County School District, for two months previous to the time of holding the next general election at which 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 proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption from taxation shall not apply to the assessment and collection of taxes for the support and maintenance of education in Fulton County; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemption from taxation shall not apply to the assessment and collection of taxes for the support and maintenance of education in Fulton County. 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 the Fulton County School District, 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 VII, Section I, Paragraph IV, of the Constitution of the State and the Governor shall make a proclamation thereof. Proclamation.

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ATLANTA JUDICIAL CIRCUITSUPPLEMENT TO JUDGES SALARIES BY FULTON COUNTY. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 136-814f). A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section 12, Paragraph 1 of the Constitution of Georgia, to provide that the Board of County Commissioners of Fulton County et cetera shall supplement from the said county's treasury the salaries of each of the Judges of the Atlanta Judicial Circuit by the sum of four thousand ($4,000.00) per annum, payment of such salaries to be made to the judges now in office during their present or subsequent terms, as well as to their successors. Be it resolved by the General Assembly of Georgia: Section 1. That Article VI, Section 12, Paragraph 1 of the Constitution of Georgia be amended by adding the following words to said Paragraph 1: Par. I. Sec. XII Art. VI. Provided further that the Board of County Commissioners of Fulton County, or such other board or authority as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action, supplement from said county's treasury, the salaries of each of the Judges of the Superior Court of the Atlanta Judicial Circuit, by the sum of four thousand dollars ($4,000.00) per annum, which shall be in addition to the amounts received by said judges out of the State treasury; and such payments are declared to be a part of the court expenses of said county and such payments shall be made to the judges now in office during their present or subsequent terms, as well as to their successors with the authority in the General Assembly to increase such salary from the county treasury. Atlanta Judicial Circuit judges, supplement to salaries. Section 2. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members

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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 1, Section 12, Article VI, of the Constitution, providing that the Board of County Commissioners of Fulton County shall supplement from said county's treasury the salaries of each of the judges of the Atlanta Judicial Circuit by the sum of four thousand dollars ($4,000.00) per annum; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Paragraph 1, Section 12, Article VI, of the Constitution, providing that the Board of County Commissioners of Fulton County shall supplement from said county's treasury the salaries of each of the judges of the Atlanta Judicial Circuit by the sum of four thousand dollars ($4,000.00) per annum. Popular vote. If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. 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.

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MUSCOGEE COUNTYASSESSMENTS FOR STREET IMPROVEMENTS OUTSIDE MUNICIPALITIES. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 137-814g). A RESOLUTION. To propose to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee county may make and levy special assessments for street improvements, in approved subdivisions in said county, against abutting property therein, upon such terms and conditions as may be imposed by the General Assembly. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945, as heretofore amended, be further amended by adding at the end thereof a new subparagraph in the following words, to wit: Provided that Muscogee County may assess the cost of street improvements in approved subdivisions in said county outside the limits of any incorporated municipality, including grading, curbing, guttering, paving, repaving, and repairing of streets, sidewalks and intersections, and otherwise improving the same, against abutting real estate therein, and such special assessments may be made liens against such abutting property with the same rank as county ad valorem taxes, all upon such terms, conditions, restrictions and regulations as may be imposed by the General Assembly. Par. I, Sec. IV, Art. VII. Assessments for street improvements, outside corporate limits. Section 2. Be it further resolved by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and directed to cause such amendment to be published in one or more newspapers in

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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. Section 3. Be it further resolved by the authority aforesaid that the above proposed amendment shall be submitted for ratification or rejection to the electors of 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 VII, Section IV, Paragraph I, of the Constitution of Georgia, by adding thereto the provision that Muscogee County, Georgia, may make and levy special assessments for street improvement purposes against abutting property, as provided in said amendment; 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 VII, Section IV, Paragraph I, of the Constitution of Georgia, by adding thereto the provision that Muscogee County, Georgia, may make and levy special assessments for street improvement purposes against abutting property, as provided in said amendment. 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

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the result and to certify the result to the Governor, who shall, if such proposed amendment be ratified, make proclamation thereof. Proclamation. DEKALB COUNTY SCHOOL TAX. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 148-878b). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Paragraph IV, Section I, 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, Section I of Article VII of of the Constitution of Georgia be and the same in hereby amended by adding at the end thereof a provision to read as follows: Par. IV, Sec. I, Art. VII. 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 the property located in said county not included in any independent school system located therein, including the property which

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may be exempted from State and county taxation by virtue of this paragraph of the Constitution. DeKalb County school tax. Section 2. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one of 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 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 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 DeKalb 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 VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 and the Governor shall make proclamation thereof accordingly. Popular vote. Proclamation.

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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. REWARD FOR FIRST PRODUCING OIL WELL IN STATE. Proposed Amendment to the Constitution. No. 82 (House Resolution No. 149-878c). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph II, Subparagraph 1, of the Constitution of the State of Georgia so as to authorize the General Assembly to provide by law for the payment on one hundred thousand dollars ($100,000.00) to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article VII, Section I, Paragraph II, Subparagraph 1 of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: Provided, however, that the General Assembly is hereby authorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia, provided said commercial oil well shall be a well producing at least 250 barrels of oil per day as determined by State Geologist., so that said Subparagraph 1 when so amended shall read as follows: Subpar. I, Par. II, Sec. I, Art. VII. 1. The General Assembly shall not by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association. Provided, however, that the General Assembly is hereby authorized to provide by law for the payment of one hundred thousand dollars ($100,000.00) to

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the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia, provided said commercial oil well shall be a well producing at least 250 barrels of oil per day as determined by State Geologist. Reward for first producing oil well in State. Section 2. Be it resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection as one single amendment to the Constitution at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words For ratification of amendment to Article VII, Section I, Paragraph II, Subparagraph 1 of the Constitution, so as to authorize the General Assembly to provide for the payment of one hundred thousand dollars ($100,000.00) for bringing in the first commercial oil well in this State. Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words Against ratification of amendment to Article VII, Section I, Paragraph II, Subparagraph 1 of the Constitution, so as to authorize the General Assembly to provide for the payment of one hundred thousand dollars ($100,000.00) for bringing in the first commercial oil well in this State. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia. Popular vote.

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TAYLOR COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 83 (House Resolution No. 171-949a). A RESOLUTION. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia so as to provide for the division of Taylor County into nine 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 submission of amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same: Section 1. Upon the approval of this resolution in the manner hereinafter provided, Paragraph I of Section V of Article VIII be, and the same is hereby amended by adding at the end thereof a new paragraph which shall read as follows: Par. I, Sec. V, Art. VIII. The members of the County Board of Education of Taylor County shall be elected by the people at the same time and for the same term that other county officers are elected, shall hold their offices until their successors are elected or qualified, and shall receive five ($5.00) dollars per day for time served in regularly organized meetings of the board. For the purposes of this resolution, each of the existing militia districts in Taylor County shall be known and designated as a school district. One member from each of these districts shall be elected to serve on said board, and only the registered and qualified voters in each district shall vote for the election of a member from that district, a majority vote being necessary for election. Within thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Taylor County to issue a call for an election, to be held in not less than twenty nor more than thirty days, for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that district.

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Should a vacancy occur in the office of any member, the ordinary shall, within thirty days, issue a call for a special election, to be held in not less than twenty nor more than thirty days, so that a successor may be elected by the registered and qualified voters of the district. The nine-member county board of education shall have the same powers and duties as the present county board of education and shall elect its own chairman. Taylor county board of education. Election. School districts. Vacancies. To be eligible to hold office as a member the county board of education, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of an English education, be favorable to the common school system, and be qualified to vote for the members of the General Assembly. No publisher of school books, or agent for such publisher, or 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. After the ratification of this amendment, the grand jury of Taylor County shall make no appointments of members of the county board of education. Qualifications of members. Section 2. When this amendment shall have been approved by the requisite two-thirds of the members of each house of the General Assembly of the State of Georgia, the same shall be entered on their journals with the ayes and nays taken thereon and 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. 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 to the people for ratification or rejection. At said election the ballots shall have printed thereon, For amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the County Board of Education of Taylor County, and Against amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the County Board of Education of Taylor County. If a majority of the qualified voters at such election shall vote

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For the ratification of the amendment, the same shall become a part of the Constitution of the State of Georgia, and the Governor of the State shall make proclamation thereof. Popular vote. Proclamation. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. A Proposed Bill to Elect School Superintendent by Board of Education. This is to announce to the voters of Taylor County that a bill will be introduced in General Assembly in January, 1950, requiring the Constitution of Georgia to be amended as follows: Proposed to the qualified voters an amendment to Paragraph I, Section 5, Article 8 of the Constitution of Georgia of 1945 so as to provide for a County Board of Education for Taylor County, Georgia, to be composed of nine (9) members, each school district represented. To provide the qualifications of the board members, their terms of office and the manner of their election; to visit 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, and for other purposes. This 28th day of November, 1949. D. E. Byrd, Representative, Taylor County. Georgia, Taylor County. Before me, an officer of said State authorized to administer oaths, personally came O. E. Cox, who having been duly sworn, deposes and says that he is publisher of the Butler Herald, the official organ of Taylor County, Georgia, and that the attached notice in regard to a bill to increase Taylor County Board of Education from 5 members to 9; each school district in Taylor County being represented, and that said notice was published in said paper four times to wit: On Dec. 8th, 15th, 22nd and 29th, 1949. O. E. Cox, N. P.

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Sworn to and subscribed before me, this Jan. 12th, 1950. Thelmon Jarrell (Seal) Clerk Superior Court, Taylor County, Ga. FORSYTH COUNTY REFUNDING BONDS. Proposed Amendment to the Constitution. No. 84 (House Resolution No. 178-969f). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of Georgia so as to authorize Forsyth County by vote of its fiscal authority to issue, in addition to all other bonds, refunding bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said county; to provide that in the event such warrant indebtedness is paid off and retired that said county shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to provide that the bills and claims of and against said county and its treasury shall be paid by check and how such checks shall be executed; to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said county for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said county to make provision for paying off and retiring said bonds; to provide that the proceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Article VII, Section VII, Paragraph I, of the Constitution of Georgia, which has heretofore been

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amended shall be further amended by adding thereto a paragraph in the following words and language, to wit: Par. I, Sec. VII, Art. VII. Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Forsyth County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said county, including interest due or payable thereon, as the same appears of record in the office of the board of commissioners of roads and revenues of said county on the date as determined by the said board of commissioners of roads and revenues, which date shall be not earlier than 10 days and not more than 60 days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as Refunding Bonds. Forsyth County Refunding bonds. In the event the privilege granted herein is exercised by said county after said date as so determined by said board, said county and the board of commissioners of roads and revenues thereof are prohibited from issuing warrants and deferred payment orders on the treasury of said county, and said county shall thereafter be operated on a cash basis, so that all bills and claims chargeable to or against said county or payable by the treasury of said county shall be paid monthly or otherwise as may be determined by the board of commissioners of roads and revenues of said county, by checks drawn on the depository or depositories holding the funds of said county, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than outstanding checks, all such checks to be signed by the chief executive officer of said board of commissioners of roads and revenues of said county, with the right in said board of commissioners of roads and revenues to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful county purposes heretofore made and made in the year 1950 and in each year thereafter by the board of commissioners of roads and revenues, charged with the duty of managing said county's affairs, shall be legal, with the express power and authority in said

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board of commissioners of roads and revenues to levy and collect taxes for lawful county purposes for the then current year for use or in part in the operation of said county for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said county after the date determined by the board of commissioners of roads and revenues for the issuance of refunding bonds shall in any wise affect or impair the validity of said refunding bonds. Said refunding bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the board of commissioners of roads and revenues of said county, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the board of commissioners of roads and revenues by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said refunding bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said county, as may be determined by the date set by the board of commissioners of roads and revenues of said county. Said refunding bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the Board of Commissioners of Roads and Revenues of Forsyth County, but without the necessity of an election as in the case of original obligation bonds of said county, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. 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 of each house, with the ayes and nays thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next general election at which proposed amendments to the Constitution of this State may be voted on, and shall at said election be submitted to the people for ratification or rejection. All persons voting at

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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 VII, Section VII, Paragraph I, of the Constitution, so as to authorize Forsyth County to issue refunding bonds, and thereafter to operate on a cash basis, and for other purposes and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, so as to authorize Forsyth County to issue refunding bonds, and thereafter to operate on a cash basis, and for other purposes. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Popular vote. Proclamation. Section 3. Be it further resolved, that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. INDEPENDENT GOVERNMENTAL AUTHORITIES IN CITY OF ATLANTA AND FULTON COUNTY. Proposed Amendment to the Constitution. No. 85 (House Resolution No. 199-1052a). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Paragraph XXIII, Section VII, Article III of the Constitution of Georgia of 1945, so as to authorize the General Assembly to create in the unincorporated area of Fulton County and in the City of Atlanta independent governmental authorities and to grant to them any and all the powers listed in said paragraph; to provide for the enforcing of the zoning and planning

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laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Constitution of Georgia of 1945 be amended by adding to Paragraph XXIII, Section VII, Article III the following words: Par. XXIII, Sec. VII, Art. III. Provided, however, that the General Assembly of the State of Georgia shall have authority to create independent governmental authorities for the City of Atlanta and the unincorporated areas of Fulton County and to grant to them any and all the powers listed in this paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta. Independent governmental authorities in City of Atlanta and Fulton County. 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 as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election, at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, For ratification of the amendment to Paragraph XXIII, Section VII, Article III of the Constitution of Georgia of 1945 authorizing the General Assembly to create in the unincorporated area of Fulton County and in the City of Atlanta independent governmental authorities and to grant to them any and all the powers listed in said paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta, and the words, Against ratification of the amendment to

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Paragraph XXIII, Section VII, Article III of the Constitution of Georgia of 1945 authorizing the General Assembly to create in the unincorporated area of Fulton County and in the City of Atlanta independent governmental authorities and to grant to them any and all the powers listed in said paragraph; to provide for the enforcing of the zoning and planning laws of said independent governmental authorities by the Recorders Court of the City of Atlanta; and to provide for the support of such independent governmental authorities in whole or in part by Fulton County and the City of Atlanta. Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, County of Fulton and the City of Atlanta, said amendment shall become a part of Paragraph XXIII, Section VII, Article III of the Constitution of Georgia of 1945. Popular vote. Proclamation. SCHLEY COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 91 (House Resolution No. 187-1023b). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article 8, Section 5, Paragraph 1, of the Constitution of Georgia so as to provide for the election of members of the County Board of Education of Schley County by the people; to provide for their terms of office and qualifications; to provide for the submission of the amendment and ratification or rejection thereof by the people; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article 8, Section 5, Paragraph 1, of the Constitution of Georgia be amended by adding at the end thereof the following: Par. I, Sec. V, Art. VIII. The members of the County Board of Education of Schley County shall be elected by the people at the same time and for the same term that other county officers are elected, and

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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 Schley County to call an election for the purpose of electing by the qualified voters in each militia district of a member or members of the county board of education from that militia 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. Two members from Militia District No. 961, known as the Ellaville District; and one member from Militia District No. 882, known as the LaCross District; and one member from Militia District No. 785, known as the Lickskillet District; and one member from Militia District No. 946, known as the Patton Hill District; shall be elected to serve on said Board and only the registered and qualified voters in each militia district shall vote for the election of a member or members from that district. Schley County board of education to be elected by the people. Districts. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of the county board of education; and in said election, only the qualified voters of the county residing in that part of the county where the schools are under the jurisdiction and control of the county school superintendent shall be eligible to vote. Qualifications of members. That from and after the ratification of this amendment the grand jury of Schley 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. 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. Qualifications. Section 2. Be it further resolved that when this proposed

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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 Schley County Board of Education, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Paragraph 1, Section 5, Article 8 of the Constitution providing for the election of members of the Schley County Board of Education. 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 Schley 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 State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Popular vote. Proclamation.

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MUSCOGEE COUNTY STREET IMPROVEMENT BONDS. Proposed Amendment to the Constitution. No. 92 (House Resolution No. 134-814d). A RESOLUTION. To propose to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia of 1945, by adding thereto the provision that Muscogee County, Georgia, may issue and sell street improvement bonds without the assent of a majority of the qualified voters of said county at an election thereof, but upon a majority vote of the members of the governing body of said county, with the limitations herein set forth. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia of 1945, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to wit: Par. I, Sec. VII, Art. VII. Provided that Muscogee County may issue and sell `street improvement bonds' without the assent of a majority of the qualified voters of said county at an election called thereon, but upon a majority vote of the members of the governing body of said county, with the following limitations: First, the terms of such bonds shall in no case exceed ten years. Second, the amount of each issue of such bonds shall be limited to the total amount then outstanding of special assessments made by said county for street improvement purposes and not already financed by a previous bond issue, plus the necessary incidental costs of issuing and selling such bonds. Third, these bonds shall be issued only for grading, paving or re-paving of streets or portions of streets and sidewalks, including curbs and gutters, and otherwise improving such streets. Fourth, the interest on said bonds shall not exceed six per centum per annum. Fifth, these bonds may be issued without regard to the amount of other outstanding bonds or

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debts of said county. Sixth, such bonds shall not be issued except in case such proposed street improvements have been petitioned for in writing by the owners of more than fifty per cent of the property abutting on the streets or portions of streets to be improved. Seventh, the entire cost of such street improvements, including the cost of grading, paving, re-paving and repairing street intersections, and otherwise improving such intersections, and including the cost of such bond issues (including interest), shall be specially assessed against the property abutting upon the streets or portions of streets so improved, which cost shall be apportioned according to the linear frontage of the respective parcels of property upon the streets or portions of streets so improved. Eighth, such bonds may be made direct obligations of said county, or may be made payable only out of such special assessments, as the governing body of said county may determine. Ninth, such bonds shall be issued only for improving streets in approved subdivisions in said county outside the limits of any incorporated municipality. Tenth, such bonds shall not be issued until they shall have been authorized by the General Assembly, and shall be subject to such further terms, conditions restrictions and regulations as may be imposed by the General Assembly. Street improvement bonds. Section 2. Be it further resolved by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and directed 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. Section 3. Be it further resolved by the authority aforesaid that the above proposed amendment shall be submitted for ratification or rejection to the electors of the State of Georgia at the next general election at which members of the

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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 VII, Section VII, Paragraph I, of the Constitution of Georgia by adding thereto the provision that Muscogee county may issue and sell `street improvement bonds' without the assent of a majority of the qualified voters of said county at an election called thereon, but upon a majority vote of the members of the governing body of said county, and with the limitations therein set forth; 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 VII, Section VII, Paragraph I, of the Constitution of Georgia by adding thereto the provision that Muscogee County may issue and sell `street improvement bonds' without the assent of a majority of the qualified voters of said county at an election called thereon, but upon a majority vote of the members of the governing body of said county, and with the limitations therein set forth. 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.

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DAWSON COUNTY BOARD OF EDUCATION Proposed Amendment to the Constitution. No. 93 (House Resolution No. 186-1023a). A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide for the election of members of the County Board of Education of Dawson County by the people; to provide for their terms of office and qualifications; 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 Georgia: Section 1. That Article VIII, Section V, Paragraph 1 of the Constitution of Georgia be amended by adding at the end thereof the following: Par. I, Sec. V, Art. VIII. There is hereby created for Dawson County a County Board of Education, consisting of two members elected for each road district. The members of the County Board of Education of Dawson County shall be elected by the people of the county living inside the area embraced within each road district. Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Dawson County to issue the call of an election for the purpose of electing by the qualified voters of Dawson County inside the area embraced within each road district, the members of the county board of education. The time of such election shall be set not less than thirty and not more than sixty days after the issuance of the call thereof by the ordinary. Such election shall be held in the same manner as elections for county officers are held except by each road district. The board shall be composed of six freeholders. The members of the board elected at this election, shall each have terms of office until January 1, 1956, thereafter the terms of office of each member elected shall be four years. In case of a vacancy on said board by the death or resignation of a member, or from any other cause other

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than the expiration of such member's term of office, the remaining members of said board shall, by secret ballot, elect his successor who shall hold office for the unexpired portion of such member's term. From and after the ratification of this amendment the grand jury of Dawson County shall make no further appointments of members of the county board of education, but the present members of the board shall serve until their successors are duly elected as herein provided. No person shall be eligible to hold office as a member of the county board of education who lives outside the territory embraced outside any road district school system. 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. 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 good knowledge of the elementary branch of the 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. Dawson County board of education. Section 2. Be it resolved by the General Assembly of Georgia, that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election in 1950, as provided by law. Those voting in favor of the ratification of the amendment herein proposed shall have written or printed on their ballots the words For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Dawson County. Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution providing for the election by the people of members of the Board of Education of Dawson County. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the

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ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia. Popular vote. Proclamation. NATURAL GASFEDERAL POWER COMMISSION PETITIONED TO GRANT PERMITS FOR PIPE LINES. No. 57 (House Resolution No. 214). A RESOLUTION. Whereas, there is pending before the Federal Power Commission in Washington, an application or applications for a permit or permits to build through the States of Mississippi, Alabama, Georgia and South Carolina pipe lines to carry natural gas from the fields in Mississippi to certain portions of Alabama, Georgia and South Carolina, and Preamble. Whereas, an application or applications are pending before the Federal Power Commission for these pipe lines to serve Columbus, Americus, Cordele, Albany, Moultrie, Bainbridge, Cairo, Thomasville, Valdosta, Fort Valley, Dublin, Waycross, Brunswick, Savannah, Sylvania, Augusta, West Point, La-Grange, Newnan, Atlanta, Fort Benning, Millen, Harlem, Warrenton, and many other intervening points, and Whereas, the granting of a permit or permits to one or more pipe line companies to service the points named and other points in Georgia is very desirable at the present time for the convenience of the people who live in these areas and for the industrial development of Georgia, and Therefore be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the Federal Power Commission be and it is hereby petitioned and urged to grant one or more permits for the building and construction

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of pipe lines to serve the areas mentioned herein with natural gas from the fields either in Mississippi or elsewhere. Be it further resolved that a copy of this resolution be certified as a true and correct copy by the Clerk of the House and the Secretary of the Senate and by them forwarded to and filed with the Federal Power Commission in the City of Washington as an official petition on the part of the State of Georgia. Approved February 16, 1950. ACADEMY FOR THE NEGRO BLINDSALE AUTHORIZED. No. 58 (Senate Resolution No. 92). A RESOLUTION. Whereas, the housing accommodations for the colored students at the Academy for the Blind at Macon has been declared inadequate as to use for the housing of colored students, and Preamble. Whereas, the present location of the colored school is not suitable for new school facilities if the occasion should arise where it would become possible to replace the colored school building. It is therefore Resolved by the House of Representatives with the Senate concuring, that the State Board of Education be hereby given the authority to sell all or part of the property on which the colored school is located and said sale shall be in accordance with the laws pertaining to the sale of public property as provided in Acts of 1945, pages 120-121. Sale authorized. Be it further resolved that the proceeds from the sale of the property are to be held by the State Board of Education for the benefit of the Academy of the Blind and for the purpose of applying on the cost of any new facilities provided at the school for the colored students. Proceeds. Approved February 16, 1950.

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STATE GAME FARM, DEKALB COUNTYSALE AUTHORIZED. No. 59 (Senate Resolution No. 66). A RESOLUTION. Authorizing the Governor to act for and on behalf of the State of Georgia to sell and dispose of a certain tract of land located in the 18th Land District of DeKalb County, Georgia, and being in Land Lot Numbers 231 and 232 of said district owned by the State and known as the DeKalb County Game Farm. Whereas, in 1939 the State of Georgia purchased a tract of land consisting of approximately 36 acres, more or less, and located in Land Lots 231 and 232 of the 18th Land District of DeKalb County, Georgia, to be used for a State quail hatchery and game farm, and Preamble. Whereas, the State Game and Fish Department has found that quail hatched and raised in domestic surroundings are unable to survive when they are returned to their wild state, and, Whereas, the State of Georgia is wasting money each year in hatching and raising quail for propagation purposes at the State Game Farm in DeKalb County, it is deemed to be to the best interest of the State that the State Game and Fish Department discontinue its attempts to propagate quail raised in the State Quail Hatchery, and, Whereas, it is deemed to the best interest of the State that the said property known as the State Game Farm be sold, and, Whereas, before the aforesaid tract can be sold by the State of Georgia the General Assembly must authorize said sale, Now, therefore, be it resolved by the House of Representatives, the Senate of Georgia concurring, as follows: 1. That His Excellency, the Governor, be and he is hereby authorized for and on behalf of the State of Georgia to sell that said tract or parcel of land owned and held by the State

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consisting of approximately 36 acres, more or less, located in Land Lots 231 and 232 of the 18th Land District of DeKalb County, Georgia, and known as the State Game Farm, provided that said property be sold for not less than the market value of the property lying adjacent to and in the same neighborhood with the State Game Farm, and be it further provided that this property be offered to the party who donated it to the State and that he be given the refusal of same. Sale authorized. Proviso. 2. That the Governor shall advertise this property in a newspaper of general circulation at least four times over a period of at least 30 days and ask for bids and shall accept the highest bid. Advertisement and sale. 3. That upon the sale of such property, the Governor is authorized to pay the proceeds of the sale into the State treasury. Proceeds. Approved Febuary 16, 1950. OLIVER GENERAL HOSPITALCONTINUANCE URGED. No. 63 (House Resolution No. 217). A RESOLUTION. Whereas, information has been received that the Federal Government contemplates closing the Oliver General Hospital located in Augusta, Georgia, and Preamble. Whereas the Oliver General Hospital is serving a most useful purpose to the Federal Government and to the University of Georgia School of Medicine by permitting its graduates and students to intern there, and Whereas medical facilities are necessary for treating and caring for the sick and injured of the armed forces, and Whereas the Oliver General Hospital is a going and established general hospital and is presently rendering a great service to the Federal Government and should continue to

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render a great service to the Federal Government. Now therefore be it resolved that the General Assembly of the State of Georgia go on record as requesting the Federal Government to retain the present status of the Oliver General Hospital, and that the Oliver General Hospital be retained as a general hospital in Augusta, Georgia, and that a copy of this resolution be sent to Honorable Walter George and the Honorable Richard Russell, and the Secretary of Defense, the Honorable Louis Johnson. Federal Government requested to continue operation. Approved February 17, 1950. UNIVERSITY SYSTEMCONSTRUCTION OF HOUSING UNITS URGED. No. 64 (House Resolution No. 224). A RESOLUTION. Whereas, the General Assembly has passed legislation to authorize the issuance of revenue certificates to build dormitories, faculty accommodations and other buildings in the University System of Georgia, and; Preamble. Whereas, these buildings can be built under this plan without cost to the taxpayers of Georgia, and; Whereas, this legislation has not been used to its fullest advantage by the Board of Regents; Therefore be it resolved, that we urge the Chancellor and the Board of Regents of the University System of Georgia to exercise a more aggressive leadership in expediting the building of housing units for our University of Georgia System under this plan. Buildings urged. Be it further resolved that a copy of this Resolution be sent by the Clerk of this House, to the Chancellor and the Board of Regents of the University System of Georgia. Approved February 17, 1950.

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ALEXANDER H. STEPHENS HOME. No. 65 (House Resolution No. 229). A RESOLUTION. Whereas, it has come to the attention of the House of Representatives of the General Assembly of Georgia that the home of one of our greatest Georgians, Alexander H. Stephens, is owned by the State of Georgia and maintained as a memorial park, but is in extremely bad repairthe roof is leaking and has caused extensive damage to the building and its contents, and; Preamble. Whereas, it is not fitting that this memorial should be maintained in such deplorable condition; Therefore, be it resolved that the Budget Authority of the State be requested to make available such funds as are necessary to repair and renovate this home, so that it may in truth and fact be a fitting memorial to our great Georgian, Alexander H. Stephens. Funds to repair and renovate. Approved February 17, 1950. STATISTICAL AND OFFICIAL REGISTER. No. 67 (House Resolution No. 128-784f). A RESOLUTION. Whereas, the statutes of the State of Georgia require the periodical printing and issuance of an official and statistical register of the State of Georgia in bound volume form, and Preamble. Whereas, Georgia's official register has not been printed since 1943, due to the fact that no provision has been made for printing it, nor resolution passed by the General Assembly providing for it, and Whereas, the demand for a register for the years 1944 through 1950 is increasing greatly.

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Now, therefore, be it resolved that the General Assembly by this resolution, authorizes and directs the Director of the Department of Archives and History, through the Secretary of State, to compile and issue the Georgia Statistical and Official Register in bound volume form for the years 1944 to date and distribute copies to various officials and institutions, as provided for by statute, and Insurance authorized. Therefore, be it further resolved that the expense for printing the Georgia Statistical and Official Register be paid for out of the funds appropriated for the General Assembly. Expense. Approved February 17, 1950. RECONVEYANCE OF LANDS TO THOMASVILLE AND THOMAS COUNTY. No. 70 (House Resolution No. 147-878a). A RESOLUTION. Whereas, on the 7th day of October, 1940, the City of Thomasville, Georgia, a municipal corporation of the State of Georgia, and Thomas County, the City of Thomasville acting by and through its mayor and clerk thereof, duly authorized, and Thomas County acting by and through its commissioner duly named and appointed by the commissioners of roads and revenues, as parties of the first part, for and in consideration of the sum of two thousand five hundred ($2,500.00) dollars, executed and delivered a deed to the State of Georgia, conveying certain lands described as follows: That city lot or parcel of land in the City of Thomasville, Thomas County, Georgia. Beginning at the northwest corner formed by the intersection of South Broad Street and Hill Street, and running thence in a northerly direction along the West margin of South Broad Street a distance of 214 feet to an alley; thence in a westerly direction along the south margin of said alley 334 feet; thence in a southerly direction, parallel to South

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Broad Street, 216 feet to the north margin of Hill Street; thence easterly along the north margin of Hill Street a distance of 334 feet to the starting point, being part of lot number 24 of the S. Alex Smith Estate as shown by plat recorded in Deed Book Z, page 223, Records of Thomas County, together with any interest the grantor may have in the alley extending along the north side of said lot and hereinabove mentioned., with the following conditions and provisions: Preamble. To have and to hold the above granted and described property unto the party of the second part, its official successor, so long and only so long as the property herein described shall be used by the grantee or its official successor for the purpose of headquarters for the Georgia State Patrol. It is stipulated and agreed, however, that upon the failure or refusal to maintain said property for said purposes, and to maintain a unit of said governmental agency within the City of Thomasville and the County of Thomas, that the said city and county will pay to the grantee or its official successor the sum of twenty-five hundred ($2,500.00) dollars, a return of the purchase price herein stipulated, and that the grantee or its official successor shall then and there execute a proper reconveyance of said property to the grantors, or that upon its failure so to do, any court of competent jurisdiction of this State may upon proof of said payment decree the title and right of possession of the grantee to be terminated, void and of no force and effect. Whereas, it has now been decided to abandon the use of said property as the headquarters by the Georgia State Patrol and to relocate said headquarters at a different location in the City of Thomasville and County of Thomas; and Whereas, after building the new headquarters the State of Georgia will have no further use for the property, and in equity and good conscience said property should be reconveyed to the City of Thomasville and County of Thomas; Now, therefore, be it resolved and it is hereby resolved by the House of Representatives, the Senate concurring, that upon the passage and approval of this resolution the Governor of Georgia be and he is hereby authorized, upon the payment

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of two thousand five hundred ($2,500.00) dollars into the State treasury, to execute a deed to the City of Thomasville and County of Thomas conveying the lands first above described. Recoveryance of lands. authorized. Be it further resolved, that immediately upon the execution and delivery of said deed, title to said land shall vest in the City of Thomasville and the County of Thomas. Approved February 17, 1950. LAND CONVEYANCE TO T. A. SCOTT. No. 86 (House Resolution No. 151-878e). A RESOLUTION. Whereas, T. A. Scott, of Lowndes County, Georgia, claims the fee simple title to Fractional Lot No. 75 in the 10th District, 1st Section, of originally Appling then Ware, and now Charlton County, Georgia, and Whereas, said Fractional Lot of Land, together with various other lots, are described and delineated upon a boundary map of survey entitled T. A. Scott Tract, prepared under the direction of J. Dean Gowen, Georgia Registered Surveyor No. 6, dated April 19, 1949, and recorded in Plat Book A, page 58 of the public records of Charlton County, Georgia, which map of survey shows that there are sixty-one and 25/100 (61.25) acres in said Fractional Lot 75; and Preamble. Whereas, an abstract of title to the lands of T. A. Scott, as described and delineated upon said map of survey, was recently made by competent attorneys at law, which disclosed a record defect in the title to said Fractional Lot 75, in that the record of the deed whereby the State of Georgia conveyed title to said Fractional Lot of land was destroyed by fire in the year 1874, when the courthouse in Ware County, Georgia, and all of the public records in the county clerk's office in said county up to said date were destroyed by fire; and

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Whereas, it is disclosed by the Executive Minutes, 1849-1855, on file in the Archives Department of the State that Hon. L. E. Bleckley, Secretary of the Executive Department, entered an order in said minutes promulgated by Governor Towns, on Friday, August 15, 1851, which was in pursuance of an Act of the General Assembly, approved February 11, 1850, that certain lots and fractional lots of land lying and being in the 10th and 11th Districts of originally Appling, then Ware County, (which included Fractional Lot No. 75 in the 10th District, 1st Section) be exposed for sale at public outcry before the courthouse door in said County of Ware, on the first Tuesday in November, 1851, and from day to day thereafter until all were sold, and Whereas, it is presumed that said order was complied with and said lots of land, including Fractional Lot 75 in the 10th District, 1st Section, of then Ware County, were sold and disposed of by the State, at the time and in the manner so authorized, and that the purchaser of Fractional Lot 75, aforesaid, had his deed recorded in the clerk's office in Ware County prior to its destruction in the year 1874, and that said instrument was not thereafter re-recorded; and Whereas, the said T. A. Scott desires that said record defect be cured; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized and directed to execute a deed conveying said Fractional Lot 75 in the 10th District, 1st Section, of originally Appling, then Ware, now Charlton County, Georgia, containing sixty-one and twenty-five one-hundredths (61.25) acres, to T. A. Scott, of Lowndes County, Georgia for a consideration of one dollar and that said deed be delivered to him. Conveyance authorized. Approved February 17, 1950.

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PAYMENT TO CITY OF MACON FOR PAVING. No. 88 (House Resolution No. 133-814c). A RESOLUTION. Whereas, during the year 1946, the City of Macon acting upon the request of officers of the State of Georgia did pave a portion of Third Street in said city adjacent to the State Farmers Market, the same being property owned by the State of Georgia; and, Whereas, said portion of Third Street was paved by the City of Macon upon the understanding that the State of Georgia would pay its proportionate share, namely, one-third, of the cost of said paving, said one-third being $1,520.64; and, Preamble. Whereas, during the year 1947, the City of Macon under similar circumstances paved a portion of Hawthorne Street in said city at the request of officials of the State of Georgia, the said portion of Hawthorne Street so paved being adjacent to the State Farmers Market located in the City of Macon upon the understanding that the State of Georgia would bear its proportionate cost of said paving as a land owner, the said proportionate cost being $1,915.31; and, Whereas, the paving of said portions of Third Street and Hawthorne Street were undertaken by the City of Macon primarily for the benefit of the State Farmers Market in Macon, the same being property owned by the State of Georgia, and the total so expended by the City of Macon on behalf of the State of Georgia amounts to $3,435.95; and, Whereas, said sum has been computed without interest, and no part thereof has been paid; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Governor be authorized to pay to the City of Macon the sum of $3,435.95 for said paving. The payment of said sum shall be made out of any available funds, whether appropriated to any department, or any surplus, as the Governor may direct. Said payment, when so made, shall be fully satisfaction of all claims which

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the City of Macon has or may have had against the State of Georgia arising out of the paving of the portions of the said two streets. Payment authorized. Approved February 17, 1950. ALLATOONA DAM RECREATIONAL AREA IN COBB COUNTY. No. 89 (House Resolution No. 210-1099c). A RESOLUTION. Whereas, the Federal Government proposes to provide a recreational area at an expense of approximately four hundred thousand dollars ($400,000.00) at the Allatoona Dam area, and Whereas, the Federal Government proposes to lease said recreational area to the State of Georgia under a licensing agreement, free of rental to the State, with the stipulation that the State of Georgia provide bathhouse facilities for said recreational area; and Preamble. Whereas, a subimpoundment dam is being constructed to furnish recreational facilities for the citizens of Georgia; and Whereas, the Department of Parks is the proper State Department to operate said area; Now therefore, be it Resolved by the House of Representatives, the Senate concurring, that the Department of Parks is hereby authorized and directed to negotiate with the Federal Government for the leasing of said Allatoona Dam recreational area, adjacent to the subimpoundment dam in Cobb County, and to operate said recreational area; and that the Department of Parks is hereby authorized and directed to build suitable bathhouse with plumbing facilities, improve the beaches and improve access roads thereto, at a cost not to exceed the sum of twenty-five thousand dollars ($25,000.00) at said area, to be designated for use by the white citizens of this State. Be

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it further Operation of recreational area. Resolved, that construction of said bathhouse and other facilities shall not begin until all arrangements have been worked out with the Federal Government for the leasing of said recreational area to the State of Georgia. Approved February 18, 1950. ALLATOONA DAM RECREATION AREA. No. 90 (House Resolution No 168-946c). A RESOLUTION. Whereas, the Federal Government proposes to provide a recreational area at an expense of approximately four hundred thousand dollars ($400,000.00) at the Allatoona Dam area; and Whereas, the Federal Government proposes to lease said recreational area to the State of Georgia under a licensing agreement, free of rental to the State, with the stipulation that the State of Georgia provide bathhouse facilities for said recreational area; and Preamble. Whereas, the Department of Parks is the proper State Department to operate said area: Now therefore be it Resolved by the House of Representatives, the Senate concurring, that the Department of Parks is hereby authorized and directed to negotiate with the Federal Government for the leasing of said Allatoona Dam recreational area and to operate said recreational area; and that the Department of Parks is hereby authorized and directed to build a suitable bathhouse with plumbing facilities at a cost not to exceed the sum of twenty-five thousand dollars ($25,000.00) at said area, to be designated for use by the white citizens of this State. Be it further Resolved that construction of said bathouse shall not begin until all arrangements have been worked out with the Federal

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Government for the leasing of said recreational area to the State of Georgia. Approved February 18, 1950. POSSUM POKEGIFT TO STATE. No. 94 (House Resolution No. 213) A RESOLUTION. Whereas, the late Honorable Chase S. Osborn, Governor of the State of Michigan, spent much of his time in Georgia on his estate in Worth County; and Whereas, he provided that upon the death of his wife, the State of Georgia should receive approximately fifteen acres in Worth County known as Possum Poke which is to be used as a State Park; and Whereas, his widow, Mrs. Stellanova B. Osborn, has delivered a quitclaim deed to said property to the State Parks Department; and Whereas, this act of generosity on the part of the late Honorable Chase S. Osborn and his widow, Mrs. Stellanova B. Osborn has never been officially recognized: Now, therefore be it resolved by the General Assembly of Georgia that the Governor of Georgia is hereby authorized to officially accept such property for the use of the State Parks Department and that the General Assembly of Georgia express its appreciation to Mrs. Stellanova B. Osborn, and that a copy of this resolution be sent to Mrs. Osborn. Approved February 16, 1950. LAW DEPARTMENT SERVICE TO GENERAL ASSEMBLY. No. 95 (House Resolution No. 226). A RESOLUTION. Whereas, the Attorney General of Georgia and his staff have rendered meritorious and invaluable services to the Members

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of the General Assembly in the preparation of legislation at the present session of the General Assembly, and Whereas, such services have been rendered in addition to the ordinary duties of the State Department of Law by a small, but highly competent, willing and efficient staff without regard to hours of work; Therefore, be it resolved by the House of Representatives, the Senate concurring, that Attorney General Eugene Cook and his staff be and they are hereby most heartly commended for their untiring efforts in behalf of the Members of the General Assembly of Georgia, and this body expresses its most grateful appreciation for this assistance. Approved February 17, 1950. COMMISSION TO REVISE AND RESTATE INSURANCE LAWS. No. 96 (House Resolution No. 235). A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, that Senate Resolution No. 43, at pages 2120 and 2121, Georgia Laws 1949, approved February 25, 1949, entitled Commission to Revise and Restate Insurance Laws of Georgia, be and the same is hereby amended by striking therefrom the last paragraph thereof, to wit: Be it further resolved by the Senate, the House of Representatives concurring, that no expense shall be incurred under this resolution unless and until the General Assembly shall hereafter provide therefor by an appropriation. and inserting in lieu thereof the following: Paragraph stricken. The Insurance Commissioner is authorized to expend any funds appropriated to the department for the expense necessary in the preparation of this Code for submission to the General Assembly for enactment, said expense to be subject to the approval of the Budget Bureau. Expense. Be it further resolved by the House of Representatives, the

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Senate concurring, that the last sentence of Paragraph Four (4) of said resolution appearing near the top of page 2121, be amended by adding thereto the following: And the appointments shall be made from a list of names first selected and nominated by the Insurance Commissioner to the Governor for appointment. Appointments. Approved February 17, 1950. SALE OF LANDS IN CLINCH COUNTY AUTHORIZED. No. 102 (House Resolution No. 188-1023c). A RESOLUTION. To authorize the Governor acting for and on behalf of the State to sell five (5) acres of land, more or less, located in the 13th District of Clinch County, to execute and deliver deed thereto; to repeal conflicting laws; and for other purposes. Whereas, the State of Georgia purchased five (5) acres of land, more or less, in the 13th District of Clinch County, Georgia, on the 28th day of February, 1924, for the purpose of establishing and maintaining a cattle dipping station, and Preamble. Whereas, for the past several years said cattle dipping station has been abandoned, and said property is no longer of use to the State, and Whereas, the General Assembly of Georgia believes it will be to the best interest of the State that the following described tract of land, to wit: Five (5) acres, more or less, of Lot of Land Number Four Hundred and Nineteen (419) in the 13th District of said County of Clinch, State of Georgia, described as follows: Starting at twenty four (24) chains and sixty three links (63) from original southwest corner of said lot of land to a post, dividing the land of N. Allen and Mrs. Catherine Swearingen, east five (5) chains to a pine stake, thence north ten chains to a pine stake, thence west five (5) chains to a pine stake, thence back south to starting point,

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be sold to Cuyler Swearingen of the County of Clinch for the sum of one hundred and ten ($110.00) dollars and the proceeds of said sale be paid into the State treasury. The said sum being the original purchase price. Now, therefore, be it resolved, and it is hereby resolved by the General Assembly of Georgia: 1. That the Governor be and he is hereby authorized and directed to sell to Cuyler Swearingen of the County of Clinch all the right, title, and interest which the State of Georgia has to said tract of land for the sum of one hundred and ten ($110.00) dollars, and, 2. That the Governor be and he is hereby authorized and directed to execute and deliver to said Cuyler Swearingen a sufficient deed or conveyance conveying all right, title and interest which said State has in said tract of land upon the payment to the State of Georgia the sum of one hundred and ten ($110.00) dollars, and Sale to Cuyler Swearingen authorized. 3. That the proceeds of said sale be paid over to the State treasury. Proceeds. Approved February 17, 1950.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1950 SESSION Compiled and Published by Authority of the State

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PRESS OF FOOTE DAVIES, INC. ATLANTA, GA.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1950 SESSION DALTONSEWER SYSTEM No. 517 (House Bill No. 694). 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 thereto, so as to provide for the management and control of a public sewer system in said city: to give to the Board of Water, Light Sinking Fund Commissioners the authority to operate and control said public sewer system: To give to said Board of Water, Light Sinking Fund Commissioners the right and power to condemn property, to exercise the right of eminent domain, for the purpose of extending such system: To give to said Board the power and authority to make rates, rules and regulations for furnishing sewer service to residential and industrial users of such sewer system, and to enforce the same: and to deal in every way with said sewer system as a separate and distinct part of the city government.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act approved February 24, 1874, entitled An Act to consolidate, amend and codify the various Acts incorporating the City of Dalton in Whitfield County, Georgia and various Acts amendatory thereto, be and the same is hereby amended so as to provide: That the Board of Water, Light Sinking Fund Commissioners of said city shall, from and after the passage of this Act, have entire control of the public sewer system of the City of Dalton, and that such control shall extend into the newly annexed area of said city. Board of Water, Light and Sinking Fund. Commissioners. Section 2. 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, rights of way for sewerage, easements or right to use streams for sewerage, on property of any kind, whether or not the same is already in use for such purpose, 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 private property for such purpose, whenever the Board of Water, Light Sinking Fund Commissioners shall deem it necessary to the proper management and control of such sewer system that they exercise said power. Eminent domain, sewer system. Section 3. Be it further enacted by the authority aforesaid that the Board of Water, Light Sinking Fund Commissioners shall have the power and authority to make all contracts necessary for the operation of said sewer system; to buy all supplies and materials needed, and to make all necessary improvements and extensions, to employ all clerical and other help necessary in the operation of said system; to make rates, rules and regulations for the furnishing of sewer service to residential and industrial users of said system, and to enforce the same; and the power to control and operate such system as the convenience and necessity of the citizens of the City of Dalton shall require. Powers of Board. Section 4. And be it further enacted that all laws or parts of laws in conflict with this Act be and the same hereby are repealed, except that this Act is merely cumulative of other Acts with reference to the powers and duties of said Board of

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Water, Light Sinking Fund Commissioners and does not in any way affect any power or duty that said Board now has under the charter of the City of Dalton. Act cumulative. Georgia, Whitfield County. I, Mark Pace, Managing Editor of the Dalton Citizen, a newspaper having general circulation in Dalton, Whitfield County, Georgia, and being the newspaper in said county in which sheriff's advertisements for the City of Dalton are published, do hereby certify that the following notice of the intention of application for a local bill in the General Assembly of Georgia was published in said the Dalton Citizen, once a week for three weeks during a period of sixty (60) days immediately preceding this date, the first notice having been advertised in the Dalton Citizen in its issue of Thursday, December 16, 1948, to wit: 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 thereto, so as to provide for the management and control of a public sewer system in said city: to give to the Board of Water, Light and Sinking Fund Commissioner the authority to operate and control said public sewer system: to give to said Board of Water, Light Sinking Fund Commissioners the right and power to condemn property, to exercise the right of eminent domain, for the purpose of extending such system: to give to said Board the power and authority to make rates, rules and regulations for furnishing sewer service to residential and industrial users of such sewer system, and to enforce the same: and to deal in every way with said sewer system as a separate and distinct part of the city government. This 14th day of February, 1949. Mark Pace Managing Editor, The Dalton Citizen. Approved January 26, 1950.

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DALTONTAXATION. No. 519 (House Bill No. 696). 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 thereto, so as to provide for the levy and collection of an annual ad valorem tax in amounts not to exceed one percentum upon all the taxable property, both real and personal, within the corporate limits of said city for ordinary current expenses, and at a rate not to exceed two per centum on the value of all taxable property, both real and personal, within the limits of said city for the establishment, maintenance and operation of the public schools of said city; 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, that upon and after the passage of this Act, an Act approved February 24, 1874, entitled An Act to consolidate, amend and codify the various Acts incorporating the City of Dalton in Whitfield County, Georgia, and various Acts amendatory thereto, be and the same hereby is amended so as to provide that: Section 1. That the Mayor and Council shall have the power to levy an ad valorem tax, not to exceed one per centum, upon all the taxable property, both real and personal, within the corporate limits of the City of Dalton, which is subject to taxation according to the laws of the State of Georgia, not to exceed one per centum, for ordinary current expenses; and that said Mayor and Council be authorized to levy annually upon all taxable property, both real and personal, within said city, an ad valorem tax not to exceed two per centum for educational purposes and for the maintenance and operation of the public schools, provided that the money so collected shall be used only for school purposes, as herein provided, and that 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.

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Section 2. And be it further enacted that the laws or parts of laws in conflict with this Act be and the same hereby are repealed, except that this Act is merely cumulative of other Acts with reference to the power and duty of the mayor and Council of said city providing for the levy and collection of annual taxes, to raise revenue, and does not in any way affect any power or duty that said Mayor and Council now has under the charter of the City of Dalton. Act cumulative. Georgia, Whitfield County. I, Mark Page, Managing Editor of the Dalton Citizen, a newspaper having general circulation in Dalton, Whitfield County, Georgia, and being the newspaper in said county in which sheriff's advertisements for the City of Dalton are published, do hereby certify that the following notice of the intention of application for a local bill in the General Assembly of Georgia was published in said the Dalton Citizen, once a week for three weeks during a period of sixty (60) days immediately preceding this date, the first notice having been advertised in the Dalton Citizen in its issue of Thursday, December 16, 1948, to wit: 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 thereto, so as to provide for the levy and collection of an annual ad valorem tax in amounts not to exceed one per centum upon all the taxable property, both real and personal, within the corporate limits of said city for ordinary current expenses, and at a rate not to exceed two per centum on the value of all taxable property, both real and personal, within the limits of said city for the establishment, maintenance and operation of the public schools of said city; and for other purposes. This 14th day of February, 1949. (s) Mark Pace Managing Editor, The Dalton Citizen. Approved January 26, 1950.

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ATLANTA JUDICIAL CIRCUITSOLICITOR-GENERAL'S COMPENSATION. No. 520 (House Bill No. 3766). 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, and the Acts amendatory thereof, particularly Section 1 as amended by the Act approved March 25, 1947 (Georgia Laws 1927, pp. 581, 582, and 583) by increasing the salary of the solicitor-general and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved March 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, and the Acts amendatory thereof, particularly Section 1 as amended by the Act approved March 25, 1947 (Georgia Laws, pp. 581, 582, and 583), be and the same is hereby amended by striking from line ten of Section 1 thereof the words ten thousand dollars per annum, and inserting in lieu thereof the words, twelve thousand dollars per annum, and by striking from line thirteen of Section 1 the words ten thousand dollars

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per annum and inserting in lieu thereof the words twelve thousand dollars per annum, so that said section, as amended, shall read as follows: The statutory salary of the solicitor-general for said circuit shall be the sum of twelve 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 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. Solicitor-General's compensation. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 23 and 30 days of December, 1948, and on the 6th day of January, 1949, as provided by law. (s) Frank Kempton.

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Subscribed and sworn to before me this 29th day of January, 1949. (s) Bessie K. Crowell (Notarial Seal) Notary Public Fulton County, Georgia. My commission expires Feb. 7, 1950 Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of the State of Georgia which convenes the second Monday in January, 1949, so as to amend an Act approved March 28, 1935, (Georgia Laws 1935, pages 853, 854, and 855) 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, page 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, page 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 per annum and by providing the manner and method of paying the same; and for other purposes. Amendments germane to said legislation may be offered and adopted as provided by law. December 23, 1948. (s) W. S. Northcutt County Attorney. December 23, 30, and January 6. Approved January 26, 1950.

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THOMSON CHARTER AMENDMENTS. No. 526 (House Bill No. 774). An Act to amend an Act approved August 19, 1927, as published in the Georgia Laws 1927 on pages 1631 through 1672, inclusive, which said Act is entitled An Act to amend the original Act incorporating the Town of Thomson, in McDuffie, and all the Acts amending said original Act, including the Acts approved December 13, 1900, and August 14, 1917, and including the Act incorporating the City of Thomson in lieu of the Town of Thomson, approved July 27, 1920; and including the Act approved on March 3, 1939, and including the Act approved on February 16, 1943, and any and all other Acts amending the charter of the City of Thomson by amending the charter of the City of Thomson in the following particulars to wit: By amending the charter of the City of Thomson, as contained in Georgia Laws of 1927, pp. 1631-1672, inclusive, approved August 19, 1927, and all amendatory laws thereof, by adding new sections and provisions that will enable each citizen to have proper and necessary information relating to the business and affairs of the City of Thomson and its governing authorities at all times; by providing for additional duties of the City Clerk and fixing his compensation; by providing for an audit of the business and affairs of said city during each twelve-months period, by a certified public accountant, same to be published in the official county paper of McDuffie County, and said audit and publication thereof to show all facts including the amount of income during the previous twelve-months period and the sources thereof; the amount of expenditures during such period and for what purposes and to whom made; the amount of compensation, including salaries, fees, and all money from any source or for any reason paid to any official, agent, attorney and employee of said city during such period; the names and addresses of all persons and corporations owing the city any sum of money on date of audit, showing date of said indebtedness, and reason for its not being collected; the list of fines, taxes and other indebtednesses charged off or not collected for any reason against each and every person owing same, and the reason for charging same off or not collecting same; a list of each and every piece of property, with description

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of same and name of owner, upon which no city taxes are being paid, with the reason therefor, and particular showing whether said property has been returned for taxation, and what action was taken thereon by the Mayor and Council and Tax Assessor of the City of Thomson; to provide that the aggregate salary of the City Clerk of Thomson shall not exceed $200.00 per month; and to provide that it shall be the duty of the City Clerk to keep full and accurate minutes of each meeting of the Mayor and Council, and to write up the said minutes within 48 hours of each such meeting; and that such minutes shall be open to inspection by any citizen upon request of the said citizen to the City Clerk; to provide that it shall be the specific duty of the City Clerk to inform any citizen as to the status of the city affairs through the end of the previous month within five days thereafter upon the request or any citizen, as to income of the city, expenses of the city, collections, bad debts, fines, taxable property, including the names of all persons receiving disbursements from the city and making disbursements to the city and the amount received or paid by each; to provide that the City Clerk shall be under a bond for the faithful performance of his duties in a penal sum of not less than $10,000.00, the cost of premiums to be borne by the City of Thomson; to provide that it shall be the duty of the Mayor and Council to have said audit herein referred to made and published not later than November 15th of each year and prior to any regular primary or general election for city officials, and not more than 60 days before such election, and the first audit made hereunder shall cover the preceding six years; and thereafter each of such audits shall cover a 12 month period only; And to provide further, that any violation of the within provisions of this Act shall be punishable by the removal of the person or persons responsible for such violation from office, and such person or persons shall subject himself or themselves to a further penalty of $1,000 collectable by any taxpayer of the City of Thomson for the use and benefit of the City of Thomson, in addition to any loss to the City of Thomson. Be it enacted by the General Assembly of Georgia, as follows: Section 1. That the charter of the City of Thomson, in McDuffie

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County, Georgia, and all Acts heretofore, creating and amending said charter of the City of Thomson and particularly the Act approved August 19, 1927, as published in the Georgia Laws of 1927 on pages 1631 through 1672, inclusive, which said Act is entitled, An Act to amend the original Act incorporating the Town of Thomson, in McDuffie County, and all the Acts amending the said original Act, inclusive, the Acts approved December 13, 1900, and August 14, 1917, and including the Act of incorporating the City of Thomson in lieu of the Town of Thomson, approved July 27, 1920 and as amended by the Act approved on March 3, 1939, and as amended by the Act approved on February 16, 1943, be amended by adding thereto the following provisions in the said charter as provided for in the following sections of this Act. Section 2. That, hereinafter, the City Clerk of the City of Thomson shall be paid an aggregate salary for all his duties as City Clerk, and including any work or functions performed for any governing authority or persons officially connected with the City of Thomson, and including any and all charges and perquisites of any and every nature the sum of not exceeding $200.00 (two hundred dollars) per month. City clerk's salary. Section 3. That, hereinafter, it shall be the duty of the City Clerk of the City of Thomson to keep full and accurate minutes of each meeting of the Mayor and Council, and to write up the said minutes within 48 hours of each such meeting; and to have said minutes available and opened to the inspection of any citizen of the City of Thomson upon the request of the said citizen to the said Clerk. Minutes of Council meetings. Section 4. That, hereinafter, it shall be the specific duty of the City Clerk of the City of Thomson to inform any citizen as to the status of the city affairs through the end of the previous month within five days after the ending of said previous month upon the request of any citizen of the City of Thomson as to the income of the city, expenses of the city, collections, disbursements, fines, taxable property, and including the names of all persons receiving disbursements from the city and making disbursements to the city, and the amount of each. Information, city affairs. Section 5. That, hereinafter, it shall be the duty of the City

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Clerk of the City of Thomson to give a bond for the faithful performance of his duties in a penal sum of not less than $10,000.00 (ten thousand dollars) to be signed by a person as security who is solvent to the extent of such bond, or by a bonding company as a security, and if signed by a bonding company, the cost of the premium on the bond is to be paid for by the City of Thomson; and said bond, is to be approved by the Ordinary of McDuffie County, Georgia. Clerk's bond. Section 6. That, hereinafter, it shall be the duty of the Mayor and Council of the City of Thomson to provide for and cause to be made a thorough and complete audit of the business and affairs of the City of Thomson for each 12 month period, by a certified public accountant, and said audit shall show the amount of income of the City of Thomson during the previous 12 month period and the sources thereof, the amount of expenditures during such period and for what purposes and to whom made; the amount of compensation, including salaries, fees, and all money from any source or for any reason paid to any official, agent, attorney, and employee of said City of Thomson during such 12 month period, properly itemized, and including the exact amount paid to each of such persons aforementioned; the names and addresses of all persons and corporations owing the City of Thomson any sum of money on the date of said audit, and showing the date of said indebtedness, and the reason for its not being collected, properly itemized; a list of the fines, taxes and other indebtednesses charged off or not collected for any reason against each and every person owing the same and the reason for charging the same off or not collecting same; a list of each and every piece of property, with description of same and the name of the owner, upon which no city taxes are being paid, with the reason therefore, and particularly showing whether said property has been assessed for tax, and what action has been taken thereon by the Mayor and Council and Tax Assessors of the City of Thomson. Annual audits. Section 7. That, hereafter, it shall be the duty of the Mayor and Council to cause said audit as aforesaid of the City of Thomson to be published in the official county newspaper of McDuffie County, after each of such audits is made and not later than November 15th of each year and prior to any regular

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primary election or general election for city officials and not more than sixty days before such election. Publication. Section 8. That, hereinafter, it shall be the duty of the Mayor and Council of the City of Thomson to cause the first audit made hereinunder to cover the preceding six years; and thereafter each of such audit shall cover a 12 month period only; and each of such audits shall be published as provided in this Act. Section 9. That, hereinafter, any failure on the part of the Mayor and Council, and any failure on the part of the City Clerk, to comply with the terms of this Act shall be punishable by the removal of the person or persons responsible for such violation from office, and further such person or persons shall be subject to the payment of $1,000.00 (one thousand dollars) for each of such offenses. Said $1,000.00 to be paid to the City of Thomson. Penalty. Section 10. That, hereinafter, any taxpayer of the City of Thomson shall have the right to enforce the provisions of this Act and including the removal of persons from office and the collection of the penalty of $1000.00 for violation of the terms of this Act, by petition therefor in the Superior Court of McDuffie County, Georgia, under the same procedure as are provided for equitable proceedings. How enforceable. Section 11. That, hereinafter, the official or officials responsible for the violation of this Act shall be made liable for any loss to the City of Thomson in addition to the penalty above provided for. Section 12. Be it further enacted, that the provisions of this amendment to the charter of the City of Thomson as provided for in this Act are remedial in nature and are to be liberally construed to effect the purposes herein sought to be accomplished. Construction. Section 13. Be it further enacted, that if any section, provision, sentence, line, word, or any other part of this Act be declared invalid for any reason, the remaining portions shall not be thereby affected. If part invalid. Section 14. Be it further enacted, that it is the purpose and intent of this Act to accomplish each and every matter stated

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herein, and to allow the citizens and taxpayers of the City of Thomson to have proper and necessary information relating to the business and affairs of the City of Thomson and its governing authorities at all times. Intent. Section 15. Be it further enacted, that all provisions of the charter of the City of Thomson of force on the date of this enactment, which may be in conflict with the terms of this Act, expressly or impliedly, are hereby repealed, whether specifically repealed by this Act or not. Section 16. Be it further enacted that there is hereto attached and made a part of this bill a copy of the notice of said local legislation certified by the publisher of the official newspaper of McDuffie County, and accompanied by the affidavit of the author of this bill, to the effect that said notice has been published as provided by law and which said Exhibit A is hereby incorporated in and by reference made a part of this bill. Section 17. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. I certify that I am publisher of the McDuffie Progress, the official county gazette of McDuffie County; and that there is hereto attached a true copy of the notice of local legislation, signed by Leonard N. Lokey as representative of McDuffie County, Georgia, and which was published in said newspaper according to law in this newspaper in which sheriff's advertisements for McDuffie County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly and said notice was published on the following dates to wit: November 24, 1949; December 1, 1949; December 8, 1949. This 14th day of January, 1950. Frank F. Hash. Georgia, McDuffie County. Personally, before the undersigned attesting office, comes Leonard N. Lokey, who being duly sworn on oath deposes that he is

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Representative of McDuffie County, Georgia, and that as such Representative he did publish in the McDuffie Progress, which is the official newspaper for McDuffie County, in which sheriff's advertisements are published, for a period of once a week for three weeks during the period of sixty days immediately preceding its introduction in the General Assembly a notice of said intention to introduce such legislation as is shown by the above copy of notice in the McDuffie Progress, same being a true copy as therein published; and the dates on which same was published were 24th November, 1949; 1st December 1949; 8th December 1949, and this affidavit is made a part of this bill in order to comply with the provisions of the Constitution and laws of Georgia in respect to such notice of intention to apply the passage of local legislation. Leonard N. Lokey Sworn to and subscribed before me on this 17th day of January, 1950. Walter C. Adkins, N.P. Notary Public State at Large, Ga. Notice of Local Legislation: To the Citizens of McDuffie County, Georgia. You are hereby notified that it is the intention of the undersigned to introduce the following legislation in the General Assembly of Georgia at the next convening thereof in January, 1950, to wit: A bill to be entitled: An Act to amend the charter of the City of Thomson, as contained in Georgia Laws of 1927, pp. 1631 - 1672 inclusive, approved August 19, 1927, and all amendatory laws thereof, by adding new sections and provisions that will enable each citizen to have proper and necessary information relating to the business and affairs of the City of Thomson and its governing authorities at all times; by providing for additional duties of the City Clerk and fixing his compensation; by providing for an audit of the business and affairs of said city during each twelve-months period, by a certified public

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accountant, same to be published in the official county paper of McDuffie County, and said audit and publications thereof to show all facts including the amount of income during the previous twelve-months period and the sources thereof; the amount of expenditures during such period and for what purposes and to whom made; the amount of compensation, including salaries, fees, and all money from any source or for any reason paid to any official, agent, attorney and employee of said city during such period; the names and addresses of all persons and corporations owing the city any sum of money on date of audit, showing date of said indebtedness, and reason for its not being collected; the list of fines, taxes and other indebtednesses charged off or not collected for any reason against each and every person owing same, and the reason for charging same off or not collecting same; a list of each and every piece of property, with description of same and name of owner, upon which no city taxes are being paid, with the reason therefor, and particularly showing whether said property has been returned for taxation, and what action was taken thereon by the Mayor and Council and Tax Assessor of the City of Thomson; to provide that the aggregate salary of the City Clerk of Thomson shall not exceed $200.00 (two hundred dollars) per month, and to provide that it shall be the duty of the City Clerk to keep full and accurate minutes of each meeting of the Mayor and Council, and to write up the said minutes within 48 hours of each such meeting; and that such minutes shall be open to inspection by any citizen upon request of the said citizen to the City Clerk; to provide that it shall be the specific duty of the City Clerk to inform any citizen as to the status of the city affairs through the end of the previous month within five days thereafter upon requests of any citizen, as to income of the city, expenses of the city, collections, bad debts, fines, taxable property, including the names of all persons receiving disbursements from the city and making disbursements to the city; to provide that the City Clerk shall be under a bond for the faithful performance of his duties in a penal sum of not less than $10,000.00, the cost of premiums to be borne by the City of Thomson; to provide that it shall be the duty of the Mayor and Council to have said audit herein referred to made and published not later than November 15th of each year and prior to any regular primary or general election for city officials, and not more

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than 60 days before such election; and the first audit made hereunder shall cover the preceding six years; and thereafter each of such audits shall cover a 12 month period only. And to provide further, that any violation of the within provisions of this Act shall be punishable by the removal of the person or persons responsible for such violation from office, and such person or persons shall subject himself or themselves to a further penalty of $1,000 collectible by any taxpayer of the City of Thomson for the use and benefit of the City of Thomson, in addition to any loss to the City of Thomson. This 22nd day of November, 1949. Leonard N. Lokey. Representative of McDuffie County, Georgia Approved January 30, 1950. LaGRANGECITY MANAGER. No. 530 (House Bill No. 742). An Act to amend the charter of the City of LaGrange, approved December 16, 1901, as amended, so as to provide for a City Manager and his selection, powers, duties, authority and to change the duties, powers, and authority of the Mayor and Council; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. The Act, approved December 16, 1901, entitled: An Act to create a new charter for the City of LaGrange, in the County of Troup, which Act creates a new charter for the City of LaGrange, with the Acts amendatory thereof, be, and the same is hereby amended by adding thereto the following: a. The Mayor and Council of the City of LaGrange shall

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select and appoint a City Manager for the City of LaGrange, who shall, subject to the control, direction and supervision of the Mayor and Council, be the head of the administrative branch of the municipal government of the City of LaGrange and responsible for the efficient administration of all departments of said municipal government. b. The City Manager shall be chosen solely on the basis of ability, training and experience. At the time of his appointment he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. The first City Manager shall be a non-resident of Troup County, Georgia at the time of his appointment. No person elected to be Mayor or Councilman of the City of LaGrange shall, subsequent to such election, be eligible for appointment as City Manager until after one year has elapsed following the expiration of the term for which he was elected. Qualifications. c. The City Manager shall be appointed for an indefinite term, shall hold office at the pleasure of the Mayor and Council, and may be removed from office by the Mayor and Council at their discretion. Appointment. d. The Mayor and Council may designate a person or persons to perform the functions and duties of the City Manager during his absence or disability. Vacancies in the office of City Manager shall be filled by the Mayor and Council as early as practicable, and until such vacancy is filled, the Mayor and Council shall have full power to make a temporary appointment or to perform the functions and duties of the office. Vacancy. e. The City Manager shall receive such compensation as may from time to time be prescribed by ordinance or resolution of the Mayor and Council. Compensation. f. The City Manager shall devote his full time and attention to the affairs of the city, and shall be responsible to the Mayor and Council for the efficient administration of all the affairs of the city over which he has jurisdiction. g. Subject to the control, direction, and supervision of the

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Mayor and Council, the City Manager shall have power and it shall be his duty: Duties. (1) To see that all laws and ordinances are enforced. (2) To see that the business and affairs of the city are efficiently organized and handled. (3) To exercise administrative control over all regular departments and divisions of the City of LaGrange, provided that the City Manager shall not have or exercise any control over the Board of Education, Board of Health, Health Department, or any park, playground, recreation, or other special board, commission, committee, authority or body set up under any general law or any ordinance or agreement of the Mayor and Council. (4) To recommend to the Mayor and Council for appointment a City Clerk, who shall be ex-officio treasurer, tax receiver, and tax collector; a City Engineer; a Purchasing Agent; a City Marshal, who shall be Chief of Police; a Chief of Fire Department; department heads for departments authorized by the Mayor and Council, including Department of Lights, Power and Gas; Department of Parks and Playgrounds; Cemetery Department; Sanitary and Street Department; Water, Sewer, Airport and Garage Department; and other departments established by the Mayor and Council. Such appointees shall appoint and remove all subordinate officers and employees in their respective offices and departments with the approval of the City Manager. Upon failure of such appointees and/or the City Manager to act in making such appointments and removals, the Mayor and Council shall have full power and authority so to act. Nothing herein shall prevent the Mayor and Council from creating, abolishing, consolidating, altering, or modifying departments. (5) To attend the meetings of the Mayor and Council, with the right to take part in all discussions, 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 prepare and submit to the Mayor and Council an annual budget.

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(8) To keep the Mayor and Council fully advised as to the financial condition and needs of the city. (9) To make and execute all lawful contracts on behalf of the City of LaGrange as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the Mayor and Council; provided that no contract, purchase or obligation, involving more than $500.00 shall be valid or binding until approved by the Mayor and Council; and provided further that without the approval of the Mayor and Council neither the City Manager nor other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor, as fixed by the Mayor and Council. (10) To make to the Mayor and Council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts, and obligations. (11) To perform such other duties as may be required by ordinance or resolution of the Mayor and Council. (12) To give bond in the penal sum fixed by the Mayor and Council, with surety approved by the Mayor and Council, payable to the City of LaGrange, and its successors and assigns, for the benefit of the said City of LaGrange and for the use and benefit of the public, to secure and indemnify the City of LaGrange and each and all of the public, by reason of his default, misfeasance, malfeasance, and/or non-feasance in the performance of his duties. The premiums for such bonds shall be paid by the City of LaGrange. Bond. Section 2. A special election shall be called and held in the City of LaGrange, as provided in Sections 69-101 and 69-102 of the Code of Georgia of 1933, to determine whether or not this Act shall become of force and effect; and this Act shall be and become of force and effect only in event a majority of those voting in said special election shall vote in favor of putting this Act into effect. Referendum. Section 3. Be it further enacted by the authority aforesaid that notice of intention to seek the passage of this Act has

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been properly given in accordance with the Constitution of this State as appears from the affidavit of William A. Coker, the publisher of the LaGrange Daily News, the official organ for Troup County, hereto attached and made a part of this Act. Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict. Georgia, Troup County. In person appeared before the undersigned authority William A. Coker, who on oath states that he is publisher of the LaGrange Daily News, the newspaper in which the legal advertisements of the Sheriff of Troup County appear. Deponent further states that the attached notice, Notice of Intention to Apply for the Passage of a Local Bill, was published in the LaGrange Daily News on December 16, 1949, December 23, 1949, and December 30, 1949. Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill, to be entitled: An act to amend the charter of the City of LaGrange approved December 16, 1901, as amended, so as to provide for a City Manager and his selection, powers, duties, authority and to change the duties, powers, and authority of the Mayor and Council; and for other purposes. This 14th day of December, 1949. Duke Davis Mayor, City of LaGrange C. H. Day Clerk, City of LaGrange (s) William A. Coker

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Sworn to and subscribed before me, this the 14th day of January, 1950. (Notarial Seal) (s) Horace E. Richter Notary Public Troup County, Georgia. My commission expires July 12, 1950. Approved January 31, 1950. LaGRANGE LIMITS EXTENDED. No. 531 (House Bill No. 743). An Act to amend the charter of the City of LaGrange approved December 16, 1901, as amended so as to extend the corporate limits of the said City of LaGrange; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the date of the passage and approval of this Act the incorporate limits of the City of LaGrange shall be extended as follows: Beginning at a point where the southern right-of-way line of Club Drive (which leads from Cameron Mill Road into lands of Highland Country Club) intersects the northwest city limit line (as described in Act approved February 16, 1943 extending the city limits of LaGrange), and running thence southwesterly along the present line of the said city limit, a distance of 151 feet to the northwest side of spillway of Piney Woods Lake; thence southwesterly along the northwest side of said spillway to the end of said spillway, and thence southeasterly to the middle of the end of said spillway for a total distance of 425 feet; thence south 37 degrees 30 minutes west, 78 feet; thence north 57 degrees west, for a distance of 348 feet; thence westerly 231 feet; thence north 59 degrees 45 minutes west, 76 feet to the southern side of the right-of-way line of said Club Drive; thence along the southern and southeastern right-of-way line of said Club Drive, a distance of 496 feet, to the point of beginning. Description.

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Section 2. Be it further enacted by the authority aforesaid that notice of intention to seek the passage of this Act has been properly given in accordance with the Constitution of this State as appears from the affidavit of William A. Coker, the publisher of The LaGrange Daily News, the official organ for Troup County, hereto attached and made a part of this Act. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed to the extent of such conflict. Georgia, Troup County. In person appeared before the undersigned authority Roy C. Swank, who on oath states that he is publisher of the LaGrange Daily News, the newspaper in which the legal advertisements of the Sheriff of Troup County appear. Deponent further states that the attached notice, Notice of Intention to Apply for the Passage of a Local Bill was published in the LaGrange Daily News on December 23, 1949, December 30, 1949, and January 6, 1950. Legal 4743 Dec. 23, 30, Jan. 6. Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill, to be entitled: An Act to amend the charter of the City of LaGrange approved December 16, 1901, as amended, so as to extend the corporate limits of the said City of LaGrange, and for other purposes. This 20th day of December, 1949. Duke Davis Mayor, City of LaGrange C. H. Day Clerk, City of LaGrange (s) William A. Coker Sworn to and subscribed before me, this 14 day of January, 1950. (s) Horace E. Richter (Notarial Seal) Notary Public, Troup County, Georgia. My Commission Expires July 12, 1950. Approved January 31, 1950.

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WILCOX COUNTYOFFICE OF TREASURER ABOLISHEDDEPOSITORY. No. 534 (House Bill No. 861). An Act to abolish the office of County Treasurer of Wilcox County, Georgia; to authorize the Board of Commissioners of Roads and Revenues of said county to designate a depository for the deposit of funds of said county; to 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 upon the passage and approval of this Act, the office of County Treasurer of Wilcox County, Georgia, be and the same is hereby abolished. Section 2. The Commissioners of Roads and Revenues of said county, shall, by a majority vote, select some bank or banks in said county, or in any other county in Georgia in the discretion of said Board of Commissioners of Roads and Revenues, to act as county depository and disbursing agent of the funds of the county. Any bank so designated shall not be entitled to any fee or compensation for acting as such. County depository. Section 3. No funds of the county or other public funds shall be transferred to or deposited in said depository unless and until it shall have given a bond signed by some solvent surety company, authorized to do business in this State, in the sum of not less than twenty thousand ($20,000) dollars, payable to the Commissioners of Roads and Revenues and their successors in office, for the safe keeping and accounting of all funds that may go into its custody by reason of its acting as such depository, and for the full and faithful performance of all the duties pertaining to said depository. The bond thus provided for shall be approved by the Commissioners of Roads and Revenues of said county, and said Commissioners shall have the power to call upon said bank or banks to increase the amount of or to strengthen said bond at any time they may deem necessary, and in default of this being done, to revoke the appointment of such bank or banks as depository and disbursing agent. Depository's bond.

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Section 4. It shall be the duty of any bank or banks designated and qualifying as aforesaid as the county depository and disbursing agent: Duties. (a) to pay without delay, in funds of said county, all orders or warrants issued by the Commissioner of Roads and Revenues of said county or by their authority when presented for payment; (b) to take a receipt of each order when paid and carefully file it away; (c) to keep a well bound book in which shall be entered all receipts, stating when received, from whom and on what account, and all amounts paid out, stating when paid, to whom and on what account; (d) to keep a well bound book in which shall be entered a full description of all county orders or warrants or other forms of indebtedness as they may be presented; and to record a copy of the order of the county authorities levying county taxes; (e) to collect and the receive from all officers and others county funds, and to receive, hold and disburse according to law all funds which the county treasurer might have heretofore received, held or disbursed; (f) to render reports to and appear before the Commissioners of Roads and Revenues of said county whenever notified, and to appear before any grand jury of the county, on request, to render an account of its actions and doings as depository and disbursing agent, and to exhibit its books and vouchers as such depository and disbursing agent whenever notified; (g) to perform all duties essential to the proper conduct of the county's affairs which it has been necessary heretofore or according to laws now in effect for the county treasurer to perform. Section 5. On the day this Act becomes effective, it shall be the duty of the person now holding the office of County Treasurer to immediately transfer and deliver all county funds then in his hands, as well as all records, books and papers pertaining to said office, to the bank or banks designated as county depository. All parties heretofore required by law to pay over

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to the County Treasurer any funds collected or held by them are hereby authorized and directed to pay the same to the depository or depositories designated and qualified as aforesaid. Transfer of funds, records, etc. Section 6. The premium on the bond or bonds and the expense of all records, books, etc., required to be kept by such depository or depositories shall be paid out of the funds of the county by order of the Commissioners of Roads and Revenues. Expenses. Section 7. The term during which such a depository or depositories shall act after designation and qualifications as such shall end at the expiration of each calendar year, or until a successor is designated and qualified. Term. Section 8. Said depository or depositories shall be deemed to be public agencies of the county and are subject to all civil and criminal liability as would be the case if a county treasurer were performing the same functions, and the Commissioners may proceed against such depository or depositories and the sureties on their bond in the same manner and as the ordinary may now proceed against a county treasurer for nonfeasance, misfeasance or malfeasance in the conduct of his office. Liabilities, civil and criminal. Section 9. The Act approved March 11, 1943, (Ga. Laws 1943, pages 1131-1132) relating to the County Treasurer and depository of Wilcox County, and the Act approved February 7, 1938 (Ga. Laws Extraordinary Session 1937-1938, pages 909-910), relating to the County Treasurer of Wilcox County, and the Act approved February 12, 1938 (Ga. Laws Extraordinary Session 1937-1938, pages 910-912, relating to a County Treasurer and county depository of Wilcox County, together with all other laws or parts of laws in conflict with this Act are hereby repealed. Georgia, Wilcox County. Personally appeared before the undersigned attesting officer J. R. Ham, who, after being duly sworn on oath, deposes and states as follows: That he is the publisher of the Abbeville Chronicle, a newspaper having a general circulation in the County of Wilcox,

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and in which paper sheriff's sales are advertised. That the below attached notice was published in said paper on December 29, 1949, January 5, 1950, January 12, 1950, and January 19, 1950. This 19th day of January, 1950. (s) J. R. Ham Sworn to and subscribed before me this 19th day of January, 1950. (s) J. N. Cowan, N.P. Notary Public State at Large. Notice of Local Legislation. This is to give notice that I will introduce and secure passage of a bill in the 1950 session of the Legislature abolishing the office of Treasurer of Wilcox County. J. F. Witherington, Representative. Approved January 31, 1950. CITY COURT OF COLQUITT COUNTYJUDGE'S COMPENSATION. No. 535 (House Bill No. 746). An Act to amend an Act creating the City Court of Colquit County in and for the County of Colquitt, approved August 7, 1931, and Acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Colquitt County and the Solicitor of the City Court of Colquitt County; and for other purposes: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act of 1939 (Georgia Laws 1939, page 455 et seq.), be and the same is hereby amended by striking in Section 1 the following words: The governing authorities

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of Colquitt County shall fix the salary of the judge of said court not to exceed twenty-four hundred ($2,400.00) dollars per annum and at a figure not less than twenty-one hundred ($2,100.00) dollars per annum, and substituting in lieu thereof the following: The Judge of said city court shall receive a salary of three thousand ($3,000.00) dollars per annum. Salary. Section 2. Be it enacted further that Section 2 of said Act of 1939 (Georgia Laws 1939, page 455 et seq.), be and the same is hereby amended by striking therefrom the words: and in lieu thereof he shall be paid a salary by the governing authorities of said county not to exceed eighteen hundred $1,800.00) dollars per annum and not less than twelve hundred ($1,200.00) dollars per annum, and substituting in lieu thereof the following: And in lieu thereof he shall receive the sum of $200.00 per month. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. Attached hereto and made a part hereof is a copy of a notice of intention for this local bill, properly certified, as required by law. Notice: Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a local bill, captioned, which is as follows: An amendment to an Act entitled An Act to establish the City Court of Colquitt County, in and for the County of Colquitt, approved August 7, 1931, and Acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Colquitt County, and the Solicitor of said court and for other purposes. This the 25th day of November 1949. Ben Galloway Representative Colquitt County, Georgia. G. W. Newton State Senator 47 Senatorial District.

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Georgia, Colquitt County: The undersigned does hereby certify that he is the editor of the Moultrie Observer, a newspaper in which sheriff's advertisements for the locality affected by this bill are published, and does hereby certify that an exact of the above and foregoing notice was published in the Moultrie Observer as required by law for local legislation, and that said notice was published in the Moultrie Observer on Dec. 2, 9, 16, 1949. (s) W. D. Avera Editor Moultrie Observer Sworn to and subscribed before me this 5th day of January, 1950. (s) P. Q. Bryan, N. P., Ga. Approved February 1, 1950. DOUGLAS CORPORATE LIMITS EXTENDED. No. 538 (House Bill No. 910). An Act to amend an Act approved December 18, 1900 (Georgia Laws, 1900, pages 284, 285, inclusive), and the several amendatory Acts thereto, including the amendatory Act approved February 10, 1939, (pages 1013, 1014, inclusive, Georgia Laws, 1939), so as to change, enlarge, and extend the corporate limits of the City of Douglas, in Coffee County, Georgia, by incorporation of additional and contiguous territory therein 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 amending the charter of the City of Douglas, in the County of Coffee, approved February 10, 1939, is hereby repealed in its entirety. Act of 1939 repealed. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the

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same, that an Act amending the charter of the City of Douglas, County of Coffee, approved December 18, 1900 (Georgia Laws, 1900, pages 284, 285, inclusive), be amended as follows: That territory and area of land lying and to the south of the present city limits of said city described in detail as follows: Beginning at the point where the present city limits intersects the east side of the old Douglas to Willacoochee public road, thence south along the east side of said road to a point 5227 feet south of the center line of College Drive in the City of Douglas, thence east along lands of Coffee County and the City of Douglas 2500 feet to the west side of right of way of State Highway No. 31, thence north along west side of right of way of State Highway No. 31, to the present city limits, said point on west side of State Highway No. 31, being 5227 feet south of the center line of College Drive in the City of Douglas, the above property being all of the property of South Georgia College. And also that territory and area of land lying to the north of the present city limits, beginning at a point where the present city limits intersects the east side of North Gasking Avenue, thence in a northerly direction along the east side of Gaskin Avenue 1696 feet to the south property line of Douglas Cemetery thence in an easterly direction 1210 feet, thence in a northerly direction 954 feet to a fence corner, thence east 179 feet to a fence corner, thence in a northwesterly direction along a fence to a fence, running east and west, thence 35 feet to another fence, thence, northerly direction 161 feet, to another fence, thence in a westerly direction 957 feet along a fence to an iron stake, thence in a southerly direction 790 feet to an iron stake, on north side of the cemetery drive, thence west along fence on north side of cemetery drive 550 feet to a fence on west side of North Gaskin Avenue extension, thence south along west side of Gaskin Avenue extension 2304 feet to present city limits, thence in southeasterly direction 60 feet along present city limits to point of beginning. This being the road leading to the Douglas Cemetery and the Douglas Cemetery. The intent and purpose of this section is to only incorporate the Douglas Cemetery and the road to said cemetery. Territory included. Section 3. Be it further enacted, that all laws or parts of

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laws in conflict with this Act, be and the same are hereby repealed. Section 4. 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 publisher hereof to the effect that said notice has been published as provided by law. Georgia, Coffee County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths, Melvin Waters, who after being duly sworn, says upon oath that he is publisher of the Coffee County Progress, the newspaper in which sheriff's advertisements are printed in Coffee County, and the newspaper in which the following notice appeared: Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act incorporating the City of Douglas, approved December 21, 1899, by the General Assembly, and the several Acts amendatory thereof, by changing, enlarging, and extending the corporate limits of said City of Douglas, to include South Georgia College and the Douglas Cemetery and to prescribe new corporate limits of said City of Douglas, by the incorporation of additional and contiguous territory and to repeal all laws or parts of laws in conflict therewith, and for other purposes. This 12th day of November, 1949. Henry C. Ellis Member of General Assembly of Georgia. Deponent further says that he makes this affidavit to be attached to and made part of the bill described in the above advertisement, and that this advertisement was duly printed in the Coffee County Progress on the following dates: November 17, 1949; December 1, 1949; December 22, 1949; immediately

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preceding the introduction of said bill into the General Assembly. (s) Melvin C. Waters Melvin C. Waters Sworn to and subscribed before me this 21 day of January, 1950. (s) Ward Whelchel Notary Public, Coffee County, Georgia. (Notarial Seal) My commission expires 1953. Approved February 7, 1950. DOUGLASRECORDER'S COURT. No. 539 (House Bill No. 793). An Act to amend An Act incorporating the City of Douglas, approved December 20, 1899 (pages 177 to 196, inclusive, Georgia Laws 1899), and the several amendatory Acts thereto, including the amendatory Act approved March 12, 1941 (pages 1323 to 1334, inclusive) by the 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, an Act creating a new charter for the City of Douglas, approved December 20, 1899, and all Acts amendatory thereof, including Act passed March 12, 1941, be and the same is hereby amended by adding thereto the following: Acts amended. There is hereby created the office of Recorder of the City of Douglas, whose duty it shall be to preside over the Recorder's Court of said City of Douglas, and said Recorder

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is hereby vested with all the powers and authority heretofore conferred on the Chairman of the Board of Commission, in an amendment to the charter of the City of Douglas, approved March 12, 1941, and said Recorder is hereby vested with all the powers and authority heretofore conferred on the Mayor of said City of Douglas in the Act creating the charter of said City of Douglas approved December 20, 1899, in so far as said powers and authority pertain to holding courts to try offenders and violators of the ordinances of said City of Douglas, to impose sentences against any person adjudged guilty of a violation of any ordinance of said City of Douglas, to subpoena witnesses, issue warrants, adjudge persons in contempt of court, commit persons to State courts and generally to do any and all things and acts now or heretofore conferred on the Chairman of the Board of Commission, in so far as holding court and disposing of all criminal cases is concerned, or the Mayor of the City of Douglas, so far as holding court and disposing of any and all criminal cases is concerned. Provided, that in the absence of said Recorder, or his inability or disqualification to preside, then the Chairman of the Board of Commission or in his absence, inability of disqualification, any one of the commissioners designated by said Chairman shall hold Recorder's Court. Recorder's Court. Section 2. Be it further enacted by the authority aforesaid, that the words Mayor's Court wherever same appears in the Act approved December 20, 1899, creating a charter for the City of Douglas, or the Act amending the charter of the City of Douglas, approved March 12, 1941, be, and in the same are, hereby stricken and the words Recorder's Court, be inserted in the place of said words so stricken. Section 3. Be it further enacted, that said Recorder shall be elected by the Board of Commission of said City of Douglas, that said Recorder shall serve at the pleasure of said Commission, that said Commission can remove said Recorder at any time, with or without reason. Recorder's election and term. Section 4. The salary of said Recorder shall be set by the Board of Commission of the City of Douglas. Salary. Section 5. The Board of Commission of the City of Douglas,

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shall have the right and power, upon motion made and carried at a regular meeting thereof of said Commission to combine the office of Recorder and City Attorney and to fix the salary therefor. Office may be combined with that of City Attorney. Section 6. Said Recorder shall be at least 21 years of age and a bona fide resident of the City of Douglas, and a practicing attorney at law. Qualifications. Section 7. Be it further enacted, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 8. 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 publisher hereof to the effect that said notice has been published as provided by law. Georgia, Coffee County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths, Melvin Waters, who after being duly sworn, says upon oath that he is publisher of the Coffee County Progress, the newspaper in which sheriff's advertisements are printed in Coffee County, and the newspaper in which the following notice appeared: Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act incorporating the City of Douglas, approved 21 December, 1899, 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. This 12th day of November, 1949. (s) Henry C. Ellis Member of General Assembly of Georgia

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Deponent further says that he makes this affidavit to be attached to and made part of the bill described in the above advertisement, and that this advertisement was duly printed in the Coffee County Progress on the following dates: November 17, 1949, December 1, 1949, December 22, 1949, immediately preceding the introduction of said bill into the General Assembly. (s) Melvin C. Waters Melvin C. Waters Sworn to and subscribed before me this 14 day of January, 1950. (s) Ward Whelchel Notary Public Coffee Co., Ga. My commission expires 1953. Approved February 7, 1950. LOWNDES COUNTYFOREST PRODUCTS INDUSTRIES. No. 541 (House Bill No. 916). An Act relating to Lowndes County, Georgia, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest products by present and future industries in Lowndes County; providing for inducements to encourage industries which utilize forest products to locate, operate, and expand in said county; authorizing said county, towns and cities, to sell, convey, lease, or transfer real property and interests therein needed or useful in the construction, expansion, or operation of, or as a site for, such industries under certain conditions and terms; authorizing said county, towns and cities to acquire, construct, improve, extend, operate and maintain systems, plants and properties used or useful in connection with the collection, treatment, aeration, or disposal of industrial wastes, effluents, sewerage, and storm water resulting from, incident to, or arising from the construction or operation of industrial plants and facilities of such industries; authorizing said county and each of said towns and cities to obligate

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themselves by contract with owners of such industrial plants, to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants; providing that the exercise of the powers conferred by or enumerated in this Act shall not constitute a public nuisance; 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. Whenever used in this Act, unless different meaning clearly appears from the context: (a) The term municipality shall mean the County of Lowndes or any incorporated city or town located in Lowndes County; and Definitions. (b) The term governing body shall mean the board, commission, council, or other local legislative body of such municipality. Section 2. It is hereby determined and declared that the forest and timbered lands within the State of Georgia are among the greatest and most valuable resources and assets of the State, and, if properly managed and utilized within the State, they will constitute a constantly increasing source of income and employment. Declaration of policy. Section 3. It is further determined and declared that great areas of forest lands are located within the County of Lowndes and surrounding territory, which fact, together with the available transportation facilities of the area and other relevant factors, has induced and continues to induce industries which utilize forest products to locate in Lowndes County in constantly increasing numbers. Section 4. It is also determined and declared that further inducement of industries which utilize forest products to locate, expand and operate in Lowndes County will result in an enhancement in the value of the timbered lands of said county and surrounding territory and will greatly stimulate and increase employment in that area, and will be to the best interests of said County of Lowndes and its citizens, to the best

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interests of the counties adjoining the County of Lowndes and the citizens thereof, and to the best interests of the State of Georgia as a whole. Section 5. In order to encourage, foster and further promote the utilization of Georgia forest products within the State, and particularly within the County of Lowndes, any municipality (as herein defined) acting by and through its governing body, in addition to the powers and authority which it may now have, shall have power: (a) To sell, convey, lease for any term, or otherwise transfer any of its real property, or any interest therein, needed or useful in the construction, expansion or operation of, or as a site for, any industrial plant, system or facility which utilizes timber or other forest products; Provided, that the governing body of said municipality shall first, in its discretion, determine and declare by appropriate resolution that such property or interest is not necessary to the municipality for other public purposes; and Provided that the consideration for such sale, conveyance, lease or transfer may be the construction, expansion or operation of such industrial plants, system or facility in Lowndes County, and the consequential benefit to said municipality or its citizens and only such other consideration as said governing body may, in its discretion, deem proper and fitting, regardless of the actual worth or value of such property or interests; Powers of municipalities as to real property. (b) To acquire by gift, purchase or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, to extend, to operate, and to maintain systems, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, aeration, or disposal of industrial wastes and effluents, sewerage, and storm water, or any of them; and as part of the service and operation of such systems, plants, works, instrumentalities, and properties, to expel, flow, direct, or dump such wastes, effluents, sewerage and storm water into any reservoir, settling ponds, or aeration systems owned, maintained or operated for that purpose, and into any branches, creeks, rivers or streams located in whole or part in said county; Industrial wastes.

Page 2040

(c) To make contracts with the owner or owners of existing, future or proposed, industrial plants of the type which utilize timber or other forest products, whereby said municipality undertakes and obligates itself to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants for and during such period of years, in such manner, at such costs, and for such fees, tolls, and charges as the governing body of said municipality may, in its discretion, deem proper and fix by such contract; Contracts to dispose of wastes. (d) To advertise the advantages of locating such industrial plants within said county. Section 6. It is determined and declared that the exercise of the powers conferred by Section 5 hereof, or any of them, and the doing of the acts and things enumerated in said Section 5, or any of them, shall be for the best interests of the public, and the exercise of any such powers, or the doing of any such acts or things by any municipality shall in no event constitute or be declared a public nuisance. Nuisances. Section 7. Be it further enacted by the authority aforesaid that if any part or parts of this Act, or its or their application to any municipality, person, thing, or circumstance be held to be unconstitutional or otherwise invalid, the validity of the remainder of this Act and of the application of such part or parts to other municipalities, persons, things and circumstances shall be unaffected. If part invalid. 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. Section 9. 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 required by law. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1950

Page 2041

Session of the General Assembly of Georgia, which bill shall be entitled: An Act relating to Lowndes County, Georgia, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest products by present and future industries in Lowndes County; providing for inducements to encourage industries which utilize forest products to locate, operate, and expand in said county; authorizing said county, towns and cities, to sell, convey, lease or transfer real property and interests therein needed or useful in the construction, expansion, or operation of, or as a site for, such industries under certain conditions and terms; authorizing said county, towns and cities to acquire, construct, improve, extend, operate and maintain systems, plants and properties used or useful in connection with the collection, treatment, aeration, or disposal of industrial wastes, effluents, sewerage, and storm water resulting from, incident to, or arising from the construction or operation of industrial plants and facilities of such industries; authorizing said county and each of said towns and cities to obligate themselves by contract with owners of such industrial plants, to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants; providing that the exercise of the powers conferred by or enumerated in this Act shall not constitute a public nuisance; and for other purposes. J. E. Mathis John W. Langdale Lowndes County Representatives State of Georgia, County of Fulton. Before me, the undersigned officer authorized by law to administer oaths, personally appeared J. E. Mathis and John W. Langdale, who, being both, duly sworn, depose and say that the attached and next foregoing instrument entitled Notice of Local Bill is a true and correct copy of the notice of intention to apply for the passage of the attached and foregoing

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bill, which notice of intention deponents caused to be published as provided by Article III, Section VII, Paragraph XV of the Constitution of Georgia; and deponents further depose and say that notice of intention has been published as provided by law. John H. Langdale J. E. Mathis Sworn to and subscribed before me, this 23rd day of January, 1950. W. M. Tribble Notary Public Approved February 7, 1950. HINESVILLE CITY COURTJUDGE'S SALARY. No. 544 (House Bill No. 847). An act to amend an Act creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, page 232), as amended by an Act approved August 16, 1920 (Ga. Laws 1920, page 334), and as amended by an Act approved February 16, 1943 (Ga. Laws 1943, page 753), by increasing the compensation of the Judge of said City Court to eighteen 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 the same: Section 1. That an Act creating the City Court of Hinesville, approved August 9, 1916 (Ga. Laws 1916, page 232), as amended by an Act approved August 16, 1920 (Ga. Laws 1920, page 334), and as amended by an Act approved February 16, 1943 (Ga. Laws 1943, page 753) is hereby amended by striking from line 34 of Section 4 of said Act, as amended, the words fifteen hundred dollars and substituting in lieu thereof the words eighteen hundred dollars, so that the salary of the Judge of the City Court shall be eighteen hundred dollars per annum. Salary.

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Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Liberty County. Personally appeared before me, the undersigned attesting officer, duly authorized under the laws of Georgia to administer oaths, M. F. Clark, who on oath says that he is editor, publisher and advertising clerk of the Liberty County Herald, with its principal office in the City of Hinesville, a public gazette published weekly in the City of Hinesville, of general circulation, and the official organ of Liberty County, Georgia, and that the following: Notice. Georgia, Liberty County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act entitled An Act to establish the City Court of Hinesville, Liberty County, Georgia; to define its jurisdiction and powers; to provide for the election of a Judge and a Solicitor thereof; to define their powers and duties, and fix their compensation, etc. approved August 9, 1916, appearing in Georgia Laws, 1916, pages 232-245 both inclusive, and an Act amendatory thereof entitled An Act to amend an Act creating the City Court of Hinesville, approved August 9, 1916, and for other purposes, approved August 16, 1920 appearing in Georgia Laws 1920, pages 334-336 both inclusive; and an Act amendatory thereof entitled, An Act creating the City Court of Hinesville, approved August 16, 1916, and for other purposes, approved February 16, 1943, appearing in Georgia Laws 1943, pages 753-755 inclusive, so as to fix the salary of the Judge of said Court at eighteen hundred dollars a year, and for other purposes. This 5th day of December, 1949. C. J. Smiley, Representative, Liberty County, Georgia

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Has been published in said Liberty County Herald once a week for three weeks, to wit: In the regular issues of December 3, 1949; December 15, 1949; December 22, 1949. (s) M. F. Clark M. F. Clark Sworn to and subscribed before me this 14th day of January, 1950. Oscar Flowers N. P. Ga. State at Large My commission expires February 14, 1952. (Notarial Seal) Approved February 7, 1950. LIBERTY COUNTYSOIL CONSERVATION EXPERIMENT STATION. No. 545 (House Bill No. 863). An Act to authorize the Commissioners of Roads and Revenues of the County of Liberty to use funds from any surplus funds in the treasury of said county in an amount not to exceed five thousand and twenty-five dollars for the purpose of obtaining, maintaining, keeping or establishing a soil conservation experiment station in the County of Liberty to be used for the improvement, advancement, health, recreation and welfare of the citizens of Liberty County; 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 Commissioners of Roads and Revenues of the County of Liberty be and they are hereby authorized to use funds from any surplus funds in the treasury of said county in an amount not to exceed five thousand and twenty-five dollars ($5,025.00) for the purpose of obtaining, maintaining,

Page 2045

keeping or establishing a soil conservation experiment station in the County of Liberty to be used for the improvement, advancement, health, recreation and welfare of the citizens of Liberty County. Funds for soil conservation experiment station. Section 2. That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Georgia, Liberty County. I, M. F. Clark, publisher of the Liberty County Herald, the official newspaper in which sheriff's advertisements are published in Liberty County, Georgia, on oath say that the notice hereto attached was duly published in the Liberty County Herald on the dates, 8, 15, 22, of December, 1949. This January 17, 1950. (s) M. F. Clark Jr. Publisher, Liberty County Herald Sworn to and subscribed before me this January 17, 1950. (s) T. H. McDowell (Notarial Seal) N. P. Lib. Co., Ga. Notice. Georgia, Liberty County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, which convenes in January, 1950, for the passage of the following bill: An Act to authorize the Commissioners of Roads and Revenues of Liberty County, Georgia, to apply county funds for the purpose of paying the purchase price of lands sold to the Federal Government for the purpose of establishing an Experiment Station in Liberty County to be known as the Southeastern Tidewater Soil Conservation Experiment Station; and to authorize the Commissioners of Roads and Revenues of Liberty County to purchase lands to be used for the improvement, advancement, health, recreation, and welfare of the citizens

Page 2046

of Liberty County; and to levy for the above-stated purposes. This 7th day of December, 1949. C. J. Smiley, Representative, Liberty County, Ga. Approved February 7, 1950. MOUNTAIN PARKCHARTER AMENDMENTS. No. 546 (House Bill No. 860). An Act to amend an Act establishing a charter for the City of Mountain Park, approved July 13, 1927, and the several Acts amendatory thereof, and for other purposes, to change and increase the term of office of all elected officials of the City of Mountain Park from one to two years, effective upon the next election of city officials at the City of Mountain Park subsequent to this charter amendment; to provide that the City of Mountain Park shall have no power to sell realty shown on plat recorded in Fulton County Records as being parks or thereon shown as being other realty belonging to the City of Mountain Park, and to change the city limits of the City of Mountain Park so as to include therein Land Lot 1153 of the Second District, Second Section of formerly Milton, now Fulton County, Georgia, and the following tract of land lying and being in Land Lot 1117 of the Fifteenth (15th) District, Second Section of Cherokee County, to wit: Beginning at the northeast corner of Land Lot 1188 of the 15th District and Second Section of Cherokee County, Georgia (the said beginning point being on the county line which runs in a northerly and southerly direction between Cherokee and Fulton Counties), and proceeding thence westwardly along the north line of said Land Lot 1188 a distance of five hundred and thirty-three (533) feet to a stake located on the westerly side of a creek known as Mountain Park, Cane or Rocky Creek; thence north 31 degrees 31 minutes west in a straight line a distance of one hundred and ninety-six (196) feet to a inch iron pin; thence north

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74 degrees 22 minutes east in a straight line a distance of six hundred and forty-two (642) feet to an iron pin located on the county line between Cherokee County and Fulton County; thence south 2 degrees 56 minutes east in a straight line a distance of three hundred and forty (340) feet to the northeast corner of Land Lot 1188 of the 15th District and Second Section of Cherokee County and the point of beginning; the same being approximately 3.4 acres of unimproved property as shown on survey of Lat Ridgeway, dated November 24, 1949; together with all that tract of land in said Land Lot 1188 of the 15th District and Second Section of Cherokee County described as follows: Beginning at the southeast corner of Land Lot 1117 of the 15th District and Second Section of Cherokee County, Georgia, and proceeding thence westwardly along the south side of said Land Lot 1117 in a straight line a distance of seven hundred and fifty-one (751) feet to a point marked by a pine tree and an iron pin; thence south 12 degrees 51 minutes west in a straight line a distance of six hundred and fifty feet to a stake; thence south 68 degrees 27 minutes east in a straight line a distance of two hundred and eighty-nine (289) feet to a point marked by a white oak and an iron pin; thence north 54 degrees 38 minutes east to the water line of a lake; thence in a southerly and easterly direction along the water line of said lake a distance of approximately 600 to 700 feet to the county line which runs in a northerly and southerly direction between Cherokee and Fulton Counties; thence in a northerly direction along the west side of Fulton County to the southeast corner of Land Lot 1117 of the 15th District and Second Section of Cherokee County and the point of beginning, consisting of approximately 14.4 acres. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act to amend an Act establishing a charter for the City of Mountain Park, approved July 13, 1927, and the several Acts amendatory thereof be amended as follows: Section 1. The term of office of all elected officials of the City of Mountain Park shall be two years, effective upon the next election of city officials at the City of Mountain Park subsequent to this charter amendment. Terms of elected officials.

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Section 2. The City of Mountain Park shall have no power to sell realty shown on plat recorded in Fulton County Records in Deed Book L, at page 582, as being parks or shown as being other realty belonging to the City of Mountain Park. Park lands. Section 3. The limits of said City of Mountain Park are hereby extended so as to include and embrace therein the following tracts of land, to wit: Land Lot 1153 of the Second District, Second Section of formerly Milton, now Fulton County, Georgia; and the following tract of land lying and being in Land Lot 1117 of the Fifteenth (15th) District, Second Section of Cherokee County, to wit: Beginning at the northeast corner of Land Lot 1188 of the 15th District and Second Section of Cherokee County, Georgia (the said beginning point being on the county line which runs in a northerly and southerly direction between Cherokee and Fulton Counties), and proceeding thence westwardly along the north line of said Land Lot 1188 a distance of five hundred and thirty-three (533) feet to a stake located on the westerly side of a creek known as Mountain Park, Cane or Rocky Creek; thence north 31 degrees 31 minutes west in a straight line a distance of one hundred and ninety-six (196) feet to a inch iron pin; thence north 74 degrees 22 minutes east in a straight line a distance of six hundred and forty-two (642) feet to an iron pin located on the county line between Cherokee County and Fulton County; thence south 2 degrees 56 minutes east in a straight line a distance of three hundred and forty (340) feet to the northeast corner of Land Lot 1188 of the 15th District and Second Section of Cherokee County and the point of beginning; the same being approximately 3.4 acres of unimproved property as shown on survey of Lat Ridgeway, dated November 24, 1949; together with all that tract of land in said Land Lot 1188 of the 15th District and Second Section of Cherokee County described as follows: Beginning at the southeast corner of Land Lot 1117 of the 15th District and Second Section of Cherokee County, Georgia, and proceeding thence westwardly along the south side of said Land Lot 1117 in a straight line a distance of seven hundred and fifty-one (751) feet to a point marked by a pine tree and an iron pin; thence south 12 degrees 51 minutes west in a straight line a distance of six hundred and fifty feet to a stake; thence south 68 degrees 27 minutes

Page 2049

east in a straight line a distance of two hundred and eight-nine (289) feet to a point marked by a white oak and an iron pin; thence north 54 degrees 38 minutes east to the water line of a lake; thence in a southerly and easterly direction along the water line of said lake a distance of approximately 600 to 700 feet to the county line which runs in a northerly and southerly direction between Cherokee and Fulton Counties; thence in a northerly direction along the west side of Fulton County to the southeast corner of Land Lot 1117 of the 15th District and Second Section of Cherokee County and the point of beginning, consisting of approximately 14.4 acres. Limits extended. Section 4. The power and authority of the City of Mountain Park 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 Mountain Park, the power of taxing property and 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 laws and ordinances of the City of Mountain Park, are extended to all the limits included under the terms of this Act. The power of all officers of the City of Mountain Park is extended to the new limits as fully and completely as it now exists within the former limits and under the present charter, the laws, and ordinances governing the City of Mountain Park. Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia. County of Fulton. Personally appeared before me the undersigned notary public, an officer of said State and county, authorized to administer oaths, William F. Lozier, who, after being duly sworn on oath, deposed and said:

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1) That he is the attorney for the City of Mountain Park, Georgia. 2) That the below quoted notice of an intention to apply to the General Assembly of the State of Georgia for the passage of a bill affecting the City of Mountain Park, Georgia has been duly published as provided by law in Paragraph XV of Article III of the Constitution of the State of Georgia of 1945. (s) William F. Lozier (William F. Lozier) Sworn to and subscribed before me, this 18th day of January, 1950. (s) Eva N. McNever (Notarial Seal) Notary Public, Georgia, State at Large My commission expires November 9, 1953. An Act to amend an Act establishing a charter for the City of Mountain Park, Georgia, approved July 13, 1927 and the several Acts amendatory thereof, and for other purposes, to change and increase the term of office of all elected officials of the City of Mountain Park from one to two years effective upon the next election, subsequent to this charter amendment; to provide that the City of Mountain Park shall have no power to sell realty shown on plat recorded in Fulton County Records as being parks or other realty belonging to the City of Mountain Park; and to change the city limits of the City of Mountain Park so as to include therein Land Lot 1153 of the 2nd District 2nd Section of formerly Milton now Fulton County, Georgia, and twenty (20) acres of the northeast corner of Land Lot 1188 of the 15th District 2nd Section of Cherokee County. Approved February 7, 1950.

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COUNTY BOARDS OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES. No. 547 (House Bill No. 848). An Act to provide for the compensation of the chairman and the members of the board of education in all the counties of this State having a population of not less than 8,590 and not more than 8,600 according to the 1940 or any future census; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act in all the counties of this State having a population of not less than 8,590 and not more than 8,600, according to the official United States census of 1940 or any future census, the members of the board of education shall be compensated in the amount of $25.00 per month and the chairman of said board shall be compensated in the amount of $35.00 per month. Said sum shall be paid out of the school funds appropriated to the county. The members of the board and the chairman shall not receive any other compensation. Compensation of chairman and members. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Liberty County. Personally appeared before me, the undersigned attesting officer, duly authorized under the laws of Georgia to administer oaths, M. F. Clark, who on oath says that he is the editor, publisher and advertising clerk of the Liberty County Herald, with its principal office in the City of Hinesville, a public gazette published weekly in the City of Hinesville, of general circulation, and the official organ of Liberty County, Georgia, and that the following: Notice. Georgia, Liberty County. Notice is hereby given that application will be made at the

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next session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act Code Section 32-904 (Acts 1919, page 321) compensation of members of county boards of education, the members of the board of education in each county shall be paid a per diem not to exceed $2.00 for each day's actual service out of the school fund appropriated to the county; and their accounts for service shall be submitted for approval to the ordinary or county superintendent of schools; and they shall not receive any other compensation such as exemption from road duty and jury duty; and an Act amendatory in 1943, page 270, amending this section by raising the per diem to $5.00 with the proviso that nothing herein shall apply to any county in the State having a population of 80,000 or over according to the last United States census or any future census, so as to fix the compensation of members of county boards of education in counties having a population under 80,000 at $25.00 per month per member other than the chairman whose compensation will be $35.00 per month. This 15th day of December, 1949. C. J. Smiley, Representative Liberty County, Georgia Has been published in said Liberty County Herald once a week for three weeks, to wit: In the regular issues of December 15, 1949; December 22, 1949; December 29, 1949. M. F. Clark M. F. Clark Sworn to and subscribed before me this 14th day of January, 1950. Oscar Flowers (Notarial Seal) N. P. Ga. State at Large My commission expires February 14, 1952. Approved February 7, 1950.

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MACONLAND CONVEYANCE TO BIBB TRANSIT COMPANY CONFIRMED. No. 548 (House Bill No. 805). An Act to ratify and confirm the action of the Mayor and Council of the City of Macon as shown by minutes of its meeting of January 3, 1950, in abandoning, vacating and closing certain portions of New Street, Willow Street and Spring Street Lane in the City of Macon, Georgia, and the conveyance of the same to Bibb Transit Company, a corporation of Bibb County, Georgia, by deed dated January 11, 1950, of record in the clerk's office, Superior Court Bibb County, Georgia, in Deed Book 589, Folio 270; 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 action of the Mayor and Council of the City of Macon as shown by the minutes of its regular meeting of January 3, 1950, providing for the closing, abandonment and vacating of certain portions of New Street, Willow Street and Spring Street Lane, and the conveyance of the same to Bibb Transit Company, a corporation of Bibb County, Georgia, all as shown by deed from the said City of Macon to Bibb Transit Company dated January 11, 1950, and of record in the clerk's office of the Superior Court of Bibb County, Georgia, in Deed Book 589, folio 270, be, and the same is hereby, ratified and confirmed, and the title in said streets and lane in and to Bibb Transit Company is hereby confirmed. Closing of streets confirmed. Section 2. Be it further enacted by the authority aforesaid that said conveyance of January 11, 1950, executed by the said City of Macon to Bibb Transit Company, be and is hereby sanctioned and confirmed as a valid and legal conveyance so as to fully and effectually vest title to all such portions of said streets and alley as conveyed in said Bibb Transit Company. Conveyance confirmed. 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.

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State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in the Macon News on the following dates. December 30, 1949, January 6, 1950, January 11, 1950. (Signed) Florence J. Scott Sworn to and subscribed to before me this 11th day of January, 1950. (s) Anna J. Harris (Notarial Seal) Notary Public, Bibb County, Georgia Notice to the Public. Notice is hereby given that Bibb Transit Company, a corporation of Bibb County, Georgia, intends to apply to the General Assembly of the State of Georgia for the General Assembly to pass an Act ratifying and confirming the action of the City of Macon, Georgia, in vacating, closing and abandoning for street purposes the following described streets, alleys and lanes in the City of Macon, Georgia, and the conveyance of the same by written instrument in the form of a deed to said Bibb Transit Company by the City of Macon. Said streets, alleys and lanes are described as follows: New Street: All of New Street, being 120 feet in width, save and except such portions thereof as have heretofore been granted in the form of encroachments, beginning where New Street commences on the northerly side of the original northern side of Ocmulgee Street between squares 98 and 99, Old City, and running thence northerly toward the Ocmulgee River to the southerly side of Rose Street; all in Macon, Bibb County, Georgia. Willow Street: All of Willow Street, being 20 feet in width, and commencing at the easterly side of Spring Street Lane in square 98, Old City, and running easterly to a point in square 99 of the City of Macon, which point is 208 feet

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easterly from the easterly side of New Street; all being in Macon, Bibb County, Georgia. Spring Street Lane: All of Spring Street Lane which runs northerly and southerly through square 98 of said City of Macon, being 10 feet in width, and commencing at the northerly side of Willow Street in said square, and running northerly toward the Ocmulgee River to the southerly side of Rose Street a distance of 208 feet; all being in Macon, Bibb County, Georgia. This notice is given pursuant to paragraph 15 of Article III of the Constitution of the State of Georgia of 1945, codified as Section 1915 of Title 2 of the 1933 Code of Georgia Annotated. Bibb Transit Company, By L. D. Baggs, President. Miller, Miller Miller, Attorneys. Approved February 7, 1950. CAMILLAMALT BEVERAGE TAX. No. 550 (House Bill No. 737). An Act to amend an Act entitled, An Act to create a new charter for the City of Camilla, and for other purposes, approved August 19, 1907 (Ga. Laws 1907, page 505) as amended by an Act approved August 11, 1913 (Ga. Laws 1913, page 633), and as amended by an Act approved February 2, 1949 (Ga. Laws 1949, page 99), authorizing the City of Camilla to levy an excise tax on the sale of malt beverages; 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 create a new charter for the City of Camilla, and for other purposes, approved August 19, 1907 (Ga. Laws 1907, page 505) as amended by an Act approved August 11, 1913 (Ga. Laws 1913, page

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633) and as amended by an Act approved February 2, 1949 (Ga. Laws 1949, page 99) is hereby amended by adding after the ; and before the word levy in the fifth line of the first paragraph of Section 21, the following: levy and collect an excise tax upon the business of selling malt beverages; so that said Paragraph 1 of Section 21, when so amended, shall read as follows: Sec. 21 amended. (1) To assess and collect an ad valorem tax upon all property, both real and personal, within the limits of said city, not to exceed ten mills per annum, for the purpose of providing revenue for the ordinary expenses of the municipal government; levy and collect an excise tax upon the business of selling malt beverages; levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades exercised within the city as may be deemed just and proper, not to exceed $500.00 for each business or occupation, and by ordinance to classify said business; to fix a license on theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous, malt or intoxicating liquors, on drays and hacks, hotel and boarding-houses, restaurants, fish stands, billiard and other kinds of tables, tenpin and bowling alleys, butcher shops, livery stables, auctioneers and upon all other classes or kinds of business legitimately coming within the police powers of the city. Taxes. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia to convene in January, 1950, a local bill affecting the City of Camilla, the caption of which is as follows: A bill to be entitled an Act to amend an Act entitled An Act to create a new charter for the City of Camilla, and for other purposes, approved August 19, 1907 (Ga. Laws, 1907, page 505) as amended by an Act approved August 11, 1913 (Ga. Laws 1913, page 633) and as amended by an Act approved February 2, 1949 (Ga. Laws 1949, page 99), authorizing the City of Camilla to levy an excise tax on the sale of malt beverages, and for other purposes.

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This 19th day of December, 1949. (s) Frank S. Twitty Representative, Mitchell County, Georgia. Georgia, Mitchell County. I, Clare Culpepper, being first duly sworn, on oath say: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and the official organ of Mitchell County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated December 23rd, and 30th, 1949 and January 6th, 1950. (s) Clare Culpepper Sworn to and subscribed before me this 14 day of January, 1950. (s) Hazel Bullard (Notarial Seal) Notary Public, Georgia, State at Large. My commission expires Feb. 24, 1950. Approved February 7, 1950. MITCHELL COUNTYEXCISE TAX ON MALT BEVERAGES. No. 552 (House Bill No. 736). An Act to amend an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the powers and duties thereof, approved February 20th, 1873, as amended by an Act approved August 13th, 1907, as amended by an Act approved August 18th, 1913, as amended by an Act approved August 16th, 1915, as amended by an Act approved August 18th, 1919, as amended by an Act approved July 19th, 1927, and all other Acts amendatory thereof, authorizing the Board of Commissioners

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of Roads and Revenues of Mitchell County, Georgia, to levy an excise tax on the sale of malt beverages, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That an Act entitled An Act to provide for a County Board of Commissioners for the County of Mitchell and to provide and define the powers and duties thereof approved February 20th, 1873, as amended by an Act approved August 13th, 1907, as amended by an Act approved August 18th, 1913, as amended by an Act approved August 16th, 1915, as amended by an Act approved August 18th, 1919, as amended by an Act approved July 19th, 1927, and all other Acts amendatory thereof, is hereby amended by adding a new section to be known as Section 7 (a), to wit: Acts amended. Section 7. (a). That the Board of Commissioners of Roads and Revenues of Mitchell County are hereby authorized and empowered to levy and collect an excise tax upon the business of selling malt beverages. Excise tax on malt beverages. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. There will be introduced at the next session of the General Assembly of Georgia to convene in January, 1950, a local bill affecting the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, the caption of which is as follows: A bill to be entitled an Act to amend an Act entitled `An Act to provide for a County Board of Commissioners for the County of Mitchell, and to provide and define the powers and duties thereof', approved February 20th, 1873, and all Acts amendatory thereof, authorizing the Board of Commissioners of Roads and Revenues of Mitchell County, Georgia, to levy an excise tax on the sale of malt beverages, and for other purposes. This 27th day of December, 1949. (s) Frank S. Twitty Representative, Mitchell County, Georgia.

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Georgia, Mitchell County. I, Clare Culpepper, being first duly sworn, on oath say: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and the official organ of Mitchell County, Georgia, in which sheriff's advertisments are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated December 29th, 1949 and January 6th and January 13th, 1950. Clare Culpepper Sworn to and subscribed before me this 14th day of January, 1950. Hazel Bullard Notary Public, Georgia, State at Large. My commission expires Feb. 24, 1950. Approved February 8, 1950. CAMILLA CITY COURTAMENDMENTS. No. 553 (House Bill No. 738). An Act to amend an Act approved August 17th, 1905, establishing the City Court of Camilla in and for the County of Mitchell, as found in Georgia Laws of 1905, commencing on page 184, and ending on page 191, and as amended from time to time thereafter, by providing for the uniform rules of practice and procedure for appeal or review, the same having been approved February 1, 1946 (Georgia Laws 1946, pp. 726-761) and for the rules of procedure, pleading and practice in civil actions, the same having been approved Februry 1, 1946 (Georgia Laws 1946, pp. 761-782) to apply to and be operative in the City Court of Camilla; to provide that all vacancies in the office of judge and solicitor of said court shall be filled by appointment by the Governor for the unexpired term; 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, that an Act approved

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August 17, 1905, relating to the establishment of the City Court of Camilla in and for the County of Mitchell (Georgia Laws 1905, pp. 184-191) as amended from time to time thereafter, be further amended as follows: Acts amended. Section 1. That from and after the passage of this Act, the uniform rules of practice and procedure for appeal or review as found in the Acts of 1946, pp. 726-761, the same having been approved February 1, 1946, and the rules of procedure, pleading and practice actions, the same being found in the printed Acts of 1946, pp. 761-782, the same likewise being approved on February 1, 1946, are hereby made to apply to and be operative in the City Court of Camilla. 1946 practice and procedure rules. Section 2. That all vacancies in the office of Judge and Solicitor of said City Court of Camilla shall be filled by appointment by the Governor for the residue of the unexpired term. It not being intended hereby to alter or change the election of such officers by the voters of Mitchell County for full or regular terms. Vacancies. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. In compliance with the Constitution of Georgia, Article 3, Section VII, Paragraph 15, which is codified as Section 2-1915, of the Code of Georgia of 1933, annotated pocket part, we hereby give notice that at the next session of the General Assembly of January, 1950, we will apply for legislation relating to the City Court of Camilla; to provide for the uniform rules of practice and procedure, as recently adopted by the appellate courts and ratified by the Legislature to apply to this court; to provide that all vacancies in the office of Judge and Solicitor of said court shall be filled by appointment by the Governor for the unexpired term. (s) Frank S. Twitty (s) Fred B. Hand Representatives Mitchell County, Georgia

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Georgia, Mitchell County. I, Clare Culpepper, being first duly sworn, on oath say: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and the official organ of Mitchell County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated December 16th, 23rd and 30th, 1949. (s) Clare Culpepper Sworn to and subscribed before me, this 14 day of January, 1950. (s) Hazel Bullard (Notarial Seal) Notary Public, Georgia, State at Large My commission expires Feb. 24, 1950. Approved February 7, 1950. MALT BEVERAGES AND WINEPOSSESSION IN CERTAIN COUNTIES. No. 554 (House Bill No. 747). 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 15,083 and not less than 15,085 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 15,083 and not less than 15,085 according to the Federal census of 1940, to have, control or possess any malt beverage as defined in Section 58-704 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

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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 in which applicable. 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. 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 15,083 and not less than 15,085 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 February 8, 1950.

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CITY COURT OF CLAYTON COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 555 (House Bill No. 751). An Act to amend an Act (Georgia Laws 1927, pages 406-424) approved July 19, 1927, and Acts amendatory thereof entitled an Act to establish the City Court of Jonesboro in and for the County of Clayton; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers; (to define the powers and duties of the judge, solicitor, and other officers thereof, to fix their compensation; to provide for a new trial and writs of error therefrom and to provide for the transfer of certain cases to the said City Court of Jonesboro from the Superior Court of Clayton County; to provide for the terms of said court; to provide for the disposition of the funds of said court; to provide for changing the name of said court from City Court of Jonesboro to City Court of Clayton County, and for other purposes: 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. Be it enacted by the authority aforesaid that Section 3 of said Act be amended by striking the following language from said paragraph twelve hundred ($1200.00) dollars and substituting in lieu thereof the following language eighteen hundred ($1800.00) dollars so that when said section is amended it shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that the Judge of the City Court of Clayton County shall receive a salary of eighteen hundred ($1800.00) dollars per annum, and shall be paid monthly out of the treasury of Clayton County by the officer of said county authorized to pay out the funds of said county. The Judge of said court shall as such receive no other compensation, but may practice law in any court excet the City Court of Clayton County, and may hold any office or offices except those that he is expressly prohibited by law from holding. Judge's salary. Section 2. Be it further enacted by the authority aforesaid

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that Section 6 of said Act be amended by striking the following language one thousand dollars ($1000.00) and substituting in in lieu thereof the following language fifteen hundred ($1500.00), so that said section when so amended shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the salary of the Solicitor of said court shall be fifteen hundred ($1500.00) dollars per annum, and shall be paid monthly out of the treasury of Clayton County, by the officer of said county authorized to pay out the funds of said county. Said Solicitor shall receive for representing the State, in the appellate courts of this State, the same compensation now paid by the State to solicitors-general of the superior courts for like services, said fee to be paid by the State in the same manner that the same are now paid solicitors-general. The Solicitor of the City Court shall, as such receive no other compensation, but may practice law in any court or courts, and may hold any office or offices, except those which he is expressly prohibited by law from holding. Solicitor's cooperation. 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. Georgia, Clayton County. I, W. Lloyd Matthews, do hereby certify that I am the owner and publisher of the Clayton County News and Farmer, the official organ of Clayton County and that the foregoing notice of intention to apply for local legislation was advertised in my paper on the following dates: December 16, 1949, December 23, 1949, December 30, 1949. This the 31st day of December, 1949. (s) W. Lloyd Matthews W. Lloyd Matthews, Owner and Publisher, Clayton County News and Farmer. Notice. The following bill will be introduced at the next Session of the General Assembly to wit: An Act to amend an Act entitled an Act to establish the City

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Court of Jonesboro in for the County of Clayton; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers; to define the powers and duties of the judge, solicitor, and other officers thereof, to fix their compensation; to provide for a new trial and writs of error therefrom and to provide for the transfer of certain cases to the said City Court of Jonesboro from the Superior Court of Clayton County; to provide for the terms of said court; to provide for the disposition of the funds of said court; to provide for changing the name of said court from City Court of Jonesboro to City Court of Clayton County, and for other purposes. Dec. 13, 1949. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved February 8, 1950. CLAYTON COUNTY TAX COMMISSIONERAMENDMENTS. No. 556 (House Bill No. 752). 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); as amended by an Act approved February 1, 1949 (Acts 1949 pp. 41-45); 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; to provide for employment of tax investigator

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by the grand juries and to fix his compensation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the authority aforesaid that said Act be amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3 which shall read as follows: Sec. 3 amended. Section 3. Be it further enacted by the authority aforesaid that the fees and commissions heretofore allowed the Tax Receiver and Tax Collector of Clayton County shall be construed as being county funds and accounted for by him as such, and all commissions, fees, compensation 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 taxes or licenses of any nature whatsoever, including all school taxes, and any other sum collected under color of his office shall be construed to be county funds and accounted for him as such. The commissioner of roads and revenue, or other governing authority of said county is authorized and directed to employ such assistants and help as may be required by said office, the said Tax Commissioner having authority to name his own employees, and if the amount to be paid such employees and the number to be hired cannot be agreed upon by him and the governing authority of said county, then in that event the grand jury then in session, or any succeeding grand jury, shall have the right to make such recommendations as it may deem proper and the same shall be binding upon said Tax Commissioner and county governing authority. Said assistants and clerks shall be paid monthly out of the general funds of said county. Fees and commissions. Assistants. Section 2. Be it enacted by the authority aforesaid that said Act be amended by striking Section 7 of said Act in its entirety and substituting in lieu thereof a new Section 7 which shall read as follows: Sec. 7 amended. Section 7. Be it enacted by the authority aforesaid that the salary of the County Tax Commissioner of and for Clayton

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County, Georgia, be and the same is hereby fixed at the sum of forty-five hundred ($4500.00) dollars per annum payable monthly out of the general funds of said county. This shall be his full and complete compensation and all funds collected by any means under color of his office shall be accounted for by him as county funds. Tax Commissioner's salary. Section 3. Be it further enacted by the authority aforesaid that a new section be added to be known as Section 7-B which shall read as follows: Sec. 7-B added. Section 7-B. Be it enacted by the authority aforesaid that at least 180 days before the beginning of a new term of office for the Tax Commissioner, the judge of the superior court of said county shall charge the grand jury then in session that it is their duty to investigate the salaries paid said officer, and it shall be lawful for them to recommend a different salary not to exceed the sum of $6000.00 per annum and not less than $4000.00 per annum for said office, and upon such recommendation being made it shall be the duty of the Commissioner of Roads and Revenues, or other governing authority to fix such salary for said Tax Commissioner, as recommended by the grand jury, which shall be in lieu of the salary named in this Act. Grand Jury may recommend salary. Section 4. Be it further enacted by the authority aforesaid that if any sentence, section or part of section shall be held to be unconstitutional, the remaining portions shall be of force and effect. If part invalid. Section 5. 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. Georgia, Clayton County. I, Lloyd Matthews, do hereby certify that I am the owner and publisher of the Clayton County News and Farmer, the official organ of Clayton County and the foregoing notice of intention to apply for local legislation was advertised in my paper on the following dates: December 16, 1949, December 23, 1949, December 30, 1949 as provided by law.

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This 30th day of December 1949. (s) W. Lloyd Matthews, Owner and Publisher, Clayton County News and Farmer. Notice. The following bill will be introduced at the next session of the General Assembly to wit: 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); as amended by an Act approved February 1, 1949 (Acts 1949 pp. 41-45); 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; to provide for employment of tax investigator by the grand juries and to fix his compensation; and for other purposes. Dec. 13, 1949. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved February 8, 1950. CLAYTON COUNTY ORDINARYCOMPENSATION. No. 557 (House Bill No. 753). An Act to change the fee system to the salary system in the County of Clayton, the ordinary of said county; to make provisions to carry out such change; to regulate the collection and disposition of costs; to provide for deputies and

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clerks for such office; to provide for the payment of salaries for such officers, deputies and clerks; to provide for the necessary office expense of such officers; 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. Be it enacted by the authority aforesaid, that the salary herein named for the ordinary shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall, except as herein otherwise provided be construed to be county funds and accountable for as such. The salary of said ordinary shall be $4500.00 per year, payable monthly by the commissioner of roads and revenues out of the general funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named. Salary. Section 2. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties and all other perquisites now allowed by law or hereinafter allowed by law to be collected by said officers, shall be received and collected by said ordinary for the sole use of the county, and shall be held and accounted for as public monies belonging to said county. Such officer shall on or before the 10th day of each month submit a detailed report of the sums so collected and pay the same over to the commissioner of roads and revenues for said county. The procedure now in force as to collection of costs and distribution of the same shall remain in force as now provided by law, but as herein provided all such sums shall be collected for the use of the county. Fees, costs, etc. Section 3. Be it further enacted by the authority aforesaid, that said officer may employ deputies and clerks for said office, but that none of such deputies or clerks shall be paid out of county funds, unless the same is recommended by a grand jury, and then only for such time and compensation as said grand jury may recommend. If such additional help is so recommended, it shall be the duty of the commissioner of roads and revenue to so fix their compensation and pay the same monthly out of the general funds of the county. Deputies and clerks.

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Section 4. Be it enacted by the authority aforesaid that at least 180 days before the beginning of a new term of office for said ordinary, the judge of the superior court of said county shall charge the grand jury then in session that it is their duty to investigate the salaries paid the various officers named in this Act, and it shall be lawful for them to recommend a different salary, not to exceed the sum of $6000.00 per annum, and not less than $4000.00 per annum, and upon such recommendation being made it shall be the duty of the commissioner of roads and revenues, or other governing authority to fix such salary for such officer as recommended by said grand jury, which shall be in lieu of the salary named in Section 1 of this Act. Grand Jury may recommend salary. Section 5. Be it further enacted by the authority aforesaid that all fees, costs, etc. which are due said officer prior to the approval of the Act and which are collected after the approval of this Act shall be collected as herein provided, but shall be remitted to such officer upon his presenting his bill therefor. This section shall apply only to such costs as are actually earned at the time of the approval of this Act, and any services rendered after its approval shall be accounted for as county money. Fees and costs now due. Section 6. Be it further enacted by the authority aforesaid that if any sentence, section or part of section shall be held unconstitutional, the remaining portions shall remain of full force and effect. If part invalid. Section 7. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith are expressly repealed. Georgia, Clayton County. I, Lloyd Matthews, do hereby certify that I am the owner and publisher of the Clayton County News and Farmer, the official organ of Clayton County and the foregoing notice of intention to apply for local legislation was advertised in my paper on the following dates: December 16, 1949, December 23, 1949, December 30, 1949 as provided by law.

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This the 30th day of December, 1949. (s) W. Lloyd Matthews W. Lloyd Matthews, Owner and Publisher, Clayton County News and Farmer. Notice. The following bill will be introduced at the next Session of the General Assembly to wit: An Act to change the fee system to the salary system in the County of Clayton, the ordinary of said county; to make provisions to carry out such change; to regulate the collection and disposition of costs; to provide for deputies and clerks for such office; to provide for the payment of salaries for such officers, deputies and clerks; to provide for the necessary office expense of such officers; and for other purposes. Dec. 13, 1949. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved February 7, 1950. CLAYTON SUPERIOR COURT CLERK AND SHERIFFCOMPENSATION. No. 558 (House Bill No. 755). An Act to amend (Georgia Laws 1949, Pages 1910-1913) entitled An Act to change the fee system to the salary system in the County of Clayton, the clerk of the superior court, and the sheriff; to make provisions to carry out such change; to regulate the collection and disposition of costs; to provide for deputies and clerks for such offices; to provide for the payment of salaries for such officers; deputies and clerks; to provide for furnishing the sheriff an automobile to carry out the duties of his office, and for the operation, upkeep and repair of the same; to provide

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for the necessary office expense of such officers; 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. Be it enacted by the authority of the aforesaid, that Section 1 of said Act be stricken in its entirety and that a new Section 1 be substituted in lieu thereof which shall read as follows: Section 1. Be it enacted by the authority aforesaid that the salaries for the officers herein named shall be their full and complete salary, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall except as herein otherwise provided be construed to be county funds, and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $5000.00 per year, both salaries being payable monthly by the commissioner of roads and revenues, or other governing authority, of said county out of the general funds of said county. Any funds, except the salary provided collected under the color of their offices shall be construed as county funds. Compensation of clerk of Superior Court and Sheriff. Section 2. Be it enacted by the authority aforesaid that a new section be added to said Act to be designated as Section 1-A which shall read as follows: Section 1-A. Be it enacted by the authority aforesaid that at least 180 days before the beginning of a new term office for the officers named in this Act, the judge of the superior court shall charge the grand jury then in session that it is their duty to investigate the salaries paid the various officers named in this Act, and it shall be lawful for them to recommend a different salary not to exceed the sum of $6000.00 per annum and not less than $4000.00 per annum for each office, and upon such recommendation being made it shall be the duty of the commissioner of roads and revenues, or other governing authority to fix the such salaries for such officers as recommended by said grand jury, which shall be in lieu of the salaries named in section 1 of this Act. Grand jury may recommend salaries.

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Section 3. Be it further enacted by the authority aforesaid that if any sentence, section or part of section shall be held to be unconstitutional, the remaining portions shall remain of full force and effect. If part invalid. Section 4. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Clayton County. I, W. Lloyd Matthews, do hereby certify that I am the owner and publisher of the Clayton County News and Farmer, the official organ of Clayton County and that the foregoing notice of intention to apply for local legislation was advertised in my paper on the following dates: December 16, 1949, December 23, 1949, December 30, 1949. This the 30th day of December, 1949. (s) W. Lloyd Matthews W. Lloyd Matthews, Owner and Publisher, Clayton County News and Farmer. Notice. The following bill will be introduced at the next session of the General Assembly to wit: An act to change the fee system to the salary system in the County of Clayton, the clerk of the superior court, and the sheriff; to make provisions to carry out such change; to regulate the collection and disposition of costs; to provide for deputies and clerks for such office; to provide for the payment of salaries for such officers; deputies and clerks; to provide for furnishing the sheriff an automobile to carry out the duties of his office, and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers; and for other purposes. Dec. 13, 1949. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved February 7, 1950.

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CARTERSVILLEELECTION OF MAYOR AND ALDERMEN. No. 562 (House Bill No. 778). An Act to amend an Act granting a new charter to the City of Cartersville in Bartow County, approved February 8, 1937, (Georgia Laws 1937, pages 1532 to 1595, inclusive); to provide for abolishing the primary election as now held for the election of the Mayor and Board of Aldermen of the City of Cartersville and to provide for only one election to be held which shall be a general election and to provide that the person receiving the highest number of votes for either Mayor and one of the places as Alderman shall be duly elected to such office; to provide that the City Clerk of the City of Cartersville shall publish a notice in the newspaper in Bartow County in which the sheriff's advertisements appear at least thirty (30) days before the date on which any election shall be held for the election of a Mayor and Board of Aldermen, giving the date of the election to be held, and the last date on which candidates for the office of Mayor and Board of Aldermen may qualify for election, and to provide that such notice in such newspaper shall be published in a space in the newspaper of not less than two (2) columns by ten (10) inches, said notice to be paid for at the rate of legal advertising and to be paid out of the funds in the treasury of the City of Cartersville; to repeal all Acts in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act granting a new city charter to the City of Cartersville, in Bartow County, Georgia, approved February 8, 1937, (Georgia Laws 1937, pages 1532 to 1595, inclusive), be, and is hereby amended and revised as follows: By striking and repealing Section 22 of said Act, which reads as follows: Section 22. On the second Wednesday of December, 1937 (as now provided by law), and on the second Wednesday in December biennially thereafter, a primary election shall be held by the election managers at the county courthouse in said city, or such other convenient place in the city as the Board of Aldermen may provide, for the nomination of candidates for

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membership on the Board of Aldermen, to be voted for at the regular election. Every person desiring to become a candidate shall file or cause to be filed with the election managers, not later than 10 or earlier than 20 days before the primary election, a statement of his candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he can make the required bond, and that he is offering for election as Mayor from the city at large, or as Alderman from one of the wards of said city, as the case may be, and in the event he is offering for such Alderman he shall specify the ward in which he maintains his residence. He or some other person qualified to vote in the city shall file a certificate of no less than 10 persons qualified to vote and who are property taxpayers in the city, that his candidacy is desired by them and that to the best of their knowledge he is qualified to fill the office to which he seeks election in its entirety, and enacting in lieu thereof a new section to be known and numbered Section 22 which shall read as follows: Sec. 22, Act of 1937, stricken. Section 22. On the second Wednesday in December, 1951, and on the second Wednesday in December biennially thereafter, a general election shall be held by the election managers of the City of Cartersville at the county courthouse in said city, or at such other place as may be provided by law, for the election of a Mayor and four members of the Board of Aldermen, one member to be elected from each of the four wards of the said city. Every person desiring to become a candidate for either Mayor or one of the places as Alderman shall file or cause to be filed with the election managers not later than ten days before the election, a statement that he desires to become a candidate for Mayor or one of the places as Alderman, and the further statement that he can make the required bond, and that he is offering as Alderman from one of the wards of said city, stating which ward as the case may be, or if for Mayor, that he is a candidate for Mayor from the city at large, and all such candidates who have qualified shall have their names placed on the ballots by the election managers. New Sec. 22. Candidates, Mayor and Aldermen. By striking and repealing Section 23 of said Act which reads as follows: Section 23. If during the time allowed in Section 22 for the filing of statements and certificates, by those desiring to become candidates, more than two qualified persons comply

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with the requirements of Section 22 as candidates for Mayor, or more than two qualified persons comply with the requirements of Section 22 as candidates for Aldermen from any one or more of the four wards established in said city, the election managers shall hold a primary election as provided in said section, and shall cause the names of all such persons to be printed as candidates upon the ticket to be used in the primary election, and shall cause to be published at least once in a newspaper published in the city the names of candidates who will appear on the ticket at the primary election, or post written notice thereof at some conspicuous place at the city hall and two or more other conspicuous places within the city, at least five days before the day of the election. No person's name who has not complied with Section 22 of this Act shall be placed upon the ticket. Provided, that a failure to publish or post the names of candidates who will appear on the tickets as provided in this section, shall not defeat the election. in its entirety. Sec. 23 stricken. By striking and repealing Section 24 of said Act which reads as follows: Section 24. In the event only one or two persons comply with Section 22 in offering themselves as candidates for Mayor or candidates for Aldermen from each separate ward of said city, and comply with said Section 22 as to filing statements and certificates, no primary election shall be held, but the names of all such persons shall be placed on the ballots as candidates for the Board of Aldermen in the general election and shall be voted for as such, unless any one or more shall expressly withdraw before the election. in its entirety, and enacting and inserting in lieu thereof a new section to be known as Section Number 24 and to read as follows: Sec. 24 stricken. Section 24. At least thirty (30) days before any election shall be held in the City of Cartersville for the election of Mayor and a Board of Aldermen it shall be the duty of the City Clerk of said city to publish a notice in the newspaper in which the sheriff's advertisments of Bartow County shall appear, giving date on which the election shall be held; and also giving the date of the last day on which any candidate for such office shall be permitted to qualify in order to become a candidate for any such office; such notice to be published in a space in said newspaper of not less than two (2) columns by ten (10) inches and to be paid for at the legal rate of advertising, from the funds in the

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city treasury of the City of Cartersville. Any election for such officers which shall be held without publishing the notice provided for in this section shall be absolutely void and no person claiming to be elected in any such election shall be qualified or permitted to hold the office for which he claims to have been elected. New Sec. 24. Notice of election. By striking and repealing Section 25 of said Act, which reads as follows: Section 25. The two persons offering for Mayor from the city at large and two persons from each ward in said City of Cartersville offering for Aldermen from each of said established wards, receiving the highest number of votes at the primary election held under the provisions of Section 22 shall be declared the nominees to be voted for at the general election, and the names of the 10, or less than 10, in the event that not more than one person shall offer for the office of Mayor, or the office of one or more of the offices of Aldermen from any specified ward, shall be placed on the ballots as candidates for the Board of Aldermen at the general election, unless any one or more shall expressly withdraw before the election. Provided, that in case of a tie, in order to obtain the necessary number of candidates for the general election, it becomes necessary to take one or two more persons having the same number of votes, then the names of all of the aforesaid persons having the name number of votes for Mayor, or having the same number of votes for Alderman from any aforesaid specified ward, shall be printed on the official ballot as candidates for the general election, together with the names of all persons receiving a higher number of votes, even though it makes the number of candidates more than 10, or more than two for mayor, or two from each separate ward. in its entirety, and enacting in lieu thereof a new section to be known as Section 25 and to read as follows: Sec. 25 stricken. Section 25. The person receiving the highest number of votes for the office of Mayor for the city at large shall be duly elected to such office; and the person from each ward offering himself as a candidate as Alderman from such ward receiving the highest number of votes shall be duly elected as Alderman from such ward; provided that all of the qualified voters of said city shall be eligible to vote for all of the Aldermen irrespective of the ward from which he may be a candidate. New Sec. 25. Election results. Be it enacted by the authority aforesaid that this Act shall

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be effective when the same is approved by the Governor, but shall not affect any city officer now holding office, which officer has been duly elected at an election held before the passage of this Act. Effective date. Be it further enacted by the authority aforesaid that all Acts now in conflict with this Act, be, and the same are hereby repealed. Be it further enacted by the authority aforesaid that all laws and constitutional provisions with respect to advertising and publication of notice of intention to apply for local legislation have been complied with as to this Act and advertisement and publication was duly made of the same as required by law. Notice. Georgia, Bartow County: Notice is hereby given that legislation will be introduced at the next session of the General Assembly of Georgia as follows: An act to amend the charter of the City of Cartersville approved February 8, 1937, to provide that the City Clerk shall publish a notice in a newspaper at least thirty (30) days before the date on which any election shall be held for the election of city officers for the City of Cartersville, giving the date of the election to be held in such city, and also a notice to be published thirty (30) days before the qualification date on which any candidate shall have to qualify for election, calling attention to the last date on which candidates for Mayor and the Board of Aldermen may qualify in order to become candidates in such election. Also an Act to amend said charter to provide that only one election shall be held for the election of the Mayor and Board of Aldermen instead of the primary election and general election as now provided by said charter, and to provide that the person receiving the highest number of votes for either Mayor or one of the places as Alderman, shall be duly elected to such office. Georgia, Bartow County: Personally appeared before the undersigned officer, who is duly qualified to administer oaths in this State, J. L. Davis, who after being duly sworn, deposes and says on oath that he is one

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of the duly elected representatives in the General Assembly from Bartow County, and that the above and foregoing copy is a true and correct copy of a notice published in the Bartow Herald, the newspaper in which the sheriff's advertisements for Bartow County are published, and that said notice has been published once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction into the General Assembly of Georgia of the above and foregoing bill, and affiant further says that he is the author of said bill. (s) J. L. Davis Affiant Sworn to and subscribed before me, this 14 day of January, 1950. (s) Ann Nelson N. P. Bartow County, Georgia. Georgia, Bartow County: Personally appeared before the undersigned officer who is duly qualified to administer oaths in this State, George H. Boswell, who after being duly sworn, deposes and says on oath that he is the agent of the publisher of the Bartow Herald and that the above and foregoing notice was duly published in the Bartow Herald, the newspaper in which the sheriff's advertisements for Bartow County are published, under dates of November 10, 1949, November 17, 1949, November 24, 1949, December 1, 1949, December 8, 1949, and December 15, 1949. (s) George H. Boswell Affiant Sworn to and subscribed before me, this 14 day of January, 1950. (s) Ann Nelson N. P. Bartow County, Georgia. Be it further enacted by the authority aforesaid that the above and foregoing notice, together with the affidavits pertaining thereto, are hereby attached to and made a part of this Act. Approved February 8, 1950.

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CARTERSVILLETAX ASSESSMENTS. No. 563 (House Bill No. 779). An Act to amend an Act granting a new charter to the City of Cartersville, in Bartow County, approved February 8, 1937 (Georgia laws 1937 pages 1532 to 1595, inclusive); to provide that written notice be given each taxpayer in the City of Cartersville when the Board of Tax Assessors of said city has raised the assessment over and above the assessment for the previous year; to provide the manner of hearing objections and appeals from the findings of the Board of Tax Assessors of the City of Cartersville; to repeal all acts in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act granting a new city charter to the City of Cartersville in Bartow County, Georgia, approved February 8, 1937, (Georgia Laws 1937, pages 1532 to 1595), inclusive, be, and is hereby amended and revised as follows: By amending Section 99 of said new charter by adding at the end thereof a new section to be known as Section 99 A, and to read as follows: Section 99A. Provided that if the assessment by the Board of Tax Assessors shall be raised or increased from the previous year, any taxpayer owning said property, whether he owned the same during the last preceding year or not, shall be given written notice by the Board of Tax Assessors as to such increase or assessment, said notice to state the amount of the last preceding year's assessment, the amount of the increase of the assessment, and the total value of the assessment made for the current year. Any property owner or taxpayer affected by the provisions of this section may within ten (10) days after receiving the notice herein provided for, file his objections to any such assessment and the Board of Tax Assessors shall notify any such taxpayer within ten (10) days after the filing of his objection, that such taxpayer may have a hearing before the Board of Tax Assessors on his assessment, and the Board shall give to such taxpayer a notice stating the time and place of the hearing, and shall give such taxpayer ample opportunity to

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present such evidence as he may deem expedient as to the value of his property. The Board of Tax Assessors shall have authority on such hearing, to either increase or decrease the assessment as made by them. If any such taxpayer shall be dissatisfied with the final assessment as made by said Board, he may within ten (10) days appeal any such assessment to the Mayor and Board of Aldermen, and the hearing before the Mayor and Aldermen shall be de novo, with the right of the Board of Tax Assessors and the taxpayer to furnish such evidence as either side may deem necessary in order to establish the true value of the property affected, and with the right of both sides to have counsel represent them on such appeal. The Mayor and Aldermen shall have the authority to either increase or decrease the assessment as made by the assessors, either in the first instance or on hearing before the assessors; and if any such taxpayer shall be dissatisfied with the findings of the Mayor and Board of Aldermen, he may appeal the same to the Superior Court of Bartow County, provided the total amount of tax on the whole of such assessment shall exceed fifty (50.00) dollars, the issue as to the value of said property and the taxable value thereof, including the reasonableness or unreasonableness of the assessment thereon to be tried by a jury, as other jury trials are now held; if such an appeal be made, the same shall be in writing and shall be filed with the Clerk of the Superior Court of Bartow County within ten (10) days from the decision of the Mayor and the Board of Aldermen on any such assessment, and the cause shall stand for trial at the next term of said court. The right of appeal to a jury in said court shall be had under the provisions of this section as a matter of law, and all provisions contained in the charter of the City of Cartersville, approved February 8, 1937, with respect to certiorari as to the decisions of the Mayor and Board of Aldermen are hereby expressly repealed with respect to the provisons for appeal under this section, so that the provisions respecting certiorari shall not apply to the appeals permitted under this section. The finding of a jury on any such appeal shall be final, except that any such taxpayer or the Board of Tax Assessors, as the case may be, shall have the right to appeal to the Court of Appeals or the Supreme Court of Georgia as is now provided by law in other cases in the Superior Court of Bartow County. Notice of increase in assessment. Hearing. Appeal to Mayor and Alderman. Appeal to Superior Court. Be it further enacted by the authority aforesaid that this

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Act shall be effective when the same is approved by the Governor. Be it further enacted by the authority aforesaid that all Acts and parts of Acts now in conflict with this Act, be, and the same are hereby repealed. Be it further enacted by the authority aforesaid that all laws and constitutional provisions with respect to advertisment and publication of intention to apply for local legisaltion have been complied with as to this Act, and advertisement was duly made and published of the same as required by law. Georgia, Bartow County. Notice is hereby given that legislation will be introduced at the next session of the General Assembly of Georgia as follows: An Act to amend the charter of the City of Cartersville, approved February 8, 1937 to change the mode and manner of electing the Board of Aldermen of said City and to provide for their election to fill staggered terms. Also an Act to amend said charter to provide for compensation for the Mayor and Board of Aldermen for the City of Cartersville. Also an Act to amend said charter by amending Section 99 of said charter so as to provide that written notice be given each taxpayer in said city when the Board of Tax Assessors has raised the assessment over and above the previous year, to provide the manner of hearing objections and appeals from the findings of the Board of Tax Assessors. Georgia, Bartow County: Personally appeared before the undersigned officer, who is duly qualified to administer oaths in this State, J. L. Davis, who after being duly sworn, deposes and says on oath that he is one of the duly elected representatives in the General Assembly from Bartow County, and that the above and foregoing copy is a true and correct copy of a notice published in the Bartow Herald, the newspaper in which the sheriff's advertisements for Bartow County are published, and that said notice has been published once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction into the

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General Assembly of Georgia of the above and foregoing bill, and affiant further says that he is the author of said bill. (s) J. L. Davis Affiant Sworn to and subscribed before me, this 14th day of January, 1950. (s) Ann Nelson N. P. Bartow County, Georgia Georgia, Bartow County: Personally appeared before the undersigned officer who is duly qualified to administer oaths in this State, George H. Boswell, who after being duly sworn, deposes and says on oath that he is the agent of the publisher of the Bartow Herald and that the above and foregoing notice was duly published in the Bartow Herald, the newspaper in which the sheriff's advertisements for Bartow County are published, under dates of November 10, 1949, November 17, 1949, November 24, 1949, December 1, 1949, December 8, 1949, and December 15, 1949. (s) George H. Boswell Affiant Sworn to and subscribed before me, this 14th day of January, 1950. (s) Ann Nelson N. P. Bartow County, Georgia Be it further enacted by the authority aforesaid that the above and foregoing notice, together with the affidavits pertaining thereto, are hereby attached to and made a part of this Act. Approved February 8, 1950. NEWNAN CITY COURTAMENDMENTS. No. 564 (House Bill No. 785). An Act to amend an Act to establish a City Court of Newnan, to define its jurisdiction and powers, to provide for the appointment of the judge and other officers thereof, to define their powers and duties and for other purposes, approved

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October 5, 1887 (Georgia Laws 1887, page 692), and as amended by an Act approved November 7, 1889 (Georgia Laws 1889, page 1164), and amended by Act approved August 22, 1907 (Georgia Laws 1907, page 214), and as amended by Act approved August 14, 1908 (Georgia Laws 1908, page 201), and by Act approved August 16, 1916 (Georgia Laws 1916, page 285), and as amended by Act approved July 18, 1925 (Georgia Laws 1925, page 476), by striking as amended Section IV and Section XIV of said Act; to establish the rules of procedure of said court by providing that the rules of procedure in said court shall be the same as now fixed by law for the superior courts, or as may hereinafter be provided for by law, and to fix the salary of the judge of said court at thirty-six hundred dollars per annum, to fix the time of payment and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act approved October 5, 1887 (Georgia Laws 1887, page 692), and as amended by an Act approved November 7, 1889 (Georgia Laws 1889, page 1164), and amended by Act approved August 22, 1907 (Georgia Laws 1907, page 214), and as amended by Act approved August 14, 1908 (Georgia Laws 1908, page 201), and by Act approved August 16, 1916 (Georgia Laws 1916, page 285), and as amended by Act approved July 18, 1925 (Georgia Laws 1925, page 476) be and the same is hereby amended by striking from said Act as amended Section IV as amended and substituting in lieu of said striken section a a new section to be known as Section IV, which shall read as follows: Acts amended. The Judge of said City Court of Newnan shall receive a salary of thirty-six hundred dollars per annum to be paid monthly out of the treasury of Coweta County upon the order of the Board of Commissioners of Roads and Revenue of said county; said judge shall receive no fees or perquisites. Judge's salary. Section 2. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the Act approved October 5, 1887 (Georgia Laws 1887, page 692), and as amended by an Act approved November 7, 1889 (Georgia Laws 1889, page 1164), and amended by Act approved August 22, 1907 (Georgia Laws 1907, page 214), and

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as amended by Act approved August 14, 1908 (Georgia Laws 1908, page 201), and by Act approved August 16, 1916 (Georgia Laws 1916, page 285), and as amended by Act approved July 18, 1925 (Georgia Laws 1925, page 476) be and the same is hereby amended by striking from said Act as amended Section XIV as amended and substituting in lieu of said stricken section a new section to be known as Section XIV which shall read as follows: Acts amended. Be it further enacted, that in said city court the same rules of procedure, service, pleadings and practice shall govern as now or hereinafter may be fixed by law for the superior courts of this State, except as otherwise provided in this Act, and whenever, and in all cases, where the rules of the superior courts cannot be made applicable on account of the difference in the constitution of said courts, then the city judge may make and promulgate rules to cover said cases, publication of the same to be paid for by the county. Practice and procedure. Section 3. Be it further enacted that the publisher's certificates as to the publication of the notices of intention to apply for this legislation in compliance with Article 3, Section 7, Paragraph 15 of the Constitution of Georgia, hereto attached is made a part of this Act. Section 4. 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. Georgia, Coweta County. Personally appeared before me, a notary public, the undersigned, E. W. Thomasson, who on oath says that he is the owner and publisher of the Newnan Times-Herald, a newspaper published in the County of Coweta, Georgia, in which sheriff's and ordinary's notices are published, and being the official organ of said County for the year 1949, and that citation attached below marked exhibit A was published in said Newnan Times-Herald on November 24, 1949, December 1, 1949, December 8, 1949, and that citation attached below marked Exhibit B was published in said Newnan Times-Herald on December 22, 1949, December 29, 1949, and January 5, 1950.

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This 14th day of January, 1950. (s) E. W. Thomasson Owner-Publisher Newnan Times-Herald. Sworn to and subscribed before me, this the 14th day of January, 1950. (s) Jean Holland Notary Public Coweta County, Georgia Notice is hereby given that a bill will be introduced at the coming January 1950 session of the General Assembly of Georgia to amend the Act creating the City Court of Newnan and amendments thereto providing that the same rules of court as now or may hereafter be in force for the Superior Court of Coweta County shall be applicable to the City Court of Newnan. Clifford Cranford, Representative, Coweta County. Exhibit A. 11-24, 12-1-8. Notice is hereby given that a bill will be introduced at the coming January 1950 session of the General Assembly of Georgia to amend the Act creating the City Court of Newnan and amendments thereto fixing the salary of the judge of the City Court of Newnan. Clifford Cranford, Representative, Coweta County. Exhibit B. No. 11412-22-29-1-5. Approved February 8, 1950. FORSYTHSTREET CLOSING AND LAND CONVEYANCE AUTHORIZED. No. 565 (House Bill No. 789). An Act amending the charter of the City of Forsyth; providing power in said city to close that portion of College Street in the City of Forsyth from Railroad Street through the campus of Bessie Tift College to the intersection of the new street running into College Street from the freight depot in the City of Forsyth; providing that the portion of College Street which

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will be abandoned for street purposes may be sold and conveyed in fee simple, by the Mayor and Aldermen of the City of Forsyth to abutting property owners; the considerations to the city for said conveyances to be either monetary or by exchange of properties by the city and the grantees; 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 the charter of the City of Forsyth be, and it is hereby amended so that said city is hereby empowered to close that portion of College Street in the City of Forsyth from Railroad Street through the campus of Bessie Tift College to the intersection of the new street running into College Street from the freight depot in the City of Forsyth. Closing of portion of College street authorized. Section 2. That the city of Forsyth is hereby empowered to sell and convey to the owners of abutting property that portion of College Street described in Section One hereby. Conveyances by said city, pursuant to the provisions hereof shall vest in the respective grantees full fee-simple title unencumbered by any rights of the public for use, for public street purposes, the property conveyed. The consideration flowing to the city for any conveyance by the city, pursuant hereto, shall be either monetary or by exchange of properties between the city and the respective grantees. Conveyance authorized. Section 3. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Section 4. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Certificate of Publication of Notice of Local Legislation. Notice of Local Legislation. City of Forsyth, Georgia. Notice is hereby given that application will be made at the

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session of the General Assembly of Georgia which convenes in January, 1950, for the passage of a bill entitled as follows: An Act amending the charter of the City of Forsyth; providing power in said city to close that portion of College Street in the City of Forsyth from Railroad Street through the campus of Bessie Tift College to the intersection of the new street running into College Street from the freight depot in the City of Forsyth; providing that the portion of College Street which will be abandoned for street purposes may be sold and conveyed in fee simple, by the Mayor and Aldermen of the City of Forsyth to abutting property owners; the consideration to the city for said conveyances to be either monetary or by exchange of properties by the city and the grantees; and for other purposes. This the 2nd day of December, 1949. L. M. Wright, Mayor City of Forsyth, Ga. Georgia, Monroe County. Personally appeared before the undersigned, a notary public in and for said State and county, Kenneth Pryse, who on oath certifies and says that he is the publisher of The Monroe Advertiser, the newspaper published in the City of Forsyth, said State and county, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit: on December 8, 1949; December 15, 1949, and December 22, 1949. Kenneth Pryse Sworn to and subscribed to before me, this the 31 day of December, 1949. Paul Wilson Notary Public, Georgia, Monroe County. Approved February 7, 1950.

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WARNER ROBINSOFFICIALS. No. 566 (House Bill No. 790). An Act to amend an Act of General Assembly of the State of Georgia approved March 5, 1943, entitled An Act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; to provide a charter for and to declare the rights, powers, and privileges of said municipality, and its officers; and for other purposes, as set forth in Georgia Laws of 1943, pp. 1624-1639, which Act created the charter for said municipality; to provide for six Aldermen; to provide for the election of such Aldermen; to provide for elections in case of vacancies in the offices of Mayor or Aldermen; to provide for meetings of the governing authority and the enactment of ordinances; to provide for the qualification of voters in such municipal elections; to provide for the election of a Recorder; to provide for the recall of the Mayor or Aldermen; to provide for the removal, or suspension, of the Mayor, or Aldermen, or the Recorder; to provide for fixing the salaries of the officers of the municipality; to provide for punishment of officials guilty of misconduct in offices; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, Section 3 of the Act of the General Assembly of Georgia, approved March 4, 1943, and as said section is set forth on page 1625 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said Section 3 and inserting in lieu thereof, the following: Sec. 3, Act of 1943, amended. Section 3. The governing authority of said corporation shall consist of a mayor and six Aldermen, whose salaries shall be fixed by the governing authority at a maximum of fifty dollars per annum for the Mayor, and twenty-five dollars per annum for each Alderman. New Sec. 3. The salaries of the Mayor and the Aldermen of Warner Robins, Georgia, shall be fixed by the governing authority at not less than fifty ($50.00) dollars per month and not more than

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one hundred ($100.00) dollars per month for the Mayor, and at not less than fifty ($50.00) dollars per annum and not more than one hundred ($100.00) dollars per annum for each of the Aldermen, effective with the next terms of office commencing after the next general election in the municipality which shall be held in the year 1952. Mayor and Alderman. Salaries. The four Aldermen in office at the time of the passage of this Act shall be entitled to retain their places on said council unless their offices should become vacant by reasons as otherwise set forth in the charter as amended and the two additional Aldermen provided by this Act shall be elected at a special election called by the governing authority of the municipality as provided in Section 10 of this amendment. Terms. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the third paragraph of Section 10 of the Act of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1630 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said the third paragraph of Section 10 and inserting in lieu thereof, the following: The Mayor and at least four Councilmen, shall constitute a quorum for the transaction of any business before the governing authority and the majority of the votes cast shall determine all questions before the governing authority. The Mayor, or Mayor Pro Tem., if he is presiding, shall be entitled to vote only in case of a tie. Quorum. Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the first paragraph of Section 6 of the Act of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1627 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of

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said the first paragraph of Section 6 and insterting in lieu thereof, the following: Sec. 6, amended. In the event of any vacancy in the office of Mayor or Councilman, by death, resignation, or for any other cause, which vacancy shall occur not less than 6 months before the next general election to be held in the City of Warner Robins, such vacancy, or vacancies, shall be filled by an election by the qualified voters of the municipality called for that purpose by the remaining officers, and held within sixty (60) days after such vacancy occurs, and in such cases the Mayor, or councilman, as the case may be, who are elected shall take office immediately. Vacancies. If such vacancy occurs less than six months before the general election held in the City of Warner Robins, then such vacancy shall be filled by appointment made by the Mayor and Aldermen then in office for said City of Warner Robins, for the unexpired term. Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the second paragraph of Section 6 of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1627 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said the second paragraph of Section 6 and inserting in lieu thereof, the following: Sec. 6, amended. Said Mayor and Councilmen shall hold regular and open meetings on the first Monday of each calendar month. Special or called meetings may be held at other times. All meetings provided for herein shall be held at the city hall in said municipality, and at each of such meeting the City Clerk shall, during the course of such meetings, write down an accurate and complete record or minutes of such meetings and preserve them for reading at the next regular meeting of council, which minutes shall be fully read at the next regular meeting of council. No ordinance shall be passed by the council unless a majority of all members of council vote favorably therefor, nor shall any ordinance be enacted unless it shall have been read in full at two

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regular meetings of council, and advertised at least one time, between the first and second readings, in one newspaper having a general circulation in Houston County, Georgia. Meetings. Ordinances. 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 from and after the passage and approval of this Act, paragraph (a) of Section 8 of the Act of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1627 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said paragraph (a) of Section 8 and inserting in lieu thereof, the following: Sec. 8 amended. (a) Such person shall be at least eighteen (18) years of age. Section 6. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the second paragraph of Section 20 of the Act of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1636 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said the second paragraph of Section 20 and inserting in lieu thereof, the following: Sec. 20 amended. The governing authority shall elect a Recorder who shall be the presiding officer of the court. The first such election shall be held within sixty (60) days after the governing authority consists of a Mayor and six (6) Aldermen as provided for in Section One of this Act. In the absence or disability of the Recorder, the Mayor, or Mayor Pro Tem, if he is acting as Mayor, shall act as such Recorder. In event a vacancy occurs in the office of Recorder for any cause the governing authority shall elect a recorder to fill the vacancy within sixty (60) days after the vacancy occurs. The salary of the Recorder shall be the sum of fifty dollars ($50.00) per month. Recorder. All processes, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued,

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served, and returned as prescribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the Sheriff of Houston County in the alternative, and served and executed by any officer or agent to whom directed. Neither the Mayor nor one of the Aldermen shall be eligible for election to position of Recorder during the term of office to which they were elected as Mayor and Alderman. Section 7. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the third paragraph of Section 20 of the Act of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1636 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said the third paragraph of Section 20 and inserting in lieu thereof, the following: Sec. 20 amended. Said court shall be held on Monday of each week at such time during the day as the Recorder or presiding officer of the court shall determine. Section 8. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the first paragraph of Section 21 of the Act of the General Assembly of Georgia, approved March 5, 1943, and as said section is set forth on page 1638 of the published Acts of the General Assembly for 1943, and as the same may have been amended, be and the same is hereby amended by striking all of said the first paragraph of Section 21 and inserting in lieu thereof, the following: Sec. 21 amended. The Mayor and each member of the council shall be qualified to serve the municipality in any office or position or agency or employment, except that they shall not serve in the positions of one another as members of the governing authority, save that one of the Councilmen may serve as Mayor Pro Tem. The Councilmen at their first regular meeting after the approval of

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this Act, and at their first regular meeting in each year thereafter, shall elect a member of their body Mayor Pro Tem., for that year; that during sickness, absence or disqualification of the Mayor for any cause, the Mayor Pro Tem. shall act as Mayor with all the duties and responsibilities of the Mayor, or shall act until a Mayor is elected in event of a vacancy in the office of Mayor; or in sickness, absence or disqualification of the Mayor Pro Tem., any one of the Councilmen chosen by the city council shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of Mayor for the time being. In event of a tie in the election of a Mayor Pro Tem., the Mayor shall vote as in case of a tie in other matters. Mayor Pro Tem. Section 9. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, that Act of the General Assembly of 1943 known as An Act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; to provide a charter for and to declare the rights, powers, and privileges of said municipality, and of its officers; and for other purposes, reported in the Acts of 1943, pages 1624 to 1639 both inclusive be amended by adding thereto the following sections to be numbered as set out below: Sections added. Section 25. The said Mayor or Aldermen, or Recorder shall not exercise the duties or functions of his office or perform any act therein after conviction upon an indictment or general presentment of a grand jury returned against him for malpractice in office, or with using oppression or tyrannical partiality, or with wilfully refusing to carry on his duties as such officer. Disqualification of officers. Section. 26. Any officer or member of the governing body of the municipality of Warner Robins, Georgia, who is elected by vote of the people shall be subject to removal during their respective terms of office in the following manner: Removal. (a) Whenever eighteen per cent (18%) of the voters eligible to participation in the last preceding general election in the City of Warner Robins, 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

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from the date of filing of such petition on the subject 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) days 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 officers and office inserted in the blanks: Recall election. 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 a majority of those voting in such recall elections 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 such majority vote against recall, the official 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. Section 10. The two additional Aldermen of said municipality provided for in Section One of this Act, shall be elected by a majority vote of the qualified voters of the said municipality at a special election to be called by the governing authority of said municipality, to be held within sixty (60) days after the enactment and approval of this Act, and when so elected, they shall take office immediately. Election of additional Aldermen.

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Section 11. Be it further enacted that all laws or parts of laws in conflict with this Act, be, and the same are hereby repealed. Notice of Intention to Submit Local Legislation. To whom it may concern: Take notice that a local bill will be introducted into the General Assembly of the State of Georgia at the 1950 session thereof, entitled: An Act to amend an Act of the General Assembly of the State of Georgia approved March 5, 1943, entitled An Act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; to provide a charter for and to declare the rights, powers, and privileges of said municipality, and of its officers; and for other purposes, as set forth in Georgia Laws of 1943, pp. 1624-1639 which Act created the charter for said municipality; to provide for six Aldermen; to provide for the election of such Aldermen; to provide for elections in case of vacancies in the offices of Mayor or Aldermen; to provide for meetings of the governing authority and the enactment of ordinances; to provide for the qualification of voters in such municipal elections; to provide for the election of Recorder; to provide for the recall of Mayor or Aldermen; to provide for the removal, or suspension, of the Mayor, or Aldermen or the Recorder; to provide for fixing the salaries of the officers of the municipality; to provide for punishment of officials guilty of misconduct in offices; and for other purposes. H. A. Aultman Representative Houston County, Georgia. Georgia, Houston County. I, C. C. Etheridge, before the undersigned officer duly authorized by law to administer oaths, depose and on oath say that I am the editor and publisher of the Houston Home Journal, the official organ of Houston County, Georgia, and that the above and foregoing notice of intention to apply for the passage of a local or special bill was published in said Houston Home Journal once each week for three weeks, the same being on the following dates: December 29th, 1949, January 5, 1950, and January 12, 1950. This 12 day of January, 1950. (s) C. C. Etheridge.

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Sworn to and subscribed before me this 12th day of January, 1950. (s) Eleanor A. Aultman (Notarial Seal) Notary Public, Houston County, Georgia Approved February 8, 1950. MARIETTATAXATIONPLANNING COMMISSIONCHARTER AMENDMENTS. No. 567 (House Bill No. 748). An Act to amend an Act of the General Assembly of Georgia, approved August 15, 1904 (Ga. Laws or Acts 1904, pages 519-533) entitled an Act to create a new charter for the City of Marietta, in the County of Cobb, and the Acts amendatory thereof, especially that Act amending the charter of the City of Marietta, (Ga. Laws or Acts 1949, pages 238-249) and the Act (Ga. Laws or Acts 1943, pages 1435-1441) providing for the Marietta Planning Commission, to provide for the time and terms for opening city books for return of taxes and licenses, the time and terms for closing such books, and for the issuance of tax executions or tax fi. fas.; to provide for a Board of Appeals and appeals from the Marietta Planning Commission; and for other appeals, 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 as follows: Section 1. That Section 28 of the charter of the City of Marietta, as contained in the Georgia Laws 1904, pages 519-533, pertaining to tax defaulters be amended by striking out the word April and by substituting the word January, so that said Section 28 as amended shall read as follows: Sec. 28, Act of 1904, amended. Section 28. Be it further enacted by the authority aforesaid, that in all cases where any person or persons have property

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subject to taxation within the corporate limits of the city, and shall fail, refuse, or neglect to pay the taxes imposed according to this Act, the clerk of the council shall issue execution for the same, which execution shall be signed by said clerk, and bear teste in the name of the Mayor, and be directed to the Marshal of said city, commanding him to levy on the goods, chattels, lands and tenements of the defendant, or so much thereof as shall be sufficient to satisfy the demand and costs, which execution shall bind all the property of the defendant from the date thereof, and shall bind the property upon which the tax is levied from the first day of January preceding the return, and the costs thereof shall be the same as on the tax collector's executions by the laws of this State, and the said marshal shall proceed to advertise and sell in the same manner as sheriff's sales are conducted. The clerk of council shall keep a tax execution docket on which all tax fi. fas. shall be entered before delivering them to the City Treasurer. Tax fi. fas. Section 2. That the Mayor and Council of the City of Marietta, shall have authority and they are hereby empowered to set, fix and determine by ordinances or resolutions, the date, time, terms, provisions, and conditions for opening the city books for return of taxes and licenses and for the closing of such books and for the issuance of tax executions or tax fi. fas., and for recording same in general execution docket in Clerk's office, Cobb Superior Court. Tax books. Section 3. That the Act (Ga. Laws 1943, pages 1435-1441) creating the Marietta Planning Commission is hereby amended by adding thereto the following provisions: The Mayor and Council of the City of Marietta, shall have authority and are hereby empowered to establish a Board of Appeals for the Marietta Planning Commission, which board shall consist of five members, all of whom shall be residents of the City of Marietta, and shall serve for such term as may be fixed by the said Mayor and Council. The said board shall have a right to select its own chairman and secretary, who shall keep accurate records for said board. All meetings of the board shall be open to the public and the board shall keep minutes of the proceedings showing the decisions and official acts of the said board. Planning Commission, Board of Appeals.

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Any member of City Council may serve on the said board. The Mayor may appointment Councilmen to constitute a like board, provided the Councilmen consent to serve and for such term, or unexpired term as the Mayor may fix, or set. Any appellant hereunder may appeal to the said board as appointed by the Mayor, or to the said board as appointed by the Mayor and Council, provided such appellant expressly indicates his election in such appeal; otherwise, such appeal will and must go to the said board as appointed by the Mayor and Council. Any person or party aggrieved by any order, judgment, or decision of the Marietta Planning Commission, may appeal within four days from date of such adverse order, judgment, or decision of the Marietta Planning Commission to the said Board of Appeals, by filing a written notice of such appeals with grounds thereof with the Chairman of the Marietta Planning Commission, who shall transmit promptly the said notice of appeal, which shall set forth the adverse order, judgment or decision complained of with the grounds of and reasons for the appeal, to the Chairman of the said Board of Appeals. The said Board of Appeals after receiving such appeal shall fix a reasonable time for the hearing of such appeal, and shall give written notice by mail, or otherwise, to the parties of the time and place of such, hearing and shall thereafter decide the issues and render an opinion within a reasonable time after such hearing and within sixty days. Any parties at interest may appear in person or by attorney and the hearing before the said Board of Appeals, shall be a de novo proceeding. The said Board of Appeals with four as a quorum to act shall be authorized and empowered to reverse or affirm wholly or partly or to modify any order, judgment or decision of the Marietta Planning Commission as appealed from and to make such order, judgment or decision as in its opinion ought to be made in the premises, provided, however, three members may affirm a decision, but at least four members must concur in a reversal, or modification of a decision. And, in a like way and under similar conditions as herein provided for, or as the Mayor and Council by ordinances, or resolutions may prescribe and provide for, any person, or party aggrieved by any ruling, order, or decision of the Marietta Building Inspector, Civil and Electrical Engineers, Fire Marshal, or any said city agent, agency (except the Mayor's or Recorder's Court) commission, or board, having the duty, right, or authority to administer

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and to enforce the provisions of the Marietta Building Code, Plumber's Code, Electrical Code, Fire Code, or city ordinance, or resolutions pertaining to same and to make rulings and decisions concerning same, may appeal any adverse ruling or decision to the said Board of Appeals, provided no means of appeal is otherwise provided. Any person or party receiving an adverse decision or judgment from the said Board of Appeals may take an appeal therefrom to the Superior Court of Cobb County, Georgia, within four days from the date of the said final, adverse decision or judgment of the said board and such party shall be entitled to a jury trial in a de novo proceeding thereof. Any and all applicable provisions of and for appeals from justice's court to superior court, as embodied in the 1933 Georgia Civil Code, as amended, shall apply to such appeals herein. And the Mayor and Council are authorized to prescribe and provide by ordinances for rules, terms, provisions, and conditions of practice and procedures for hearings and for appeals in regard to provisions of this Act and in said charter as amended and for penalties within limits of said charter as amended. Appeals from decisions of Planning Commission. Hearing. Appeals from decisions of other agencies. Section 4. The Mayor and Council of the City of Marietta, in their discretion, are authorized to pay out of general fund the sum of $10.00 to each member of the Marietta Planning Commission and of the said Board of Appeals for each regular meeting actually attended by the members, provided, however, the aggregate sum for any member shall not exceed $200.00 per annum for his services. Compensation, members of Planning Commission and Board of Appeals. Section 5. In the event any word, phrase, clause, provision or section of this Act shall be declared illegal, void or unconstitutional the invalidity, illegality, or unconstitutionality of same shall not vitiate or affect the remaining parts or provisions of this Act, as the same is hereby enacted to provide for separable and divisible clauses and provisions which shall be given liberal construction, force and effect to accomplish the purposes of the Act, regardless of any invalid parts, and this Act is thus enacted. If part invalid. Section 6. It appears that the following notice of intent to apply for passage of local legislation was published as required by Georgia laws and the Constitution, in the Cobb County Times, the organ in which sheriff's advertisements are published:

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City of Marietta, Cobb County, Georgia. Notice of intent to apply for passage of a local bill, amending charter of City of Marietta; and for other purposes. Notice is hereby given that application will be made at the January, 1950, session of the Georgia General Assembly, for the passage of a bill to amend the charter of the City of Marietta, Georgia, being An Act to amend an Act of the General Assembly of Georgia, approved August 15, 1904 (Ga. Laws or Acts 1904, pages 519-533) entitled an Act to create a new charter for the City of Marietta, in the County of Cobb, and the Acts amendatory thereof, especially the Act amending the charter of the City of Marietta, (Ga. Laws or Acts 1949, pages 238-249) and the Act (Ga. Laws or Acts 1943, pages 1435-1441) providing for the Marietta Planning Commission to provide for the time and terms for opening the city books for return of taxes and licenses, and time and terms for closing such books and for the issuance of tax executions or tax fi. fas.; to provide for a Board of Appeals and appeals from the Marietta Planning Commission; and for other appeals and for other purposes. City of Marietta. Sam J. Welsch Mayor Section 7. It appears that the publisher..... of the said Cobb County Times has made the following affidavit with regard to the publication of the said notive of intent to apply for local legislation for the City of Marietta. Georgia, Cobb County. Before the undersigned attesting officer personally came Leo Aikman, who after being duly sworn says that he is the publisher of the Cobb County Times and that as such editor he knows that the notice of intent to apply for passage of local legislation for the City of Marietta, as set forth in this Act was published in the Cobb County Times in the December 29, 1949, and January 5, and 12, 1950, issues of the Cobb County Times, which is a newspaper of general circulation, published

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in Marietta, Cobb County, Georgia, and that the said newspaper is the organ in which the sheriff's advertisements are published for the years 1949-1950. Leo Aikman. Sworn to and Subscribed to before me, this January 12, 1950. (Seal) (s) Jenny Lee Medford. Notary Public Cobb County, Georgia Commission expires 5-1-50 Section 8. This Act shall become effective upon the passage of this Act by the General Assembly and upon approval thereof by the government. Effective date. Section 9. All laws and parts of laws in conflict with or contrary to the provisions of this Act be and the same are hereby repealed. Approved February 8, 1950. DAWSONRECREATIONAL PROJECTS. No. 569 (House Bill No. 815). An Act to amend the charter of the City of Dawson, Georgia, approved August 7th, 1909, to authorize the City of Dawson to own residential and other income producing property, club houses, swimming pools, playgrounds, parks and other recreational projects; to operate such properties and projects through a board to consist of five members, to be appointed by the Mayor, when authorized by the City Council; to provide for the terms of office and the qualifications of such members; to authorize the City Council of Dawson to allocate and appropriate the income from the operation of such properties to said board for use in acquiring, building and developing recreational, educational, cultural and health projects; and to provide that the City Council of Dawson may by ordinance

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or resolution define the duties 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 charter of the City of Dawson, Georgia approved August 7th, 1909, be and the same is hereby amended by adding thereto the following: Section 1. The City of Dawson, Georgia, is hereby authorized to hold, own, acquire, build, maintain and operate residential and other non-governmental income producing property, club houses, swimming pools, playgrounds and other recreational projects. Recreational projects. Section 2. The City of Dawson, for the purpose of developing recreational, educational, cultural and health projects, is hereby authorized to operate such properties through a board to consist of five members to be appointed by the Mayor, when authorized by the City Council of said city. The members of said board shall be citizens and residents of the City of Dawson, and shall serve without pay. The terms of office for said members shall be for five years, and until their successors are appointed, except that the members of the board first appointed shall be for such term as will make the term of one member expire annually thereafter. The Mayor in making the first appointment shall designate the expiration date of the term of office of each member thus appointed. Board. Members. Section 3. The City Council of Dawson is hereby authorized and empowered to turn over to said board, when appointed in accordance with Section 2 hereof, such residential or other non-governmental income producing property, including club houses, swimming pools, playgrounds and other recreational projects, which it may now or hereafter own, and to authorize and empower such board to operate said properties under such terms and conditions as the City Council of Dawson may from time to time define, for the purpose of developing, acquiring and maintaining recreational, educational, cultural and health projects. Board to operate. Section 4. The City Council of Dawson is hereby authorized

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to allocate the income from the operation of such properties as may be turned over to said board for use by said board in paying the operating expenses of said property, and for the upkeep, maintenance, repairs and insurance on said property, and any remaining balance of such income for use by said board in building, acquiring and developing recreational, educational, cultural and health projects. Income therefrom. Section 5. The City Council of Dawson is hereby authorized to empower said board to borrow money and pledge the net income from the operation of such properties as may be turned over to the board as security for the payment of any money so borrowed, or to issue revenue certificates to be paid from the income of such property, whenever the board shall determine that it is needful or necessary that money be borrowed for the purpose of building, acquiring or improving any recreational, educational, cultural or health project. Powers of board. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. This Act shall be effective from and after the date of its adoption and approval. Section 7. Notice of the intention to apply for the passage of the foregoing local bill was published in the newspaper in which the sheriff's advertisements for Terrell County are published, namely the Dawson News, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this Act is a copy of said notice certified by the publisher of said paper. Georgia, Terrell County. I, Carl Rountree, publisher of the Dawson News, the newspaper in Terrell County in which the sheriff's advertisements are published, do hereby certify that there was published in the Dawson News on dates of December 15th, 22nd and 29th, 1949 the attached notice of intention to apply for local legislation. This January 13th, 1950. (s) Carl Rountree

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Notice of Local Legislation. There will be introduced at the session of the General Assembly of Georgia, to convene in January, 1950, a local bill affecting the City of Dawson, Georgia, the caption of which is a follows: A bill entitled, an Act to amend the charter of the City of Dawson, Georgia, approved August 7th, 1909, to authorize the City of Dawson, to own residential and other income producing property, club houses, swimming pools, play grounds, parks and other recreational projects; to operate such properties and projects through a board to consist of five members, to be appointed by the Mayor, when authorized by the City Council; to provide for the terms of office and the qualification of such members; to authorize the City Council to allocate and appropriate the income from the operation of such properties to said board for use in acquiring, building and developing recreational, educational, cultural and health projects; and to provide that the City Council of Dawson may by ordinance or resolution define the duties of said board, and for other purposes. City Council of Dawson, Georgia. By R. R. Jones, City Attorney (12-15-3t) Approved February 7, 1950. BUFORDCITY MANAGER. No. 570 (House Bill No. 819). An Act to amend an Act entitled An Act to create a new charter and municipal government for the City of Buford; to provide for a commission form of government, with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith; and for other purposes relating thereto; and for other purposes.

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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 18 of the Act creating a new charter and municipal government for the City of Buford, approved December 24, 1937, as amended by Section 1, of Georgia Laws, 1941, approved March 6, 1941, be, and the same is hereby amended by striking from Section 18 of said Act the following: He shall give his entire time to the city and be paid a salary not exceeding two thousand four hundred ($2,400.00) dollars per annum, so that the section so amended shall read as follows: Sec. 18, Act of 1937, amended. Section 18. Be it further enacted by the authority aforesaid, that it shall be the duty of the Commissioners to employ a City Manager, who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. He shall be a man qualified by training and experience to perform the duties of city engineer and superintendent of public works. He shall give his entire time to the city and be paid a salary not exceeding five thousand ($5,000.00) dollars per annum. Said manager may be a non-resident, or resident and employed from any place where a man with the necessary qualification may be found. The powers and duties of said City Manager shall be: City Manager. Salary. (a) To see that the laws and ordinances are enforced. (b) To appoint, except as herein provided, subject to the approval of a majority of the Commissioners, the heads of all departments of the municipal government, to wit: Secretary of the Commission, City Attorney, City Physician, Recorder, Superintendent of Public Works, Chief of Police, Chief of Fire Department, or head of any other department which may be established. Powers and duties. (c) To remove any of his appointees, or the appointees of the head of any department whose appointment requires his approval, at any time, when he deems such removal necessary or advisable for the public good. (d) To exercise control over all departments created herein or that may hereafter be created by the Commission. (e) To attend all meetings of the Commission with the right to take part in the discussion, but having no vote.

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(f) To recommend to the Commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the Commission fully advised as to the financial condition and needs of the city. (h) To make the Commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution of the Commission. Said City Manager may be removed from office by the affirmative vote of a majority of the Commission after a hearing given to said City Manager. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto is made a part of this bill and reference is made thereto. Georgia, Gwinnett County. Notice is hereby given that the City of Buford intends to apply for passage of local legislation at the next regular 1950 session of the General Assembly of Georgia, to change the salary of the City Manager and to otherwise amend the charter of the City of Buford, the title to such bills or bill to be as follows: An Act to amend an Act entitled An Act to create a new charter and municipal government for the City of Buford; to provide for a commission form of government, with a City Manager, to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith; and for other purposes relating thereto; and for other purposes. This the 1st day of December, 1949. E. E. Robinson Chairman, City Commissioners. Chief P. Garner Commissioner John Q. Drew Commissioner

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Georgia, Gwinnett County. I, P. M. Christian, editor of the News Herald, the newspaper in which the sheriff's advertisements for Gwinnett County, Georgia, are published, do hereby certify under oath, that the attached notice of intention to apply for local legislation concerning the City of Buford, a municipality of said State and county, was published once a week for three weeks in said newspaper upon the 15th, 22nd and 29th days of December, 1949. P. M. Christian Sworn to and subscribed to before me this the 30th day of December, 1949. Odella M. Atkinson N. P. Gwinnett County, Ga. Approved February 8, 1950. PHOTOGRAPHIC RECORDING IN CERTAIN COUNTIES. No. 571 (House Bill No. 827). An Act to authorize the officers of any county of this State having a population of not less than 31,500 and not more than 33,000 according to the 1940 United States census, who have charge of records, including the clerks of the several courts of such county, the ordinary and court of ordinary of such county and other such county officers to install and use photostatic equipment, and, without limitation of generality, including micro equipment, in recording, in copying and furnishing copies of any and all instruments, records and proceedings or parts of the same of record or on file in said office; to provide that such equipment and supplies for same may be provided by the proper county authorities; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

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Section 1. That from, and after passage of this Act the officers of any county of this State having a population of not less than 31,500 and not more than 33,000 according to the 1940 United States census, or any census thereafter, who have charge of records, including the clerks of the several courts of such county, the ordinary and court of ordinary of such county and other such county officers to install and use photostatic equipment, and, without limitation of generality, including micro equipment, in recording, in copying and furnishing copies of any and all instruments, records and proceedings or parts of the same of record or on file in said office; such equipment and supplies for the same may be provided by the proper and respective 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. Photographic recording, etc., in certain counties. Section 2. Be it further enacted by the authority aforesaid that all provisions of existing law relating to the filing, certification and the furnishing of copies of record, including certified copies, and those relating to the amount of fees of officers in connection with same shall, as far as may be consistent with the provisions of this Act, apply to such photostatic, photographic and micro records and copies. Application of existing laws. 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. 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 One of this Act shall continue to be subject to the provisions of this Act notwithstanding and subsequent change in population. Section 5. Be it further enacted by the authority aforesaid that if any portion of this Act be declared invalid, the remainder of this Act and the application of such other portion to other persons and circumstances shall remain unaffected. If part invalid. Section 6. Be it further enacted by the authority aforesaid

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that all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved February 8, 1950. FORT VALLEYBOARD OF WATER LIGHT COMMISSIONERS. No. 574 (House Bill No. 852). An Act to amend the charter of the City of Fort Valley, as amended by an Act of the General Assembly approved August 13, 1909, so as to provide that the Mayor of the City of Fort Valley, and his successors in office, shall, by virtue of his office, be a member of the Board of Water Light Commissioners of the City of Fort Valley. To provide for a referendum election under which this Act must be approved by a majority vote of the qualified voters of the City of Fort Valley, voting at said election. To provide further that said question shall be submitted to the voters of the City of Fort Valley at any election or primary election, for Mayor and Aldermen of said city, after due notice, and at no other time, and that said question may be submitted to the voters of said city as many times as the Mayor and City Council decides. To repeal conflicting laws. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Mayor of the City of Fort Valley, and his successors in office, shall, by virtue of his office, be a member of the Board of Water Light Commissioners of the City of Fort Valley. Mayor member of Board of Water Light Commissioners. Section 2. This Act shall become effective and operative after the question of adding the Mayor of the City of Fort Valley to the membership of the Board of Water Light Commissioners has been advertised in the newspaper published in the City of Fort Valley once a week for four weeks next preceding the election and voted upon and approved by a majority vote of the voters of said city, voting at the election. Referendum.

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Section 3. That said question shall be submitted to the voters of the City of Fort Valley at any election, or primary election, for Mayor and Aldermen of said city, and at no other time, and the said question may be submitted to the voters of said city as many times as the Mayor and City Council decides. Section 4. The notice of intention to apply for the passage of this Act has been published in accordance with the Constitution of this State, and the required certificate of the publisher obtained in accordance with the provisions of the Constitution of this State; and both the notice and the certificate of said publisher are attached hereto and are expressly made a part hereof. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Bill Affecting the City of Fort Valley, Georgia. To whom it may concern: Please take notice that it is my intention to apply for the passage of a local bill affecting the City of Fort Valley, and to introduce same in the General Assembly at the January, 1950, session thereof. A complete copy of said proposed bill is on file in the Clerk's office of the City of Fort Valley where it may be inspected by any persons interested. This notice is given in accordance with the provisions of the Constitution of the State of Georgia relating to local bills, and the caption of the proposed bill is as follows: An Act to amend the charter of the City of Fort Valley, as amended by an Act of the General Assembly approved August 13, 1909, so as to provide that the Mayor of the City of Fort Valley, and his successors in office, shall, by virtue of his office, be a member of the Board of Water Light Commissioners of the City of Fort Valley. To provide for a referendum election under which this Act

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must be approved by a majority vote of the qualified voters of the City of Fort Valley, voting at said election. To provide further that said question shall be submitted to the voters of the City of Fort Valley at any election, or primary election, for Mayor and Aldermen of said city, after due notice, and at no other time, and that said question may be submitted to the voters of said city as many times as the Mayor and City Council decides. To repeal conflicting laws. S. M. Mathews, member of the General Assembly from Peach County, Georgia. Georgia, Peach County. I, Margaret C. Jones, do hereby certify that I am the editor and publisher of the Leader-Tribune, a newspaper published in Fort Valley, Peach County, Georgia and that said newspaper is the official organ of Peach County in which the sheriff's advertisements are published. I further certify that the attached advertisement has been published once a week for three weeks in said Leader-Tribune and that the dates of publication are as follows: Dec. 8-15-22 1949. This the 16 day of Jan., 1950. (s) Margaret C. Jones Editor and Publisher of the Leader-Tribune. Notice of Local Bill Affecting the City of Fort Valley, Georgia. To whom it may concern: Please take notice that it is my intention to apply for the passage of a local bill affecting the City of Fort Valley, and to

Page 2113

introduce same in the General Assembly at the January, 1950, session thereof. A complete copy of said bill is on file in the Clerk's office of the City of Fort Valley where it may be inspected by any persons interested. This notice is given in accordance with the provisions of the Constitution of the State of Georgia relating to local bills, and the caption of the proposed bill is as follows: An Act to amend the charter of the City of Fort Valley, as amended by an Act of the General Assembly approved August 13, 1909, so as to provide that the Mayor of the City of Fort Valley, and his successors in office, shall, by virtue of his office, be a member of the Board of Water Light Commissioners of the City of Fort Valley. To provide for a referendum election under which this Act must be approved by a majority vote of the qualified voters of the City of Fort Valley, voting at said election. To provide further that said question shall be submitted to the voters of the City of Fort Valley at any election, or primary election, for Mayor and Aldermen of said city, after due notice, and at no other time, and that said question may be submitted to the voters of said city as many times as the Mayor and City Council decides. To repeal conflicting laws. S. M. Mathews, Member of the General Assembly from Peach County, Georgia. Approved February 8, 1950. ROMESCHOOL TAX. No. 575 (House Bill No. 889). An Act to amend Section 42 of the Act of 1918 (Georgia Laws 1918, pp. 813-885), creating a new charter for the City of

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Rome as especially amended by an Act of 1929 (Georgia Laws 1929, p. 1254) and an Act of 1945 (Georgia Laws 1945, p. 685); said Section 42 relating to the rate of taxes and the apportionment of the same; by increasing said tax rate and to repeal conflicting laws: Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That Section 42 of the Act of 1918 (Georgia Laws 1918, pp. 813-885) as amended, relating to the tax rate of the City of Rome and the apportionment of the same is hereby amended by striking and repealing all of said Section 42 of said Act as amended and by inserting in lieu thereof the following to be known as Section 42: Sec. 42, Act of 1918. amended. Section 42. Be it further enacted by the authority aforesaid, that for the purpose of raising revenue for the support and maintenance of the government of said City of Rome, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said City Commission shall have full power and authority for the assessment, levy, and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed three per cent of the assessed value of all such property, provided one and three-tenths per cent of the assessed value of all such property shall be used only for the support and maintenance of the public school system of said City of Rome, including buildings, repairing buildings and improving school grounds. And provided further that it shall not be mandatory on the governing authorities to levy the full amount of said school-tax or the full amount of taxes provided for all purposes, but if the full amount of taxation provided for, amounting to three per cent is levied, one and three-tenths per cent shall be for school purposes. Ad valorem tax; rate and apportionment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto.

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Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1950 Special Session. Notice is hereby given that the 1950 special session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of permitting the City of Rome by and through its City Commission to assess, levy and collect ad valorem taxes on all real and personal property owned or held within the corporate limits of said city in an amount not to exceed three per cent of the assessed value of all such property; provided, however, that if the full amount of taxation provided for is levied, one and three-tenths per cent shall be used for school purposes only. The purpose of the above proposed amendment is to permit the City of Rome to levy an additional five (5) mills tax, or any part thereof, for school purposes. The only charter provision to be amended and affected by said proposed legislation is Section 42, Rome Charter Amendments, passed by the General Assembly of Georgia in 1945, approved February 19, 1945 (Acts 1945, p. 685) and any other provision of the charter of the City of Rome pertaining to the assessment, levying, or collection of ad valorem taxes shall remain in full force and effect. City of Rome Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, Dean Covington who on oath states that he is a member of the General Assembly from Floyd County, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News-Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill, are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is

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hereto attached and made a part of said bill; and that said notice was published as provided by law. This 19 day of January, 1950. Dean Covington Sworn to and subscribed before me this 19 day of January, 1950. Frank H. Edwards (Seal) Notary Public, DeKalb County Georgia My commission expires Sept. 9, 1951 Approved February 8, 1950. GRIFFINCLOSING OF PART OF WEST BROADWAY STREET. No. 576 (House Bill No. 891). An Act to authorize and empower the City of Griffin, in Spalding County, to close and vacate West Broadway Street from the point of intersection thereof with North 13th Street easterly to the point of intersection thereof with Mulberry Street and North 10th Streets. Said portion of West Broadway Street to be closed is bounded on the north by property of Thomaston Cotton Mills and on the south by the right of way of the Southern Railway Company, 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 City of Griffin, in Spalding County, be and it is hereby authorized and empowered to close and vacate West Broadway Street from the point of intersection thereof with North 13th Street easterly to the point of intersection thereof with Mulberry and North 10th Streets. Said portion of West Broadway Street to be closed is bounded on the north by property of Thomaston Cotton Mills and on the south by the right of way of the Southern Railway Company. Closing authorized.

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Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. That attached hereto is an affidavit of publication showing intention to apply for this local legislation, and by reference said affidavit is incorporated in this Act. Georgia, Spalding County: Personally appeared before the undersigned, an officer duly authorized under the laws of the State of Georgia to administer oaths, Carey Reeves, who on oath states that he is the General Manager of the Griffin News, in Griffin, Spalding County; that the said Griffin News is the official organ in which legal advertisements of Spalding County are published; that the notice hereinafter set out was published in said newspaper on December 31, 1949, on January 3, 1950, and on January 9, 1950: Notice of Proposed Special or Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following local bill: An Act to authorize and empower the City of Griffin, in Spalding County, to close and vacate West Broadway Street from the point of intersection thereof with North 13th Street easterly to the point of intersection thereof with Mulbery and North 10th Streets. Said portion of West Broadway Street to be closed is bounded on the north by property of Thomaston Cotton Mills and on the south by the right of way of the Southern Railway Company. This the 27th day of December, 1949. Arthur K. Bolton Girdean Harper, Representatives, Spalding County. (s) Cary Reeves Affiant Sworn to and subscribed before me on this the 14th day of January, 1950.

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(s) J. Lowell Cumming, J. Lowell Cumming, Notary Public, Georgia, State at Large. Approved February 8, 1950. GRIFFINCLOSING OF STREET AND LAND CONVEYANCE AUTHORIZED. No. 577 (House Bill No. 894). An Act to authorize and empower the City of Griffin, in Spalding County, to close and vacate a certain portion of South Ninth Street in said City, where the Griffin-Spalding County Hospital Authority owns the land abutting on both sides of said street, and to convey by deed of gift all of the aforesaid portion of said street to the Griffin-Spalding County Hospital Authority, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby so enacted that from and after the passage of this Act, the Board of Commissioners of the City of Griffin are authorized and empowered to close and vacate all that portion of South Ninth Street for its full width, including sidewalks, where the Griffin-Spalding County Hospital Authority owns the property abutting on said street on both sides thereof south of the intersection of Country Club Drive; and to convey by deed of gift all of the aforesaid portion of said street to the Griffin-Spalding County Hospital Authority in fee simple. South Ninth Street. Conveyance of portion to Griffin-Spalding County Hospital Authority authorized. Section 2. Be it further enacted that all laws in conflict herewith are hereby repealed. Georgia, Spalding County. In person before me came Cary Reeves who deposes and says that he is general manager of the Griffin Daily News, the newspaper in which the sheriff's advertisements for the City of Griffin and Spalding County are published; and that the attached notice of local legislation was published as provided by law in the said newspaper on the 6th, 13th, and 24th days of December, 1949.

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(s) Cary Reeves. Sworn to and subscribed before me, this 3rd day of January, 1950. (s) L. P. Goodrich (seal) Notary Public, Spalding County, Georgia. Notice. Local or Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to authorize and empower the City of Griffin, in Spalding County, to close and vacate a certain portion of South Ninth Street, where the Griffin-Spalding County Hospital Authority owns the land abutting on both sides of said street, and to convey by deed of gift all of the aforesaid portion of said street to the Griffin-Spalding County Hospital Authority, and for other purposes. This 1st day of December, 1949. Arthur K. Bolton Girdean Harper Representatives, Spalding County Approved February 8, 1950. BIBB COUNTYFLOOD CONTROL. No. 578 (House Bill No. 905). An Act to amend an Act approved February 6, 1873, appearing on pages 219 et seq. of the published Acts of the General Assembly of Georgia of 1873 and captioned An Act to establish a County Board of Commissioners of the County of Bibb; to define its duties; and for other purposes therein named,

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and Acts amendatory thereof, so as to vest in said Board of County Commissioners for the County of Bibb, in addition to powers and authorities hereby conferred upon said board, the power and authority in and on behalf of Bibb County either alone or in conjunction with the City of Macon, State of Georgia, United States of America or any agency of any of them and either any or all of them, to take such measures as said board may deem appropriate for control of the flood waters of the Ocmulgee River in and near Bibb County, including, but not limited to the right to acquire land by purchase, condemnation, through condemnation by the United States of America, or otherwise, for construction, maintenance, repair, control, extension and improvement of levies and drainage structures and control; to expend funds and to levy taxes for such purposes and for purposes consistent therewith; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved February 6, 1873, appearing on pages 219 et seq. of the published Acts of the General Assembly of Georgia of 1873, and captioned An Act to Establish a County Board of Commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof, be and the same is hereby amended by adding to and including therein the following provisions: Said County Board of Commissioners for the County of Bibb is authorized and empowered in and on behalf of said county and either alone or in conjunction with the City of Macon, State of Georgia, United States of America or any agency of any of them and either any or all of them, to take such measures which the Commissioners may deem appropriate for control of the flood waters of the Ocmulgee River in and near Bibb County, including, but not limited to, the right to acquire land by purchase, condemnation, through condemnation by the United States of America, or otherwise, for the construction, maintenance, repair, control, extension and improvement of levees and drainage structures and control; to expend funds and to levy taxes for such purposes and for purposes consistent therewith. Control of flood waters of Ocmulgee River. Section 2. Notice of the intention to apply for this legislation

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in the locality affected hereby as shown by a copy of said notice, together with an affidavit of the author, showing publication of such notice once a week for three weeks during the sixty-day period immediately preceding introduction of this legislation for passage, such notice and affidavit being attached hereto and made a part hereof, has been given. Section 3. Be it further enacted that, if any portion of this Act shall be declared invalid, the remainder of this Act and the application of such portion to other persons or circumstances shall remain unaffected. If part invalid. Section 4. 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. Georgia, Bibb County. Before me personally appeared W. Horace Vandiver who, first being duly sworn, deposes and says that he is a Member of the House of Representatives for the County of Bibb and is author of the within bill; that the required notice of the intention to apply for such local legislation, a copy of said notice together with the affidavit of the publisher being hereto annexed, was published once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill into the General Assembly. This 21st day of January, 1950. W. Horace Vandiver Sworn to and subscribed before me this 21st day of January, 1950. Tilman E. Self Notary Public, Bibb Co. Ga. (Seal) The Macon Telegraph The Macon News. Macon, Ga.

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State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in the Macon News on the following dates. December 31, 1949, January 7, 1950, January 14, 1950. Signed Florence J. Scott Sworn to and subscribed to before me this 14th day of January, 1950. Anna J. Harris (seal) Notary Public, Bibb County, Georgia. Public Notice. To the people of Bibb County, Georgia: Please be advised that Bibb County, acting through its Board of County Commissioners, will apply to the General Assembly of Georgia at its ensuing session for the introduction, passage and approval of legislation empowering said county and its commissioners, either alone, or in conjunction with the City of Macon, State of Georgia, United States of America, or any agency of any of them, and either, any or all of them, to take such measures which the Commissioners may deem appropriate for control of the flood waters of the Ocmulgee River in and near Bibb County, including, but not limited to, the right to acquire land by purchase, condemnation, through condemnation by the United States of America, or otherwise, for the construction, maintenance, repair, control, extension and improvement of levees and drainage structures and control, to expend funds and to levy taxes for such purposes and for purposes consistent therewith. Bibb County, Georgia. By Marvin Newberry, Clerk of its Board of Commissioners. Approved February 8, 1950.

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TOCCOATAX ASSESSMENTS. No. 579 (House Bill No. 908). An Act to amend an Act to incorporate the City of Toccoa, in Stephens County, Georgia, approved July 22, 1903, providing for the appointment of tax assessors; to provide for the selection and appointment of tax assessors; and to provide for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, the charter of the City of Toccoa, Georgia, and amendments thereto and especially the Act approved July 22, 1903, and Section 2 of said Act, be and the same are hereby amended as follows: Section 1. By adding to Section 2 of an Act approved July 22, 1903, after the word city in the 11th line of said section the following words: Provided; however, that the governing authority of said city shall have the right to appoint as one of the three tax assessors an employee of said city who shall be familiar with the manner of giving in and the manner of collecting city taxes and provided further that said city employee so appointed need not be a freeholder in said city, so that Section 2 of said Act when amended shall read as follows: Sec. 2, Act of 1903 amended. Section 2. Be it further enacted by the authority aforesaid, that Section 17 of the above recited Act be amended by adding after the word final in the fifteenth line of said section the following words: except that any citizen or property owner, not being satisfied with the last assessment placed upon his or her property, shall have the right of an appeal to the council, so that said section as amended shall read as follows: Section 17. Be it further enacted by the authority aforesaid, that the city council of said city shall have full power and authority to provide the manner of giving in taxes of said city, to appoint three citizens of said city, who are freeholders thereof, as assessors of real estate in said city, provided; however, that the governing authority of said city shall have the right to appoint as one of the three tax assessors an employee of said city who shall be familiar with the manner of giving in and the manner

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of collecting city taxes and provided further that said city employee so appointed need not be a freeholder in said city, whose duty it shall be to place a just, fair equitable valuation on all real estate within the corporate limits of the city of Toccoa subject to city taxes, to equalize and adjust the tax returns of all the personal property within said city; the said board of assessors to give to any citizen or property owner an opportunity to appear before them and make objections to the valuation placed by them upon any piece of property, and if in the judgment of said assessors the valuation first fixed was so high, they may change the same, but in all cases the decision of the assessors after the property owner has appeared before them, or had notice to appear before them, shall be final, except that any citizen or property owner not being satisfied with the last assessment placed upon his or her property shall have the right of an appeal to the council. Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. New Sec. 17. Tax assessments. Appeal. Section 2. Be it further enacted by the authority aforesaid that the notice of application for passage of this bill, said notice being hereto attached and said notice having been published in the Toccoa Record, Toccoa, Georgia, the newspaper in which the sheriff's advertisements for said locality are published, in the issues of January 5th, January 12th, and January 19th, 1950 be and the same is hereby made a part and parcel of this Act. 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. Georgia, Stephens County. I, Robert W. Graves, do hereby certify that I am the editor of the Toccoa Record in Toccoa, Georgia, said newspaper being the newspaper in which the sheriff's advertisements for the City of Toccoa are published and that the notice hereto attached concerning the application for an Act to amend the charter of the City of Toccoa was published in the issues of January 5th, January 12, and January 19th, 1950 of the Toccoa Record. Robert W. Graves Robert W. Graves

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Sworn to and subscribed before me this 21st day January, 1950. Dorothy P. DeFoor (seal) Notary Public, Stephens County, Georgia My commission expires June 7, 1951. Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: Toccoa charter amended, an Act to amend an Act to amend an Act to incorporate the City of Toccoa in Stephens County, Georgia, and which was approved July 22, 1903 by amending Section 2 of said Act by adding after the word city in the 17th, line of said section the following words: Provided, however, that the governing authority of said city shall have the right to appoint as one of the three tax assessors an employee of said city who shall be familiar with the manner of returning property for taxation and with the manner of collecting city taxes, and provided further that said city employee so appointed need not be a freeholder in said city. Frank C. Gross Jan. 5-12-19 Approved February 7, 1950. PERRY CORPORATE LIMITS. No. 580 (House Bill No. 915). An Act to amend An Act to create a new charter for the City of Perry, County of Houston and to reincorporate said city under the name of City of Perry and to define its City limits, etc. approved March 29, 1937, which Act was amended by an Act approved February 23, 1945 and published in Georgia Laws, 1945, page 715, by repealing section 1 of said Act as so amended and substituting a new Section to be known as Section 1, enlarging and redefining the corporate limits of the City of Perry.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the Act approved March 29, 1937 entitled An Act to create a new charter for the City of Perry, County of Houston and for other purposes published in Georgia Laws, 1937, pages 2029 to 2088, as amended by an Act of the General Assembly of the State of Georgia approved February 23, 1945 and published in Georgia Laws, 1945, page 715, be, and the same is hereby amended by striking from said Act Section 1 as amended, thereof, and by inserting in said Act a new section to be known as Section 1 and provided as follows: Section 1. Territorial limits. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act the corporate limits of the City of Perry shall extend one and three-fourths (1 3/4) miles in every direction from the center of the new courthouse in said City of Perry. No field or woodland exceeding five (5) acres shall be subject to taxation until the same is laid off into city lots. Corporate limits. 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. Notice of Intention to Submit Local Bill. Notice is hereby given that there will be introduced in the 1950 session of the General Assembly of the State of Georgia, a bill to amend the charter of the City of Perry by changing and enlarging the corporate limits of said City of Perry to a distance of one and three-quarters miles in every direction from the site of the Houston County courthouse, within said City of Perry. H. A. Aultman Representative for Houston County. Georgia, Houston County. I, C. C. Etheridge, before the undersigned officer duly authorized by law to administer oaths, depose and on oath say that

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I am the editor and publisher of the Houston Home Journal, the official organ of Houston County, Georgia, and the above and foregoing notice of intention to submit local bill was published in said Houston Home Journal once each week for three weeks, same being on the following dates: January 5, 1950, January 12, 1950, and January 19, 1950. This 19th day of January, 1950. (s) C. C. Etheridge Sworn to and subscribed before me this 19th day of January, 1950. (s) Eleanor A. Aultman (seal) Notary Public, Houston County, Georgia. Approved February 8, 1950. FULTON CRIMINAL COURTASSISTANT AND DEPUTY SOLICITORS-GENERAL. No. 583 (House Bill No. 532). 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, said Acts amendatory thereof, by fixing the salaries of the solicitor-general of said court; by providing for the appointment of an assistant solicitor-general and deputy solicitor-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

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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 additonal sections: Acts amended. Section 2. 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 or more than $6564 per annum. The salary of the Assistant Solicitor-General shall be paid monthly by the Treasurer of Fulton County. Assistant Solicitor-General. Section 3. There shall be two 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 $4,980 per annum or more than $6564 per annum. The salary of each deputy Solicitor-General shall be paid monthly by the Treasurer of Fulton County. Deputy Solicitor-General. Section 4. 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 $6,000 per annum or more than $6564 per annum. The salary of such additional deputy Solicitor-General

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shall be paid monthly by the Treasurer of Fulton County. Additional deputies. Section 5. The Solicitor-General of the Criminal Court of Fulton County may, if he shall deem it necessary and proper, appoint not more than two permanent investigators for the purpose of investigating violations of the law in Fulton County and rendering such other assistance as may be required by them by 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. Investigators. Section 6. 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. Section 7. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, efficial newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23 30 days of December, 1948, and on the 6, 13, 19, 26 days of January, 1949, February 2, 1949. As provided by law. Frank Kempton Subscribed and sworn to before me this 5th day of February, 1949. Nellie Nix Edwards (Notarial Seal) Notary Public, Fulton County, Georgia My commission expires Aug. 24, 1949. Notice of Local Legislation. Notice is hereby given that at the 1949 session of the General Assembly of Georgia, the undesigned will introduce and will

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apply for the enactment of an Act to amend the 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 as otherwise amended, by fixing the number of Assistant Solicitors-General and deputy Solicitors-General, and Investigators, of said court, and by providing their method of appointment, term of office and compensation. This 30th day of November, 1948. Jesse L. Walton. Approved February 7, 1950. AUGUSTA FIRE DEPARTMENTOFF-DUTY DAY. No. 586 (House Bill No. 118). An Act to amend an Act entitled An Act to promote the efficiency and improve the condition of the Fire Department of the City of Augusta, incorporated as the City Council of Augusta, Georgia, by installing therein what is known as the platoon system and for other purposes, approved July 25, 1921, as amended by the Act approved August 1, 1922, as amended by Act approved July 20, 1929 (Georgia Laws, 1929, pages 851-852, inclusive), entitled Augusta Fire Department; hours of service, etc., so as to provide each and every member of the Augusta Fire Department, Augusta, Georgia, who receives a regular salary, shall, after having been on duty by virtue of his employment one hundred and forty-four (144) hours during a period of thirteen (13) consecutive days, beginning with the first Monday after the signing of such bill by the Governor of Georgia, that such member, without any deduction from his regular salary as such member, be given and shall have twenty-four (24) consecutive hours off duty, after each such period of one hundred and forty-four (144) hours duty in thirteen consecutive days; provided, however,

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that such twenty-four hours off duty may be cancelled in case of an emergency, but in the event it is so cancelled, the twenty-four (24) hours off duty so cancelled shall be given to such member within thirty days from the date so cancelled, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act entitled An Act to amend an Act entitled `An Act to promote the efficiency and improve the condition of 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 25, 1921, as amended by the Act approved August 1, 1922, as amended by Act approved July 20, 1929 (Georgia Laws, 1929, pages 851-852, inclusive), entitled Augusta Fire Department; hours of service, etc., is hereby amended by adding a new section thereto immediately after Section (2) to be numbered Section 2(a) to read as follows: Section 2(a) Each and every member of the Augusta Fire Department, Augusta, Georgia, who receives a regular salary, shall, after having been on duty by virtue of his employment one hundred and forty-four (144) hours during a period of thirteen (13) consecutive days, beginning with the first Monday after the signing of this bill by the Governor of Georgia, that such member, without any deduction from his regular salary as such member, be given and shall have twenty-four (24) consecutive hours off duty, after each such period of one hundred and forty-four (144) hours in thirteen consecutive days; provided, however, that such twenty-four (24) hours off duty may be cancelled in case of an emergency, but in the event it is so cancelled, the twenty-four (24) hours off duty so cancelled shall be given to such member within thirty days from the date so cancelled. Off-duty day. 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. Accompanying this Bill and added hereto as provided by Section 2-1915 of the Civil Code of Georgia as amended (Annotated Pocket Part) is an affidavit by the foregoing authors to the effect

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that the notice of the intention of the aforesaid authors to apply for the passage of the aforesaid bill has been published as required by said section of said Code preceeding the introduction of this bill and said affidavit is respectfully referred to. State of Georgia, Richmond County: Personally appeared before me, the undersigned attesting officer, Rodney Cohen, Jr., Roscoe Coleman, and John Bell, who first being duly sworn under oath say that they are the Representatives of Richmond County, Georgia in the House of Representatives of Georgia, 1949 session, and that this affidavit is made for the purpose of attaching it to a bill that is being introduced by them in the House of Representatives of Georgia, entitled An Act to amend an Act entitled `An Act to promote the efficiency and improve the condition of 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 25, 1921, as amended by the Act approved August 1, 1922, as amended by Acts approved July 20, 1929 (Georgia Laws, 1929, pages 851-852, inclusive), entitled `Augusta Fire Department; hours of service, etc. so as to provide each and every member of the Augusta Fire Department, Augusta, Georgia, who receives a regular salary, shall, after having been on duty by virtue of his employment one hundred and forty-four (144) hours during a period of thirteen (13) consecutive days, beginning with the first Monday after the signing of such bill by the Governor of Georgia, that such member, without any deduction from his regular salary as such member, be given and shall have twenty-four (24) consecutive hours off duty, after each such period of one hundred and forty-four (144) hours duty in thirteen consecutive days; provided, however, that such twenty-four hours off duty may be cancelled in case of an emergency, but in the event it is so cancelled, the twenty-four (24) hours off duty so cancelled shall be given to such member within thirty days from the date so cancelled, and for other purposes and that they are the authors of said bill and that prior to introducing said bill they gave notice of their intention to apply for the passage of such bill by having such notice published in the public gazette of Richmond County, Georgia, in which sheriff's advertisements for said county are published once a week for three weeks during the period of sixty days immediately preceding its introduction

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in the General Assembly, all as provided by Section 2-1915 of the Civil Code of Georgia, 1933 as amended and said notice has been published as provided by law. Rodney Cohen, Jr., Roscoe Coleman John W. Bell As Representatives from Richmond County, Georgia, in the House of Representatives of Georgia. Sworn to and subscribed before me, this 14 day of January, 1949. J. N. Cowan Notary Public, State at Large, Georgia. Affidavit of Publication. Attorney or Agency, Wilmer D. Lanier. Business, Attorney. State of Georgia, Richmond County. Personally appeared Pat H. Rice, who being duly sworn says that he is the General Manager of the Augusta Chronicle, a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice of legislation for Augusta Police Dept. duly appeared in said newspaper on the following dates, to wit: Dec. 16, 23, 30, 1948. Pat H. Rice Sworn to and subscribed before me this 12th day of January, 1949. Jack E. Webb Notary Public, Richmond County, Georgia. Notice of Intention to Apply for Local Legislation. To whom it may concern: Notice is hereby given that it is the intention of the undersigned

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to apply to the 1949 General Assembly of Georgia, next, for the passage of a bill: (1) To provide that each and every member of the Augusta Fire Department, Augusta, Georgia, who receives a regular salary, shall, after having been on duty by virtue of his employment one hundred and forty-four (144) hours during a period of thirteen (13) consecutive days, beginning with the first Monday after the signing of such bill by the Governor of Georgia, that such member, without any deduction from his regular salary as such member, be given and shall have twenty-four (24) consecutive hours off duty, after each such period of one hundred and forty-four (144) hours duty in thirteen consecutive days; provided, however, that such twenty-four (24) hours off duty may be cancelled in case of an emergency, but in the event it is so cancelled, the twenty-four (24) hours off duty so cancelled shall be given to such member within thirty days from the date so cancelled. (2) To amend or either repeal, either or both, all existing laws necessary in order to provide the law of twenty-four (24) hours off duty above mentioned. This 15th day of Dec., 1948. Roscoe Coleman. As Representative-Elect from Richmond County, House of Representatives. Rodney S. Cohen, Jr. As Representative-Elect from Richmond County, House of Representatives. John C. Bell As Representative-Elect from Richmond County, House of Representatives. Henry P. Eve As State Senator-Elect, 18th Senatorial Dist. of Georgia. Approved February 7, 1950.

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EAST POINT CORPORATE LIMITS EXTENDED. No. 589 (House Bill No. 664). An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the city limits of the City of East Point in the County of Fulton be and are hereby extended to embrace the territory and inhabitants therein located within the 14th District of Fulton County and within a boundary line commencing at the northeast corner of the new city limits of the City of East Point as fixed by charter amendment of 1947, and running thence west 127 feet; thence north 200 feet to the south side of Lakewood Avenue at a point 348 east of the Sylvan Road; thence east along the south side of Lakewood Avenue 549 feet; thence south 1417 feet; thence west 22 feet; thence south 450 feet; thence west 400 feet to the new city limits of the City of East Point as fixed by 1949 charter amendment; thence north along said new city limits 1667 feet to the point of beginning, and being in Land Lot 102 of said 14th District of Fulton County, Georgia; 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 inhabitants thereof heretofore embraced within the territorial limits of said city; provided, that the area annexed by this charter amendment is not annexed to the City of East Point and this Act shall not become operative unless the territory annexed to the City of East Point by an Act approved March 28, 1947 (Georgia Laws 1947, p. 1568 et. seq.) is annexed or re-annexed in 1949, but if said territory annexed to said city in 1947 be re-annexed by the General Assembly of this State in 1949, then and in that event this Act shall be of full force and effect. Description. Section 2. The territory annexed to the City of East Point

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by this Act is incorporated into and made a part of the third ward of said city. Section 3. Notice of intention of the City of East Point to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of the State of Georgia. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 10th day of December, 1948, and once each week thereafter for 5 consecutive weeks as provided by law. (s) Frank Kempton. Subscribed and sworn to before me this 19th day of January, 1949. (s) Bessie K. Crowell Notary Public Fulton County, Georgia. My commission expires Feb. 7, 1950. Notice. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next regular 1949

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session of the General Assembly of Georgia, to annex additional territory to said city and to otherwise amend the charter of the City of East Point, the title to such bills or bill to be as follows: An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof, and for other purposes. This 8th day of December, 1948. City of East Point By Ezra E. Phillips City Attorney 510 Connally Building Atlanta, Georgia December 10, 17, 24, 31. Approved February 8, 1950. EAST POINT CORPORATE LIMITS EXTENDED. No. 590 (House Bill No. 665). An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the 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

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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 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. Description. 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. Section 3. Notice of intention of the City of East Point to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of this State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according

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to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 10th day of December, 1948, and once each week thereafter for 5 consecutive weeks as provided by law. (s) Frank Kempton. Subscribed and sworn to before me this 19th day of January, 1949. (s) Bessie K. Crowell Notary Public Fulton County, Georgia. My commission expires Feb. 7, 1950. Notice. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next regular 1949 session of the General Assembly of Georgia, to annex additional territory to said city and to otherwise amend the charter of the City of East Point, the title to such bills or bill to be as follows: An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof, and for other purposes. This 8th day of December, 1948. City of East Point By: Ezra E. Phillips City Attorney. 510 Connally Building. Atlanta, Georgia. December 10, 17, 24, 31. Approved February 9, 1950.

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HEPHZIBAH CHARTER AMENDMENTS. No. 592 (House Bill No. 739). An Act to amend the charter of the Town of Hephzibah approved October 24, 1870 (Georgia Laws 1870, page 204), entitled An Act to incorporate the Town of Hephzibah and to confer certain powers on the commissioners thereof, as amended by the Act approved August 24, 1872 (Georgia Laws 1872, page 209), and the Act approved December 27, 1886 (Georgia Laws 1886, page 254-56), so as to provide for the lengthening of terms of office of the Board of Commissioners of said town from one to three years; to change the date of election of commissioners; to provide for a substitute to preside in the police court in the absence of the chairman or members of the Commission, to define his powers and duties; to repeal Section 4 of the amendment of said charter approved December 27, 1886, and to further provide for the method and manner of levying of assessments, taxes and licenses on the inhabitants and businesses of said town; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The charter of the Town of Hephzibah, approved by the Act of the General Assembly of Georgia, October 24, 1870, as amended by the Act approved August 24, 1872 (Georgia Laws 1872, page 209), is hereby amended by repealing the Act approved August 24, 1872 (Georgia Laws 1872, page 209). Section 2. It is further enacted by the authority aforesaid that the next general election for Commissioners of the Town of Hephzibah shall be held on the first Saturday in November, 1950, and all general elections hereafter held in said town shall be held on the first Saturday in November of the year preceding the expiration of terms of office of Commissioners of said town as hereinafter provided for; that the Commissioners of said town elected on the first Saturday in November, 1950, shall take office on the first day of January, 1951, provided, however, the terms of office of those elected in November, 1950, shall be as follows: Two for one year, two for two

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years, and one for three years, and those desiring to become a member of said board shall qualify with the clerk of said board signifying his intention to become a candidate at least fifteen (15) days before the date of said election and in so notifying the clerk, he shall designate the term of office and for the number of years of the term of office that he desires to qualify as a candidate for. At the expiration of these terms of office, all members of said board shall be elected for a term of three years. Commissioners. Election, terms. Section 3. Be it further enacted by the authority aforesaid that said charter of the Town of Hephzibah approved October 24, 1870 (Georgia Laws 1870, page 204), as amended by the Acts approved December 27, 1886 (Georgia Laws 1886, pages 254-56) is hereby amended by adding a new sentence at the end of Section 3 of the amendment approved December 27, 1886, which shall read as follows: Provided, however, said Commissioners may provide for a substitute to act as Recorder and declare the term of office for said Recorder and upon the election of a recorder, he shall have the same powers as provided for in this section for the chairman of the board; said board shall provide for the compensation, if any, of said Recorder. Recorder. Section 4. Be it further enacted by the authority aforesaid that said charter approved October 24, 1870, as amended by the Act approved December 27, 1886, is hereby amended by striking Section 4 of the amendment approved December 27, 1886, in its entirety so as to repeal said section, and by inserting the following in lieu thereof, to wit: Section 4. That said Board of Commissioners and their successors in office are hereby vested with full power and authority to make such assessments on the inhabitants of the Town of Hephzibah and/or those holding taxable property within the corporate limits of same for the safety, benefit, convenience and advantage of said town as it appears to them expedient for the general welfare of said town. Said board for the purpose of assessing property for taxation shall have the power to prescribe the methods, manner and procedure to be used in the assessment of all real and personal property

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within said town and shall have the power and authority to provide for and fix the valuations of all property situated in said town for taxable purposes in accordance with the tax digest of Richmond County, Georgia, for each previous year relating to property in said corporate limits, subject to such revisions and adjustments as said board may deem proper. Taxation. Section 5. Be it further enacted by the authority aforesaid that said charter is hereby amended by providing that said Board of Commissioners shall have power and authority to adopt a tax levy ordinance levying a tax in mills on the dollar of assessed valuation of all taxable property in said town sufficient with other receipts to provide for financial operation of said town, not exceeding five (5) mills upon the dollar, and the method of collection of taxes shall be by execution or otherwise, the form of which shall be provided for by ordinance of said Board of Commissioners and providing for the payment of same by March 1st of each year and that any delinquency may be penalized ten (10%) per cent. of the amount of such tax, plus a reasonable cost to be determined by ordinance of said board. Taxation. Section 6. Be it further enacted by the authority aforesaid, that said charter is amended by adding the following section, to wit: That said Board of Commissioners shall have power and authority to impose a tax or license fee upon any occupation, trade or business being operated within the limits of said town and shall have the authority by ordinance to require every person, firm or corporation subject to such taxes to file such returns as in the judgment of the board may be necessary to provide adequate information for the determination of the license fee to be charged. Licenses. Section 7. Be it further enacted by the authority aforesaid that said charter is amended by adding the following section: That said Board of Commissioners shall have the power to appoint a qualified voter of said town to manage its financial

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affairs, should it deem same necessary and the compensation paid for such service, if any, shall be determined by said Board of Commissioners. Financial management. Section 8. Be it further enacted by the authority aforesaid, that if any section or part of section of this Act should be declared unconstitutional for any reason, then all remaining portions shall still be binding and effective. If part invalid. Section 9. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. That there is hereto attached and made a part of this bill the notice of intention of such bill being introduced at this session of the General Assembly with the affidavit attached thereto of G. R. Boswell, business manager of the Augusta Herald, which certifies that same has been published as provided by law in accordance with Article III, Section 7, Paragraph 15, Constitution of 1945. Legal Notice. State of Georgia, Richmond County. Public notice is hereby given that a bill will be introduced at the approaching 1950 session of the General Assembly of Georgia affecting the Town of Hephzibah, which bill will be entitled: An Act to amend the charter of the Town of Hephzibah approved October 24, 1870 (Georgia Laws 1870, page 204), entitled An Act to incorporate the Town of Hephzibah and to confer certain powers on the Commissioners thereof as amended by the Act approved August 24, 1872 (Georgia Laws 1872, page 209), and the Act approved December 27, 1886 (Georgia Laws 1886, page 254-56), so as to provide for the lengthening of terms of office of the Board of Commissioners of said town from one to three years; to change the date of election of commissioners; to provide for a substitute to preside in the police court in the absence of the chairman or members of the Commission, to define his powers and duties; to repeal Section 4 of the amendment of said charter approved

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December 27, 1886, and to further provide for the method and manner of the levying of assessments, taxes and licenses on the inhabitants and businesses of said town; and for other purposes. This the 16th day of December, 1949. Town of Hephzibah, By Joseph W. Bell, Chairman, Board of Commissioners. d20,27,j3. Affidavit of Publication. Attorney or Agency, Town of Hephzibah. Business..... State of Georgia, Richmond County. Personally appeared, G. R. Boswell, who being duly sworn says that he is the business manager of the Augusta Herald, a daily newspaper published in Augusta, in said State and county, and that the advertisement An Act to amend the charter of the Town of Hephzibah. duly appeared in said newspaper on the following dates to wit: December 20-27, January 3, 1950. (s) G. R. Boswell Sworn to and subscribed before me this 3rd day of January, 1950. Edith Loyal, Notary Public, Richmond County, Ga. Approved February 8, 1950. FOREST PARK CHARTER AMENDMENTS. No. 593 (House Bill No. 754). An Act to amend an Act approved August 14, 1908, entitled an Act to incorporate the Town of Forest Park, Georgia, and Acts amendatory thereof; to redefine the corporate limits

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of said town; to provide for and fix the term of office of its Mayor and Aldermen; to prescribe their compensation; to provide for the registration of the voters of said town; to prescribe the time limit for candidates to qualify for the office of Mayor and Alderman; to provide for the grading, paving, altering, or improving the streets and sidewalks of said town; to provide for issuing assessments for such improvements; to repeal the Act approved March 27, 1947 (Ga. Laws 1947, pages 966-968) in its entirety; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the authority aforesaid that the area in the Town of Forest Park, Georgia, shall be the area included within the following bounds: Beginning at the northwest corner of the city limits of Forest Park, Clayton County, Georgia, said corner line a distance of seventeen hundred and fifty feet (1750) due west of Hendrix Drive at old city limit corner; thence running due east a distance of seven thousand two hundred and fifty (7250) feet, more or less, to a made corner and the northeast corner of said city limits; thence south a distance of five thousand, nine hundred sixty (5960) feet, more or less, to a made corner and the southeast corner of said city limits; thence due west a distance of five thousand one hundred sixty (5160) feet, more or less, to a made corner; thence due north a distance of one thousand and seventy (1070) feet, more or less to a made corner; thence due west a distance of eleven hundred (1100) feet, more or less to a made corner; thence due north a distance of four hundred and ninety (490) feet more or less to a made corner; thence due west a distance of seven hundred (700) feet, more or less, to a made corner and the southwest corner of said city limits; thence due north a distance of four thousand three hundred and sixty (4360) feet, more or less to the northwest corner of said city limits and the point of beginning. A plat of said area being on file in the Clerk's office of said town, and by reference being made a part of this description. (Ratified in election held December 11, 1946 in the town of Forest Park, Georgia). Corporate limits.

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Section 2. Be it enacted by the authority aforesaid that Section 5 of said Act be repealed in its entirety and a new Section 5 be enacted which shall read as follows: Section 5. Be it further enacted, that on the first Saturday in December, 1950, and on the same day on each year thereafter, an election shall be held in the town of Forest Park, at such polling, or polling places, as the Mayor and Aldermen may prescribe by ordinance. The election held in December, 1950, shall be for three Aldermen, and the election held in December, 1951, shall be for Mayor and two Aldermen, who shall hold their office for two years, beginning on the first Monday in January following such election. 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 resided within the corporate limits of said town at least six months next preceding the election and who have in addition registered to vote in the Town of Forest Park under ordinances enacted by the governing authority of said town, for the registration of voters, shall be eligible to vote in said election. The registration book shall close 20 days prior to an election. Any person eligible to vote in said election is eligible to be a candidate for said offices, provided such person files a notice of intention to be a candidate for the office of Mayor or Alderman with the City Clerk at least 20 days prior to the date of the election. Such elections shall be held and conducted as are those for county officers, and the certificate of the managers shall authorize the persons so elected to enter upon the discharge of the duties of said offices, the return of said elections shall be made to the Mayor and Aldermen of said town. In event of a vacancy occurring in any of said offices the same shall be filled as to the Mayor by the Board of Aldermen selecting one of their number to fill the unexpired term; and as to Aldermen by the selection of some fit and qualified person of the town, by the remaining Mayor and Aldermen. W. A. Knowles, J. K. Currie and N. T. Dennis, Jr. are hereby named Aldermen of said town for terms expiring on the first Monday in January, 1951, and J. M. Barton as Mayor, and H. C. Dorsey and W. H. Fleming as Aldermen for the terms

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expiring on the first Monday in January, 1952. In addition to the requirements appearing before named a candidate for the office of Mayor or Alderman shall have been a freeholder and citizen of said town twelve months before becoming such a candidate. Mayor and Aldermen. Election, terms, etc. Section 3. Be it further enacted by the authority aforesaid that a new section be added known as Section 10-A which shall be as follows: Section 10-A. The Mayor shall receive as his compensation the sum of $300.00 per year, and the Aldermen, each, the sum of $150.00 per year, to be paid out of the general funds of said town. The governing authority may by ordinance prescribe whether said sums shall be paid annually or monthly. Compensation. Section 4. Be it further enacted by the authority aforesaid, that a new section be added known as Section 10-B which shall read as follows: Section 10-B. (The Mayor and Aldermen may by ordinance provide for grading, paving, macadamizing or otherwise improving for travel and drainage any of the public streets of said town; for paving or otherwise improving the sidewalks, including curbing for the same, if desired, for renewing or repairing the pavement of such streets or sidewalks; and for constructing or laying down drains and sewers along such streets and through and over private property; and it may in such ordinance assess the cost of such improvements on the real estate adjoining or benefited thereby as provided in this Act. 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 town Clerk an affidavit of illegality accompanied by a tender of the amount of the assessment which he admits to be correct. Thereupon the said town collector shall suspend all further proceedings on such execution and return the same to the next term of the Superior Court of Clayton County, and

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the true amount of such assessment shall be determined in said court at the first term thereof, as in other cases of illegality. The governing authorities of said town may assess all of the cost of such improvements against, according to the abutting frontage, said property, except street intersections, the cost of which shall be paid for by the town. 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. Streets, sidewalks, sewers, etc. Section 5. Be it further enacted by the authority aforesaid, that a new section be added known as Section 10-C which shall read as follows: Section 10-C. The governing authorities of said town may require a petition by at least 50% of the property owners, owning at least 75% of the frontage on such proposed improvements before undertaking such improvements, and upon the presentation of such a petition and adoption of an ordinance to provide for such work, said authority shall also provide for a public notice to be posted at least 10 days at the town hall showing the proposed improvement, the estimated cost thereof, and may in such cases provide for the assessments to be paid in equal installments over a period of not more than 5 years. Petition for improvements. Section 6. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Clayton County. I, W. Lloyd Matthews, do hereby certify that I am the owner and publisher of the Clayton County News and Farmer, the official organ of Clayton County and that the foregoing notice of intention to apply for local legislation was advertised in my paper on the following dates: December 23, 1949, December 30, 1949, January 13, 1950. This the 14th day of January 1950. (s) W. Lloyd Matthews W. Lloyd Matthews, Owner and Publisher, Clayton Cunty News and Farmer.

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Notice. Notice is hereby given that I will introduce and work for the passage at the next session of the General Assembly the following bill to wit: An Act to amend an Act approved August 14, 1908, entitled an Act to incorporate the Town of Forest Park, and Acts amendatory thereof; to redefine the corporate limits of said town; to provide for and fix the term of office of its Mayor and Aldermen; to prescribe their compensation; to provide for the registration of the voters of said town; to prescribe the time limit for candidates to qualify for the office of Mayor and Aldermen; to provide for the grading, paving, altering, or improving the streets and sidewalks of said town; to provide for issuing assessments for such improvements; to repeal the Act approved March 27, 1947 (Ga. Laws 1947, pages 966-968) in its entirety; to repeal conflicting laws and for other purposes. December 19, 1949. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved February 8, 1950. ALBANYINSURANCE OF EMPLOYEES. No. 595 (House Bill No. 777). An Act to amend the Act creating and establishing a new charter for the City of Albany, approved August 18, 1923, as amended, so as to authorize the City of Albany, Georgia, to enter into contracts for group insurance covering employees of the city, including the authority to appropriate funds to pay a portion of the premiums 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 same: Section 1. 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 further amended

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by adding a new section, appropriately numbered, and to read as follows: Act of 1923 amended. The City of Albany shall have the power and authority to enter into contracts of insurance with any insurance company authorized to transact business in the State of Georgia, insuring the employees of the city, or any class or group of city employees, under a policy or policies of group insurance, granting annuities, hospital and sick insurance. The city is authorized to appropriate funds of the city for any and all such purposes sufficient to pay any part or all of the premium charges incident to the issuance of group insurance and for the continuation of such policy or policies. Group insurance of employees. Section 2. That the Act approved August 18, 1923, (Ga. Laws 1923, pages 370-418) as amended, creating and establishing a new charter for the City of Albany, be further amended by adding a new section which shall follow that section set out in Section 1 of this Act and which shall be appropriately numbered and which shall read as follows: The Board of City Commissioners is hereby vested with full and complete power and authority to determine the amount of contribution by the city for the purchase of group insurance for employees of the city, the amount and kind of insurance, what class of employees are to be included, and to determine any and all facts relating to the purchase of group insurance, and to enter into contracts accordingly. Powers of City Commissioners. Section 3. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of intention to introduce a local bill in the General Assembly of Georgia to amend the charter of the City of Albany, Georgia, caption of said local bill being as follows: A bill entitled a bill to amend the Act creating and establishing a new charter for the City of Albany, approved August 18, 1923, as amended, so as to authorize the City of Albany, Georgia, to enter into contracts for group insurance covering employees of the city, including the authority to appropriate

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funds to pay a portion of the premiums thereof, and for other purposes. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, the newspaper published in Albany, Georgia, in which the sheriff's advertisements for Dougherty County are published; and that the foregoing and attached notice was published in said paper once a week for three weeks in the issues of December 1, 1949, December 8, 1948, and December 15, 1949. (s) James H. Gray Editor and Publisher of The Albany Herald. Approved February 8, 1950. ORDINARY'S SALARY IN CERTAIN COUNTIES. No. 596 (House Bill No. 780). An Act to change the ordinary from the fee to the salary system in certain counties of Georgia: To make provisions regulating the carrying out of said changes; to regulate the disposition of costs, fees, and other compensations as have heretofore been allowed to the ordinary; to fix the salary and compensation of the ordinary; to provide for the payment of such salary and compensation: To provide that this Act shall apply to all counties in the State of Georgia having by the United States census of 1940 a population of not less than 25,280 inhabitants, nor more than 25,300 inhabitants; 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. This Act shall apply to all counties in the State of Georgia having by the United States census of 1940 a pupulation of not less than 25,280 inhabitants, nor more than 25,300 inhabitants. Counties where effective.

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Section 2. The provisions of this Act shall be controlled by the United States census for the year 1940 and shall not be changed or affected by any future census of the United States which may hereafter be made. Section 3. That on or after March 1, 1950, in all such counties as are described in Section 1 of this Act, the salary of the ordinary of such county shall be $300.00 per month, and it shall be the duty of the county commissioners in such counties to fix the salaries of such ordinaries at said sum and said salary shall be paid to the ordinary from the county funds coming into the hands of the governing authorities of any such county, and it shall be the further duty of such county commissioners to provide for the payment of such salary, and take the same into consideration when fixing the tax levy for any such county, and a tax levy shall be made to include the payment of the salary of the ordinary. The salary provided by this Act to the ordinary shall be paid to him by the county governing authorities from the county funds on or before the 10th day of each month after the effective date of this Act. Ordinary's salary. Section 4. Upon the effective date of this Act all fees, costs, percentages, forfeitures, penalties, allowances, and all other compensation of whatever kind which shall heretofore have been allowed to the ordinary of said county, to be received or collected for services rendered by him, shall be received and collected by such ordinary for the sole use of the county in which they are collected, and shall be held as public monies belonging to said county, and accounted for and paid over to said county on or before the 10th day of each month, at which time an itemized statement shall be made by said ordinary, under oath, showing such collections and the source from which collected; and after the effective date of this Act such ordinary shall not receive any such fees as have heretofore been allowed for his services, and shall pay the same into the county funds as hereinabove provided, and shall receive the sum of $300.00 per month for his services in lieu of all such fees by whatever name they may be designated. Fees. Section 5. Such ordinaries as are affected by this Act shall furnish their own clerical help and assistance and shall pay for

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the same out of the funds allowed to them as salary; but all records required by law to be kept by such ordinaries, and all forms, stationery, materials, supplies, and equipment incident and necessary to the functions of the ordinaries in their official capacities shall be supplied to him and shall be paid for out of the county funds in the same way and manner as is now permitted by law, and shall be furnished him exclusive of his salary as herein provided. Clerical help; supplies. Section 6. This Act shall apply to the incumbent ordinaries in the counties provided for in Section 1 of this Act which shall now be holding such office, and the provisions of this Act shall apply to the unexpired terms of such ordinaries, as well as to their successors in office. Incumbents. Section 7. Be it further enacted by the authority aforesaid that the salary of the ordinaries herein provided for, shall be their sole compensation for all services rendered in their official capacities. Section 8. Be it further enacted by the authority aforesaid that all costs, fees, percentages, and compensation which became due prior to the effective date of this Act, but which have not been collected, and all fees which were carned prior to the effective date of this Act, but which were not due shall still be payable to the ordinary who is entitled to the same and he shall be entitled to retain the same. Fees now due. Section 9. Be it further enacted by the authority aforesaid that this Act shall not be construed to change the amount of fees or costs as now provided by law for such office and the manner in which their collection is affected. Amounts of fees not changed. Section 10. Be it further enacted by the authority aforesaid that this Act shall not be construed to supersede, repeal, or modify any law, already existing with reference to a change of any county or counties from the fee system to the salary system for the ordinary of any such county. Existing laws. Section 11. Be it further enacted by the authority aforesaid that if any part of this Act shall be held to be unconstitutional, such part shall not affect the remaining portions of this Act. If part invalid.

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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. Georgia, Bartow County. Notice is hereby given that legislation will be introduced at the next session of the General Assembly of Georgia which convenes in January, 1950, applicable to the County of Bartow, the same to be an Act to provide that all fees, allowances, remunerations, and commissions of every kind and character now allowed and permitted to be charged by the Ordinary of Bartow County shall be collected by him and remitted and paid into the county treasury; to fix the compensation which said ordinary shall receive for his services; and for other purposes. 11-10-8t. Georgia, Bartow County: Personally appeared before the undersigned officer, who is duly qualified to administer oaths in this State, J. L. Davis, who after being duly sworn, deposes and says on oath that he is one of the duly elected Representatives in the General Assembly from Bartow County, and that the above and foregoing copy is a true and correct copy of a notice published in the Bartow Herald, the newspaper in which the sheriff's advertisements for Bartow County are published, and that said notice has been published as provided by law, and that said notice has been published once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction into the General Assembly of Georgia of the above and foregoing bill, and affiant further says that he is the author of said bill. (s) J. L. Davis Affiant Sworn to and subscribed before me, this 14 days of January, 1950. Ann Nelson N. P. Bartow County, Georgia. Georgia, Bartow County: Personally appeared before the undersigned officer who is duly

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qualified to administer oaths in this State, George H. Boswell, who after being duly sworn, deposes and says on oath that he is the agent of the publisher of the Bartow Herald and that the above and foregoing notice was duly published in the Bartow Herald, the newspaper in which the sheriff's advertisements for Bartow County are published, under dates of November 10, 1949, November 17, 1949, November 24, 1949, December 1, 1949, and December 8, 1949, and December 15, 1949. (s) George H. Boswell Affiant Sworn to and subscribed before me, this 14 days of January, 1950. (s) Ann Nelson N. P. Bartow County, Georgia. Be it further enacted by the authority aforesaid that the above and foregoing notice, together with the affidavits pertaining thereto, are hereby attached to and made a part of this Act. Approved February 8, 1950. COWETA COUNTYPENSIONS AND RETIREMENT PAY. No. 597 (House Bill No. 786). An Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues 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; and for other purposes, approved February 1, 1949 (Georgia Laws, 1949, pages 30-41), by striking from said Act in its entirety any and all references to benefits and privileges conferred on minor children of employees of Coweta County, Georgia, so that said Act when 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 the authority of the same,

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that the Commissioners of Roads and Revenues for Coweta County, or other lawful county authority, 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. County Commissioners to establish rules and regulations. 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. Payment subject to rules of Commissioners. Section 3. Be it further enacted by the authority aforesaid that the County Commissioners, or other lawful county authorities of Coweta County, shall be authorized to create a pension fund in the manner and form set out in this Act, and to discontinue the payment of 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. Creation of fund. 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: Classes of 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

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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 Revenue for Coweta County, be retired from active service, on and/or after April 1, 1949, 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 employees, 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 fifty 00/100 ($150.00) dollars per month. (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 fifty 00/100 ($150.00) 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 April 1, 1949. 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 cligible 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

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Treasurer of Coweta 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 of Coweta County, Georgia. Contributions to pension fund. Be it further enacted by the authority aforesaid 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 twelve 00/100 ($12.00) dollars per month, for each county employee, which shall be paid to the treasurer of the county. If pensioner desires that his widow succeed to his pension rights upon his death after retirement on pension, or being eligible to retire, he may do so by designating his wife as beneficiary and by paying additional one per cent of his monthly salary, or an amount not to exceed three 00/100 dollars ($3.00) per month, in the said fund, which should entitle his widow 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 the pensioner becomes eligible for retirement. How deductions. made. 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, or 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 to receive other and further benefits. Should any employee of Coweta County, who resigned, or has been dismissed from the service of Coweta County, and who has been paid the amount hereby authorized to be paid to

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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. Return of contributions at death, resignation, dismissal. Section 8. Be it further enacted by the authority aforesaid, that upon the effective date of this Act it shall be lawful for 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 the monthly salary, and an additional one per cent of said monthly salary provided said employee has designated his wife as beneficiary 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. Contributions not subject to garnishment, etc.; not assignable. 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 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 that said deceased employee has made no provision under the terms of this Act, Section (6), for his widow to receive other and further benefits, and provided said deceased employee has never received any pension fund 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. Return of contributions to representative. (b) Should a retired employee die without having received in retirement funds a sum equal to the amount he or she had

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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 such deceased employee has made no provision under the terms of Section Six (6) of this Act for his wife to receive other and further benefits. Payments where benefits received less than amount of contributions. 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 Revenue of 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 and their widows as provided under the terms and provisions of this Act. Funds to be supplemented by County. 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 or her 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. How length of service computed. 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

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that said deceased employee has made no provisions under the terms of Section Six (6) of this Act for his widow to receive other and further benefits), executors and administrators. When pension to cease at death. 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 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. Pension for widow of employee killed 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 County 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 Commissioner's Office; and Janitors at the court house and county office (or welfare) buildings who are under the exclusive control and supervision of said County Commissioners and who receive their entire monthly salary or compensation from Coweta County through the Board 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 Revenue for Coweta County, Georgia. What employees included in plan. Act mandatory. Section 15. Be it further enacted by the authority aforesaid that county officers elected by the people, their deputies, and clerks in the various departments where the heads of the such departments are elected by the people; employees of the County School Department, and elective officers; employees of the welfare

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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. Employees excluded. Section 16. Be it further enacted by the authority aforesaid that as to any of the employees that come under the terms of this Act, and as to which 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 Commissioners 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. Retirement pay at 60. 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 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. Authority of Commissioners. 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 reached the age of sixty (60) years, and who have served Coweta County well and faithfully for a period of twenty-five (25) 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, Subparagraphs (a) and (b) of this Act) until April 1, 1949, 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. Participation voluntary. Section 19. Be it further enacted by the authority aforesaid that notwithstanding any of the terms, conditions and provisions

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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 preceding 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, Subparagraphs (a) and (b) of this Act, shall be entitled to receive as 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 and Revenue for Coweta County and no limitations 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 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. Section 20. Be it further enacted by the authority aforesaid, 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. Investments. Section 21. Be it further enacted by the authority aforesaid that this Act shall be liberally construed to effect the purposes hereof. Construction. Section 22. 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 23. 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. Effective date.

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Section 24. Be it further enacted that the publisher's certificate as to the publication of the notice of intention to apply for this legislation in compliance with Article 3, Section 7, Paragraph 15, of the Constitution of Georgia, hereto attached is made a part of this Act. Georgia, Coweta County: By order of the Board of Commissioners of Roads and Revenue, Coweta County, Georgia, Notice is hereby given that there will be introduced at the next regular session of the General Assembly of the State of Georgia, a bill to amend the 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 application for retirement pay; and for other purposes, approved February 1, 1949 (Georgia Laws, 1949, pages 30-41), by striking from said Act in its entirety any and all reference to benefits and privileges conferred on minor children of employees of Coweta County, Georgia. This, December 7, 1949. Board of Commissioners Roads and Revenue Coweta County, Georgia By T. W. Sewell, Chairman. Georgia, Coweta County: Personally appeared before me, a notary public, the undersigned, E. W. Thomasson, who on oath says that he is the owner and publisher of the Newnan Times-Herald, a newspaper published in the County of Coweta, Georgia, in which sheriff's and ordinary's notices are published, and being the official organ of said county for the year 1949, and that citation attached was published in said Newnan Times-Herald on December 22 and 29th, 1949, and January 5, 1950. This, the 12th day of January, 1950. (s) E. W. Thomasson Owner-Publisher of Newnan Times-Herald

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Sworn to and subscribed before me, this the 12th day of January, 1950. (s) Lucile W. Bailey (Notarial Seal) Notary Public, Coweta County, Georgia. My commission expires Sept. 12, 1953. Notice. By order of the Board of Commissioners of Roads and Revenue, Coweta County, Georgia. Notice is hereby given that there will be introduced at the next regular session of the General Assembly of the State of Georgia, a bill to amend the 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; and for other purposes, approved Feb. 1, 1949 (Georgia Laws, 1949, pages 30-41), by striking from said Act in its entirety any and all reference to benefits and privileges conferred on minor children of employees of Coweta County, Georgia. This December 7th, 1949. Board of Commissioners Roads and Revenue, Coweta County, Georgia, By T. W. Sewell, Chairman. Approved February 8, 1950. MACONMAYOR AND ALDERMENCHARTER AMENDMENTS. No. 598 (House Bill No. 721). 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 the same, passed since 1914 with certain changes in said Acts; to consolidate into one Act with such

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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, the Acts amendatory thereof; and for other purposes; said Act described appearing on pages 1283-1537, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section of said Acts, and specifically including an Act of amendment, change and re-enactment set forth on page 1026 of the published Acts of the General Assembly of Georgia for 1933, and an Act set forth on pages 1105-1106 of the published Acts of the General Assembly for 1935, and an Act set forth on pages 1141-1142 of the published Acts of the General Assembly of Georgia for 1939, and an Act set forth on pages 1584, 1585, and 1586 of the published Acts of the General Assembly of Georgia for 1941; and the Act set forth on pages 1425, 1426 and 1427 and 1428 of the Acts of 1943; as well as the Acts appearing on pages 1161, 1162 and 1163 of the Acts of the General Assembly of 1945 as well as section 1 of the Act of the General Assembly of Georgia shown in the published Acts of said General Assembly for 1929 on page 1165; to provide a change in the salary of the Mayor and Aldermen of said city; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage and approval of this Act the second paragraph of Section 27 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1306 of the published Acts of the General Assembly of Georgia of 1927, as the same may have been amended, changed, or re-enacted, including Section 2 of the Act of the General Assembly of Georgia set forth on page 1026 of the published Acts of the General Assembly of Georgia for 1933, including also an Act of the General Assembly set forth on pages 1105 and 1106 of the published Acts of the General Assembly of Georgia for 1935, and including also Section 3 of an Act of the General Assembly of Georgia set forth on pages 1141, 1142, and 1143 of the published Acts of the General Assembly of Georgia for 1939, and an Act set forth on pages 1584, 1585, and 1586 of the published Acts of the

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General Assembly of Georgia for 1941; and an Act of the General Assembly of Georgia set forth on pages 1425, 1426 and 1427 and a portion of 1428 of the Acts of 1943; and Section 2 of an Act of the General Assembly of Georgia which appears on pages 1161, 1162, and 1163 of the published Acts of 1945, be and the same is hereby repealed. Former Acts amended. Section 2. Be it further enacted by the aforesaid authority that said second paragraph of Section 27, be and the same is hereby re-enacted to read, as changed and re-enacted as follows: The Mayor shall receive a salary of $7,500.00 per annum and shall be ex officio a member of the joint Board of Health. He shall hold office for a term of two years and until his successor is elected and qualified. He shall be eligible for election for two successive two year terms, and no incumbent shall hold office for more than four years in succession. When any incumbent has held office for two successive two year terms, he shall not be again eligible for election until one or more two year terms shall have intervened. He shall be chief executive officer of the city, and shall have general supervision over its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as herein set forth. It shall be his duty to see that the laws of the State, and ordinances of the city are faithfully executed within the limits of the territory of which the city government extends. He shall keep Council advised from time to time of the general condition of the city and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the city hall and devote as much time as may be necessary to the business of the city each day, and shall not be absent from the State for a longer time than six days together without permission of Council. Mayor. Salary. Term. Powers and duties. Be it further enacted by the authority aforesaid that Section 30 of the Act of 1927 which appears on pages 1283 through 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, as the same may have been amended or changed or re-enacted, and particularly as the same has been amended, changed and re-enacted by Section 1 of an Act of the

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General Assembly of Georgia which appears in the published Acts of said General Assembly for 1929 beginning at page 1165 be and the same is hereby repealed. Section 4. Be it further enacted by the authority aforesaid that said Section 30 be, and the same is hereby re-enacted to read, as changed and re-enacted as follows: Section 30. Aldermen, Compensation of. The compensation of each Alderman of the City of Macon shall be the sum of $900.00 per year, which sum shall be in full of all compensation that any Alderman shall be entitled to receive out of the treasury of the City of Macon, and which said sum shall be paid in monthly installments of $75.00 each by the Treasurer of the City of Macon, or in semi-monthly installments of $37.50 each, in the same manner as the salaries of other officers of said city are now authorized to be paid. Aldermen. Compensation. Section 5. 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. State of Georgia, County of Bibb. Personally appeared before me, a notary public, within and for above State and county, Florence J. Scott, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in the Macon News on the following dates. February 2, 1949, February 9, 1949, February 16, 1949. Signed Florence J. Scott Sworn to and subscribed to before me this 16th day of February, 1949. Anna J. Harris Notary Public, Bibb County, Georgia. Georgia, Bibb County. To whom it may concern: Notice is hereby given that application will be made to the

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1949 session of the General Assembly of Georgia for the passage of the following bill, to wit: 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 the 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, the Acts amendatory thereof; and for other purposes; said Act described appearing on pages 1283-1537, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section of said Acts, and specificically including an Act of amendment, change and re-enactment set forth on page 1026 of the published Acts of the General Assembly of Georgia for 1933, and an Act set forth on pages 1105-1106 of the published Acts of the General Assembly for 1935, and an Act set forth on pages 1141-1142 of the published Acts of the General Assembly of Georgia for 1939, and an Act set forth on pages 1584, 1585 and 1586 of the published Acts of the General Assembly of Georgia for 1941; and the Act set forth on pages 1425, 1426 and 1428 of the Acts of 1943; as well as the Acts appearing on pages 1161, 1162 and 1163 of the Acts of the General Assembly of 1945 as well as Section 1 of the Act of the General Assembly of Georgia shown in the published Acts of said General Assembly for 1929 on page 1165; to provide a change in the salary of the Mayor and Aldermen of said City; and for other purposes. This 2nd day of February, 1949. Washington Dessau. Approved February 9, 1950.

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ETONCLOSING OF STREET AUTHORIZED. No. 599 (House Bill No. 710). An Act to abolish that portion of the street known as First Avenue which lies East of the Louisville and Nashville Railroad in the City of Eton, Georgia; provided, however, that all other streets and alleys connecting the street shall not be affected by said abolishment; provided, further, that the street known as Mitchell Bridge Road is not affected by this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That portion of the street known as First Avenue which lies east of the Louisville and Nashville Railroad in the City of Eton, Georgia, be, and the same is hereby abolished; provided, however, that all other streets and alleys connecting the street shall not be affected by said abolishment; provided, further, that the street known as Mitchell Bridge Road is not affected by this Act; Closing of part of First Avenue authorized. Section 2. To repeal all laws or parts of laws in conflict herewith. Georgia, Murray County. I, J. Roy McGinty Jr., hereby certify that I am publisher of the Chatsworth Times, a newspaper of general circulation in Murray County, Georgia. That said paper is the paper in which the legal advertisements of the sheriff and county officers is run in said county. I further certify that on the following days of February, 1949, 3, 10, 17, the following notice was printed in said Chatsworth Times. Notice of Local Legislation. This is to give notice that I will introduce local bill in legislature to abolish that portion of First Avenue in the City of Eton,

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Ga., that lies east of L. N. railroad. Said bill not to affect any other street or alley. This avenue lies immediately north of Mitchell Bridge Road and has never been opened. It was deeded by Town Company many years ago to property owners. Respectfully, Chas. A. Pannell. In witness whereof I have set my hand and affixed my seal this the 17th day of February 1949. (s) Roy McGinty Jr. (L. S.) Publisher of The Chatsworth Times. Sworn to and subscribed before me this the 17 day of February, 1949. (s) J. W. Dooley (Ordinary's Seal) Approved February 8, 1950. MACONFLOOD CONTROLCHARTER AMENDMENTS. No. 600 (House Bill No. 807). An Act to amend 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 the 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 of 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 Acts amendatory thereof; and for other purposes, said Act having been approved on August 3, 1927, and appearing on pages 1283-1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said

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described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to amend Section 20 of said Act as amended, and as particularly amended by the Acts of 1939, page 1140, relating to the powers of the Mayor and Council by specifically providing that the City of Macon shall have full and ample power and authority, either alone, or in cooperation and conjunction with the County of Bibb, State of Georgia, or the United States of America, or any agency of any of them, to take all measures which the Mayor and Council may deem necessary or appropriate for control of the flood waters of the Ocmulgee River at and near the City of Macon, including, but not limited to, the right to acquire land by purchase, condemnation, or through condemnation proceedings by the United States of America, for the construction of a levee or levees, whether such land be within or without the corporate limits of the City of Macon, together with the right to maintain, repair, control, extend, alter, and generally to manage said levee or levees, to levy taxes and expend funds for such purposes, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The 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 the same passed since 1914, with certain changes in said Acts; To consolidate into one Act with such changes as may have become necessary and proper, all of 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 Acts amendatory thereof; and for other purposes, which said Act was approved August 3, 1927, and appears on pages 1283-1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, as the same has since been amended, and particularly as amended by the Act of the General Assembly of 1939 as appears in the Acts for 1939, page 1140, be further amended by adding at the end of the first paragraph of Section 20, a new paragraph which shall read as follows:

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The Mayor and Council of the City of Macon shall have full power and authority to take such measures as it shall deem appropriate or necessary for the control of the flood waters of the Ocmulgee River at and near Macon. To that end, the Mayor and Council of the City of Macon are authorized and empowered to enter into agreements with the County of Bibb, the State of Georgia, or the United States of America or any agency of any of them with respect to flood control matters hereinbefore or hereinafter described. Said Mayor and Council are further authorized and empowered to acquire land or rights in land, either within or without the corporate limits of the City of Macon by condemnation (including condemnation by the State of Georgia or the United States of America at the request of said Mayor and Council), purchase, gift or otherwise, for the purposes of taking flood control measures. Said Mayor and Council are authorized and empowered, either alone or in cooperation with other public agencies, to erect, construct, maintain, repair, extend, abandon, manage and control a levee or levees either within or without the corporate limits of said city, for flood control purposes. It is the intention of this paragraph to give the Mayor and Council plenary authority to deal with flood control matters affecting the City of Macon, and the enumeration of specific powers shall be held to be illustrative only and not exclusive of the powers hereby granted. Control of flood waters of Ocmulgee River. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Georgia, Bibb County. To whom it may concern: Notice is hereby given that application will be made to the 1950 session of the General Assembly of Georgia for the passage of the following bill, to wit: An Act to amend 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 the 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 of the Acts constituting the charter of the City of Macon and relating to the rights,

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powers, and duties of said corporation; to amend the said Act of 1914 and Acts amendatory thereof; and for other purposes, said Act having been approved on August 3, 1927, and appearing on pages 1283-1357, 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 whenever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to amend Section 20 of said Act as amended, and as particularly amended by the Acts of 1939, page 1140, relating to the powers of the Mayor and Council by specifically providing that the City of Macon shall have full and ample power and authority either alone or in cooperation and conjunction with County of Bibb, State of Georgia, or the United States of America, or any agency of any of them, to take all measures which the Mayor and Council may deem necessary or appropriate for control of the flood waters of the Ocmulgee River at and near the City of Macon, including, but not limited to, the right to acquire land by purchase, condemnation, or through condemnation proceedings by the United States of America, for the construction of a levee or levees, whether such land be within or without the corporate limits of the City of Macon, together with the right to maintain, repair, control, extend, alter, and generally to manage said levee or levees, to levy taxes and expend funds for such purposes and for other purposes. This 23rd day of December, 1949. E. S. Sell Jr., City Attorney. The Macon Telegraph. The Macon News. Macon, Ga. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and

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that advertisement as per attached clipping has been published in the Macon News on the following dates. December 29, 1949, January 5, 1950, January 12, 1950. Signed Florence J. Scott Sworn to and subscribed to before me this 12th day of January, 1950. Anna J. Harris Notary Public, Bibb County, Georgia. Notarial Seal Approved February 8, 1950. MACON CHARTER AMENDMENTS. No. 601 (House Bill No. 808). 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 Act; and particularly as amended by the Act of the General Assembly of Georgia approved March 28, 1947, and appearing on pages 1258 through 1261, both inclusive, of the published Acts of the General Assembly of Georgia of 1947; and by the Act of the General Assembly of Georgia approved March 9, 1945, and appearing in the published Acts of the General Assembly of Georgia for 1945 on page 1184; to repeal Section 12 of the Act of 1927 as amended by the Act of 1945

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relating to the election of the Mayor and Aldermen; to substitute in lieu thereof a new section to be known as Section 12 describing the time and number of Aldermen who shall constitute the Council; to repeal Section 70 of the Act of 1927, as amended by the Act of 1947, relating to pension or retirement provisions; 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: 1. Section 12 of the Act of the General Assembly of Georgia, approved August 3, 1927, and shown on pages 1298 and 1299 of the published Acts of the General Assembly of Georgia, as the same may have been amended, re-enacted or changed, and particularly as amended by the Act of the General Assembly of Georgia of 1945, and appearing in the published Acts of the General Assembly for 1945 on page 1184, is hereby repealed. There is substituted in lieu thereof a new section which shall be known as Section 12 and which shall read as follows: On the Second Tuesday in November, 1927, and on said date biennially thereafter, there shall be an election for Mayor and Aldermen, the number to be prescribed as hereinbefore set forth, who shall constitute the Council, and who shall each serve for a term of two years and until their successors are duly elected and qualified. Of the Aldermen of the City of Macon, an equal number shall reside in each of the wards of said city. At all city elections, the polls shall be open at seven o'clock a. m., and close at seven o'clock p. m. Mayor and Aldermen. Election. 2. Be it further enacted by the authority aforesaid that Section 70 of the Act of the General Assembly of Georgia approved August 3, 1927, as amended by the Act of the General Assembly of Georgia approved March 28, 1947, and shown in said latter Act as Section 1 be, and the same is hereby repealed. Sec. 70 former Acts, repealed. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott, who deposes and

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says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in the Macon News on the following dates. December 29, 1949, January 5, 1950, January 12, 1950. Signed Florence J. Scott Sworn to and subscribed to before me this 12th day of January, 1950. (s) Anna J. Harris Notary Public, Bibb County, Georgia. (seal) Georgia, Bibb County. To whom it may concern: Notice is hereby given that application will be made to the 1950 session of the General Assembly of Georgia for the passage of the following bill, to wit: 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 Act; and particularly as amended by the Act of the General Assembly of Georgia approved March 28, 1947, and appearing on pages 1258 through 1261, both inclusive, of the published Acts of the General Assembly of Georgia of 1947; and by the Act of the General Assembly of Georgia approved March 9, 1945, and appearing in the published Acts of the General Assembly of Georgia for 1945 on page 1184; to repeal Section 12 of the Act of

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1927 as amended by the Act of 1945 relating to the election of the Mayor and Aldermen; to substitute in lieu thereof a new section to be known as Section 12 describing the time and number of Aldermen who shall constitute the Council; to repeal Section 70 of the Act of 1927 as amended by the Act of 1947, relating to pension or retirement provisions; and for other purposes. The 23rd day of December, 1949. E. S. Sell Jr., City Attorney. Approved February 8, 1950. ROSWELL NEW CHARTER. No. 602 (House Bill No. 811). An Act to amend, consolidate, create, revise and supercede the several Acts incorporating the Town of Roswell, in the County of Fulton, and State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to change the name from the Town of Roswell to the City of Roswell; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a Mayor and Council and to define their powers and duties; to provide the punishment of violators or 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 Council members 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 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, Recorder's Court, City Council,

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abitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer, health officer, city attorney, recorder, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Roswell; 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 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 connection, the installation 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 appoint a recorder and to define his duty and term of office; to provide for and define a recorder's court, to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone or fire limits; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic 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 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

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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 Roswell; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the City of Roswell, 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 Town of Roswell, Fulton County, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Roswell 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 Roswell 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 Roswell, 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. Name. Powers. (a) Be it further enacted that said City of Roswell as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed

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to all the rights of said City of Roswell 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. (b) That said corporate body under the name and style of City of Roswell 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 by law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the City of Roswell 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. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Roswell are defined to be: Beginning at the southeast corner, where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek a boundary line, to the mouth of Oxbow Creek; thence north along Oxbow Creek to where the line of old Cobb County now Fulton County crosses said creek; thence west along the line of old Cobb County now Fulton and old Milton Counties now Fulton County to Canton Road; thence west to the northwest corner of Land Lot No. 388; thence south on a line with the west line of said Land Lot No. 388 to the southwest corner of Land Lot No. 381; thence east along the line of Land Lots Nos. 381, 418, 420 to a

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point where the south line of Lot No. 420 crosses the Chattahoochee River; thence in an eastern direction along the northern bank of said river to the starting point at the mouth of Vickery Creek. Corporate limits. Section 3. There is hereby established in said municipality a Recorder's Court, having jurisdiction to try offenses punishable by ordinances of the Mayor and Council. In addition said court shall sit as a commiting court, having such power and authority with respect to crimes punishable under statutes of this State as are now vested in justices of peace. The Mayor and Council shall select the first incumbent who shall serve until his successor be elected by the people, as hereinafter provided, or until his successor is elected and qualified. A successor to said incumbent shall be elected by the people, in the manner and at the same time herein provided for the Mayor, on the first Wednesday in November, 1950, and his term of office is fixed at two years. He shall take office along with the Mayor, and at the same time. Recorder. Section 4. Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said City of Roswell shall be vested in a Mayor and six Council members to be known as City Council. That the Mayor and Council members 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 Council member shall be for two years. Mayor and Council. (b) Be it further enacted by the authority aforesaid that the Mayor and Council member 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, street railways, automobiles, bicycles, carriages, drays, hacks, wagons, livery stables, sales stables, warehouses, storehouses, hitching places, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons,

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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 heretofore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. Powers. (c) That said City Council shall have the authority and power to negotiate for loans, to borrow money on behalf of the City of Roswell, 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. Loans. (d) That the Mayor and three Council members shall constitute a quorum for the transaction of any business before the City Council at its regular meeting, and the Mayor and four Council members 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. Quorum. (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 Council members 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 Council member when said officer is in said City and can be located. Special meetings. (g) That at any meeting any Council member shall have the right to call for an aye and nay vote upon any question requiring action by Council and such aye and nay vote will be taken if three Council members vote for same and the vote will be shown on the minutes of City Council. Voting. (h) That all meetings of City Council shall be public and the public shall be allowed at all times to witness and hear the

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deliberations of City Council, except when City Council resolves itself by a majority vote into executive session then the public shall be excluded. Meetings public. 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 November, the next general election shall be held in 1950, and at such general election 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 genthat general elections of said city shall be held annually on the vided 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. 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. Special elections. 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 Roswell, 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 seven o'clock a.m. and close at seven o'clock p.m. Eastern Standard Time, and no count of votes shall begin until after the polls are closed. The election holders or managers shall be appointed by City Council and shall take the following oath: Election regulations. 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

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skill, power and ability, so help us God. Oath of managers. (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. (c) The said election managers shall determine who are voters from the voters' list prepared by the registrars of the City of Roswell 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 Fulton Superior Court. Declaration of results. Appeals. (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. 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. (f) 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. (g) 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. Rules. 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

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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 Fulton Superior Court. Power of Council as to elections. Section 9. Be it further enacted by the authority aforesaid that the City of Roswell 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 Roswell 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 became an elector and participate in the elections of the City of Roswell 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 Roswell. Registration. (a) That the City Council shall appoint three citizens of Roswell 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. (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 of any election to be held by said city. (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: Voters' list. 1. Have died. 2. Have moved without the city limits.

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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 Roswell, 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 Fulton County, Georgia. Removal of name. (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. (f) That said registrars shall take the general oath required of the Mayor before performing any of their duties. (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. Section 10. Be it further enacted that the Mayor of said city shall be the chief executive officer of the City of Roswell. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced, and that all officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city. 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,

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or regulations 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 Council members present. The ayes and nayes 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. Veto. (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 Council member of the City of Roswell 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 of Mayor and Council members. The foregoing oath shall be deemed sufficient and adequate for any city official. (c) That the Mayor of said city shall preside over all meetings of City Council, and at the Mayor's court, and 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 in cases of a tie vote of council. 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 a Council member 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

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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 Roswell shall be eligible for the office of Mayor, or Council member who has resided in said State for two years and in said city six 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. Qualifications, Mayor and Council Members. 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, etc. (b) All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate books and records by the Clerk of said city open for reasonable inspection during office hours. (c) That the City Council shall have the authority to have prepared and published in a 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 Roswell, 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 Roswell, or any section or part thereof shall be admitted to record in any court of this State. City code.

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Section 14. Be it further enacted by the authority aforesaid that the City of Roswell 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, play grounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain. (b) The said city is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the city. (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, or whatsoever nature. The power and authority of eminent domain is granted to said city for these purposes and should eminent domain be exercised by the laws of Georgia in force at the time eminent domain is exercised by the city shall govern the procedure. 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 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 Recorder'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 Council member, 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 of Council. (b) There shall be a treasurer for the City of Roswell, the Clerk of Council may also be treasurer, whose duty it shall be

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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 Roswell 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 Roswell, 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. City 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, 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 Roswell. Other officers. (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

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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 Fulton County, Georgia. Power of Council as to officers. Dismissal. Appeal. 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 Roswell, including the Mayor and Council members. 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 officers. (g) That any official of the City of Roswell 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 certiorari to Fulton Superior Court if dissatisfied with the decision of City Council. Neglect of duty. (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 Roswell 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. Appearance bonds. (b) In the event the principal appears in Recorder's Court

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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. (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 Recorder'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 terms. Service may be personal or by leaving a copy thereof at the residence of defendant and/or surety. If at such return term of Recorder'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 when collected the funds are to be placed in the general funds of said city for its use. Forfeiture. (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 Roswell for trial. Warrants of 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 of 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. Tax returns.

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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 Roswell, 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 Roswell to make application for a license or permit and to pay a tax or license fee to the City of Roswell. 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 exemp from the payment of the same by the laws of this State or of the United States, but City 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 Roswell. Licenses. Permits. 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 the 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 suppression 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

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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 three ($3.00) dollars on each one hundred ($100.00) dollars worth of 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 of the United States, and may enforce the payment of the same 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. Tax powers. Street tax. Ad valorem taxes. 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 Roswell, 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 Council members of said City of Roswell 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

Page 2196

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 Roswell, 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 tax payer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Tax executions. 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, 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 Roswell. This action of City Council should be reflected in the minutes of City Council meeting. Tax assessors. Section 23. In the event City Council decides to appoint a board of tax assessors for the City of Roswell, 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 Roswell shall have been a citizen of Roswell 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: Qualifications. I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the City of Roswell 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. Their oath.

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Section 24. The board of tax assessors shall consist of three members, they shall 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. Members. Section 25. It shall be the duty of the board of tax assessors for the City of Roswell to carefully examine all returns of both real and personal property of each taxpayer in the City of Roswell, 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 himself 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 Roswell 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. Correction of returns. 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

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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. Property not returned. 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 made in the tax 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 Roswell shall be sufficient service. Notices to residents of the City of Roswell 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 Roswell a written request that the valuation placed upon the items changed or added by the board

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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 Roswell 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 taxpayers is dissatisfied and for which he wished the City Council to review. The City of Roswell likewise has the privilege of appealing from said board of tax assessors' decision to 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. Review by Council. City's appeal from assessors' 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 Roswell 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 Roswell as an arbitrator. As early as possible, and not later than the next regular meeting of City Council, the City of Roswell shall name a resident and freeholder of the City of Roswell as an arbitrator. The two arbitrators so named shall select a third resident and freeholder

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of the City of Roswell, 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. Section 29. Before entering upon their duties as arbitrators, 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 Roswell 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. Section 30. In the event that the City Council of Roswell 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 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. City Council as Assessors. 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 each appeal or arbitration. Property of Assessors. 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 Roswell, the

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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 of the City Council in determining the values of property and apply these rules to the property they have under consideration during the arbitration. Rules for valuation. Section 33. Be it further enacted by the authority aforesaid that the City of Roswell 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 and fi. fas. (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 of fi. fa. is issued. The same may be recorded in the records of the Clerk of Fulton Superior Court and shall have the same dignity as an execution or fi. fa. issued from Fulton Superior Court. (c) The City of Roswell 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,

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sales, execute the necessary deeds and other instruments and place the purchasers in possession. Levy and sale. (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 Fulton Superior Court. Illegalities. Section 34. Be it further enacted by the authority aforesaid that the City Council of the City of Roswell shall 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, 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 Roswell, and assess any portion or the entire cost of such grading, regarding, 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 width 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 Roswell, 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 Fulton County and against Fulton County, according to

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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 other property and the owners thereof by execution issued against such property and such owners. Sidewalks, streets, etc. Section 35. Be it further enacted by the authority aforesaid that said City of Roswell 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 owner 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 of value of said real estate one or more or all as may be determined by City Council. Cost of improvements. 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

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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 the Superior Court of Fulton 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. Collection of assessments. Illegalities. 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 co-equal 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. Assessment liens. 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 otherwise improving the streets, sidewalks, ways and/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. Power of Council as to grading, paving, 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. 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 Roswell 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 certificates or bonds to cover the estimated cost thereof, which

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certificates or bonds shall in no event become a liability of the City of Roswell, but shall be payable solely from assessments made against real estate under the provisions of this Act, and sell 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 Roswell by the Mayor, attested by the Clerk of Council of said city, and shall have 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. Street improvement certificates or bonds. 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. Payment of assessments. Section 42. Be it further enacted by the authority aforesaid that the provisions of this Act shall likewise apply to any new sewer or water lines or mains the City of Roswell through its City Council may deem necessary to construct or rebuild; and the City Council shall have the same power and authority as

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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 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 improvement bonds, sewer and water certificates or sewer and water bonds, as the case may be. Sewer and water lines. Section 43. Be it further enacted by the authority aforesaid that no paving or repaving of any of the streets of the City of Roswell 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 or property, determined as aforesaid, within fifteen days after the publication in any newspaper in the City of Roswell of a notice by the Clerk of the City Council of Roswell 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 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

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project 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 Roswell, 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. Procedure to authorize improvements. 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 Roswell 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 Roswell under the corporate seal of said City of Roswell, and shall be negotiated in a manner determined by said City Council to be 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 at an election held for that purpose, under and in conformity with the general laws of the State governing the issuance of bonds by a municipal corporation. Bonds.

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(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 the 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. Bond elections. 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, to 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 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 Roswell to connect with the 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 Roswell may make or have made the sewer connections and the the costs thereof shall be assessed against the property and owner of such property upon which such 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. Toilets, privies, etc.

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Section 47. Be it further enacted that the City Council of Roswell 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 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 lien 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. Water closets and toilets in stores, business houses, etc. 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. 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 Roswell, 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 Roswell to impound or kill any dog or dogs at large within the corporate limits of Roswell whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Dogs. (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.

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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 a 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 Roswell; 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. Police and welfare powers, etc. 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 Roswell 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 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 alightment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the Mayor and Councilmen of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination

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and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. 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 safekeeping 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 Recorder'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. Jail and public works camp. Section 53. Be it further enacted by the authority aforesaid that the Recorder'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 6 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and 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 Recorder'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. Recorder's Court. Section 54. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of Recorder's Court shall be had to the Superior Court of Fulton County and

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shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Certiorari from Recorder'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 of 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 Roswell 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 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 protection regulations. (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 material may be used in erecting or repairing or remodeling such house or building. (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. (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 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 of any property therein as to 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.

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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 of spread of infectious diseases. The officers who perform this duty shall not be liable to answer therefore 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 Roswell in its corporate capacity shall be liable to the owner thereof only for the actual cash value therefor and shall not be liable for any prospective damages in connection therewith. Destruction of dangerous buildings. Section 56. Be it further enacted by the authority aforesaid that the 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 general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital. Hospital. Section 57. Be it further enacted, that the Mayor and Councilmen 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 Roswell, however, this exemption can not exceed five years. Advertising. and promotion. Libraries, hospitals, etc.

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(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. Donations to city. Section 58. 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 Roswell 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 Roswell. Subdivisions of land. Section 59. Be it further enacted that the City Council of the City of Roswell shall have power to authorize the Marshal or any policeman of said city to summon, orally or otherwise, any bystander or an 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 privileges of a regular policeman of said city. Arrests. Section 60. 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 permits. Section 61. Be it enacted by the authority aforesaid that the

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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. Regulation of vehicles. Section 62. Be it enacted by the authority aforesaid that the Mayor and Council members 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. Section 63. Be it enacted by the authority aforesaid that 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 Roswell 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. Levy and sale. Section 64. 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 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 running at large. Section 65. Be it further enacted, that all unliquidated claims against said City of Roswell shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors or other person laboring under disabilities, who are allowed twelve months after the removal of such disability. Claims against City.

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Section 66. 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 Roswell to provide for and to punish any person or persons found guilty of loitering or vagrancy. Loitering and vagrancy. Section 67. Be it further enacted that the City of Roswell 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 68. Be it further enacted that the City Council 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, explosives, etc. Section 69. 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 or maintaining or carrying on a nuisance. In the event a nuisance is abated at any expense or cost to the City of Roswell 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 Roswell 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 70. Be it further enacted that the City Council shall have full power and authority to establish a fee-bill for the

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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 insofar 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. Fees. Section 71. 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 its use and redistribution, to general 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 in this section. Public utilities. Section 72. 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 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 regulations. Section 73. 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 of health conditions of said city or of the inhabitants thereof. Alcoholic beverages. Section 74. Be it further enacted by the authority aforesaid that the Recorder of said City shall have the power and authority

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to hold a court to be known as Recorder's Court at such time and place in said city 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 bylaws, rules, regulations, ordinances, or laws of said city. Recorder's Court. (b) The Recorder 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 fifty ($250.00) dollars, or by confinement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the Recorder or City Council, not to exceed ninety (90) 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 ninety (90) days. The Recorder may sentence the defendant to either one or more of said penalties or any part thereof. 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 Recorder may also require that the costs of prosecution shall be paid by the defendant. Jurisdiction. Punishments. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said Recorder'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. Executions. (d) The City Council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in Recorder'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. Costs. (e) The Recorder of said city shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense,

Page 2219

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 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 Recorder, 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 of said city has been violated, then the Recorder 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 Recorder 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. Recorder as justice of the peace. (f) That the Mayor may serve as the recorder when the Recorder is absent, disqualified, or unavailable to serve, and should both the Recorder and Mayor be absent, disqualified or unavailable to serve, the Council member of said City may serve as presiding officer at Recorder's Court. Mayor or Council Member as Recorder. Section 75. 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. If part invalid. Section 76. 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. Georgia, Fulton County. Before the undersigned officer, duly authorized to administer oaths, personally appeared Luther Alverson, Esquire, who, on oath, says: Deponent is a member of the General Assembly of Georgia, a representative from Fulton County, and the author of the bill to which this affidavit is attached. Deponent says that said

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bill, being a local bill, affecting Fulton County only, was advertised in the manner required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, and that the attached is a true and correct copy of the advertisement run in Fulton Daily Report, the public gazette of Fulton County, in which sheriffs' sales are advertised. Luther Alverson Sworn to and subscribed before me this the 10 day of January, 1950. Edna W. Duncan Notary Public, Georgia, State at Large Notary Public, Fulton County, Georgia My commission expires April 1, 1952 Notarial Seal Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the Town of Roswell intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia to amend, revise and create a new charter for the Town of Roswell the title to such bill, or bills, to be as follows: An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Roswell in the County of Fulton, the State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to change the name from the Town of Roswell to the City of Roswell; to provide a municipal government therefor; to define the territorial limits of said town; to provide for a Mayor, Council and Recorder, 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 Council members, and to define their qualifications, and for other purposes.

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This December 19th, 1949. Town of Roswell, By: William E. Spence, City Attorney 414 Connally Bldg. Dec. 19 26 tfn Whereas, the Mayor and Council of the Town of Roswell realizing the need of a modern and up-to-date charter for said town, and Whereas, the business men's club is co-sponsoring with said town the adoption of a new charter, and Whereas, some 200 voters and citizens of said town have petitioned the Mayor and Council for its adoption, and Whereas, the City Attorney was instructed to prepare a new charter for said town, and Whereas, he has presented to a committee appointed by the Roswell Business Men's Club and to the Mayor and Council a proposed new charter, and Whereas, said committee has expressed approval of said proposed new charter, Now, therefore, be it resolved by the Mayor and Council of the Town of Roswell, after having thoroughly considered said proposed new charter, do therefore agree that its passage will be to the best interest of the citizens of said town. We hereby approve the same and request our Senator and Representatives to seek its passage at the January session of the General Assembly of Georgia. Be it further resolved that a copy of this resolution be sent to the Governor, our Senator and each member of the House of Representatives from Fulton County. This January 2nd, 1950. V. M. Garrett Mayor Beatrice E. Rider City Clerk

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I, Beatrice E. Rider, City Clerk, for the Town of Roswell, Georgia, do hereby certify that the above and foregoing resolution was passed by the Mayor and Council on January 2nd, 1950. Beatrice E. Rider City Clerk Clerk Seal Approved February 9, 1950. FULTON COUNTY RETIREMENT SYSTEMAMENDMENTS. No. 603 (House Bill No. 814). An Act to amend the Fulton County Employees' Pension Code, which is the Act approved March 3, 1939 and published Georgia Laws 1939, pages 571 to 579 as heretofore amended so as to provide for the exclusion from the Fulton County Pension System established by the above-named law of all officers, deputies and employees eligible to participate and electing to participate in the Employees Retirement System of Georgia established by the Act of the General Assembly of Georgia approved February 3, 1949; to provide for the transfer to said Employees Retirement System of Georgia of the equity of persons so choosing to participate in the pension fund established and maintained pursuant to the Fulton County Employees' Pension Code; to provide for the withdrawal by persons so transferring of all their contributions heretofore paid into the pension fund provided by the Fulton County Employees' Pension Code 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 Fulton County Employees' Pension Code which is the Act approved March 3, 1939 and published Georgia Laws 1939, pages 571 to 579 as heretofore amended is further amended by adding thereto a new section to be designated as Section 42 which is hereby enacted to read as follows: Act of 1939 amended.

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Section 42. All officers, deputies and employees who have heretofore been members of the pension system established by the Fulton County Employees' Pension Code, which is described in the title to this Act and who being eligible to do so have elected to participate in the Employees' Retirement System of Georgia established by the Act of the General Assembly of Georgia approved February 3, 1949, shall cease to be members of the Fulton County pension system so established and maintained pursuant to the Fulton County Employees' Pension Code, effective with the approval of this amendment. Any officer, deputy or employee who, being eligible to do so, may hereafter become a member of said Employees' Retirement System of Georgia, shall cease to be a member of said Fulton County pension system effective with commencement of membership in the Employees' Retirement System of Georgia. Upon receipt by the secretary of proof that any person heretofore participating in said Fulton County pension system has become a member of the Employees' Retirement System of Georgia so established by the Act approved February 3, 1949, the total amount of the contribution of such person to said Fulton County pension fund shall be transferred to the Employees' Retirement System of Georgia by check payable to the Employees' Retirement System of Georgia, drawn upon the pension fund established and maintained pursuant to the Fulton County Employees' Pension Code. With the exception of the right to transfer funds provided by this section every right of a member so transferring to the Employees' Retirement System of Georgia, or of his other personal representative or beneficiary, in and to said county pension fund or to pension or retirement benefits or other sum payable therefrom shall cease and determine effective with commencement of membership in said State Pension System. Transfer of employees to State retirement system. Contributions. Section 2. Be it further enacted that a new section to be designated as Section 43 be and the same is hereby added to said Fulton County Employees' Pension Code and is hereby enacted to read as follows: Section 43. Persons hereafter employed in Fulton County whose salaries are paid in whole or in part by the Treasurer of Fulton County or out of county funds of Fulton County and who participate or are required to participate in the Employees'

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Retirement System of Georgia established by said Act approved February 3, 1949 and their beneficiaries shall be excluded from participation in the pension system and all benefits established by the Fulton County Employees' Pension Code. Such employees not to participate in County system. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that if any part, phrase, clause, sentence, paragraph 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 which the General Assembly intends shall remain in force as if such Act had been passed with the unconstitutional portion or portions thereof eliminated. If part invalid. Section 4. Be is 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 5. 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 III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, say that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 30th day of December, 1949, and once each week thereafter for 2 consecutive weeks as provided by law. (s) A. M. Kempton

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Subscribed and sworn to before me this 16th day of January, 1950. (s) Frank Kempton (Notarial Seal) Notary Public, Fulton Co., Ga. Notice of Intention to Apply for Local Legislation. Notice is respectfully given of intention to introduce at the session of the General Assembly of the State of Georgia to convene January 16, 1950 legislation to amend the Fulton County Employees' Pension Code which is the Act approved March 3, 1939 (Georgia Laws 1939, page 571) as amended, so as to provide for the exclusion from the Fulton County pension system as established by the above named law of officers, deputies and employees eligible and choosing to participate in the Employees Retirement System of Georgia established by the Act of the General Assembly of Georgia approved February 3, 1949; also to provide for the transfer to said Employees Retirement System of Georgia of the equity of persons so transferred in the county pension fund established and maintained pursuant to the Fulton County Employees Pension Code. W. S. Northcutt County Attorney Dec. 30, Jan. 6, 13. Approved February 8, 1950. NEWTON COUNTY TREASURER'S SALARY. No. 604 (House Bill No. 818). An Act to amend that certain Act of the General Assembly of Georgia approved March 30, 1937 (Georgia Laws 1937, pp. 1394-1395) and all Acts amendatory thereof, relating to the salary of the Treasurer of Newton County and so as to provide that the salary of such Treasurer shall be $1200.00 per year; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

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Section 1. That Section 1 of that certain Act of the General Assembly of Georgia approved March 30, 1937 (Georgia Laws 1937, pp. 1394-1395) and all Acts amendatory thereof, be and the same is hereby amended by striking from said section the words and figures eight hundred ($800) dollars and by substituting in lieu thereof the words and figures twelve hundred ($1200.00) dollars, so that said section as and when amended shall read and be as follows, to wit: Act of 1937 amended. Section 1. That from and after the passage and approval of this Act unless a vacancy occurs by death or otherwise, the Treasurer of the County of Newton of said State shall be paid a salary of twelve hundred (1200.00) dollars per annum for his services as such Treasurer, and he shall not receive any fees, commissions or other prerequisites from said office, except the Commissioner of Roads and Revenues of said county shall, and is hereby authorized, to pay the premiums on the bond required by law to be given by said Treasurer, out of the general county funds, which together with the salary above provided, shall be in full for all services rendered by him as such Treasurer. Salary. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Jan. 17, 1950 This is to certify that the attached legal notices were published in this newspaper for three issues. Bookkeeper, Covington News, Covington, Georgia. (s) W. H. Budd (Notarial Seal) N. P. My commission expires Oct. 23, 1951. Notice. Representative, Newton County Notice is hereby given that it is my intention to introduce legislation in the next session of the General Assembly of Georgia to provide that the Treasurer of Newton County shall be paid the sum of $1200.00 per year for his services as such Treasurer, and he shall not receive any fees, commissions or other funds from said office. This December 15, 1949. Robert H. Stanton, Jr. Representative, Newton County Approved February 8, 1950.

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BLAKELY CITY COURT AMENDMENTS. No. 605 (House Bill No. 829). An Act to amend the Act establishing the City Court of Blakely, in Early County, State of Georgia, provided for by Georgia Laws of 1906, page 161, by conferring upon the said court authority to try and adjudicate issues made by counter-affidavits filed to dispossesory warrants; and to confer upon the tax levying authority of Early County the power to levy a tax to pay the salary of the Judge of the City Court of Bleckly. 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 adopted in the year 1906 (Georgia Laws of 1906, p. 161) be and the same is hereby amended, by adding to Section I of said Act the following: The City Court of Blakely, in the County of Early, State of Georgia, shall have the authority to try and adjudicate all issues of law and of fact made by counter-affidavits filed to dispossessory warrants issued by any judicial officer having authority to issue dispossessory warrants and returned to the City Court of Blakely. Jurisdiction, dispossessory proceedings. Section 2. The Board of County Commissioners of Early County, Georgia, or the tribunal in which the authority is vested by law to levy taxes for county purposes, is hereby vested with the power to levy a tax for the purpose of paying the salary of the Judge of the City Court of Blakely, as fixed by the Act creating the City Court of Blakely, and amendments thereto. Tax to cover Judge's salary. Section 3. All laws in conflict with this Act are hereby repealed. Notice of Local Legislation I will introduce in the General Assembly of Georgia, session of 1949, a bill to amend the Act of the General Assembly creating the City Court of Blakely (Georgia Laws of 1906, 161) so as to confer upon said court the authority to try and adjudicate issues made by counter-affidavits filed to dispossessory warrants in all cases where warrants to dispossess tenants are issued and counter-affidavits filed thereto; and to authorize the taxing authority of Early County to levy a tax to pay the salary of the

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judge of said court, as provided for in said Act creating said court. This January 12th, 1949. L. H. Baughman, Member General Assembly of Georgia. I, A. T. Fleming, hereby certify as follows: That I am editor of the Early County News, a newspaper published at Blakely, Early County, Georgia, in which the sheriff's legal advertisements for said county appear; that the notice of local legislation, of which the foregoing writing is a copy, was published in said newspaper once a week for three weeks during a period of sixty days, subsequent to January 12th, 1949, and prior to January 16th, 1950. This January 16th, 1950. A. T. Fleming Editor, Early County News. P. O. Blakely, Ga. Approved February 8, 1950. AMERICUS TAX RATES CHARTER AMENDMENTS. No. 606 (House Bill No. 850) An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus, to confer additional power upon the Mayor and City Council of Americus, and for other purposes, approved November 11, 1889, and as amended August 20, 1923, March 24, 1941 and February 17, 1949, authorizing the Mayor and City Council of Americus to assess, levy and collect an ad valorem tax for specified purposes and to fix the amount of same for each purpose: and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same. Section 1. That an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to

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the City of Americus, to confer additional power upon the Mayor and City Council of Americus, and for other purposes, approved November 11, 1889, and as amended August 20, 1923, March 24, 1941 and February 17, 1949, authorizing the Mayor and City Council of Americus to assess, levy and collect an ad valorem tax for specified purposes and to fix the amount of same for each purpose, be and the same is hereby amended as follows: Acts amended. Paragraph 1. By striking that part of Paragraph 1 of Section 1 of said Act as amended February 17, 1949, and designated as subparagraphs lettered (a), (b) and (c) under Sec. 23 of said Act as amended February 17, 1949, and inserting in lieu thereof the following: (a) To defray the ordinary annual expense of the city government, a tax not to exceed three (3) mills on each dollar of the value of the property taxable in said city; Ad valorem taxes, amounts and allocation. (b) To maintain a system of public schools, as now established by law, a tax not to exceed eight and one half (8) mills on each dollar of the value of the property taxable in said city; (c) To pay all other expenses and to pay all indebtedness of said City of Americus and of the Mayor and City Council of Americus, including principal and interest on all bonds now issued and outstanding or hereafter to be issued, including the indebtedness commonly called floating indebtedness, a tax not to exceed two (2) mills on each dollar, of which said two mill levy one mill shall go to the Bond Commission for the retirement of bonds, both principal and interest as aforesaid, and one mill shall go to the general fund of said city for the retirement of said floating indebtedness, and all other expenses and indebtedness. 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. Georgia, Sumter County. Personally came before the undersigned officer, authorized by the laws of said State to administer oaths, J. R. Blair, who, being duly sworn on oath says that he is publisher and editor of the Americus Times Recorder, the newspaper in which the sheriff's advertisements of said county are published.

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Deponent further says that the attached notice of intention to apply to the General Assembly of Georgia for the passage of a local bill was published in the issues of said newspaper on the following dates: Dec. 9th, 16th, 23rd, and 31st, 1949. And that the attached clipping was taken from the issue for Dec. 31st, 1949. (s) J. R. Blair Sworn to and subscribed before me this January 14th, 1950. (s) W. M. Walters (seal) Notary Public, Sumter County, Ga. Notice of Intention to Introduce Local Bill in the Next Session of the Legislature of Georgia as Provided in the Code of Georgia, Section 2-1915 on the Part of the Mayor and City Council of Americus, Georgia. The caption of said bill is as follows: An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus to confer additional power upon the Mayor and City Council of Americus and for other purposes, and especially an Act approved August 20, 1923 as amended March 24, 1941, and as amended February 17, 1949, authorizing the Mayor and City Council of Americus to assess, levy and collect an ad valorem tax for specified purposes and fix the amount of same for each purpose, to fix the levy of ad valorem tax at not more than thirteen and one half (13) mills and to provide for allocation of the amount fixed for certain specified purposes, and for other purposes. Approved February 8, 1950. AMERICUS RETIREMENT SYSTEM. No. 607 (House Bill No. 851). An Act to create a system of retirement for employees of the City of Americus; for the benefits to such employees due to any accident or illness; a method for providing the funds for all such benefits; to provide for the investment of such funds; to provide for a retirement board of trustees for the general

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administration and responsibility for the proper operation of the system; to prescribe the duties of the members of said board; to provide when an employee shall be eligible for retirement under such plan; to provide the benefits to the employee upon retirement under such plan; to provide for an employee leaving the service of the City of Americus to withdraw a percentage of his contribution to the fund and under what conditions an employee may become eligible for the benefits under such plan should such employee return to the service of the City of Americus; to define what employees are subject to the provisions of this Act; and for other purposes so as to create a complete system of retirement and pension pay for the employees of the City of Americus. 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 created a system of retirement for employees of the City of Americus and benefits to such employees due to any accident or illness, a method for providing a fund for the payment of all such benefits, which fund shall be deposited with the Clerk of the Mayor and City Council of Americus 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 purpose provided in this Act and shall be collected, administered, and disbursed according to the provisions of this Act. Retirement system created. Section 2. From and after the passage and approval of this Act, the Mayor and City Council of Americus shall levy each pay day upon the salaries or per diems of each and every employee of said city to benefit hereunder a tax of not more than three (3%) per cent of the salary or per diem due and payable to such employee 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 Mayor and Council appropriate from the funds of said city and pay into the retirement fund hereby created a sum of money equal to the aggregate amount of said tax on said salaries and per diems of all the employees affected hereby. Contributions. Matched by City.

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Section 3. Any funds on hand in excess of those required for immediate use may be invested by said board, hereinafter created, in United States Bonds, State of Georgia bonds, or in any form of securities in which it is lawful for guardians to invest their ward's money under the laws of this State. Investments. 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 one Councilman selected by the Mayor and City Council of Americus, the Mayor of the City of Americus, the City Clerk, one employee to be chosen by a majority vote of the city employees affected hereby, assembled for such purpose and presided over by the City Clerk (who shall certify the election of said employee as a member of said board to the Mayor and City Council of Americus) 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 the employees and the private citizen member chosen as above provided for, shall each be for a term of two (2) years and until a successor has been selected and qualified; the term of the Mayor, Clerk and Councilman on said board shall be for the same length of time that they remain in office, as such Mayor, Clerk and Councilman. Board of Trustees. 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 valid and binding as to all business which they may transact as such Board. Vacancies. Section 6. The members of the retirement board shall serve without compensation. Compensation. Section 7. The Retirement Board shall establish reasonable rules and regulations for the purpose of administering this Act. Station 8. Any employee dissatisfied with the action of said Retirement Board shall have the right to appeal to a jury in the Superior Court of Sumter County within thirty days from the date of such action by said board, but such employee shall defray all expenses of appeal from any action taken by said board. Appeal from action of Board.

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Section 9. Each member of the Retirement Board shall, before assuming office, take and subscribe to an oath of office and file a copy of the same with the Clerk of the Mayor and City Council of Americus. The oath of office shall be as follows: Oath of members. So far as it devolves upon me as a member of the Retirement Board of Trustees of the City of Americus, I will diligently and honestly administer the affairs of said Board, and will not knowingly or wilfully violate or permit to be violated any of the provisions of the law applicable to the retirement system. So help me God. The oath may be taken and subscribed before any officer authorized to administer oaths under the laws of Georgia. Section 10. It shall be the duty of all board members to attend all sessions of board meetings, but three members shall constitute a quorum which shall have power to compel 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 valid and binding. Meetings. Section 11. Monies shall be withdrawn from the fund created by this Act only by checks drawn by a person 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 12. Retirement eligibility. (a) To be eligible for retirement under this Act an employee must have attained the age of 60 years or must have been an employee of said city an aggregate of twenty five years. (b) Any employee who completed twenty-five years of service with said city on the first day of January, 1950, but who has has not become sixty years of age before January 1st, 1950, shall be required to work five years after January 1st, 1950, unless the sixtieth birthday of such employee is reached during the five year period, or unless such person becomes totally and permanently disabled. Retirement eligibility. (c) Any employee who on January 1st, 1950, was already sixty years of age or over can participate in the retirement plan by continuing to work an additional five years after January 1st, 1950, and by making the regular contributions to the fund, or may be retired and receive such retirement income as the contributions

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or appropriations by the Mayor and City Council of Americus, to the fund on his or her behalf will permit; provided such employee's benefits hereunder shall be in the same amounts as such employee would have received had he been contributing to said fund for five years before his retirement. (d) Any employee of said city may be permitted to work beyond the age of sixty 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 13. Retirement benefits. (a) Any employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of life in the sum equal to not more than $100.00 per month based upon the average monthly salary for the five years immediately preceding the retirement or upon the monthly salary at retirement age, whichever is greater, but neither of which shall exceed $200.00 per month; provided the employee has completed twenty-five years 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 or of the average monthly salary for five years immediately preceding the date of retirement, whichever is greater. For illustration, if the salary or average salary received be $100.00 per month and twenty-five 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 twenty-five years of service to the City of Americus, 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 twenty-five years aggregate years of service at retirement that his years of service bears to twenty-five years. Said benefits shall be paid to said retired employee from the retirement fund herein provided for on the first day of each calendar month until the death of said employee. Retirement benefits. (b) The Retirement Board, may, in its discretion, provide for the payment of monthly benefits in case of total or permanent disability of an employee due to accident or disease. The

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amount of such benefits and their duration shall be fixed by the Retirement Board. The monthly payments, however, shall in no event, exceed the maximum amount fixed in paragraph (a) of this section at retirement age. Disability benefits. (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 per centum, shall be paid to his or her heirs at law, or to any person, firm or corporation designated by such employee in writing, or to his personal representative. Such designation in writing to be filed with the Clerk of the Mayor and City Council of Americus. Return of contributions. (d) Should a retired employee die without having received in retirement benefits a sum equal to the amount he or she has paid into the retirement fund, then the difference between the amount paid into the fund by the employee and the amount received by the employee in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the Board, to the heirs at law of said deceased employee or to any person, firm or corporation designated by such employee in writing before his or her death, or to his or her 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 14. Any employee leaving the service of the City of Americus, 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 per centum shall remain in said fund; provided, however, that any employee who leaves the service of said city and withdraws the amount of his contribution 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 per cent thereof into said retirement fund. Employees leaving service.

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Employees who are separated from the service for a period not exceeding twelve months shall suffer no break in service, insofar as the pension plan is concerned, except the actual time out of service. This provision shall not apply to an individual employee more than one time. Employees who are separated from the service for a period exceeding twelve months shall have their full pension status restored only after ten years consecutive service with the city. During the ten year period, service accrual, insofar as the pension plan is concerned, will be dated from the date the employee returns to service. After the ten years consecutive service has been completed, the board shall add all previous service of the employee with the city, not to include the time out of service, and shall establish the service date for such employee based upon the sum total of all periods of previous service with the city. If an employee has received a refund of his contribution to the City of Americus pension fund, as outlined above, and later returns to the employ of the city, as provided herein, he shall repay to the pension fund the full amount of such refund, on or before the date on which it is necessary for such amount to be credited to his account in order to make effective the full force of his pension credits. In lieu of cash payment, such repayment may be made through payroll deductions in an amount of not less than 5% nor more than 10% of the basic wage per week, or per month, provided that such repayment shall be begun in sufficient time to meet the foregoing provisions. Amount of repayment to be considered as a saving plan and credited to the employee's account, without interest, and not to be affected as far as the pension plan is concerned until the employee has completed his ten consecutive years of service. If the employee is to retire before completion of the ten years consecutive service, the amount is to be refunded to him in a lump sum. This amount is not to be matched by the city. Employees returning to service. Section 15. Employees subject to the provisions of this Act shall be all regular employees of the City of Americus on a salary or per diem basis, such as the City Engineer, the City Clerk and Treasurer, firemen, policemen, clerks, mechanics and persons of skill. Occasional employees and day laborers may

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or may not be included subject to the rules established regarding them by the board, but shall not include the Councilmen or Aldermen, the Recorder, the City Attorney, Veterinarian, City Physician, or non-salaried members of any board, bureau or commission. What employees included. Section 16. All of the provisions of this Act are hereby made applicable to the school teachers, teaching in a public school system of the City of Americus, and, insofar as this Act is concerned they are to be considered employees of said city upon their compliance with the terms of this Act and are subject to all of its terms. School teachers. Section 17. 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 the 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. Section 18. None of said retirement funds nor any of the benefits provided under this Act shall ever be subject to the process of garnishment, nor shall same be subject to assignment for any purpose. Garnishment, assignment. Section 19. In the event an employee, as defined by this Act, shall become eligible to participate in and receive a pension from any other retirement plan, other than one resulting from military service, the employee is hereby required to elect in writing the pension plan in which the employee shall participate, and in no instance shall the employee participate in more than one retirement plan. Election between plans. Section 20. 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 3% of their

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salary at which they return to work upon an amount equivalent to the sum they would have received as salary during the period they were in said armed services and said city shall pay an equal amount into the said retirement fund, so that such returning employees shall stand on the same footing as employees on whose salaries the 3% 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 the same over to said Retirement Board from time to time as may be provided for by rule, order or resolution of said Retirement Board in order to catch up on the amounts due such retirement fund by such returning employee or employees. Service in armed forces of U. S. Section 21. In the event the City of Americus, through its governing authorities, in cooperation with other governmental subdivisions, contributes to the salary or to the funds from which salaries are paid in the maintenance or operation of any agency, authority, or department, the Mayor and City Council of Americus is authorized to make payment to the pension fund of such other governmental agency or subdivision, authority or department, in proportion to the contributions made by the city to the salaries of such employees. Section 22. Should any provision of this Act be held to be unconstitutional without such unconstitutionality being of such nature as to void the entire Act or to defeat its beneficient 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 invalid. Section 23. 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. Georgia, Sumter County. Personally came before the undersigned officer, authorized by

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the laws of said State to administer oaths, James R. Blair, who, being duly sworn says that he is publisher and editor of the Americus Times Recorder, the newspaper in which the sheriff's advertisement of said county are published. Deponent further says that the attached notice of intention to apply to the General Assembly of Georgia for the passage of local bill was published in the issues of said newspaper on the following dates: Dec. 9th, 16th, 23rd, 30th, and 31st, 1949. And that the attached clipping was taken from the issue for Dec. 31st, 1949. (s) James R. Blair Sworn to and subscribed before me this January 14th, 1950. (s) W. M. Walters. (seal) Notary Public, Sumter County, Ga. Legal No. 4109. Notice is hereby given in accordance with Code Section 2-1915 of the Code of Georgia of 1933 of the intention of the Undersigned to apply to the next session of the General Assembly of Georgia for the passage of a bill to provide for a pension system for retirement of all employees of the City of Americus; to establish a general retirement fund and for the administration of such general retirement fund; to provide for contributions to be made to the general retirement fund by all city employees; to specify certain rules for retirement on pension for all city employees of the City of Americus including school teachers teaching in the system of schools of said city and to also include firemen and policemen; to provide for the amount of retirement allowance of such employees and the method of payment thereof to provide for the withdrawal of contributions by employees; to repeal all Acts in conflict herewith except as their provisions relate to the pensions of persons in the service of the city on the effective date of this Act; and for other purposes. This Dec. 5th, 1949. Mayor and City Council of Americus By H. B. Williams City Attorney Approved February 8, 1950.

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CANDLER COUNTY COMMISSIONERS' BONDS. No. 608 (House Bill No. 854). An Act to amend an Act creating the Board of Road and Revenue Commissioners for Candler County, approved March 23, 1933 (Georgia Laws 1933, page 430), as amended by an Act approved March 3, 1943 (Georgia Laws 1943, page 843), and as further amended by an Act approved February 9, 1949 (Georgia Laws 1949, page 407), so as to reduce the bond of the Chairman of said Board and the other two members 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 an Act creating the Board of Road and Revenue Commissioners for Candler County, approved March 23, 1933 (Georgia Laws 1933, page 430), as amended by an Act approved March 3, 1943 (Georgia Laws, 1943, page 843), and as further amended by an Act approved February 9, 1949 (Georgia Laws 1949, page 407), is hereby amended by striking from Section 5 thereof, as amended, the figure, $25,000.00, and substituting in lieu thereof the figure, $10,000.00, and by striking therefrom the figure, $10,000.00, and substituting in lieu thereof the figure, $5,000.00, so that said Section 5, when so amended, shall read as follows: Acts amended. Section 5. Be it further enacted by the authority aforesaid, that the members of said Board of Road and Revenue Commissioners herewith named, and their successors in office, shall, before assuming the duties of their office, take and subscribe the following oath of office: `I do solemnly swear that I will well and truly discharge the duties of Commissioner of Roads and Revenues of Candler County in all matters requiring my official action, to the best of my knowledge and ability; and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire country; so help me God.' The Chairman of said Board shall give bond in the sum of $10,000.00 payable to the Ordinary of said County of Candler and his successors in office conditioned for the faithful performance of his duties as such Chairman, which bond shall be filed, approved and recorded by said Ordinary in his office. The other

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two members of the said Board shall give bond in the sum of $5,000.00 each, payable to the Ordinary of said County of Candler and his successors in office, conditioned for the faithful performance of their duties as Commissioners, which bonds shall be filed, approved and recorded by said Ordinary in his office. The premiums on the bonds as set out in this section shall be paid from the general funds of Candler County. Oath of Commissioners. Bonds. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned will during the 1950 session of the General Assembly of Georgia, introduce a bill to amend the Act of the General Assembly creating the Candler County Board of Commissioners in 1933, and amended in 1949, by reducing the bond of the Chairman of the Board of Commissioners from $25,000 to $10,000 per year, and the bonds of the other two members of the board from $10,000 to $5,000 per year each. This Dec. 8, 1949. Dec. 8-15-22. F. H. Sills Representative, Candler County Georgia, Candler County. I, R. G. Daniell, being first duly sworn, on oath say; that I am publisher of the Metter Advertiser, a weekly newspaper and the official organ of Candler County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for local legislation, which notice appeared in the said newspaper in issues dated December 8, 15 and 22, 1949. (s) R. G. Daniell R.G. Daniell Subscribed and sworn to before me, 5th day of Jan. 1950. (s) Evelyn A. Jones C. S. C. C. Co., Georgia. Clerk Seal. Approved February 8, 1950.

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ATHENS PENSION AND RETIREMENT SYSTEM. No. 609 (House Bill No. 855). An Act to amend an Act approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, and as amended by the several subsequent Acts amendatory thereof, so as to provide means for the furnishing aid, relief, and pensions to members of 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 employed by the Mayor and Council of the City of Athens, whose names are now on the payroll of such departments, and to future members thereof, and their dependents in specified cases; to provide how such members who have served twenty-five years may be retired for life on pensions; to provide how such members shall be paid in cases of total disability resulting from such service, and how such total disability may be determined; to provide for relief in case of sickness or accident resulting from such service, and for the relief of dependents, widows and children of deceased pensioners to be paid in case of death of any such member, and to provide for the amount of pensions payable to pensioners hereunder, or their widows and minor children in the event of death, retirement or disability of members or pensioners; to provide for the payment in certain instances to pensioners' estates or beneficiaries of all monies paid by them into the pension fund; to provide that the Mayor and Council of the City of Athens shall levy a tax of two dollars and fifty cents ($2.50) per month on each such member in active service on payroll and of future members to raise in part the funds to pay such aids, reliefs, and pensions, collectible monthly; to provide how such funds shall be collected, deposited, and managed for the use of the pensioners provided for by this Act; to create a Board of Trustees and provide for their selection, election, and term of office, to manage, deposit,

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disburse upon order, and invest funds paid over to them, to authorize said Board of Trustees to make all necessary rules for carrying out the terms of this Act; to provide that such aids, reliefs and pensions shall not be subject to attachment, garnishment, or judgment, nor shall they be assignable; to provide that if any part of this Act shall be held unconstitutional, the remainder thereof shall be of force and effect; to provide that this Act shall not affect or be affected by any workmen's compensation law, or other similar laws; and to repeal in its entirety an Act of the General Assembly of Georgia enacted on March 24, 1947, entitled 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 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 qualifications of certain employees; and for other purposes, and to provide for disbursement of funds by the trustees under the said Act of 1947 to the trustees under this Act and authorizing said latter trustees to accept and administer said funds under this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act of the General Assembly approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of August 24, 1872, provided for the changing of the name of the Town of Athens to the City of Athens and for the incorporation of said city under the name and style of The Mayor and Council of the City of Athens, and the several subsequent Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, there shall be raised and established in the City of Athens, by the Mayor and Council of said city, funds for the aid, relief and pension of members of the Police Department, salaried employees of the Waterworks 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 office of the City Engineer including the City Engineer; and other salaried employees employed by the Mayor and Council of the City of Athens, who are in active service at the time of the passage of this Act and whose names are on the payroll of such departments, future members thereof, and dependents of said members. Fund established. Section 2. Be it further enacted that any member of such departments 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 twenty-five (25) years in active service at the time of his retirement; provided, however, that no member shall be eligible for retirement as a matter of right until after the expiration of two years from the effective date of this Act. Retirement after 25 years' service. Section 3. Be it further enacted that any member of such departments who is in active service at the time of the passage of this Act and whose name is on the payroll and future members who shall be injured or whose health shall become permanently impaired to such an extent as to render him totally disabled as a result of such service shall upon application be retired. Should the Board of Trustees refuse to grant an order of retirement, the applicant shall select a physician, the board shall select a physician, and the two physicians so selected shall select a third. These three shall examine the applicant and determine whether he is totally disabled and the decision of a majority of these physicians shall be final on the question. Disability retirement. Section 4. When such member shall retire as a matter of rights, he shall be paid thereafter for the rest of his life the sum of $75.00 per month, provided he shall have served the 25 years in active service at the time of his retirement, or shall have become totally disabled in the line of duty at any time as

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aforesaid. In case of death of such pensioner, his widow, if any, shall receive during her life or until remarried, the sum of $50.00 per month; provided, however, that no such widow shall receive any such sum hereunder unless she was the lawful wife of said pensioner prior to his retirement from active service. If such pensioner at death leaves no widow, or if pensioner's widow was not the lawful wife of the pensioner prior to his retirement from active service, or if any pensioner leaves orphan children under the age of 16 years, such orphan child or children, except adopted children adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of 16 the sum of $50.00 per month. Upon the death of any member or pensioner under this Act, from any cause, who has no dependants entitled to his pension, the money he has paid into the pension fund shall be paid to his estate at his death. Retirement benefits; dependants. Section 5. When such member shall be retired for total disability, he shall be paid $75.00 per month for the rest of his life; but this Act shall not affect the salary of a member in active service except the tax of two dollars and fifty cents ($2.50) thereon, as provided herein. Disability benefits. Section 6. Should any member become totally disabled so as to make such member unfit to perform services, he shall receive a pension graduated as follows: Disability benefits. After five (5) years service $15.00 After ten (10) years service 30.00 After fifteen (15) years service 45.00 After twenty (20) years service 60.00 After twenty-five (25) years service 75.00 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, the sum of money monthly graduated according to the length of service of her deceased husband before his retirement on account of disability, or before his death, as follows: Pensions continued to dependents. After five (5) years service $10.00 After ten (10) years service 20.00 After fifteen (15) years service 30.00 After twenty (20) years service 40.00 After twenty-five (25) years service 50.00

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provided, however, that no such widow shall receive any sum hereunder unless she was the lawful wife of said pensioner prior to the time he became disabled. If said pensioner, or member, die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, pensioner's minor child or children, except adopted children adopted subsequent to said pensioner's retirement from active service, shall be paid the same gross sums and according to the same graduated schedule as set out above for the widow until they reach the age of 16. Pensions continued to dependents. Section 7. Be it further enacted that there is hereby established, to serve without pay, a Board of Trustees whose duties it shall be to manage said funds which shall be kept by the City Treasurer as a separate fund and covered by his bond as such. The Board of Trustees shall consist of the City Treasurer, the Chairman of the Finance Committee of the Mayor and Council of said city, 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 to be appointed by the Mayor. 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. Board of Trustees. A meeting for the purpose of election of 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. Election. 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. 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. Any employees dissatisfied with the action of the Board of Trustees, shall have the

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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. 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 appointed 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. The Chairman of the Finance Committee aforesaid and the City Treasurer shall be ex officio permanent members of the Board. Terms. Appeal from action of Board. Vacancies. Section 8. The Board shall make all rules for the payment of said funds to those entitled to receive the same. It shall have its first meeting within 30 days following the first election of Trustees, and organize by electing a Chairman, a Vice-Chairman who shall serve when the Chairman is absent, and a Secretary. The Chairman shall sign all vouchers for the disbursements of the fund and his written order shall fully protect the City Treasurer in the payment of the same. A majority of the Board shall control on all questions. Funds. Section 9. The Board shall make its own rules as to times and places of meetings. Section 10. A tax of two dollars and fifty cents ($2.50) shall be levied by the Mayor and Council of the City of Athens on the monthly salaries of all members in active service at the time of and after the passage of this Act, and the City Treasurer shall retain that amount from their salaries to be applied toward the purposes of this Act. Salary tax. Section 11. The Board of Trustees shall formulate rules for taking care of members in active service at the time of the passage of this Act while temporarily sick or hurt, and pay the expense thereof. The Board of Trustees shall formulate rules

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for paying the pensions of a member of the departments who loses his life in the service to his widow until she dies or remarries; and for paying the widow and children pension of deceased pensioner; and for paying the pension of such deceased pensioner to his orphan children until they reach the age of 16; provided the total payments to widow and orphan or orphans shall not exceed the amount provided herein for such purpose. The trustees shall keep a strict account of the disbursements and receipts of all funds which shall be open at all times to public inspection. Trustee's rules. Section 12. In case a member has served twenty-five (25) years and does not desire to retire, and the Board of Trustees deems such member incapable of further service in the department, the same proceedings shall be had as that to determine the condition of a disabled pensioner as set out in Section Three (3) hereof. The decision shall be final. Compulsory retirement. Section 13. Be it further enacted that when any pensioner who has served twenty-five years and is in active service at the time of his death dies, his widow or minor children, natural or adopted, shall receive the same pension she would have received under this Act had such pensioner been retired and receiving a pension under Section 4 thereof. Section 14. In case there should accumulate more funds than should be needed for immediate use, the Board of Trustees are empowered to invest such excess funds in United States, Georgia or municipal bonds; but not otherwise. Should there be on hand insufficient funds to carry out the purposes of this Act, such additional funds as are necessary therefor shall be paid out of the treasury of the city. Investment of funds. Section 15. Be it further enacted that none of the funds herein mentioned shall be subject to attachment, garnishment, or judgment; nor shall they be assignable; but shall be paid in cash to the beneficiary if so requested by him or her. Garnishment, assignment, etc. Section 16. Be it further enacted that should any clause or portion of this Act be declared unconstitutional or invalid by any court of this State for any reason, it shall not invalidate any portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. If part invalid.

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Section 17. Be it further enacted that the plan and purpose of this Act is to furnish aid, relief and pension to aged and disabled members of 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 employed by the Mayor and Council of the City of Athens who are now, or may be in the future, in the active service of such departments on the payrolls of such departments and to their dependents. Legislative intent. Section 18. An Act of the General Assembly of the State of Georgia enacted on March 24, 1947, and entitled 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 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, covering the same subject matter is hereby repealed in its entirety. 1947 Act repealed. Any and all funds now in the hands of any trustees created under said Act of 1947 shall be turned over to the trustees created in this Act and the trustees created by this Act are authorized to accept the same and administer said funds under the terms of this Act. Section 19. Provided this Act shall not affect, or be affected by any workman's compensation law, or other similar laws. Section 20. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.

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Georgia, Clarke County. Before me an officer authorized by law to administer oaths, appeared.....,..... of the Athens Banner Herald, who on oath says that the attached notice of legislation was published in said Athens Banner Herald in its issues of December 30, 1949, January 6, and January 13, 1950. ..... Sworn and subscribed to before me this..... day of January, 1950. ..... Notice of Intention to Introduce Local Bill in General Assembly of Georgia at the January, 1950, Session. In compliance with Article III, Section VII, Paragraph 15, of the Constitution of Georgia of 1945, the public is hereby notified that a local bill will be introduced in the January, 1950, session of the General Assembly of Georgia to repeal an Act passed on March 24, 1947, amending the charter of the City of Athens to provide for the creation of a retirement fund for the payment of the benefits to salaried employees of the Water Works Department, the City Clerk, the City Marshal, City Engineer, other salaried employees of the city working directly under the Mayor and Council, and the City Police Department. Legislation will also be introduced to provide a retirement fund for the foregoing employees by amending an Act of the General Assembly passed in 1939 pertaining to the pension plan for members of the Fire Department of Athens so as to include the foregoing employees under the terms of the said latter Act. This 30th day of December, 1949. Chappelle Matthews. Georgia, Clarke County: Before me, an officer authorized by law to administer oaths, appeared E. B. Braswell, publisher of the Athens Banner-Herald, who on oath, says that the attached Notice of Intent to introduce a bill in the Georgia legislature appeared in the Dec. 30th, 1949 and the Jan. 6th and 13th, 1950 issues of said Athens Banner-Herald. E. B. Braswell

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Subscribed and sworn to before me this Jan. 16, 1950. John B. Davis Notary Public, Clarke Co., Ga. Notice of Intent to Introduce Local Bill in General Assembly of Georgia at the January, 1950, Session. In compliance with Article III, Section VII, Paragraph 15 of the Constitution of Georgia of 1945, the public is hereby notified that a local bill will be introduced in the January, 1950, session of the General Assembly of Georgia to repeal an Act passed on March 24, 1947, amending the charter of the City of Athens to provide for the creation of a retirement fund for the payment of benefits to salaried employees of the Waterworks Department, the City Clerk, the City Marshal, City Engineer, other salaried employees of the city working directly under the Mayor and Council, and the City Police Department. Legislation will also be introduced to provide a retirement fund for the foregoing employees by amending an Act of the General Assembly passed in 1939 pertaining to the pension plan for members of the Fire Department of Athens so as to include the foregoing employees under the terms of the said latter Act. This 30th day of December, 1949. Chappelle Matthews, Representative from Clarke County. Approved February 8, 1950. TWIGGS COUNTY COMMISSIONERSDISTRICTS. No. 611 (House Bill No. 871). An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, consisting of five members; to prescribe their duties and fix their compensation; to prescribe their qualifications; to provide for the election of said commissioners; to provide for a clerk and attorney of said board and fix their compensation; to provide for the publication of quarterly reports of the acting and doings of said board; to provide for election

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of chairman, to provide for vacancies on said board, to prohibit any one connected with said board from any financial interest connected with any sale or purchase, to provide a penalty therefor, and for other purposes, approved July 27, 1923, (Ga. Laws 1923, page 324) and all Acts amendatory thereof, by providing for five commissioner districts and by providing that commissioners shall be voted on from their respective districts and not from the county at large; 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 create a Board of Commissioners of Roads and Revenues for the County of Twiggs, consisting of five members; to prescribe their duties and fix their compensation; to prescribe their qualifications; to provide for the election of said Commissioners; to provide for a clerk and attorney of said board and fix their compensation; to provide for the publication of quarterly reports of the acting and doings of said board; to provide for election of chairman, to provide for vacancies on said board, to prohibit any one connected with said board from any financial interest connected with any sale or purchase, to provide a penalty therefor, and for other purposes, approved July 27, 1923, (Ga. Laws 1923, page 324) as amended, is hereby amended by striking therefrom Section 2 in its entirety and substituting in lieu thereof a new section which shall also be known as Section 2 and which shall read as follows: Sec. 2, Act of 1923, amended. Section 2. That the County of Twiggs is hereby divided into five districts, and one Commissioner shall be elected in the primary by the people from each district. A candidate for Commissioner shall be nominated only by the voters who reside within his respective district. Candidates for the office of Commissioner of Roads and Revenues shall be voted on only by the qualified voters residing in the district from which said candidates are running, and the county at large shall not vote upon the nomination of said candidates. The five districts shall be divided as follows: No. 1Jeffersonville, Marion and Bluff; No. 2Higgsville and Ware; No. 3Shadygrove and Tarversville; No. 4Smith and Pearson; No. 5McDonald and Hammock. One Commissioner shall be elected for each district from the territory

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embraced in such district, and said Commissioner must reside in the district from which he is elected. Election by districts. Districts. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Legal Advertising. Georgia, Twiggs County. Notice is hereby given that I, C. S. Kitchens, intend to seek passage of an Act which will cause the eleven Militia Districts of Twiggs County to be divided into five districts. The purpose of this is the nomination of a County Commissioner of Roads and Revenue from each of these districts by the people of their respective districts only, instead of being nominated by voters of the county at large. The Commissioner must reside in his respective district. The districts are to be numbered as follows: No. 1Jeffersonville, Marion and Bluff; No. 2Higgsville and Ware; No. 3Shadygrove and Tarversville; No. 4Smith and Pearson; No. 5McDonald and Hammock. C. S. Kitchens, Representative, Twiggs County. Georgia, Twiggs County: Before me, a notary public for said county came C. C. McCrory, who deposes and states that he is owner of the Twiggs County New Era, the official organ of Twiggs County. He further states that the attached notice was printed in the issues of Dec. 22, 1949, and Jan. 5, and 12, 1950, and has already been printed in issue of Jan. 19, 1950, which will be mailed on Jan. 19, 1950. C. C. McCrory Owner. Sworn to and subscribed before me, this 17th day of January, 1950. Clyde Martin Notary Public Approved February 8, 1950.

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ELLAVILLE CHARTER AMENDMENTS. No. 612 (House Bill No. 881). An Act to amend an Act creating a new charter for the City of Ellaville, approved August 14, 1914, by conferring upon said city the authority and power to erect buildings on any land which it holds or purchases, to rent out or lease out for any term of years any unused portion or portions of said buildings for public or private use for the purpose of raising municipal revenues; by providing for the election and terms of office of the Mayor, five Councilmen and the Recorder; by providing for a permanent voters' list; by requiring only one registration of each voter; by providing for an annual adjustment of said voters' list; by prescribing the qualifications of said voters; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, Section 1 of the Act approved August 14, 1914, creating a new charter for the City of Ellaville be amended as follows: By striking the period (.) after the word purposes and placing a comma (,) in its place in line 23 of said Section 1, and adding the following words: and to erect buildings on any land which it holds or purchases, and to rent out or lease out for any term of years any unused portion or portions of said buildings for public or private use for the purpose of raising municipal revenue. Sec. 1, Act of 1914, amended. Rent of buildings. Section 2. That Section 4 of the Act approved August 14, 1944, creating a new charter for the City of Ellaville be amended as follows: By striking all of said section after the enacting clause and inserting in lieu of the matter so stricken, the following: That an election shall be held in the City Council chamber in the City of Ellaville, on the second Tuesday in December 1950, for Mayor, five Councilmen and Recorder, at which election the Mayor and two Councilmen shall be elected for a term of two years, or until their successors are elected and qualified, and the remaining three Councilmen and the Recorder shall be elected for a term of one year or until their successors are elected and qualified. In 1951 a similar election shall be held to select Councilmen for a term of two years to fill the places

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becoming vacant at the end of 1951, and a Recorder shall be elected at the same time for a term of two years. Annually thereafter a similar election shall be held to fill all said places becoming vacant at the end of the year. The said Mayor, Councilmen and Recorder shall then be serving terms of two years each and until their successors in office are elected and qualified. Sec. 4 amended. Election of Mayor, Councilmen, Recorder. Section 3. That in the year 1950 there shall be a registration of all voters, just as in 1949 and previously, but said registration shall be permanent and final as to all who register in 1950, but annually and in the same manner as at present there shall be a registration of new voters who have become qualified since the previous registration, and such registration shall likewise be permanent and final; and the list of voters as made up from the registration book shall be be adjusted and brought to date by the Mayor and Clerk immediately before any election by striking therefrom the name of any voter who has become disqualified since the last election and by adding thereto the name of any person who has become qualified to vote since the last election; and all persons, male or female, over the age of 18 years, who are otherwise qualified under said charter shall have the privilege of registering and of voting afterwards in any city election without any reregistration so long as they remain qualified to vote. Registration. Voters' list. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Legal Ads. Notice of Intention to Ask Legal Legislation. An Act amend an Act creating a new charter for the City of Ellaville, approved August 14, 1914, by conferring upon said city the authority and power to erect buildings, on any land which it holds or purchases, to rent out or lease out for any term, of years any unused portion or portions of said buildings for public or private use for purpose of raising municipal revenue; by providing for the election and terms of office of the Mayor, five Councilmen and the Recorder; by providing for a permanent voter's list, by requiring only one registration of each voter, by providing for an annual adjustment of said voter's list, by prescribing the qualifications of said voters; and for other purposes.

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The Mayor and Council of the City of Ellaville intend to apply to the General Assembly of Georgia for passage of the above bill at its next session. This December 13, 1949. C. C. Williamson, Mayor Georgia, Fulton County. Personally appeared before me, an officer duly authorized to administer oaths, Herman J. Holloway, who after being duly sworn deposes and says that he is the author of the attached bill and that the notice of intention to introduce local legislation, copy of which is attached hereto, was published on December 15, 1949, December 22, 1949 and December 29, 1949 in the Ellaville Sun which is the official organ of Schley County. This 19 day of Jan. 1950. Herman Holloway Sworn to and subscribed before me, this 19 day of Jan. 1950. W. L. Abney, N. P. Walker Co. Notary Public. Approved February 8, 1950. ROMETEMPORARY LOANS. No. 614 (House Bill No. 890). An Act to amend Section 53 of the Act of 1918 (Georgia Laws 1918, pp. 813-885), creating a new charter for the City of Rome as amended by the Act of 1933 (Georgia Laws 1933, p. 1254) and an Act of 1938 (Georgia Laws 1937-1938, p. 1338) and other Acts; said Section 53 relating to the authority of the City of Rome to make temporary loans; by increasing the amount of said authorized loans; to repeal conflicting laws. Be it and it is hereby enacted by the General Assembly of Georgia:

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Section 1. That Section 53 of the Act of 1918 (Georgia Laws 1918, pp. 813-885) as amended, relating to the authority of the City of Rome to make temporary loans, be and the same is hereby amended by repealing and striking all of Section 53 of said Act as amended and by inserting in lieu thereof the following to be known as Section 53: Sec. 53, Act of 1918, amended. The City of Rome may make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for the year, for the payment of expenses, in accordance with the budget to which such revenues are applicable, of not more than $250,000.00, and within the revenues available for the year. Any money so borrowed shall be on a note duly executed in the name of the City of Rome by and the first Commissioner and the secretary, with the seal of the city attached. The making of such note shall be authorized by a resolution adopted in regular meeting, stating the purposes of the loan, how the proceeds thereof shall be used and applied, and the particular revenues anticipated, and when the collection of such revenues is expected. Such loan when so made shall be placed in a special account, and checks shall be drawn on such account only for the purpose of the loan. The resolution shall fix the amount of interest, and a copy of the resolution duly certified by the secretary under the seal of the city shall be attached to the note. Thereupon such revenues anticipated shall be first applied to the payment of such note, and they shall not be used for any other purpose until such note is paid according to the terms of the resolution. Temporary loans. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are specially made a part of this bill and reference is made thereto. Notice of Local Legislation to be Introduced for Passage by the General Assembly of Georgia, 1950 Special Session. Notice is hereby given that at the 1950 special session of the Georgia General Assembly, local legislation to amend the charter of the City of Rome will be proposed and introduced for the purpose of permitting the City of Rome to make temporary loans to meet deficiencies and in anticipation of the collection of current revenues for current year, for the payment of expenses in

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accordance with the budget to which such revenues are applicable, of not more than $250,000.00, and within the revenues available for the year. The purpose of the above proposed legislation is to permit the City of Rome to make temporary loans in an amount not exceeding $250,000.00 for any one year, the same to be repaid by current revenues within the year said loan is made. Said provision increases the borrowing power of the city from $100,000.00 to $250,000.00. The specific charter provision to be amended is Section 8, Rome Charter Amendments, Acts 1937-1938, Georgia Laws, approved January 21, 1938. City of Rome. Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, Dean Covington who on oath states that he is a member of the General Assembly from Floyd County, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News-Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill, are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly; and that a copy of said notice as published in said paper is hereto attached and made a part of said bill; and that said notice was published as provided by law. This 19 day of January, 1950. Dean Covington Sworn to and subscribed before me this 19 day of January, 1950. Frank H. Edwards (Seal) Notary Public, DeKalb County Notary Public, DeKalb County, Georgia. My commission expires Sept. 9, 1951. Approved February 8, 1950.

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MACON CITY COURTREPORTER AND SECRETARY. No. 615 (House Bill No. 906). An Act to amend An Act to establish the City Court of Macon in and for the County of Bibb; to define its jurisdiction and powers; to provide for the appointment of a Judge and the other officers thereof, and for other purposes, approved August 14, 1885, and all Acts amendatory thereof, by providing for the appointment of a court reporter and secretary to the Judge; to provide for his compensation; to prescribe the fees to be charged for the services of the court reporter and provide for the disposition thereof, and for other purposes. Be it enacted by the General Assembly, and it is hereby enacted by authority of same, that from and after the passage of this Act, the Act approved August 14, 1885, establishing the City Court of Macon in and for the County of Bibb; defining its jurisdiction and powers; providing for the appointment of a Judge and the other officers thereof, and for other purposes, and all Acts amendatory thereof, be, and the same is hereby, amended by adding thereto the following sections: Section 1. The Judge of the City Court of Macon shall have the power to appoint, and at pleasure to remove, an official court reporter of said court. Such reporter, before entering upon the duties of his office, shall be duly sworn in open court faithfully to perform all the duties required of him under this Act, and it shall be his duty to attend all sessions of the court for which he is appointed, and when directed by the Judge, to exactly and truly record or take stenographic notes of the testimony and proceedings in cases tried, except the arguments of counsel, and he shall also act as secretary to the Judge of said court and perform such other duties as the Judge may require. Reporter and Secretary. Section 2. When any party to any civil case desires such case to be reported, said court reporter shall record the proceedings therein, for which he shall receive the rate of twelve cents per hundred words, this expense to be shared equally by both parties to the case. Costs of reporting. Section 3. All monies collected by said reporter for reporting the testimony and proceedings in all civil cases which shall be

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reported by him shall be paid by said reporter to the Treasurer of Bibb County on or before the 10th day of the month following their collection. Section 4. Upon the failure of any party to pay the costs of reporting as provided in this Act, judgment shall be entered up against said party for the costs of reporting, on which judgment the Clerk of the City Court of Macon shall issue an execution in the name of the court reporter for the use and benefit of the County Board of Commissioners of Bibb County, and the money arising therefrom shall be paid to the Treasurer of Bibb County by the 10th of the following month after collection is made. Judgment for costs. Section 5. The compensation of the court reporter and secretary shall be fixed annually by the Board of County Commissioners of Bibb County at the same time as the compensation is fixed for the other officers of the court and shall be paid in the same manner as the other officers of the court receive their compensation. The compensation so fixed shall be the sole compensation of the secretary and court reporter for his services as secretary and reporting civil proceedings. Compensation. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in the Macon News on the following dates: January 4, 1950, January 11, 1950, January 18, 1950. (s) Florence J. Scott Sworn to and subscribed to before me this 19th day of January, 1950. (s) Anna J. Harris (seal) Notary Public, Bibb County, Georgia Notice is hereby given of the intention to apply to the January, 1950, session of the General Assembly of Georgia for the

Page 2261

introduction and passage of a bill to amend an Act to establish the City Court of Macon in and for the County of Bibb approved August 14, 1885, and all Acts amendatory thereof, providing for the appointment of a court reporter and secretary to the Judge; provide for his compensation; to prescribe the fees to be charged for his services; and for other purposes. This 4th day of January, 1950. Marvin L. Newberry, Clerk, Board of County Commissioners for Bibb County. Georgia, Bibb County. Before me personally appeared W. Horace Vandiver who, first being duly sworn, deposes and says that he is a member of the House of Representatives for the County of Bibb and is author of the within bill; that the required notice of the intention to apply for such local legislation, a copy of said notice together with the affidavit of the publisher being hereto annexed, was published once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill into the General Assembly. This 21st day of January, 1950. (s) W. Horace Vandiver Sworn to and subscribed before me this 21st day of January, 1950. (s) Tilman E. Self (seal) Notary Public, Bibb County, Ga. Approved February 8, 1950. SARDIS CORPORATE LIMITS. No. 616 (House Bill No. 911). An Act to amend an Act incorporating the Town of Sardis in the County of Burke, State of Georgia, approved August 16, 1912, entitled An Act to incorporate the Town of Sardis in

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the County of Burke; to define its corporate limits; to provide for the selection of a Mayor and Council, and other officers of said town; to prescribe the duties and powers of said officers; to provide for the government of said town; to provide for raising the necessary revenues by taxation; to provide for all matters of municipal concern; and for other purposes, by amending said Act so as to enlarge and define the corporate limits of said Town of Sardis and correcting errors defining the boundaries thereof appearing in said Act approved August 16, 1912, to provide that all inhabitants and things within the additional corporate limits shall be subject to all laws and ordinances now of force in said town, 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 3 of an Act to incorporate the Town of Sardis in the County of Burke, State of Georgia, approved August 16, 1912, be and the same is hereby amended by striking all of Section 3 of said Act approved August 16, 1912, which defines the corporate limits of said town, and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Be it enacted by the authority aforesaid, that the corporate limits of said town shall be as follows: Beginning at the center line of the old Savannah-Augusta Public Road at a culvert (formerly the location of Hollow Bridge at the southeast corner of said town) and running thence along the center line of said north 50 degrees 15 minutes west 1378.7 feet; thence along the center line of said road north 48 degrees 53 minutes west 862 feet; thence from said road north 23 degrees 01 minutes east 2539.9 feet to an iron marker; thence north 65 degrees 30 minutes west 210 feet to an iron marker; thence north 24 degrees 13 minutes east 433.9 feet to an iron marker; thence north 27 degrees 40 minutes west 633.2 feet to an iron marker; thence north 24 degrees 30 minutes east 936.4 feet to the north side of right of way of Savannah Atlanta Railway; thence along said right of way north 65 degrees 30 minutes west 996.3 feet to an iron marker; thence from said right of way north 24 degrees 30 minutes east 250 feet to an iron marker; thence due east 2794.2 feet to an iron marker east of the Girard Road; thence south 47 degrees 13 minutes east 377.9 feet to an iron marker; thence south 22 degrees 20 minutes west 990.6 feet to

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an iron marker; thence south 66 degrees 23 minutes east 1495.2 feet to an iron marker; thence south 30 degrees west 5254.7 feet to the point of beginning at center line of the old Augusta-Savannah Road; all as shown by a plat of survey made by Robert L. Bell, surveyor, dated January 25, 1949. Corporate limits. Section 2. Be it further enacted by the authority aforesaid, that all territory and areas and the inhabitants and things within said extended corporate 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 Town of Sardis. 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. State of Georgia, County of Burke. Before the undersigned, a notary public in and for said State and county, in person appeared Roy F. Chalker, who, being duly sworn according to law, deposes and says that he is the publisher of The True Citizen, the newspaper in which the sheriff's advertisements and other official notices are published in said county; that a certain notice of the intention of the Honorables J. J. Bargeron and F. M. Cates, Members of the Georgia House of Representatives from Burke County, Georgia, to apply for and introduce a local bill affecting the enlargement of the corporate limits of the Town of Sardis, Burke County, Georgia, at the adjourned session, 1950, of the General Assembly of Georgia was duly published in said The True Citizen once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly, and that said notice was published, as aforesaid, on the dates, December 22nd and December 29, 1949, and January 5th, 1950. A copy of said notice, as same appeared in said newspaper, is attached below. Sworn to and subscribed before me this 16th day of January, 1950. (s) Roy F. Chalker, Publisher, The True Citizen. (s) Ann B. Harden, Notary Public, Burke County, Georgia.

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Legal Notices. Notice of Intention to Introduce a Local Law. Georgia, Burke County. Notice is hereby given that at the request of the Mayor and Council of the Town of Sardis, we will introduce at the adjourned 1950 session of the General Assembly of the State of Georgia a local bill for the purpose of amending the charter of the Town of Sardis as the same appears in Georgia Laws 1912, pages 1235-1241, inclusive, as approved August 16, 1912, by striking from said charter all of Section Three thereof and substituting in lieu thereof another Section Three defining and enlarging the corporate limits of said town and correcting errors as set forth in said Section Three. This December 15, 1949. J. J. Bargeron F. M. Cates Representatives in the General Assembly from Burke County, Ga. Dec. 22-29, Jan. 5c. Approved February 8, 1950. DALTON PENSION AND RETIREMENT SYSTEMAMENDMENTS. No. 617 (House Bill No. 913). An Act to amend the Act approved February 12, 1945 being an Act to amend the charter of the City of Dalton, Georgia; to create a police and fire department for said city; to provide a retirement fund for the members of the police and fire department; to provide the manner of selection of the chief of police and the chief of the fire department; to provide the manner of selecting the police and firemen; to abolish the office of marshal of said city; to prescribe the duties and powers of the chief of police and the fire department; to provide for the qualification of the police officers and firemen;

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to provide for a civil service commission to administer the affairs of the police department and fire department; to define their powers and duties; to provide for the administration of the retirement fund by said commission; to repeal all Acts in conflict with this Act; to provide for the submission of this Act to the voters of the City of Dalton for approval or rejection; by striking from said Act Section 16 in its entirety and substituting in lieu thereof a new section to provide for retirement at the age of 60 years after twenty-five years of active service; to repeal in its entirety all of Section 18 of said Act and to substitute in lieu thereof a new section to provide that upon retirement at the age of 60 after 25 years of active service a pension of $100.00 a month for life and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same. Section 1. That from and after the passage of this Act, the several Acts heretofore passed by the legislature created by the charter of the City of Dalton, and the several Acts amendatory thereto, are hereby amended as follows: Section 16 of the Act approved February 12, 1945 which reads as follows is repealed in its entirety. Section 16. Be it and it is further enacted that such officers, employees, and members may as a matter of right retire from active service, provided that he has served 25 years in active service or has reached the age of 65 years at the time of his retirement; provided however, that none shall be eligible for retirement as a matter of right until the expiration of five years from the effective date of this Act. Sec. 16, Act of 1945, amended. A new Section No. 16 is hereby substituted in lieu thereof which shall read as follows: Section 16. Be it and it is further enacted that all such officers, employees, and members may as a matter of right retire from active service, provided that he has served 25 years in active service or has reached the age of 60 at the time of his retirement; provided, however, that none shall be eligible for retirement as a matter of right until the expiration of five years from the date of the approval of this Act. Retirement at 60 after 25 years' service.

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Be it further enacted that Section 18 which reads as follows: is hereby repealed in its entirety: Section 18. Be it further enacted that when a person shall retire from service as a matter of right he shall be paid thereafter for the balance of his life, the sum of fifty ($50) dollars per month, provided he has served 25 years in active service or has reached the age of 60 years at the time of his retirement, or shall have become totally disabled in line of duty at any time. and by substituting in lieu thereof a new section to be known as Section 18 to read as follows: Sec. 18 amended. Section 18. Be it further enacted that when a person shall retire from service as a matter of right, he shall be paid thereafter for the balance of his life, the sum of one hundred ($100.00) dollars a month, provided he has served 25 years in active service or has reached the age of 60 at the time of his retirement, or shall have become totally disabled in line of duty at any time. Amount of pension. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Jan. 14, 1949 To whom it may concern: This is to certify that the attached legal notice re raising the pension fund from $50.00 to $100.00 monthly for retired members of the Dalton Police and Fire Departments was published in the Dalton Citizen for three issues in compliance with the law. (s) Mark Pace Mark Pace, editor. Legals. To the people of Dalton, Georgia. Notice is hereby given as is required by the laws of Georgia, that I will introduce at the next adjourned session of the legislature of Georgia which is to meet on the 16th day of January 1950 a local bill the purpose of which is to legalize the raising of pensions to be paid to members of the Police and Fire Departments of the City of Dalton, Georgia from $50.00 a month to

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$100.00 a month, upon the retirement from active service of a member qualified for a pension under existing laws. W. A. Britton, Representative Whitfield County, Georgia, Seat No. 2. Approved February 8, 1950. ATLANTA RECORDERS' COURTAMENDMENTS. No. 618 (House Bill No. 917). 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. Notice of the intention to apply for the passage of this local bill has been published in the newspapers in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, and in the DeKalb New Era, the paper in which the sheriff's advertisements for DeKalb County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. The Mayor of the City of Atlanta is authorized and empowered, whenever either the Chief General Judge or the Chief Traffic Judge of the Recorders' Court of the City of Atlanta, or any Deputy Recorder of said Court, is absent for any reason, to designate some practicing attorney at law practicing in Atlanta to act in the place of any absent Judge or

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Deputy Recorder of said court during his absence, and the person or persons designated to so act shall have all the rights, duties and powers of the officer in whose place he is acting. Judges and Deputy Recorders pro hac vice. Section 3. Upon certification by any one or more of the Judges or Recorders of the Recorders' Court of the City of Atlanta that the business of the court is such that additional help is needed to promptly handle the trial of cases therein, the Mayor is authorized to designate some practicing attorney or attorneys at law practicing in Atlanta to act temporarily as Recorder of said court in order to properly expedite the business thereof, and while so acting such persons shall have all the powers of a Recorder of said court. Recorder pro hac vice. Section 4. The Mayor and General Council of the City of Atlanta are empowered to provide for compensation to be paid to persons designated by the Mayor to act as herein provided. Compensation. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County, Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the

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City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta By J. C. Savage, City Attorney 803 C S Natl Bk Bldg. This the 20 day of January, 1950. Luther Alverson Sworn to and subscribed before me, this the 20 day of January, 1950. Dean Covington, Notary Public, Floyd County, Georgia, State at Large. Approved February 8, 1950. ALPHARETTA CHARTER AMENDMENTS. No. 619 (House Bill No. 920). 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, so that said section when amended, will read as follows: Sec. 5, Act of 1920, amended. That on the first Monday in January, 1921, and bi-annually

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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 courthouse door in said town. 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. Election of Mayor and Council. 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

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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 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 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. License 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 $90.00, 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 $90.00 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. Compensation 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.

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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 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. Taxation. Section 5. That said Act be amended by adding thereto a new section to be appropriately numbered and to read as follows: 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 one thousand 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. Marshal. Other officers. Tenure. Section 6. That said Act be amended by adding thereto a new section to be appropriately numbered and to read as follows:

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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. Section 7. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, repealed. Georgia, Fulton County. Before the undersigned officer, duly authorized to administer oaths, personally appeared Luther Alverson, Esquire, who, on oath, says: Deponent is a member of the General Assembly of Georgia, a representative from Fulton County, and the author of the bill to which this affidavit is attached. Deponent says that said bill, being a local bill, affecting Fulton County only, was advertised in the manner required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, and that the attached is a true and correct copy of the advertisement run in Fulton Daily Report, the public gazette of Fulton County, in which sheriff's sales are advertised. (s) Luther Alverson Sworn to and subscribed before me this the 19 day of January, 1950. (s) Winnifred Patterson, Notary Public, Georgia, State at large (Seal) Notice of Intention to Apply for Local Legislation. Alpharetta Charter Amendment. Georgia, Fulton County Notice is hereby given that the Town of Alpharetta, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia to amend the charter of the Town of Alpharetta, the title to such bill or bills to be as follows:

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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 Council members; to fix the hours of election of the officers; to prescribe the terms of office of said town; to provide authority of said town to zone and district the same, and other other purposes. Town of Alpharetta, By William E. Spence, City Attorney, 414 Connally Bldg., Atlanta, Ga. Approved February 8, 1950. CRAWFORD COUNTY TREASURER'S COMPENSATION. No. 620 (House Bill No. 921). An Act to amend an Act approved July 29th, 1919, and as contained and set forth in the Acts of the General Assembly of Georgia, in 1919, page 636, to prescribe and limit the compensation of the Treasurer of Crawford County, Georgia, for receiving and disbursing the county money and to fix a salary for his services so as to raise the salary provided from ($300.00) three hundred dollars annually to ($600.00) six hundred dollars annually, payable in monthly installments at the rate of ($50.00) fifty dollars per month and for other purposes, so that said Act when 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 from and after the first day of January 1950, the Treasurer of Crawford County shall receive as his compensation for receiving and disbursing the county money and for discharging all the duties of Treasurer as prescribed by law, the sum of ($600.00) six hundred dollars annually, payable in monthly installments of ($50.00) fifty dollars per month, which shall be paid by warrant drawn by the Board of County Commissioners of Roads and Revenue on the treasury of said county. Treasurer's 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.

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Notice of Local Bill Affecting Crawford County, Georgia. Notice is hereby given that a bill to increase the salary of the Treasurer of Crawford County, Georgia, from $25.00 per month to $50.00 per month, will be introduced at the 1950 session of the General Assembly of Georgia, convening on the third Monday in January 1950. This the 4th day of January 1950. J. F. Hartley, Representative, Crawford County, Georgia. Georgia, Crawford County: Personally appeared before the undersigned attesting officer authorized by law to administer oaths, C. B. H. Moncrief, Sr., who, after being duly sworn, deposes and says that he is the publisher of the Georgia Post, which is the newspaper in which the sheriff's advertisements for Crawford County, Georgia, are published, and that the above and foregoing newspaper clipping, as per attached, was published in the regular edition of said newspaper on the following enumerated dates: January 5th, 1950, January 12th, 1950 and January 19th 1950. C. B. H. Moncrief, Sr. (C. B. H. Moncrief, Sr.) Sworn to and subscribed before me this January 19th, 1950. (Seal) Alton C. Moncrief (Alton C. Moncrief, Ordinary, Crawford County, Georgia.) Notice of Local Bill Affecting Crawford County, Georgia. 1/5/50 To all whom it may concern: Notice is hereby given that a bill to increase the salary of Treasurer of Crawford County, Georgia, from $25.00 per month to $50.00 per month, will be introduced at the 1950 session of the General Assembly of Georgia, convening on the third Monday in January 1950. J. F. Hartley, Representative, Crawford County, Georgia.

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Notice of Local Bill Affecting Crawford County, Georgia. 1/12/50 To all whom it may concern: Notice is hereby given that a bill to increase the salary of Treasurer of Crawford County, Georgia, from $25.00 per month to $50.00 per month, will be introduced at the 1950 session of the General Assembly of Georgia, convening on the third Monday in January 1950. J. F. Hartley, Representative, Crawford County, Georgia. Notice of Local Bill Affecting Crawford County, Georgia. 1/19/50 To all whom it may concern: Notice is hereby given that a bill to increase the salary of Treasurer of Crawford County, Georgia, from $25.00 per month to $50.00 per month will be introduced at the 1950 session of the General Assembly of Georgia, convening on the third Monday in January 1950. J. F. Hartley, Representative, Crawford County, Georgia. Approved February 8, 1950. FLOYD COUNTY CITY COURTAMENDMENTS. No. 621 (House Bill No. 924). An Act to amend an Act entitled An Act to establish a City Court in the County of Floyd approved September 27th, 1883, as amended, making the rules of procedure, pleading, and practice in civil actions and civil proceedings in the courts of this State, as ratified and confirmed by a resolution of the General Assembly of Georgia, approved February 1st, 1946 (Georgia Laws 1946, pages 761 et seq.), as amended or as they may hereafter be amended, applicable to said city court; and to fix the costs in suits or actions ex contractu involving $400.00 principal or less, and in suits ex delicto when the value

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of the property sued for is said amount or less; to provide a salary for the Judge of said court, terms of office of said Judge, and for the election of said Judge; to fix the date this Act shall go into effect; and for other purposes; Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; that the Act approved September 27th, 1883, entitled An Act to establish a City Court in the County of Floyd, as amended, be and the same is amended as follows: Section 1. That the rules of procedure, pleading, and practice in civil actions and civil proceedings in the courts of this State, as ratified and confirmed by a resolution by the General Assembly of Georgia, approved February 1st, 1946 (Georgia Laws 1946, pages 761 et seq.), as amended or as they may hereafter be amended, be and the same are hereby adopted for and made applicable to said city court. Practice and procedure. Section 2. In all civil suits or actions in said court, whether ex contractu or ex delicto, when the amount sued for, exclusive of interest and attorney's fees, is $400.00 or less, or the value of the property sued for is of that amount or less, the costs in said court shall be 50% of the costs allowed by law for like services in other cases in said court; provided, witness fees, serving subpoenas, and costs connected with writs of error in removing cases to the higher courts of this State, shall remain as now or hereafter provided by law. Costs. Section 3. That the salary of the Judge of said court shall be $400.00 per month. Judge's salary. Section 4. The Judge of said court shall serve for a term of four years, beginning on January 1st, 1951, and shall continue in office until December 31st, 1954, and thereafter the term of office for said Judge shall be four years beginning January 1st, and ending December 31st. Judge's term. Section 5. Said Judge of said court shall be elected in the general election of 1950 and in the general elections held quadrenially thereafter. His election. Section 6. This Act shall take effect March 1, 1950.

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Section 7. Should any one or more of the provisions of this Act be adjudged unconstitutional or invalid for any reason, such invalid provision shall not invalidate the whole or any other part of this Act. If part invalid. Section 8. All Acts and parts of Acts in conflict with this Act are repealed. Notice of Local Legislation. Notice is given of intention to apply for local legislation at the meeting of the General Assembly of Georgia, which convenes in January 1950, amending the Act to establish a City Court in the County of Floyd, approved September 27th, 1883 (Georgia Laws 1882-83, page 535), and all amendatory Acts thereto. Georgia, Floyd County. Personally appeared before the undersigned official authorized to administer oaths, Dean Covington, who on oath states that he is a member of the General Assembly of Georgia from Floyd County, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, the newspaper in which the sheriff's advertisement, for the locality affected by said bill, are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the above and foregoing on this sheet contained is a true and correct copy of said notice as published in said paper, the same, together with this affidavit being made a part of said bill; and that said notice was published as provided by law. (s) Dean Covington. Sworn to and subscribed before me this 23 day of January, 1950. (s) Frank H. Edwards Notary Public, DeKalb County, Ga. Notary Public, DeKalb County, Georgia. My Commission expires Sept. 9, 1951. Approved February 8, 1950.

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DALTON CHARTER AMENDMENTS. No. 622 (House Bill No. 693). 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 extra-territorial 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 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

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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 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 to 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 terms, 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,

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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 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 assessments 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 payable; to provide for levy and sale of property upon default; to provide for illegality by the defendant or property owners; 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

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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 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 the 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, bylaws, and resolutions of the city as heretofore incorporated, not inconsistent with this charter, remain unaffected hereby and are hereby continued and confirmed. Incorporation. 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:

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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. Corporate limits. It is further provided that the provisions of the Dalton city limits extension Act of 1946, page 477, are expressly preserved. Section 3. The City of Dalton shall be divided into four wards as follows: First Ward, north of Tyler Street; Second Ward, between Tyler Street and Crawford Street; Wards. 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. Officers. 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 advisible 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,

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rules and regulations are consistent with the laws of the State. Police and welfare powers. Section 6. The compensation of all officers provided for 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 of officers. Section 7. At the city election on the second Wednesday in December, 1949, 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, 1950; and at the city election held on the second Wednesday in December, 1950, 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, 1951; 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, 1949, for a term of two years, beginning January 1, 1950; and his successors biennially thereafter. And the Mayor and Councilmen shall hold their offices for their 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. Mayor and Councilmen. Election, terms. 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.

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Section 9. The Mayor and Councilmen shall be elected by a vote of the entire city. 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. 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. Council 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. 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 and Council, or their agent, for the improvement of the city or otherwise; and for any violation of

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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. 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 must, 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 the 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. If so requested by the Manager the Council shall fix a time for a public hearing upon the question of his removal and the final resolution removing the Manager shall not be adopted until such public hearing has been had. Upon passage

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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 or 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 must fill the vacancy within 90 days. Term. Removal. Vacancy. 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: Manager's powers and duties. (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 as provided herein, 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 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. Removal of employees. (4) To exercise supervision and control of all departments

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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 on 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. Contracts. (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 commissioner shall prepare and submit to the Mayor and Council, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in such detail as practicable the amount allotted to each department of the city government and the reason for such estimated expenditures. Budget. (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. Reports. (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

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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 dollars ($500.00) 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 dollars ($500.00) be involved, opportunity for competition shall be given. Purchases. (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 dollars ($10,000.00) 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 nonfeasance in the performance of his duties. His 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, 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. Employees under him. Section 21. The Mayor and Council of said city at their first meeting held during the year 1951, and biennially thereafter,

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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 of 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 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 references to the finances of the city made by the said Clerk as soon as said 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. Bond. 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. Section 25. In addition to collecting all moneys due the city,

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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. 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 and legal holidays 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. 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. Funds. Section 28. The office of City Treasurer is hereby abolished, and in lieu of a treasurer the Mayor and Council 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 depository. 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 counter-signed 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 dispersed, and upon

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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. 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. Section 32. The City of Dalton is authorized and empowered to employ a building inspector, who shall be 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. Condemnation. Section 33. The Recorder and Recorder's Court of the City of Dalton, the term of office of the Recorder, his jurisdiction,

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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. Provided further that the salary of said Recorder shall not be less than $125 per month, and shall be fixed by the Mayor and Council at the first regular meeting in November prior to the election of such Recorder, and shall not be changed during his term. Recorder. 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, 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. Existing boards. 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 one hundred dollars ($100.00) or imprisonment in the guardhouse, city prison or other public works, not to exceed sixty (60) 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 guardhouses, city prisons,

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or work houses for the confinement and detention of persons arrested and convicted for the violation of the city ordinances. Punishments. (1) All ordinances before they shall pass shall be read twice and each reading had at separate meetings, regular or special on 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. (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. (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. 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 see fit to include therein. And said codes shall be subject to amendment or repeal, in whole

Page 2295

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 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. 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 of 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 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 with 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

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the Mayor and Council all nuisances which are likely to endanger the health of 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 execution may issue against said party to collect the expense 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. 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 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 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 interment therein, and to expend annually

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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 any and all monuments, tombstones, curbing or other improvements from damage from falling trees, or other cause, and may remove any tree or other object near any lot in the cemetery, that may cause such damage. Cemeteries. 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, sidewalks, parks, etc. 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 no wise be affected by the passage and approval of this Act. Section 43. The Mayor and Council of the City of Dalton shall have the power to grade, construct and pave any and 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. Sidewalks. 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

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abutting upon said sidewalks so constructed or improved according to the frontage of the property so owned and abutting upon the improved sidewalk. Assessments for sidewalks. 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 teste 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 1933 shall be preserved. Levy and sale. 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. Affidavits of illegality.

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Section 48. In addition to the power and method provided 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 character 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. 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 persons, 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 contrivance 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 be enforced by the Mayor and Council by appropriate ordinances. Sewerage and drainage. Assessments. Section 50. In case any sewer or sewers, or parts of same,

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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, not withstanding the entering of any appeal. Rights of way for sewers. 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. Sewerage and drainage beyond city 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 an kind for any public purpose authorized under the Acts incorporating said city, either within or without the city, using the methods 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. 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. Section 54. Be it further enacted, that the taxing powers 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 of the property of the taxpayer or the person liable and to take rank and to be enforced as provided by law, and provided further that said city shall have the right and authority to levy a tax or license fee for the use of the sanitary sewage system of said city, and the Mayor and Council may make all rules and regulations concerning the operation of said system, fix the rate or rates of charges for the use of said sewage system, provide for the collection and enforcement of same, or the Mayor and Council

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may by resolution delegate all their authority over said sewage system and the operation of the same, to the Water, Light and Sinking Fund Commission of said city who may operate the said sewage system with the same rights and authority as they operate the water and electric systems of said city. Tax powers. Sewerage system. Section 55. Be it further enacted that for the purpose 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 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 and one-fourth percent, 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 one and one-half percent on the value of 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. School tax. 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 taxayer 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. 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

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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, so help me God. Said tax returns shall, by the city Clerk or other officer receiving them, be delivered, or cause 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 personal property than for real 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. 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 or until their successors are named and qualified. At the first meeting of the Council in the year 1950, 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, 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 and 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

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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 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, with 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 have power to require any taxpayer to furnish them an inventory or list of all personal property when, in their opinion, their production is necessary for a correct assessment; the Mayor and Council may prescribe penalties for such persons 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 dollars ($200.00); and one or all of these may be assessed against such offenders. Tax assessors. Duties. Objection to assessment. 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 carrying on, or who may engage in or carry on, prosecute or have any trade, business, calling, vocation, 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

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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 businesses. Section 59. Be it further enacted, that said Mayor and Council shall have the power to classify and arrange the various business, trades, callings, vocations and avocations carried on in said city into such classes for taxation 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. Occupational 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, ten-pin alleys, and all like contrivances, and pool tables kept and used in said city. Licenses. Section 61. Be it further enacted, that the Mayor and Council shall have full power and authority to pass such ordinances as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions, and prescribe what amounts shall be paid for such licenses. Shows and theatrical performances. 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. Other business taxes. Section 63. The Clerk of said city shall open his books for registration to the voters of said city at all times, provided that no voters shall be eligible to vote who shall not have 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 of voters. I do swear, or affirm, that I am a citizen of the United States;

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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 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. Oath. Section 64. 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. Registration book. Section 65. 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. Eligible voters. Section 66. 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. Penalties, illegal registration, illegal removal of name, etc. Section 67. At the first regular meeting after the passage and

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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 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 68. Before entering upon the performance of their duties, the registrars shall take the following oath of office: 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. Oath. Which oath shall be subscribed and sworn to and shall be filed with the Clerk of the Council and entered upon his minutes. Section 69. 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 day's notice to the person who it is claimed is illegally registered, which

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notice shall be sufficient where mailed, properly stamped, to the last known address of such person. Revision of registration list. Section 70. When the registration list has been revised 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 71. 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: Candidate for elective office. 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...... Section 72. 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 73. The polls of all city elections shall open at seven a.m. and close at 6 p.m., standard time. The person receiving the highest number of votes for the respective offices shall

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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 tying shall be eligible as candidates. Election managers 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 of 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. Election regulations. Contest of election.

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Section 74. When a vacancy in the office of Mayor occurs 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 thirty days after the expiration of the term of office of the officer who would have been succeeded by the deceased or incapacitated successful candidate. Special elections. Section 75. 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 by wards. Section 76. 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 77. 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. Illegal voting. Section 78. Before entering upon the duties of any city office,

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the person elected thereto shall take and subscribe the following oath: Oath of City 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 79. 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 and retirement. Section 80. 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 81. 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 use of the pension and/or group insurance plan. School teachers may be included in any group insurance plan that may be adopted by the Mayor and Council upon recommendation by the Board of Trustees of the Dalton Public Schools. Salary deductions.

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Section 82. 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 employees 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. Tax to cover pensions and insurance. Fund. Section 83. 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. Pensions to widow and dependents. Section 84. The Mayor and Council shall be authorized and empowered but not required to provide by ordinance, 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

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within the scope of his employment with said city, and by reason thereof is permanently disabled to the extent of 50% or more. Pensions for injury in line of duty. Section 85. When an 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. Amount of pension. Section 86. 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, and such securities as may be legal investments for administrators, executors and guardians under the laws of this State. 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 in the Fire and Police Departments of the City of Dalton may be retained as to such employees. Civil Service Commission. Funds. Section 87. Be it further enacted that any person who has

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contributed to the pension fund who ceases to be an employee 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 the 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. Withdrawal of contributions. Section 88. 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 sixty 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 exist 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 1948 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 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 shall take effect immediately. 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. Referendum Section 89. 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.

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Georgia, Whitfield County. I, L. A. Lee, publisher of the Dalton Citizen, a newspaper published in the City of Dalton, Whitfield County, Georgia, and of general circulation in said county and being the newspaper in which sheriff's advertisements for said county appear, do hereby certify that notice of the introduction of the bill to which this certificate is attached was published in the Dalton Citizen once a week for three weeks during the period of sixty (60) days immediately preceding its introduction in the General Assembly of Georgia, a copy of the notice as published being attached to this certificate. This 14th day of February, 1949. L. A. Lee Publisher, The Dalton Citizen. To the People of the City of Dalton: Notice is hereby given that there will be introduced at the next regular session of the General Assembly of Georgia a local bill affecting the City of Dalton entitled: 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 extra-territorial 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 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

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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 and powers and compensation; to provide that the fire and police departments 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 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 that said Board of Water, Light and Sinking Fund Commissioners

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may operate the sewer system of said city and make rules and regulations governing same; 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 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

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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 payments 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 construction and maintenance of a sewer system in said city; to provide for the ownership and operation of any public utility by said city and the right to exercise eminent domain in connection therewith; and to make all rules and regulations governing the same; to provide for referendum; to repeal all laws inconsistent with this Act; and for other purposes. Respectfully, John E. Bledsoe, Member Elect General Assembly of Georgia. December 8, 1948. 12-16-4tc Approved February 10, 1950. CIVIL COURT OF BIBB COUNTYNAMECOSTS. No. 624 (Senate Bill No. 170). An Act to amend an Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public; ex officio justice of the peace and the office of constable of the City of Macon; to establish and create in lieu thereof a Municipal Court in and for the City of Macon; to define its jurisdiction and powers; to provide for the election of a judge and the appointment of the other officers thereof; to define

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their powers and duties and to fix their compensations; to provide for rules of procedure and new trials in said court and writs of error therefrom, and for other purposes, which said Act was approved August 16, 1913 and appears in the Acts of the General Assembly of Georgia of 1913, page 252, et sequentia, and an Act to amend all amendments thereto, and to amend an Act entitled Macon Municipal Court, jurisdiction, etc., which said Act was approved July 20, 1929 and appears in the Acts of the General Assembly of Georgia of 1929, page 451, et sequentia, and all amendments to each of said Acts hereby amended and specifically to amend Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 28, 29 and 37 of the Act of 1913, pages 252, et sequentia, and all amendments to said Act and to said sections and to amend an Act of the General Assembly of Georgia approved July 20, 1929 and being the Acts of the General Assembly of Georgia, 1929, page 451, et sequentia, and specifically to amend Section 2, 3, 4, 5 and 7 of said Act of the General Assembly of Georgia 1925, pages 463, et sequentia, and particularly Sections 6 and 18 of said Act of 1925, pages 469, et sequentia; and also to amend an Act of the General Assembly of Georgia, Acts of 1937, pages 1195, et sequentia, approved March 23, 1937 and Sections 1-A and 1-B and 2 thereof; and also an Act to amend an Act entitled Macon Municipal Court, Amendments, No. 96, House Bill No. 185, being Georgia Laws, Extra Session, 1948 and Regular Session, 1949, reported on page 374 thereof, et sequentia, of said published Acts and Laws of the General Assembly of Georgia and particularly Sections 1, 2, 3 and 4 of said Act of the General Assembly of Georgia aforesaid; and specifically to amend the said Acts of 1913, 1929 and 1937 aforesaid and all amendments thereto of every kind and character and also to amend Acts of 1929, page 457, and particularly Sections 5 of said Act, and Acts of 1924, page 83 as follows: By striking from each of said Acts and said sections of said Acts of the General Assembly of Georgia wherever they appear therein the words, Municipal Court and/or Municipal Court City of Macon, and substituting therefor in each of said Acts and in each section herein specified of said Acts the words, Civil Court of Bibb County; it being the intent and purpose of this Act to change the name of the Municipal Court

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City of Macon and to substitute therefor the name, Civil Court of Bibb County, wherever the name, Municipal Court and/or Municipal Court City of Macon appears in the Acts of the General Assembly of Georgia mentioned herein and in all amendments thereto and in all sections of said Acts specified herein and in all other Acts of the General Assembly of Georgia in reference to said court; to designate the full legal title and name to be used in all proceedings and documents of said court; to provide for restoration of the corresponding original Act creating the court and/or the corresponding amendments thereto in the event this Act or any part thereof is declared unconstitutional; to provide that this Act shall become effective on the first day of the next succeeding calandar month after its approval by the Governor; and to provide that there shall be no change in the jurisdiction, practice or procedure of said court except as herein provided for; to provide and enumerate a scale of costs in said court which shall be applicable to all cases hereafter filed in said court; to provide that all officers of the Municipal Court City of Macon shall be the corresponding officers of the Civil Court of Bibb County, invested with all the rights, prerogatives and powers and duties as officers of the Civil Court of Bibb County that were held and exercised by them as officers of the Municipal Court City of Macon; to provide that all cases of every kind now pending in the Municipal Court City of Macon be and the same are automatically transferred to the Civil Court of Bibb County, with full power in said court and the officers thereof to act thereon and to dispose of said cases. Section I. Be it enacted by the General Assembly of Georgia that all Acts of the General Assembly of Georgia of every kind and character relating to or dealing with the Municipal Court City of Macon and particularly the Act of 1913, page 252, et sequentia, which is An Act to abolish justice courts and the office of justice of the peace and notary public, ex officio justice of the peace and the office of constable of the City of Macon, and to establish and create in lieu thereof a Municipal Court in and for the City of Macon and to define its jurisdiction and powers to provide for the election of a Judge and the appointment of the other officers thereof; to define their powers and duties and to fix their compensation; to provide for rules of procedure and

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new trials in said court and writs of error therefrom and for other purposes, and all amendments thereto, and also be it enacted by the authority aforesaid that the Act of the General Assembly of Georgia entitled Macon Municipal Court, jurisdiction, etc., approved July 20, 1929, page 451, et sequentia, and all amendments to each of said Acts and specifically Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 28, 29 and 37 of the Act of 1913, page 252, et sequentia, and all amendments to said Act and also that an Act of the General Assembly of Georgia approved July 20, 1929, being the Acts of 1929, pages 451, et sequentia, and specifically Sections 2, 3, 4, 5, and 7 of said Act of 1929 be and the same are hereby amended by striking from each of said Acts and the named sections of said Acts of the General Assembly of Georgia mentioned above wherever they appear therein the words, Municipal Court and/or Municipal Court City of Macon, and substituting therefor in each Act and section herein specified of the several Acts of the General Assembly enumerated above the words, Civil Court of Bibb County; also amending by the same striking and the same substitution the following: Acts of 1913, page 252, et sequentia; Acts of 1925, page 463, et sequentia; Act of 1929, page 451, et sequentia; Acts of 1929, page 457 and particularly Section 5 of said Act; Acts of 1937, page 1195, et sequentia, Acts of 1924, page 83, et sequentia; Macon Municipal Court Amendments. No. 96, House Bill No. 185 Extra Sessions, 1948 and Regular Session, 1949, it being the intent and purpose of this Act to change the name of the Municipal Court City of Macon to Civil Court of Bibb County and to substitute in each of said Acts and sections thereof for the name, Municipal Court City of Macon and/or the name, Municipal Court, the name Civil Court of Bibb County, wherever the name, Municipal Court and/or Municipal Court City of Macon, appears in any Act of the General Assembly of Georgia mentioned herein and in all amendments thereto, and in all the sections of said Acts specified herein and in all other Acts of the General Assembly of Georgia with reference to said court; the full title and name to be used in all proceedings and documents and records of said court shall be Civil Court of Bibb County; and should this Act or any part thereof be declared unconstitutional by the

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courts, the corresponding original Acts hereby sought to be changed shall stand re-enacted and in full force and effect. Acts amended. Civil Court of Bibb County instead of Municipal Court, City of Macon. Section II. The scale of costs to be collected by the officers of the Civil Court of Bibb County shall be graduated and divided according to classifications, depending upon the amount involved in each case or the nature of the case as follows: A. Whenever the principal amount involved in the suit of the plaintiff or in the cross-action or counter-claim of the defendant does not exceed $25.00 principal, exclusive of interest and costs, the costs to be charged and collected by the officers of said court shall be as follows: Costs in cases where amount not over $25. (Cases Not Over $25.00) For each original summons $.50 Each copy of summons .50 Filing papers in any case (pleas) .10 Seal .10 For affidavit and bond to obtain attachment 1.70 For entering judgment in each case .50 For trial of each case when same is litigated .50 For docketing each case .35 Each witness sworn .25 For each execution issued .50 Making out interrogatories and certifying same 1.25 For making out recognizances and returning same to court .50 For each subpoena for witness .15 For each distress warrant issued 1.50 For each affidavit when no case is pending .50 For answering every writ of certiorari to superior court 4.00 For presiding at trial of forcible entry and detainer 2.00 For presiding at trial of right of way 2.00 For issuing rule to establish lost papers 1.00 For trying the same .50 For presiding at trial of nuisance 1.00 For witnessing any paper .50 For affidavit and bond to obtain garnishment 1.50 For issuing summons of garnishment .50 For each additional summons of garnishment .50 For settling case before judgment .50 For claim affidavit and bond .50 For trying same .50 For certifying transcript 1.00 For issuing order to sell perishable property 1.00 For each lien foreclosure and docketing same 1.00 For each order issued by the court 1.00 For each case tried by a jury .50 For issuing commission to take interrogatories 3.00 For backing fieri facias .50 For rule nisi against officer .35 For trying same .35 Judgment on same .35 For serving summons of attachment .50 For each return of officer .50 For serving each copy of summons .50 For summoning each witness .25 For attending court for each judgment rendered .50 For levying fieri facias .50 For settling fieri facias when property not sold .50 For returning nulla bona .50 For collecting executions issued by coroners .75 For keeping each dog, per day .50 For keeping horse, mule, ox or ass, per day .50 For each head of neat cattle, per day .50 For each head of sheep, goats or hogs .50 For all sales made by him, amount on sales commission 6 per cent For serving rule to establish lost papers .35 Each copy .35 For serving each order issued by the court 1.00 For serving each additional copy .30 For following property out of county, going and returning each way, per mile .10 For levying each distress warrant 1.00 For each advertisement .50 For taking bond in civil cases .50 For taking bond in criminal cases 1.00 For serving summons of garnishment .50 For each additional summons .50

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B. In all cases where the principal amount involved, exclusive of interest and costs, exceeds $25.00 but does not exceed $100.00, the costs to be charged and collected by the officers of said court shall be as set out in the following itemized list: Costs in cases where amount exceeds $25 but is less than $100. (Cases Over $25.00 and Not Over $100.00) Each original summons $.50 Each copy of summons .50 Filing paper in any case .10 Seal .25 Affidavit and bond to obtain attachment and issuing same 1.70 Entering judgment in each case .50 Trial of each case when same is litigated .50 Docketing each case .35 Each witness sworn .25 Issuing each execution .50 Making out interrogatories and certifying same 1.25 Making out recognizances and return same to court .50 Each subpoena for witness .15 Issuing each distress warrant 2.00 Each affidavit when no case is pending .50 Answering every writ of certiorari to superior court 4.00 Presiding at trial of forcible entry and detainer 2.00 Presiding at trial of right of way case 2.00 Issuing rule to establish lost papers 1.00 Trying same .50 Presiding at trial of nuisance case 1.00 Witnessing any paper .50 Affidavit and bond to obtain garnishment 1.50 Issuing summons of garnishment .50 Each additional summons .50 Settling case before judgment .50 Claim affidavit and claim bond .50 Trying same .50 Certifying transcript 1.00 Issuing order to sell perishable property 1.00 Each lien foreclosure and docketing same 2.00 Each order issued by the court 1.00 Each order tried by jury 1.00 Issuing commission to take interrogatories 3.00 Backing fieri facias .50 Rule nisi against officer .50 Trying same .35 Judgment on same .35 Each criminal warrant issued 2.00 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.00 Returning nulla bona 1.00 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 per cent Serving rule to establish last papers .70 Each additional copy .60 Serving each order issued by the court 1.00 Each additional copy .60 Following property out of county, going and returning per mile .10 Levying each distress warrant 1.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 1.00 Serving summons of garnishment 1.00 Each copy 1.00

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C. In all cases involving over $100.00 and up to $200.00 principal under above method of computing, not including interest, hire and costs, the costs to be charged and collected by the officers of said court shall be as set out in the following schedule: Costs in cases where amount exceeds $100. (Cases Over $100.00 and Not Over $200.00) Each original summons $.75 Each copy of summons .60 Filing papers in any case .20 Seal .25 Affidavit and bond to obtain attachment and issuing same 2.25 Entering judgment in each case .75 Trial of each case when same is litigated 1.25 Docketing each case .50 Each witness sworn .35 Issuing each execution .75 Making out interrogatories and certifying same 2.00 Making out recognizances and returning same to court .85 Each subpoena for witness .25 Issuing each distress warrant 2.75 Each affidavit when no case is pending .75 Answering every writ of certiorari to superior court 4.00 Presiding at trial of forcible entry and detainer 3.00 Presiding at trial of right of way case 3.00 Issuing rule to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance case 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment 2.25 Issuing summons of garnishment .75 Each additional copy of summons .75 Settling case before judgment .75 Claim affidavit and bond 1.00 Trying same 1.00 Certifying transcript 1.50 Issuing order to sell perishable property 1.50 Each lien foreclosure and docketing same 2.75 Each order issued by the court 1.50 Each case tried by jury 1.00 Issuing commission to take interrogatories 4.00 Backing fieri facias .75 Rule nisi against officer .75 Trying the same .75 Judgment on the same .75 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered sheriff's cost 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.00 Returning nulla bona 1.00 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 per cent Serving rule to establish lost paper .70 Every additional copy .60 Serving court order 1.00 Each additional copy .60 Following property out of county, going and returning per mile .10 Levying each distress warrant 1.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 2.00 Serving summons of garnishment 1.00 Each additional summons 1.00

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D. In all cases in said court where the principal amount involved, not including interest, hire and costs, exceeds $200.00, and in all cases where the value of the property involved exceeds $200.00 or where the cross-action or counter-claim of the defendant exclusive of interest, hire or costs exceeds $200.00, the costs to be charged and collected by the officers of said court shall be the same as the costs in the superior court, taxable for clerk and the sheriff respectively. Costs where cases exceeds $200. E. The costs to be taxed in said court in possessory-warrant cases, criminal warrants, peace warrants and search warrants shall be the same as those fixed by law in justice of the peace courts. Possessory and other warrants. F. In dispossessory-warrant cases and proceedings to eject intruders, the costs shall be $2.50 for the clerk for issuing and

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$2.50 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace court costs. Dispossessory proceedings. G. In trover and bail-trover suits where the principal amount involved exclusive of interest, hire and costs, or the alleged value of the property, exclusive of hire and costs, does not exceed $200.00, the costs taxable by the clerk shall be the same as justice of the peace court costs. If the principal amount involved, exclusive of interest, hire and costs, or the alleged value of the property involved, exclusive of hire and costs, exceeds $200.00, superior court costs shall be taxed by the clerk against the party cast therein. Trover. H. In all other cases not herein specifically provided for the costs to be taxed by the clerk shall be the same as justice of the peace court costs in all cases where the principal amount involved exclusive of interest, hire and costs does not exceed $200.00 and shall be the same as superior court costs where such principal so computed does exceed $200.00. In cases where such principal so computed exceeds $100.00 and does not exceed $200.00 the sheriff's costs for advertising personal property shall be $1.00. Where the principal so computed exceeds $200.00, the sheriff's costs for advertising personal property shall be $2.00. Costs in other cases. I. All costs collected in said court by the officers thereof shall be paid into the treasury of Bibb County monthly on the first, or within three days thereof, of each month by the clerk to be applied to the expenses of operating said court. Disposition of costs. J. Should the amount claimed by the plaintiff place the suit in one classification as to costs and the amount claimed by the defendant in this cross-action or counter-claim place the suit in another classification, the costs to be charged on the crossaction shall be determined by the judgment or verdict in the case. Cost on cross-action or counter-claim. Section III. The full name and legal title of said court from the effective date of this Act shall be Civil Court of Bibb County. Should this Act or any part thereof be held unconstitutional by the Supreme Court, the corresponding original Acts hereby sought to be changed shall ipso facto and pro tanto stand re-enacted and restored. If part unconstitutional.

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Section IV. This Act shall become effective on the first day of the next succeeding calendar month after its approval by the Governor. There shall be no change in the jurisdiction, practice or procedure in said court except as herein provided for. All officers of the Municipal Court City of Macon shall be the corresponding officers of the Civil Court of Bibb County, invested with all the rights, prerogatives, powers and duties as officers of the Civil Court of Bibb County that were held and exercised by them as officers of the Municipal Court City of Macon. Effective date. Incumbent officers. Section V. Be it further enacted that all cases of every kind now pending in the Municipal Court City of Macon be and the same are automatically transferred to the Civil Court of Bibb County, with full power in the said Civil Court of Bibb County, and the officers thereof to act thereon and to try and dispose of said cases as provided by law. Business pending. Section VI. Be it further enacted that all laws and parts in conflict herewith be and the same are hereby repealed. Approved February 11, 1950. MANCHESTER CHARTER AMENDMENTS. No. 626 (House Bill No. 966). An Act to amend the Act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester (Acts 1909, pages 1071 et seq.) together with all Acts amendatory thereof; to extend and re-define the corporate limits of said city; to provide for a referendum on the extension of the city limits of Manchester, to amend Section Three (3) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) in order to provide for an increase in the number of Commissioners of the City of Manchester from three to five; to amend Section Eleven (11) of the Act approved August 23, 1923, (Georgia Laws 1923, page 739) in order to provide that a quorum of such Commissioners for the transaction of business shall be three instead of two; to repeal Section Six (6) of the Act approved August 20, 1923, (Georgia Laws 1923,

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page 739) providing for the terms of office of the Commissioners of the City of Manchester and the time and manner of election of such Commissioners; to provide that the term of office for the Commissioners of the City of Manchester shall be two years; to provide for the time and manner of election of such Commissioners; to provide for the termination of the terms of the present Commissioners of the City of Manchester; to provide that the provisions of this Act changing the number of Commissioners of the City of Manchester and the terms of office of such Commissioners and the termination of the present terms shall not become effective until approved in a referendum as provided by the general laws in such case made and provided, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester (Acts 1909, pages 1071 et seq.), together with all Acts amendatory thereof, be and the same are hereby amended as follows: Acts amended. Section 1. Be it enacted by the authority aforesaid that the corporate limits of the City of Manchester, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries so as to include the following territories, to wit: All of Lot of Land Number Two Hundred Thirty-eight (238) in the Gill (originally Second) District of Meriwether County, Georgia; the northern quarter of Lot of Land Number Two Hundred Thirty-nine (239) running entirely across the north side of said lot, the same lying and being in Talbot County, Georgia and lying immediately south of said lot of Land Number Two Hundred Thirty-nine (239) above mentioned: all of Lot of Land Number Two Hundred Thirty-seven (237) in the said Gill District of Meriwether County which lies west of the present city limits of the City of Manchester; all of Lot of Land Number Two Hundred Thirty-six (236) in the said Gill District of Meriwether County, Georgia, which lies south of the north bank of Pigeon Creek; all of that part of Lot of Land Number Two Hundred Forty-five (245) in the said Gill District of Meriwether County which lies between the present city limits of the City of Manchester and the north bank of

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Pigeon Creek; all of Lot of Land Number Two Hundred Sixty-seven (267) in the said Gill District of Meriwether County which lies south of the north bank of Pigeon Creek; all of Lot of Land Number Two Hundred Sixty-eight (268) in the said Gill District of Meriwether County which lies north of the present city limits of the City of Manchester; all of Lot of Land Number Eleven (11) in the Chalybeate (originally First) District of Meriwether County, Georgia which lies south of the north bank of Pigeon Creek; all of Lot of Land Number Twelve (12) in the said Chalybeate District of Meriwether County; all of Lot of Land Number Thirteen (13) in the said Chalybeate District of Meriwether County, Georgia which lies east of the present city limits of the City of Manchester; all of the north half of Lot of Land Number Fourteen (14) in the said Chalybeate District of Meriwether County, Georgia which lies south of the present city limits of the City of Manchester; all of Lot of Land Number Twenty-two (22) in the said Chalybeate District of Meriwether County which lies south of the north bank of Pigeon Creek; all of the west half of Lot of Land Number Twenty-one (21) in the said Chalybeate District of Meriwether County except for the portion thereof which lies north of the north bank of Pigeon Creek; and that the corporate limits of the said City of Manchester are hereby extended so as to include the following territory, to wit: Beginning at the south-west corner of Lot of Land Number Two Hundred Thirty-eight (238) in the Gill (originally Second) District of Meriwether County, Georgia thence running north along the west boundary lines of Lots of Land Numbers Two Hundred Thirty-eight (238), Two Hundred Thirty-seven (237) and Two Hundred Thirty-six (236) in the said Gill District to the north bank of Pigeon Creek; thence running easterly along the north bank of Pigeon Creek to its intersection with the west boundary line of Lot of Land Number Two Hundred Forty-five (245) in the said Gill District of Meriwether County; thence running north along the west boundary line of said Lot of Land Number Two Hundred Fortyfive (245) to a point which is thirty-three and 15/100 (33.15) chains north of the southwest corner of said Lot of Land Number Two Hundred Forty-five (245); thence running East to the North bank of Pigeon Creek; thence running easterly along the north bank of Pigeon Creek to its intersection with the east boundary line of the west half of Lot of Land Number Twenty-one

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(21) in the Chalybeate (originally First) District of Meriwether County, Georgia; thence running south to the south boundary line of said Lot of Land Number Twenty-one (21) in the said Chalybeate District; thence running west along the south boundary line of said Lot of Land Number Twenty-One (21) in the Chalybeate District to the northeast corner of Lot of Land Number Thirteen (13) in the said Chalybeate District of Meriwether County, Georgia; thence running south along the east boundary lines of Lots of Land Numbers Thirteen (13) and Fourteen (14) in the said Chalybeate District to the south boundary line of the north half of said Lot of Land Number Fourteen (14) in the said Chalybeate District; thence running west along the south boundary line of the north half of said Lot of Land Number Fourteen (14) to the west boundary line of said Lot of Land Number Fourteen (14); thence running south along the east boundary lines of Lot of Land Number Two Hundred Seventy (270) in the Gill (originally Second) District of Meriwether County, Georgia, and of the northern quarter of Lot of Land Number Two Hundred Seventy-One (271) in Talbot County, Georgia which said Lot of Land Number Two Hundred Seventy-one (271) lies immediately south of said Lot of Land Number Two Hundred Seventy (270) in the said Gill District of Meriwether County, Georgia, thence running west along the south boundary lines of the northern quarters of Lots of Land Numbers Two Hundred Seventy-one (271), Two Hundred Forty-two (242) and Two Hundred Thirty-nine (239) in Talbot County, Georgia, to the west boundary line of said Lot of Land Number Two Hundred Thirty-nine (239) in Talbot County, Georgia, which said Lot of Land Number Two Hundred Thirty-nine (239) lies immediately south of said Lot of Land Two Hundred Thirty-eight (238) in the said Gill District of Meriwether County, Georgia; thence running north along the west boundary line of said Lot of Land Number Two Hundred Thirty-nine (239) to point of beginning. Corporate limits. Section 2. All of said territory and the inhabitants thereof mentioned in Section 1 of this Act shall become annexed to and made a part of the City of Manchester, a municipal corporation of Meriwether 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

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heretofore exercised over the territory and inhabitants embraced within the present territorial limits of said city in the event that the qualified voters shall approve the annexation thereof in referendum hereinafter provided for. Powers of City in added territory. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and that there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Meriwether County, Georgia and Talbot County, Georgia respectively, are published, to the effect that said notices have been published as provided by law. Section 4. Be it further enacted by the authority aforesaid that the territory described in Section 1 hereof shall not be annexed to the said City of Manchester until a referendum is called by the Commissioners of the City of Manchester to be held not less than thirty (30) days nor more than sixty days after the passage and approval of this Act, persons qualified to vote for members of the General Assembly of Meriwether County and Talbot County as Jan. 1, 1950 and residing in the City of Manchester and in the areas to be annexed shall be eligible to vote in the said referendum. The Commissioners of the City of Manchester shall name at least six citizens residing in the area which is proposed to be annexed as managers of said election to be in charge of the referendum in the areas proposed to be annexed; said managers shall select the polling places in the areas proposed to be annexed and shall conduct the said referendum in the areas proposed to be annexed. If a majority of those voting residing in the area to be annexed and a majority of those voting residing in the City of Manchester shall vote favorable to the annexation of the territory, then the said territory provided for in Section 1 hereof shall become a part of the City of Manchester. Those voters voting in said election favoring the annexation of the territory herein provided for shall have written or printed upon their ballots the following, For extending the city limits of the City of Manchester, and those voters voting in said election who do not favor the annexation of the territory herein provided for shall have written or printed on

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their ballots the words, Against extending the city limits of the City of Manchester. If the referendum herein provided for shall result in the annexation of the territory referred to in Section 1 hereof, then the city authorities of the City of Manchester shall transmit the result of the said election to the Secretary of State. Referendum. Section 5. Be it entitled 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 as provided by law, Section Three (3) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) amending the charter of the City of Manchester be and the same is hereby amended by striking therefrom the work three from the first sentence of said section and inserting the word five so that, as amended herein, said sentence shall read as follows: Be it further enacted by the authority aforesaid, that in lieu of a Mayor and Council for the City of Manchester, there is hereby created and established a Commission of five citizens who shall be known as the Commissioners of the City of Manchester. Sec. 3, Act of 1923, amended. Commissioners. Section 6. Be it further enacted by the authority aforesaid that Section Eleven (11) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) be and the same is hereby amended by striking the last two sentences of said section and inserting in lieu thereof the following: Three members shall constitute a quorum for the transaction of business, so that as amended herein said section will read as follows: Be it further enacted, that, whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said Commission which shall have authority to approve or disapprove, or to amend the same. Three (3) members shall constitute a quorum for the transaction of business. Sec. 11 amended. Quorum. Section 7. Be it further enacted by the authority aforesaid, that from and after the approval of this Act as provided by law, Section Six (6) of the Act approved August 20, 1923, amending the charter of the City of Manchester (Georgia Laws 1923, page 739) shall be and the same is hereby repealed in its entirety, and the following shall be and the same is hereby substituted for and in lieu thereof so that said Section Six (6) shall, as amended

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herein, read as follows: Said Commissioners shall be elected for a term of two years each or until their successors are elected and qualified. Upon the approval of this Act by referendum in compliance with Code of Georgia Annotated, 1933, Section 69-102, the first election for the offices of Commissioners of the City of Manchester shall be held on the 30th day following the date of such approval by referendum as aforesaid, at which election the Commissioners provided for herein shall be elected to serve until the 2nd Wednesday in January 1952. At the first and at all succeeding elections the five candidates receiving the highest number of votes shall be declared elected. In all elections held for Commissioners of the City of Manchester, in case there is a tie vote between the candidates, so that it cannot be determined what candidates received the highest number of votes, a new election shall be ordered by the Ordinary of Meriwether County, in not less than ten days or more than fifteen days from the election, which election, called by the Ordinary, shall be only between the candidates receiving the same number of votes in the previous election, and this election shall be held under the same rules and regulations governing the first election and the registration list used in the previous election shall be the one used in the election called by the Ordinary as provided herein. Elections may be called, as herein provided as often as may be necessary until the candidate or candidates may be elected. After said first election hereunder, held on the 30th day following the date of the approval of this Act by referendum as provided by law, a regular election shall be held on the second Wednesday in January every two years thereafter for the purpose of electing Commissioners to fill the vacancies of the outgoing Commissioners, whose terms of office shall be two years. Sec. 6 amended. Election of Commissioners. Section 8. Be it further enacted by the authority aforesaid that the terms of office of the Commissioners of the City of Manchester serving on and as of the date of the first election for Commissioners as herein provided shall terminate upon the election of the five Commissioners herein provided for and the said five Commissioners so elected shall take office on the day following the election. In all succeeding elections the Commissioners elected in such election shall take office the day following their election. Terms.

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Section 9. Be it further enacted by the authority aforesaid that the registration list to be used at the said first election of Commissioners hereunder, on the 30th day following approval of this Act by referendum as provided by law, shall be one and the same as used in and for said referendum approving this Act. Section 10. Be it further enacted by the authority aforesaid that it is the express legislative intent of the General Assembly of Georgia that Section 5 thru 9 inclusive of this Act shall not become effective until approved by referendum as provided in Section 69-101 and 69-102 of the Code of Georgia of 1933. Referendum. 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for the passage of a local bill at the January 1950 session of the General Assembly of Georgia, to be entitled as follows; An Act to amend the Act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester (Acts 1909, pages 1071 et seq.), together with all Acts amendatory thereof; to extend and re-define the corporate limits of said city; and for other purposes. This January 2, 1950. Board of Commissioners for the City of Manchester. By G. C. Thompson, City Attorney. Georgia, Talbot County. Before me, the undersigned, a notary public, this day personally came B. L. Tyler, who, being first duly sworn, according to law, says that he is the editor and publisher of the Talbotton New-Era, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the above and foregoing is a true and correct copy, was published in said paper on the 5th, 12th and 19th days of January, 1950, as provided by law. (s) B. L. Tyler

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Sworn to and subscribed before me, this the 20th day of January, 1950. (s) Robert A. Jordan, Notary Public. (N. P. Seal) Notice to Apply for Local Legislation. Take notice that one or both of the Representatives for Meriwether County will introduce into the General Assembly of Georgia for passage at its January 1950 session a local bill amending the charter of the City of Manchester, Georgia, such bill being described by the following caption thereto: A Bill to be entitled an Act to amend the charter of the City of Manchester approved Aug. 16, 1909 (Georgia Laws 1909, page 1071) as amended by Act approved July 28, 1911 (Georgia Laws 1911, page 1378) and as amended by Act approved Aug. 8, 1914 (Georgia Laws 1914, page 1044) and as amended by Act approved Aug. 9, 1917 (Georgia Laws 1917, page 747) and as amended by Act approved Aug. 10, 1921 (Georgia Laws 1921, page 1005) and as amended by Act approved amend Section Three (3) of the Aug. 20, 1923 (Georgia Laws 1923, page 739) and as amended by Act approved Aug. 6, 1924 (Georgia Laws 1924, page 663) and as amended by Act approved Aug. 17, 1925 (Georgia Laws 1925, page 1174) and as amended by Act approved July 19, 1927 (Georgia Laws 1927, page 1360) and all other Acts amendatory thereto; to Act approved Aug. 20, 1923 (Georgia Laws 1923, page 739) in order to provide for an increase in the number of Commissioners of the City of Manchester from three to five; to amend Section Eleven (11) of Act approved Aug. 20, 1923 (Georgia Laws 1923, page 739) in order to provide that a quorum of such Commissioners for the transaction of business shall be three instead of two; to repeal Section Six (6) of the Act approved Aug. 20, 1923 (Georgia Laws 1923, page 739) providing for the terms of office of the Commissioners of the City of Manchester and the time and manner of election of such Commissioners; to provide that the term of office for the Commissioners of the City of Manchester shall be two years; to provide for the time and manner of election of such Commissioners; to provide for the termination of the terms of the present Commissioners of the City of Manchester; to repeal all laws and parts of laws in conflict herewith; to provide that this

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Act shall not become effective until approved by referendum as provided by law; and for other purposes. State of Georgia. Meriwether County. Personally appeared before me the undersigned attesting officer, R. K. Stoval, who on oath says that he is publisher of the Meriwether Vindicator, Greenville, Meriwether County, Georgia, and that the Meriwether Vindicator is the legal organ of Meriwether County, Georgia and the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached Notice of Intention to Apply for Local Legislation was published in said Meriwether Vindicator on the following dates:...... (s) R. K. Stoval R. K. Stoval, Publisher, Meriwether Vindicator. Sworn to and subscribed before me this 14th day of January, 1950. (Seal) (s) A. D. Herring, C.S.C. Approved February 13, 1950. IVEY NEW CHARTER. No. 627 (House Bill No. 948). An Act to create and establish a charter for the Town of Ivey, to declare the rights, powers and privileges of said corporation, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the name of the corporation shall be Town of Ivey and by such, its corporate name, it shall have perpetual existence, shall sue and be sued, plead and be impleaded, and do all other acts relating to its corporate capacity. It shall have and use a common seal. Incorporation.

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Section 2. The boundaries of said Town of Ivey shall be as follows: Beginning at an iron stob driven in the center of the run of Beaver Creek on the western border of the newly surveyed State Highway No. 243 running from Gordon, Georgia to Milledgeville, Georgia; thence down the center of the run of said creek to where it intersects the land line separating the lands of J. T. Youngblood and the lands of V. P. Jackson; thence in a southwesterly direction along said line and continuing along said line which separates the lands of O. L. Brooks from the lands known as the Hornsby Place to the run of Big Commissioner Creek; thence in a direct straight line to that certain point where the land line separating lands of A. B. Brooks sometimes known as the Farmer Place from the lands of Mrs. I. G. Jones intersects the western side of the road leading from the Gordon, McIntyre Public Road by way of the residence of W. H. Hardie to State Highway #243. Thence northward along the western border of above said public road to where said road intersects the above mentioned State Highway No. 243; thence westward across said State highway to a point where the land line separating the lands of S. R. Owens and Mrs. Robert Brooks intersects said State highway; thence northward along the land line of S. R. Owens and Mrs. Robert Brooks and continuing along land line of Mrs. Robert Brooks to where Mrs. Robert Brooks' land line intersects State Highway No. 243 near Big Commissioner Creek including all the lands of Mrs. Robert Brooks, better known as the Old C. H. McCook Homeplace, in the Town of Ivey; thence along western border of said State Highway No. 243 to starting point. Corporate limits. Section 3. The municipal government shall consist of a mayor and four (4) aldermen, elected from the town at large, and such other officers, servants or agents, hereinafter enumerated as said mayor and aldermen shall from time to time lawfully elect or employ, or as shall be elected, as hereinafter provided. Officers. Section 4. The mayor and aldermen shall constitute the board of council, and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation, and not otherwise specifically designated or delegated. Mayor and Aldermen. Section 5. The mayor shall be elected by popular vote as

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hereinafter prescribed, and shall hold office for two years (2), and until his successor shall be elected and qualified. He shall receive such reasonable salary, not more than one hundred dollars ($100.00) per annum, as may be fixed by the board of council, and his salary shall neither be increased nor diminished during his term of office. He shall have authority, to wit: Mayor's term and salary. (1) To preside over any and all meetings of all the board of council, but not to vote therein except in elections and impeachments. (2) To call special meetings of the board of council, whenever he may deem the same necessary; provided, he shall be required to call a meeting of said board of council whenever three aldermen shall so request in writing. Duties. (3) To have general oversight over all executive officers, employees or servants of the town, and in case of misconduct, or neglect of duty on the part of any such officer, employee or servant, he shall have power to suspend him, pending investigation by the board of council. (4) To preside in the police court of said town, and to exercise all the rights, privileges and powers hereinafter conferred upon the presiding officer of the said court. (5) To pardon offenders against the town ordinances and to suspend, reduce or vacate any sentence of the police court of said town, one-half of the four aldermen approving such veto, suspension or reduction, whether imposed by himself, or the mayor pro tem., or any aldermen presiding in said court under the provisions of this Act. (6) To exercise all powers conferred upon him by this Act, or which may hereafter be conferred upon him by ordinance of the said board of council not in conflict with this Act. Section 6. Election for mayor and aldermen shall be by vote of the people, under the regulations hereinafter prescribed, and shall be held on the first Thursday in December of each year, and to take effect on the first day of January, following. Election of Mayor and Aldermen. (1) The first election hereunder shall be held on the first Thursday in December 1950, at which time a mayor shall be

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elected, and four aldermen; two of said aldermen to be elected for one year, and two for two years. Thereafter two aldermen shall be elected each year, and the mayor shall be elected biennially, and the mayor and aldermen so elected shall qualify and enter upon the discharge of their respective duties of the first day of January following the said election. (2) In the event the mayor or any aldermen shall, without providential hindrance, fail to qualify, and enter upon the discharge of his duties within five days after the said date, the board of council shall immediately declare a vacancy in said office, and call an election to fill said vacancy. Such special elections shall be held at the regular polling places in said town, as in case of regular elections, and shall be held within fifty (50) days after such vacancy shall occur, and shall be advertised for four (4) weeks by posting three notices at public places in said town. In all other respects, the rules governing regular elections shall apply to such special election. Vacancies. (3) In the event of the resignation of the Mayor or any Alderman, the board of council shall, after accepting the said resignation, call an election to fill the vacancy caused thereby, for the unexpired term, as heretofore prescribed. (4) The board of council shall provide, by ordinance, for the impeachment and trial of the mayor or any alderman, who, upon conviction of malpractice in office, or of wilful neglect or abuse of the powers and duties of same, shall, by a three-fourths vote of the whole body (the mayor voting, except in case of his own impeachment), be dismissed from office, and the resulting vacancy shall be filled as heretofore described. Impeachment. (5) The mayor and aldermen shall, during their terms of office, be exempt from street tax. (6) A mayor pro tem. shall be annually elected by the board of council, who shall preside over all meetings of the board of council, in the absence, disqualification or disability of the mayor, and shall exercise all of the powers and perform all of the duties of said officer, when notified by the mayor of his intended absence from the town, or disqualification or other like disability. Mayor Pro Tem. (7) In the event of the absence of both the mayor and the

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mayor pro tem., from any meeting of the board of council, any alderman may be chosen to preside over such meeting. (8) The board of council shall constitute the legislative part of the town government, and as such, no less than the mayor, it shall be their duty to exercise a watchful care over all of the town's interests, and more especially to initiate and propose such municipal legislation as to them may seem proper and needful. All meetings of the board shall be open to the public. Board of Council. (9) Said board of council or its presiding officer shall have authority to punish for contempt by a fine not to exceed ten dollars ($10.00), or imprisonment in the town prison, for not longer than ten days, or both; and, in this connection, to pass all ordinances deemed proper in the premises; shall have power to establish parliamentary rules for the orderly conduct of business; and shall, before entering upon the discharge of their duties, each take and subscribe the following oath, before the mayor or other officer authorized by law to administer same: I do solemnly swear (or affirm) that I will faithfully and uprightly demean myself as mayor (or alderman, as the case may be) of the Town of Ivey, during my continuance in office; that I will, to the utmost of my skill and ability, promote the interest and prosperity of the said town; that I will not knowingly or wilfully use or be the cause of using any tyrannical means toward any citizen thereof, so help me God. Powers. Their oath. (10) No ordinance adopted by the board of council shall go into effect until it shall have been approved by the mayor, or passed over his veto, as hereinafter provided; all ordinances or resolutions appropriating money shall likewise require the mayor's approval before becoming operative. Ordinances. Section 7. The following municipal officers shall be elected by the board of council on first Monday night of each year (or at their first meeting thereafter), and shall hold office for one year, and until their successors shall be elected and qualified, viz., a chief of the fire department, who shall be selected from the salaried officers of the town; an attorney; a physician, and an inspector of plumbing. Each shall receive such compensation, by way of salary or fees, as may be fixed by the board of council, which shall remain the same during the term of office. When

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not otherwise prohibited by law, aldermen may hold any of said offices, but the mayor shall not be eligible thereto. Other officers. Section 8. At the election at which a marshal and an assistant marshal are elected there shall be elected also a town clerk, who shall be ex-officio tax collector, a treasurer and an auditor, each of whom shall hold office for two years, and until his successor is elected and qualified. The clerk shall receive a salary not exceeding two hundred and fifty ($250.00) dollars a year, the same person may be authorized to hold both offices which compensation shall remain the same during the term of office. The auditor shall receive such compensation as is fixed by council. Aldermen, when not otherwise prohibited by law, but not the mayor, shall be eligible to election as clerk or treasurer or both. The town clerk shall give a satisfactory bond, to be approved by the board of council in the sum of one thousand ($1,000) dollars; the treasurer shall likewise be bonded in the sum of three thousand ($3,000) dollars. Each of said officers shall discharge the duties hereinafter prescribed, or which may be required of him by ordinance of the board of council, and shall, before entering upon the discharge of his duties, take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully and impartially discharge my duties as (in whatever capacity) serving Town of Ivey, during my term of office, to the best of my skill and ability, so help me God. The cost of all surety bonds of bonded officers shall be paid out of the town treasury. City Clerk, Treasurer. Their oath. Section 9. A vacancy in any office other than mayor or councilmen shall be filled by the board of council within fifteen days. Vacancies. Section 10. Any citizen of the Town of Ivey, who is a qualified voter therein shall be eligible to hold any municipal office. Officers' qualifications. Section 11. All officers shall at all times be subject to the jurisdiction of the council, and amenable to their discipline and may be suspended, fined or removed by a majority vote of the entire body (the mayor voting) for any cause that may seem just and proper, after a fair opportunity to be heard. Removal, etc. of officers. Section 12. All officers elected by the board of council or otherwise shall take and subscribe an oath to properly perform

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their respective duties, and may be bonded as the board of council shall, by ordinance, prescribe. Oath and bond. Section 13. Neither the mayor nor aldermen or any officer of the Town of Ivey shall be interested, directly or indirectly, in any contract made with the town nor receive, directly or indirectly, and any profit or emolument from the purchase or sale of any material or other article paid out of the public revenues, or for which the town becomes responsible. Purchases. Section 14. All elections, both regular and special, shall be conducted in accordance with the following regulations: Election regulations. (1) All elections shall be held at such polling place or places as the board of council may, by ordinance, prescribe. (2) The board of council shall designate three managers, each of whom shall be a qualified voter and respectable citizens or freeholder of said town, and who shall each take and subscribe the following oath: All and each of us do swear that we will faithfully manage this day's election, that we are respectable citizens or freeholders and voters in said town, that we will make a just and true return thereof, and not knowingly prohibit anyone from voting who is so entitled by law; and we will not divulge for whom any vote was cast unless called on under the law to do so. So help us God. Said oath may be taken before the mayor or any officer authorized by law to administer oaths, or the managers may swear one another. In case any manager appointed by the board of council shall fail or refuse to act, the mayor, or in his absence, the mayor pro tem., or any alderman may fill such vacancy. Managers. (3) The vote shall be given by ballot and secretly, as provided by the laws of Georgia; the managers shall keep two lists of those voting in said election, and shall number the names in order of voting. Two tally sheets shall also be kept. Secret ballot. (4) The polls shall be open from eight o'clock a.m. to six o'clock p.m. standard time); dinner shall be furnished said managers at the expense of the town; and they shall receive, in addition, a per diem fixed by ordinance, not exceeding two dollars each. Hours. (5) The count may begin at any time, unless a candidate in

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person or by written authority, shall object; in that event, the count shall not begin until the polls are closed. Count. (6) The mayor shall require the marshal to preserve order, in and about the polling place, and shall provide a sufficient number of policemen for the purpose. Order. (7) When any voter is challenged, that fact shall be written opposite his name on the list, and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States, and of the State of Georgia; that I have attained the age of eighteen years, and resided in the State for one, and in the County of Wilkinson, and Town of Ivey for three months next preceding this election; and that I have not voted before at this election. So help me God. Any voter who shall refuse to take the foregoing oath, when challenged, shall have his ballot rejected. Oath of challenged voter. (8) When the votes have been counted, there shall be a certificate signed by all of the managers, stating the number of votes each person or question as the case may be, voted for, upon, received, and each list of voters and tally-sheet and one list of voters shall be sealed in an envelope and delivered to the town clerk, who shall preserve same safely, and unopened, until the next regular or special meeting of the board or council. The board of council shall receive said returns, and declare the result of said election by resolution entered upon the minutes. Returns and declaration. (9) The remaining papers pertaining to said election, with the ballots, shall be securely sealed and delivered to the clerk of the Superior Court of Wilkinson County, who shall keep them safely and unopened until after the next session of the said court, and if they be not then called for by lawful authority, shall then destroy same, without breaking the seal. Section 15. The board of council shall have authority, by ordinance, to require registration for town elections, and to prescribe the method thereof. Registration of voters. Section 16. All persons qualified to vote for members of the General Assembly, in the County of Wilkinson, and who shall have resided in the jurisdictional limits of the Town of Ivey for three months next preceding the election, and who shall have paid

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all taxes, which shall have been lawfully imposed, and shall have registered, if required, shall be qualified to vote at any election. Qualifications of voters. Section 17. Corporate LimitsHow extended by election. Territory adjacent to the corporate limits of the Town of Ivey may be incorporated into and as a part of said town by the consent of the mayor and council of said Town of Ivey and a majority of the persons residing in said territory sought to be so incorporated, qualified by law to vote for members of the General Assembly of this State, and who have duly registered, qualified, and voted as hereinafter provided. It shall be lawful for as many as ten (10) qualified voters residing in any of the territory which is sought to be incorporated, adjacent to the corporate limits of said Town of Ivey, to petition the mayor and council of said town for incorporation of said territory into and as a part of said town, which petition shall particularly describe the metes and bounds of the territory sought to be incorporated, and shall be signed by said petitioners and filed with said mayor and council; and thereupon, if the said mayor and council shall approve the same, said approval by resolution shall be filed with the clerk of Wilkinson Superior Court, and thereupon the judge of said court shall order an election by the persons residing within said territory sought to be incorporated, qualified to vote as aforesaid, and who have duly registered and qualified as hereinafter provided. All persons qualified to vote for members of the General Assembly of this State in the County of Wilkinson, and who are and have been, for thirty days immediately preceding said election, bona fide residents of said territory sought to be incorporated as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered, as aforesaid. It shall be the duty of the judge, when an election is ordered as aforesaid, to fix the time when said election shall be held, not later than thirty (30) days after the petition is presented, and to designate within said territory sought to be incorporated such number of voting places as the size of said territory sought to be incorporated and convenience of the persons residing therein may seem to require. It shall be the duty of the judge, when an election is ordered as aforesaid, to appoint three respectable citizens or freeholders for each voting place from said territory sought to be incorporated, who shall be qualified to vote at said election, to manage said election.

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Said managers' duties shall be the same, and they shall take the same oath, as those duties prescribed and oath required by said Act for managers holding elections for the same Town of Ivey. The polls at said election shall be kept open the same length of time as is now prescribed for keeping open the polls in all the elections of said town. If any person offering to vote at said election ordered and held as aforesaid is challenged, he shall take the same oath as is now prescribed for voters in this Act, except that part of said oath which reads as follows, to wit: and in the Town of Ivey three months next preceding said election, but shall swear in lieu thereof, in addition to the balance of said oath: I am a bona fide resident of the territory sought to be incorporated, and have been for thirty days next preceding said election. Corporate limits, extension by election. Petition. Election. Managers. Hours. Oath of challenged voter. When an election is ordered as aforesaid, it shall be the duty of the two registrars, to be appointed by said judge, to act as registrars for said election, and they shall open books at the courthouse for the signatures of persons residing in the territory sought to be incorporated as aforesaid. Said books for registration shall be kept open for at least five days, exclusive of Sundays, before the date fixed for said election, from 9 o'clock a.m. to 6 o'clock p.m. It shall be the duty of the judge to fix the days on which said books for registration shall be kept open. The registration list shall be consolidated within three days after the last day of registration, and immediately turned over to the clerk of the superior court. In making up the registry of the voters the said registrars shall enter thereon the name and age of the applicant. The names of white and colored voters shall be kept separate. Registration. The qualification necessary for registration as aforesaid shall be the same as the qualification prescribed for voters in said town, with the following exceptions, to wit: That the qualifications as follows, and in the town three months, shall not be required, but in lieu thereof, and in addition to the other qualifications, the person shall be at the time he offers for registration, and shall have been for thirty days preceding said election, a bona fide resident of the territory sought to be incorporated as aforesaid; also that part of the oath prescribed as follows: that I will have resided for the last three months in the Town of Ivey at the time of the election, shall not be required; but in lieu

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thereof, and in addition to the balance of said oath, the person shall swear: I am now and have been for thirty days preceding said election a bona fide resident of the territory sought to be incorporated. All of said provisions shall apply with the exceptions above enumerated. No person shall be allowed to vote at said election who has not duly registered according to the provisions herein set forth. Qualifications of voters. There may be an appeal from the decision of the registrars aforesaid to a committee which shall be appointed by the judge from the council of said town and the citizens residing in the territory sought to be incorporated as aforesaid, and the decision of said committee shall be final. All appeals shall be made up, heard, and decided within two days from the close of said registration list, exclusive of Sundays. Appeal from decision of registrars. It shall be the duty of the judge to cause to be published in one newspaper published in the County of Wilkinson a notice of the election when ordered as aforesaid, which published notice shall particularly describe the metes and bounds of the territory sought to be incorporated as set out in the petition for incorporation, the time fixed for said election, the names of the three respectable citizens or freeholders appointed to manage the same, the days on which the books for registration will be open, and shall designate and describe the place or places where the said election will be held. Said notice shall be published at least fifteen days prior to the time for said election. The mayor shall provide all necessary material for carrying on the said election. Notice of election. All persons voting at an election held as hereinbefore set forth, who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words For incorporation, and those opposed to the same shall have written or printed on their ballots, Against incorporation. Ballots. If, upon examination of the tally-sheet by said judge, it shall appear that a majority of the persons voting at an election ordered and held as hereinbefore set forth have voted in favor of incorporation, the judge shall declare the result by order entered on the minutes; and thereupon the Mayor and Council of the Town of Ivey shall so declare by resolution; and thereupon the mayor of said town shall issue his proclamation declaring said territory incorporated into and as a part of the Town of

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Ivey. And the voters of residing in said annexed territory shall become citizens of said town and be permitted to vote in all town elections and party primaries held after such annexation becomes effective; provided they are qualified to vote under the provisions of this Act. Declaration of results; incorporation of territory. Any person voting in any election held as hereinbefore set forth, without having registered as hereinbefore set forth, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1065 of the Penal Code of 1910 of this State. Illegal voting. Section 18. An person who shall vote illegally at any election herein provided for shall be guilty of a misdemeanor, and shall be punished as prescribed in Section 1039 of the Georgia Code of 1895. Section 19. There shall be a town police court, which may sit at any time at the pleasure of the mayor or presiding officer, and which shall hold regular sessions at such times as may be fixed by ordinance. The mayor shall be the presiding officer of said court, and may prescribe rules for the orderly conduct of its business not in conflict with the laws of the State or the ordinances of the town. In the event of the absence or disability any alderman designated by the mayor, or mayor pro tem., shall preside, and while presiding shall be vested with all the power and authority of the mayor in said court. Police Court. (1) Said police court shall have authority and jurisdiction to try and punish all offenders against the laws or ordinances of the Town of Ivey, committed within the corporate limits thereof, and to punish for the violation of such laws and ordinances by inflicting such punishment as may be prescribed by ordinance under the authority hereinafter provided. When there is no justice of the peace or ex officio justice, having an office in the town, or when such officers are absent from the town, the jurisdiction of said court shall extend to the investigation of any offense against the penal laws of the State, when such offense is alleged to have been committed within the town, provided such charges shall have been entered upon the docket of said court, and in all such cases the officers of said court shall be entitled to receive and collect the same cost as are allowed to justices of the peace and constables for like services. Jurisdiction.

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(2) The mayor or other presiding officer of said court shall have the power to impose fines and inflict punishment for the violation of valid laws and ordinances of the Town of Ivey, within the limits prescribed by law, and said mayor or other presiding officer shall also have the same power as judges of the superior court of this State to punish for contempt by fine not to exceed twenty-five ($25.00) dollars, and imprisonment in the town prison or Wilkinson County jail, not to exceed twenty days (20), either or both of said punishments may be imposed in the alternative. Said mayor or other presiding officer of said court shall also have authority to commit and bind over persons on trial before him for violations of town laws and ordinances, whenever it shall develop upon the trial that a State law has been violated. Punishments. (3) The presiding officer of said court shall have authority to administer oaths whenever necessary in the conduct of any investigation before him; the mayor shall have authority to administer any oath required by this Act or by the ordinances of the town. (4) Said police court shall be a court of record, and there shall be kept a docket on which shall be entered the names of all accused persons, the charge, the name of the informer or prosecutor, and the sentence of the court or judgment. In each case where a violation of a town ordinance is charged, it shall be the duty of the officer making the arrest to prefer charges in writing, setting forth the offense charged, in substantially the following form: I (marshal or policeman, as the case may be), of the Town of Ivey, in the name and behalf of the citizens of said town, charge and accuse (naming the accused) with the offense (naming the offense), for, that the said party in the town on the..... (date), did commit (naming the crime), contrary to the laws of the said town, the good order, peace and dignity thereof, which accusation shall be signed by the officer preferring same, and with the docket entry, shall be sufficient authority for holding the accused person until final trial. A copy of said accusation shall be furnished to the accused at least six hours before trial, unless copy is waived by him. An accusation stating the nature of the charge substantially in the language of the ordinance claimed to have been violated, shall be held to be sufficient, but in case any

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accusation shall be held to be defective, a new accusation shall be drawn instanter, and the defendant shall be required to plead thereto. All accused persons shall have the right to cross-examine witnesses, to introduce evidence in their own behalf, and to be represented by counsel; provided, it shall not be necessary to appoint counsel to defend persons who cannot employ same. The rules of evidence applicable to trials in the State courts shall apply in said police court. Court of record. Accusations. Trials. (5) Said court shall have the power to compel the attendance of witnesses in all proceedings, and of persons charged with offenses, by subpoena or summons issued by the town clerk or the presiding officer of said court, and bearing teste in the name of the mayor; or may require of other witnesses or defendants bonds for their appearance. Any process of said court shall be served by the marshal or any police officer of said town, and disobedience thereto shall be contempt, and all other process necessary to carry into effect its lawful judgments and orders. Subpoenas, etc. (6) The ministerial officers of said court shall be the marshal and policemen of said town, to whom in the alternative, all process shall be directed. (7) The right of certiorari from the judgments of said court shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. (8) The said court shall have power and authority to forfeit any bond for the appearance of any defendant or witness; provided, that ten days shall always elapse between the service of the scire facias and the final judgment upon any such forfeiture (except in case of cash bonds), and same shall always be made returnable to a regular session of said court. In case of cash bonds, they may be forfeited by said court without notice, but in such cases if the principal shall appear within two weeks for trial, the mayor shall order such bond refunded if said defendant shall satisfactorily show that his absence was caused by sickness or other unavoidable reason. No ordinance shall be necessary to carry into effect the foregoing provisions; the presiding officer of said court shall frame all process in proceedings of this character, following as nearly as may be practicable, the forms and practices of the State courts. Bond forfeitures.

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(9) No person shall be tried for any offense against the ordinances of said town unless the prosecution shall be commenced within twelve months from the date of the alleged offense, provided, that if the offender, or the offense is unknown, or the offender shall conceal himself or abscond from the town, such time shall not be computed as a part of any such limitations. Limitations. (10) All fines and forfeitures in said police court shall be paid into the treasury immediately upon being collected, and may be expended and appropriated as other funds of the town. No officer shall have any claim upon said fund for insolvent costs. Fines and forfeitures. (11) In the event of the forfeiture of any bond, it shall not be necessary to serve the principal therein unless he can be found in the Town of Ivey; service upon any surety out of said town may be made and perfected by any sheriff or deputy sheriff of said State, who are required to serve such process, and if the residence of such surety be unknown, the court may order service by publication in the newspaper in which the marshal's advertisements are published, one a week for two weeks being sufficient. The said court shall have the power to enforce the collection of any money judgment or fine by execution directed to the marshal or policeman of said town, and the sheriffs and deputy sheriffs of said State, and otherwise substantially in the form of county court executions. Judgments. (12) The town clerk shall be clerk of said police court and shall issue and sign any and all process not specifically required to be signed by the presiding officer, all of which bear teste in the name of the mayor. Clerk. (13) Persons sentenced to labor by said police court shall be compelled to work at labor on the streets, sidewalks or other public work of said town, under the direction and control of the officer in charge of such work. The board of council may make and establish all necessary and reasonable rules and regulations governing the town chaingang, and may, if desired, lease any such convicts to the County of Wilkinson, or to private persons in said county, the proceeds to be applied to working the streets of said town; provided, that no such convict shall be required to work out of Wilkinson County, and the town authorities shall at all times retain and exercise such control over leased convicts as

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may be necessary to insure proper treatment and humane treatment. Convicts. (14) The said police court may enforce the collection of any fine by execution, or by imprisonment, or by alternative sentence, in the discretion of the presiding officer. (15) The marshal and other police officers of said town shall have power and authority to arrest without warrant, persons accused of violation of the town laws and ordinances, where such offenses are committed within the presence of the arresting officer or the accused person is endeavoring to escape, or a warrant can not be procured in a reasonable time. In all other cases, application shall be made to either the mayor or the mayor pro tem. for a warrant, which shall be issued in accordance with such valid ordinance as may be passed by the board of council relating thereto. The marshal or other arresting officer shall require of such accused person a good and sufficient bond, conditioned for his appearance at the next session of said police court, to answer the charge brought against him; but in such cases not involving a breach of the peace, or a possible violation the defendant upon his own recognizance, in which event a verbal summons shall be sufficient to require and compel the attendance of said defendant. Arrests. Section 20. The police force of the town shall consist of a marshal, who shall be chief, and of one assistant marshal, both of whom shall be elected by the mayor and council, and shall serve for one year and until their successors are elected and qualified, but said marshal and assistant marshal may be suspended or removed from office as provided in Section Four. Said marshal and assistant marshal shall take such oath and give such bond as shall be required by ordinance, and receive such compensations as may be fixed by the board of council, which shall not be changed during their respective terms of office; shall be allowed no costs or extra compensation. Emergency policemen may be appointed by the mayor or elected by the board of council, to serve temporarily during said time as said mayor and council may deem necessary, and shall receive such compensation as the board of council may fix. It shall be the duty of the police officer to make arrests in the manner prescribed by law of persons charged with violations of the laws and

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ordinances of the town, of the penal laws of the State, to prosecute offenders in the police court, and, when necessary, in the State courts, and, in general, to preserve good order and enforce the law throughout the town, as well as to perform any and all other duties required of them by ordinance. They may be suspended for failure to perform any duty, by order of the mayor, and if the charges be sustained, they may be removed by the board of council. Marshal and assistant. (2) The police force shall be armed and so uniformed as to be readily recognized by the public as police officers, the arms only to be furnished at the expense of the town. Section 21. Said Town of Ivey shall have power to establish a complete system of drainage for the health and comfort of its inhabitants, and shall have the entire and absolute control and jurisdiction of all soil-pipes, private drains and sewers, water closets, privies, privy vaults, dry wells, and cess pools in said town, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them, in all particulars, as may seem best for the preservation of the health of the inhabitants of the town, with full power to require the change or total discontinuance of any such contrivances or structures as may now be in existence or hereafter allowed. Drainage and sanitation. (1) The board of council may, by ordinance, require and compel connection to the sanitary sewers in all instances where there is a public sewer within three hundred feet of the building or structure for which such connection is required. Connection to sewers. (2) The Town of Ivey shall have power, and is hereby empowered, to condemn property for drainage purposes within its corporate limits, and pay the owners of said property the damages incident to such condemnation. The said town shall proceed in accordance with the laws of the State now in force or hereafter enacted governing the condemnation of property for public use, and the fact that the property sought to be condemned may be owned and used by a corporation itself entitled to exercise the right of eminent domain shall be no bar to such condemnation. Eminent domain. Section 22. The board of council may prescribe punishment for violation of town laws and ordinances by a fine of not exceeding two hundred ($200.00) dollars, or by imprisonment in the

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town prison for a term not to exceed sixty (60) days, either or both in the discretion of the trial court, or by imprisonment at labor on the streets, sidewalks or other public works of said town for a term not to exceed four (4) months, which punishment may be imposed in the alternative. Punishment for violation of ordinances. Section 23. The board of council may prescribe by ordinance the method of abating nuisances, may define what shall constitute a nuisance, and require any nuisance to be abated in a summary manner at the expense of the person causing the same or the owner of the premises whereon it shall exist. The jurisdiction to try and determining all such proceedings shall vest in the police court, and the execution herein provided for shall issue from said court as other executions thereof. Nuisances. Section 24. The board of council may, by ordinance, create a board of water commissioners and prescribe the mode of election, term of office, authorities and duties of the members thereof. Said board, when created, shall consist of three members. The compensation shall not exceed two hundred ($200.00) dollars, aggregate, to be apportioned by council. Water Commissioners. Section 25. The Town of Ivey shall have power, and is hereby empowered to regulate the width, location and grade of all streets, alleys and sidewalks within the town, due regard being had for the original plan of said town, and shall have the further power to open, locate and lay off new streets, alleys and ways within the town, to alter in any manner, or close or vacate any of the same. Streets, alleys, sidewalks. (1) For the purpose of opening and laying off any new street, alley or way within the said town or extending, altering or widening any of the streets, alleys or ways of said town, or for any other public use, the Town of Ivey is hereby empowered and authorized to condemn any property, though same may be owned by a quasi-public corporation, and to take the same for such use, and to pay to the owner or owners of such property the damages incident to such condemnation. Said town shall proceed in accordance with the general laws of the State of Georgia in such cases. Eminent domain. Section 26. The Town of Ivey shall have power to grant encroachments

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upon the streets, sidewalks, alleys or ways of said town, on such terms and in any such manner as may be by ordinance prescribed, requiring always a fair and reasonable compensation. Said town shall have the further power to grant privileges and franchises to public utility corporations to use any part or parts of the streets, alleys or ways of said town, upon just and adequate compensation. Provided, that no such grant shall be exclusive and the right to tax the franchise shall always be reserved, as well as the right to pass and adopt such ordinances or regulations governing the exercise of such franchise as may be deemed expedient or necessary. Franchises. Section 27. The said town shall have power and authority to pass and adopt any and all ordinances that may be deemed necessary and proper to the peace, security, welfare, health, good government and convenience of the town, and to punish for violations thereof as hereinafter prescribed. (1) All ordinances, before they shall pass, shall be read twice, at separate meetings of the board of council, and on separate days; provided, that both readings of an ordinance may be had at the first meeting, regular or special, by unanimous consent, except ordinances or resolutions appropriating money for other than ordinary current expenses, which shall always be read twice, as herein provided and the rule shall not in such instances be suspended. Passage of ordinances. (2) All ordinances and resolutions shall be signed by the officer presiding at the time of the passage thereof, and countersigned by the clerk. The fact of the first reading of any ordinance or resolution shall appear upon the minutes by a reference to its title, number, or subject matter; after passage, it shall be entered upon the minutes in full, and after approval, the minutes of each session shall be signed both by the presiding officer and the clerk. Reading entered on minutes. (3) In addition to the minutes there shall also be a separate ordinance book, in which all ordinances shall appear after passage and approval by the mayor, or passage over his veto, which book shall be in the custody of the town clerk, and at all times open to public inspection. Ordinance book. (4) When any ordinance or resolution shall have been passed

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or adopted by the board of council, the clerk shall within three days transmit to the mayor a certified copy of the same. If within five days thereafter the mayor shall approve such ordinance or resolution, same shall at once become effective or operative; or if he shall allow more than five days to elapse without either approving or disapproving such ordinance or resolution, same shall, after such time, become operative as if approved by the mayor. In the event the mayor shall disapprove any ordinance or resolution, he shall return same to the next regular meeting of the board of council, with his reasons therefor, and the said board of council shall proceed to vote upon the question whether such ordinance or resolution shall pass, notwithstanding the disapproval of the mayor. If three-fourths of the entire board of council (the mayor not voting) shall vote in the affirmative, such ordinance or resolution shall pass and become effective and operative, notwithstanding the disapproval of the mayor; but if the affirmative vote shall be less than three-fourths, same shall be defeated. Any member may demand that the roll be called when voting upon such questions, and in that event, vote shall always appear upon the minutes. Mayor's approval or veto. (5) The town clerk shall keep the minutes of the board of council, and said minutes shall always show a fair and accurate record of the proceedings thereof. Minutes. (6) Three aldermen (including the presiding officer, but not the mayor) shall constitute a quorum of the board of council for the transaction of any business or the passage of any legislation. Quorum. (7) The board of council may, in their discretion, codify and publish the laws and ordinances of said town. Section 28. Said town shall have the right, power, and authority to pave, or remove, or repair the pavement of the sidewalks of the town fronting the business houses, and to assess all or any portion of the cost of the same against the owners of the property abutting on said sidewalks, according to frontage owned by them thereon. Paving of streets and sidewalks. (1) Said town may pave, grade, curb, macadamize, or otherwise improve for travel or drainage any of the streets, alleys or

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ways of the town fronting the business houses or repair same, and assess not exceeding one-half of the cost thereof upon the owners of the property abutting upon the side of the streets, alleys or ways so improved, according to frontage. (2) Said town is hereby empowered to enforce the payment of the assessments herein provided for by executions issued, levied and collected as herein prescribed in the case of tax executions. (3) One publication in the official newspaper shall be sufficient notice to property owners and others affected, which publication shall be after the first meeting, and before the final passage of such ordinance. Section 29. Said Town of Ivey shall have the right, power and authority to assess, levy and collect a tax upon all property, both real and personal, within the limits of the town, not to exceed one mill ad valorem, and the valuation of all property for purposes of taxation by the City of Ivey shall not be greater than the valuation that is placed upon the said property by the County of Wilkinson for tax purpose, to levy and collect a specific or occupation tax upon all business, occupations, professions, callings or trades, public or private, exercised within the town, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous or malt liquors (if the sale thereof is not prohibited by laws), and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kind of tables, ten pin alleys and similar devices, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, legitimately coming within the police power of the town, as may be just and reasonable; and to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph, telephone, or electric light company, or other similar corporations. The taxing power of the town, except as limited by law, shall be as general, complete and full as that of the State itself. Taxation. (1) Said town shall provide, by ordinance, for the return of all real and personal property for taxation, and may double tax defaulters. The board of council shall prescribe the time and manner of making such returns, and shall have the power and authority to enforce the collection of taxes, both ad valorem

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and specific, by execution issued by the town clerk, and bearing teste in the name of the mayor, which execution shall be issued at the time and in the manner to be prescribed by ordinance, and the sales under such executions shall be conducted as prescribed by the laws of the State in such cases. The marshal of said town is hereby authorized and empowered to levy and collect any such tax executions or other execution; or they may be levied and collected by the Sheriff of Wilkinson County. They shall be directed to such officers in the alternative. Returns and collection. (2) Said town may require the registration of any business subject to specific or occupation tax, and may prescribe a penalty for engaging in any such business without registering the same and paying the tax, or either. (3) Said town may provide a board of tax assessors, who shall be appointed by the council annually, and whose compensation shall not exceed five ($5) dollars per day when officially engaged; who shall assess for taxation the value of all property, real or personal, in said town, and shall have all the powers of a court to compel the attendance of parties and witnesses, and to enforce the same by attachments for contempt; such attachments to be returned to the police court, and the offenders, if convicted, to be punished as if in contempt of said court. Tax assessors. Section 30. In addition to the powers hereinbefore granted, the Town of Ivey shall have power: (1) To regulate butcher shops and pens, tanyards, livery stables, fish stands, restaurants, or any other business in which decaying animal or vegetable matter is kept, or in which noxious odors may become a danger or an annoyance to the public, or any portion thereof; to confine same to particular localities, and to revoke the license for same whenever they prove dangerous and injurious to health. Police and welfare powers. (2) To regulate and control blacksmith shops, forges and chimneys, and cause the same to be moved and remedied as safety may dictate; to create fire limits and prescribe the material out of which buildings shall be erected therein; to regulate the construction of doors, exits and steps in places of public

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gatherings, and require the erection of fire escapes in all buildings other than private dwellings, three or more stories in height. (3) To regulate and control all hotels and public houses within said town, and to revoke the license of same whenever they become disorderly. (4) To take up and impound dogs, horses, mules, cattle, hogs, or other animals running at large, and to regulate and control the keeping of stock or other animals within the town; to forbid the keeping of hogs within the town, to confine same to particular localities. Animals. (5) To require the owners of lots to drain same, to fill up excavations or depressions, and upon failure to do so, to proceed as in case of nuisance. (6) To regulate all vehicles of every kind and character used in the town for profit in the transportation of passengers, freight or both; to provide for inspection of same, and to fix the rate of fares and carriages thereon. Vehicles. (7) To regulate and control saloons or bowling alleys, and to prohibit same when not otherwise prohibited by law of the State. (8) To legislate by ordinance against blind tigers and the illegal sale or storage of liquor or other intoxicants, lewd or disorderly houses, vagrants and infringement against the Sabbath. (9) To construct and extend sewers in any of the streets, alleys or ways of the town, or upon private property after condemning same, and to assess a just and reasonable share of the cost of same upon abutting property owners, proceeding as herein provided in case of assessments for paving. Sewers. (10) To regulate all machinery, including stationary and locomotive engines within the town, and to make all such needful rules and regulations in relation thereto as will provide for the safety, health, or convenience of the citizens of the town. (11) To purchase, hold, receive, enjoy, possess and retain for the use and benefit of said town, in perpetuity, or for any term of years, any estates, real or personal, lands, tenements, hereditaments of what kind or nature soever, within or without the limits of said town, for corporate purposes. Corporate property.

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(12) To organize a chaingang and put in compulsory labor all those convicted of violating any of the valid ordinances of said town. (13) To own, use and operate, for municipal purposes and for profit, systems of waterworks, electric lights, sewers, gas works, and telephones; to make rules and regulations regarding the use of the same by the public, and to provide for the punishment of those violating such rules or regulations. Utilities. (14) To provide for the inspection of all buildings, and adopt rules and regulations looking to the safe and proper construction thereof; to condemn and cause to be removed any and all unsafe and dangerous structures. Buildings. (15) To regulate, control or forbid the use of signs projecting over the streets or sidewalks of the town; to regulate the construction of awnings, and to forbid the erection of wooden awnings. Section 31. The recitals in any tax deeds made under the authority herein granted shall be prima facie evidence of the facts therein recited. Tax deeds. Section 32. In addition to the powers hereinbefore enumerated, said Town of Ivey shall have all additional power and authority usually and properly incident to municipal corporations, not in conflict with the Constitution or laws of the State of Georgia, or of the United States, as may be necessary to promote the good government of the town, and the general welfare of its citizens. Additional powers. Section 33. Said town may issue bonds for any lawful purpose whenever the provisions of the Constitution and laws of the State shall have been complied with, and no local Act or amendment of this charter shall be necessary to give the authority to call and order elections for such purpose. Bonds. Section 34. Be it further enacted, that said mayor and council shall designate three freeholders residing within said town to manage said election. The polls shall be opened at ten o'clock, a.m., and kept open until three o'clock, p. m. The managers of said election shall report the result of said election to the County

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of Wilkinson and shall file with said ordinary a list of the persons voting, together with the ballots cast, and it shall be the duty of said ordinary to declare the result. After said result is declared, and if no contest is filed with said ordinary within thirty days after he declares the result of said election, then he shall destroy said list and ballots. If a contest is filed with said ordinary he shall hear and pass upon same, and the same rules shall govern said hearing as are applicable to election contest as provided by the general laws for contesting the elections of mayors and councils. Bond elections. Section 35. The following officers shall serve until the first election provided for herein: V. P. Jackson, mayor; Byron F. McCook, O. L. Brooks, J. B. Youmans, and Robert W. Brooks, alderman. Incumbent officers. Section 36. 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. Georgia, Wilkinson County. Personally appeared Mrs. George A. Hoy, who says on oath, that she is editor of The Bulletin, the official organ of Wilkinson County, Georgia, during the year 1950, and that the attached notice was published in said newspapers in the issue of January 13th, 1950. (s) Mrs. George A. Hoy Sworn to and subscribed before me this the 14th day of January, 1950. (s) Mrs. Victor Davidson, N. P. Notary Public, Georgia, State at Large My commission expires Jan. 5, 1952. Notice. Notice is hereby given that at the present adjourned session of the General Assembly to convene on Jan. 16th, 1950 a bill will be introduced to incorporate the Town of Ivey in Wilkinson County Georgia. Alexander S. Boone, Sr., Representative, Wilkinson County, Georgia.

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Georgia, Wilkinson County. Personally appeared A. S. Boone, Sr., who says on oath, that he is the editor of the Wilkinson County News, the official organ of Wilkinson County, Georgia, during the year 1949, and that the attached notice was published in said newspaper in the issues of December 23, 1949, and December 30, 1949. (s) Alexander S. Boone Sworn to and subscribed before me this 12th day of January, 1950. (s) Dean Covington, Notary Public, Floyd County, Ga., Georgia State at Large. Notice. Notice is hereby given that at the present adjourned session of the General Assembly to convene on January 16, 1950, a bill will be introduced to incorporate the Town of Ivey in Wilkinson County, Georgia. Alexander S. Boone, Sr., Representative, Wilkinson County, Georgia. Approved February 13, 1950. MONROE COUNTY COMMISSIONERSCOMPENSATION. No. 629 (Senate Bill No. 135). An Act to amend an Act of the General Assembly of Georgia of 1907 (Georgia Laws 1907, page 318), as amended by an Act of the Georgia Legislature of 1917 (Georgia Laws 1917, page 372), approved August 4, 1917, so as to provide for the striking of Section I of the Act of the Georgia Legislature of 1917, page 372, approved August 4, 1917, and recorded on page 372 of the said Acts of 1917, and identified in the margin thereof Act of 1907 amended; to provide for a new section in lieu thereof to be known as Section 1; to provide the amount of compensation to be paid the members of the Board of Commissioners of Roads and Revenues of Monroe County, Georgia;

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to provide for the time of paying said Commissioners; to provide for the repeal of all laws and parts of laws in conflict with this Act; 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 Section 1 of the Act of the Georgia Legislature of 1917 (Georgia Laws 1917, page 372), and further identified on the margin of said section with the following words Act of 1907 amended, be and the same is hereby stricken in its entirety, and a new section is hereby enacted in lieu of the said stricken section, to be known as Section I, and to read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, the salary and compensation for the members of the Board of Commissioners of Roads and Revenues of Monroe County, Georgia, shall be $600.00 per annum each, to be paid quarterly out of the county treasury on warrants drawn by said Commissioners, and to be paid only when the conditions provided for in Section 2 of the Acts of the Georgia Legislature of 1917 (Georgia Laws 1917, page 372) approved August 4, 1917, have been complied with. Salary. Section II. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that should any part of this Act be construed by the court as unenforceable for any reason, the remainder of said Act shall remain in full force and effect. If part invalid. 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. Approved February 13, 1950. Affidavit of publication attached to enrolled copy. SAVANNAHCONVEYANCE OF OGEECHEE CANAL TO COASTAL HIGHWAY COMMISSION. No. 631 (Senate Bill No. 149). An Act to amend the charter of the Mayor and Aldermen of the City of Savannah by authorizing the Mayor and Aldermen

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of the City of Savannah to convey to the Coastal Highway Commission portions of the Ogeechee Canal and the land abutting on both sides of said canal for use as rights of way for the construction of a bridge crossing the Savannah River, for the construction of a roadway and approaches to said bridge providing for a reversionary interest in said canal and lands to the Mayor and Aldermen of the City of Savannah, providing for the consideration for said conveyance to be the improvement of and entrance to the City of Savannah from the north and improvement of highway and approaches necessary in the project without cost to the Mayor and Aldermen of the City of Savannah: Repealing all laws in conflict herewith 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 Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to convey by deed to the Coastal Highway District a political subdivision of the State, their right, title and interest in and to the Ogeechee Canal and so much of their right, title and interest in the land abutting on both sides thereof as will be necessary on the request of the Coastal Highway District to furnish rights of way for a highway, approaches and a bridge to be constructed by the Coastal Highway District at a point where the Ogeechee Canal intersects with the Savannah River, said conveyance of the Ogeechee Canal and rights of way to extend from the Savannah River on the north to a point at approximately Hull Street on the south or to such point as may be required by detailed plans and specifications approved by the Coastal Highway District as being necessary to complete the project and the construction of said bridge, approaches and roadway. Conveyance of Ogeechee Canal to Coastal Highway District authorized. Section II. Be it further enacted that in the event said project or said bridge when completed should ever be abandoned that the title to said Ogeechee Canal and land required for rights of way shall revert to the Mayor and Aldermen of the City of Savannah. Reversionary interest. Section III. Be it further enacted that the Mayor and Aldermen of the City of Savannah are authorized to accept as consideration

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for said conveyance the improvements and benefits which will be the result of a new bridge entrance and highway improvements within the corporate limits of the City of Savannah as well as the agreement of the Coastal Highway District to keep up and maintain said bridge and approaches within the corporate limits of the City of Savannah. Consideration. Section IV. 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 V. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. SAVANNAH-CHATHAM COUNTY HISTORIC SITE AND MONUMENT COMMISSIONAMENDMENT. No. 632 (Senate Bill No. 143). An Act amending an Act of the General Assembly of Georgia approved February 25, 1949, as set forth in the Acts of the General Assembly of 1949, page 977, creating the Savannah - Chatham County Historic Site and Monument Commission, by taking from said Commission the right of eminent domain; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia approved February 29, 1949, as set forth in the Acts of the General Assembly of Georgia of 1949, page 977, be, and the same is hereby, amended in the following manner: Act of 1949 amended. By striking from lines eight (8) and nine (9) of Section One

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of said Act the language to exercise the right of eminent domain. Eminent domain. Section 2. That in all other respects said Act of the General Assembly shall remain of full force and effect. Section 3. That there is attached to and made a part hereof a copy of notice certified by the publisher of the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published to the effect that notice of the intention to apply for the passage of this Act was published once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit, on November....., and....., 1949, and December....., and....., 1949. Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Section 5. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. SAVANNAHZONING AND PLANNINGAMENDMENTS. No. 633 (Senate Bill No. 141). An Act to alter, revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and the Act approved August 20, 1929, altering, revising, and amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, by authorizing the Mayor and Aldermen of the City of Savannah to enact, alter, amend, change and repeal zoning and planning laws for said City of Savannah and its environs; 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 Section Six of the Act approved August 20, 1929, altering, revising and amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, as set forth in the Acts of the General Assembly of 1929, beginning at page 1281, be, and the same is hereby, deleted from said Act, and the following section substituted in lieu thereof, reading as follows: Sec. 6, Act of 1929 amended. Section Six. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah shall have authority to enact, alter, amend, change or repeal zoning and planning laws, whereby such city, and also its environs within the limits of Chatham County, may be zoned and districted for various uses and other or different uses prohibited therein, and regulating the use of which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. Zoning and planning laws. Section II. That said Act approved August 20, 1929 be further amended by adding thereto the following sections: Before any zoning ordinance of the City of Savannah shall be altered, amended, changed or repealed, with respect to any lot or lots within any zone, there shall be presented to the Mayor and Aldermen of the City of Savannah the written approval of at least 51% of the owners of property lying in said zone, and within 600 feet in every direction of the lot or lots to be affected by such proposed alteration, amendment, change or repeal of such zoning ordinance. Approval of property owners. Provided, however, that nothing in this Act shall be taken to require the approval of any property owner or owners where the proposed amendment provides that any public school building used in connection with the operation of a public school, or used in connection with public education may be built on property on which the same has previously been prohibited by the zoning ordinance, or part thereof, to be amended. Schools. Section III. That there is attached to and made a part hereof

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a copy of notice certified by the publisher of the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published to the effect that notice of the intention to apply for passage of this Act was published once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit, on November..... and..... and..... and..... day of December, 1949. Section IV. Be it further enacted by the authority aforesaid that all laws and parts of laws, particularly Section Six of said Act approved August 20, 1929, be, and the same are hereby repealed. Section V. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. CHATHAM COUNTY-SAVANNAHSPECIAL ELECTION. No. 634 (Senate Bill No. 147). An Act to call a special election for the County of Chatham and for the City of Savannah to submit to the qualified voters in a referendum, for the County of Chatham and the City of Savannah, to determine the desire of the people as to whether or not they wish certain improvements to be made in the City of Savannah and in the County of Chatham, providing that the result of said election shall indicate the desires of the people in the City of Savannah and County of Chatham and that the same shall be a directive to the governing body of Chatham County and of the City of Savannah. Repealing all laws in conflict herewith and for other purposes. Section I. Be it enacted by the General Assembly of the State

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of Georgia and it is hereby enacted by the authority aforesaid that the Ordinary of Chatham County is hereby empowered and directed to call a special election to be held on the 12th day of April, 1950, in the City of Savannah and in the County of Chatham. At said election the ordinary is authorized and directed to maintain and provide one or more voting booths in every precinct within the City of Savannah and to permit every qualified voter of Chatham County and every qualified voter of the City of Savannah living within the present corporate limits as of January 1, 1950, of the City of Savannah, to vote on the questions presented at said voting booth, and to provide one or more voting booths in every military district outside the corporate limits of the City of Savannah in Chatham County at which the qualified voters of Chatham County who live outside the corporate limits as defined as vote on the questions submitted as hereinafter set forth. Special election; date; polling places. Section II. Be it further enacted that the persons qualified to vote in said election shall be the persons who shall be registered under existing law and who would be qualified to vote for members of the General Assembly provided however, that said persons shall have registered under existing law not later than midday of March 25, 1950. In the event any change shall be enacted in the present registration laws prior to the holding of said election the list of qualified voters shall be that as provided by State law entitling a voter to vote for a member of the General Assembly. Qualified voters. Section III. Be it further enacted that said election shall be held on the said date set forth above for the purposes hereinafter set forth, and the voting precincts shall be open at eight o'clock a. m. and shall be closed at six o'clock p. m. Each voting booth shall be in charge of two managers and two clerks who shall be sworn by the ordinary or the acting ordinary to perform the duties of managers and clerks as provided by law. Hours. Managers. Section IV. Be it further enacted that the said election shall be held at the joint expense of the County of Chatham and the City of Savannah, and the ordinary shall prepare the ballot submitting the questions to be presented to the qualified electors. Expense. Section V. Be it further enacted that the questions shall be on the same ballot. Ballots.

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Section VI. Be it further enacted that it is the intention of this Act to determine whether or not the people of Chatham County desire the construction of a toll road to be constructed along the old right of way of the Central of Georgia right of way from Savannah to a point south of Bull River where it intersects with U.S. 80 known as the Tybee Road, the construction of said road to be financed by the issuance of revenue certificates by the County of Chatham and if necessary, supplemented by county funds, authorizing said certificates to be retired by tolls and fees collected from the use of said road. Toll road. Section VII. Be it further enacted that it is also the intention of this bill to determine the desire of the people as to whether or not they desire a modern stadium facilities to be constructed jointly by the County of Chatham and the City of Savannah. Stadium facilities. Section VIII. Be it further enacted that it is the intention of this Act to determine the desire of the people of Chatham County as to whether or not they desire the expenditure of funds for modern road improvements in the County of Chatham. Road improvements. Section IX. Be it further enacted that it is the intention of this Act to determine the desire of the people as to whether or not they desire repair and improvement of city streets by the Mayor and Aldermen of the City of Savannah. Street improvements. Sextion X. Be it further enacted that it is the intention of this bill to determine the desire of the people as to whether or not they desire the construction and operation of a new hospital to be constructed and operated jointly by the County of Chatham and the City of Savannah. Hospital. Section XI. Be it further enacted that it is the intention of this bill to determine whether or not it is the desire of the people that the Mayor and Aldermen of the City of Savannah improve and construct a modern and adequate sewerage system. Sewerage system. Section XII. Be it further enacted that it is the intention of this bill to determine the desire of the people as to whether or not it is their desire that the Mayor and Aldermen of the City

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of Savannah construct a suitable sports arena and additional recreational facilities. Recreational facilities. Section XIII. Be it further enacted that it is the intention of this Act to determine the desire of the people as to whether or not they desire the Mayor and Aldermen of the City of Savannah to plan a new auditorium. Auditorium. Section XIV. Be it further enacted that it is the intention of this Act that the desire of the people be determined as to whether or not they desire the County of Chatham to provide for the construction of a new courthouse to alleviate the crowded conditions now existing at the present courthouse. Courthouse. Section XV. Be it further enacted that it is the intention of this Act to determine whether or not the people of the City of Savannah and the County of Chatham desire the board of education to be elected by the people. Board of Education. Section XVI. Be it further enacted that it is the intention of this Act to determine the desire of the people as to whether or not they desire the Mayor and Aldermen of the City of Savannah, and the County of Chatham to contribute funds for the purpose of creating additional airport improvements. Airport improvements. Section XVII. Be it further enacted that the electors voting in said election shall have written or printed on the ballots the following: Ballots. 1: For a toll road to Tybee Against a toll road to Tybee 2: For stadium improvements Against stadium improvements 3: For hospital improvements Against hospital improvements 4: For county highway improvements Against county highway improvements 5: For city street improvements Against city street improvements

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6: For city sewerage improvements Against city sewerage improvements 7: For county courthouse improvements Against county courthouse improvements 8: For auditorium improvements Against auditorium improvements 9: For sports arena and additional recreational facilities Against sports arena and additional recreational facilities 10: For a board of education elected by the people Against a board of education elected by the people 11: For airport improvements Against airport improvements Section XVIII. Be it further enacted that at said election those persons qualified to vote as hereinbefore defined, if they are in favor of any of the subjects enumerated shall vote for and those who are opposed shall vote against and if a majority of the electors qualified to vote, voting in said referendum election shall vote in favor of one or more of said improvements, their vote shall be a directive to the governing bodies of the County of Chatham and the City of Savannah to lend their energies, to give their attention and to give their direction to the end that these improvements will be acquired and/or constructed as early as they can be planned and financed. Vote as directive. Section XIX. Be it further enacted that after the results of said election shall have been canvassed by the ordinary, he shall publish the results thereof in a newspaper of Savannah, Georgia. The portions of this Act setting up the election and prescribing who shall vote and prescribing the time and manner of said election shall have the force and effect of law but the results of said election as shown by the canvassing of the vote shall be only directive and not mandatory. Publication of results. 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.

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Section XXI. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. FOLKSTON LIMITS EXTENDED. No. 635 (Senate Bill No. 180). An Act to amend the charter of the City of Folkston, in the County of Charlton and State of Georgia; repealing all existing laws in conflict with 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 from and after the passage and approval of this Act an Act to create and establish a new charter for the City of Folkston in the County of Charlton, State of Georgia; to increase, enlarge, and define the incorporate limits thereof; to declare the rights, powers, privileges of said corporation; and for other purposes approved August 13, 1931, be and the same is hereby amended by adding to Section Three (3) of said Act the following subsection: Act of 1931 amended. (b) There is added to said corporate limits of said City of Folkston the following described territory: Corporate limits extended. Beginning at a point in the center of the present roadbed of State Road No. 23 and U. S. Highway No. 301 where present north line of the corporate limits of said City of Folkston crosses said State Road No. 23 and U. S. Highway No. 301, thence east a distance of 500 feet, thence a line northward, keeping a distance of 500 feet east of said center line of said road and highway and following the meanderings (the crooks and turns) of said road and highway northward a distance of 6693 feet to where the south line of Lot No. 259 of the 1906 Colony Domains Survey crosses said road No. 23 and highway No. 301 and at a point in the center of said road-bed of the said road and highway, thence in a westerly direction a distance of 1959 feet

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to the west line of the right-of-way of the A. C. L. Ry. Co. (Jesup Short Line), thence in a southerly direction following said west line of said railroad right-of-way a distance of 7494 feet to a point where said line interests with present north line of the city or corporate limits of said City of Folkston, and thence in an easterly direction and following the said present north line of the corporate or city limits of said City of Folkston to the place or point of beginning. Section II. Be it further enacted by the authority aforesaid that such portions or territory of the Town of Homeland, Charlton County, Georgia, embraced in the foregoing territory be and the same is hereby repealed, and that the order and decree of the Judge of the Superior Court of Charlton County, Georgia, dated April 8th, 1909 chartering and incorporating said Town of Homeland, Charlton County, Georgia, be and the same is hereby declared null and void insofar as same conflicts with this Act. Homeland. Section III. Be it further enacted, that all laws and parts of laws, judgments, orders and decrees of any courts of law in this State in conflict with this Act be, and the same are, hereby repealed. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. DADE COUNTY TAX COMMISSIONER'S COMPENSATION. No. 636 (Senate Bill No. 134). An Act abolishing the office of Tax Collector and Tax Receiver of Dade County, Georgia, and creating the office of Tax Commissioner of said county (Georgia Laws 1935, pages 617 to 619), as amended by the Act approved January 13, 1938 (Georgia Laws 1937-1938, Extra Session, pages 796-797), increasing the salary of said Tax Commissioner, by changing the salary of said Tax Commissioner from $1500.00 to $2100.00 per annum, payable $175.00 per month, 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: Section I. That Section 5 of the Act abolishing the office of Tax Collector and Tax Receiver of Dade County, Georgia, and creating the office of Tax Commissioner of said county, approved March 7, 1935 (Georgia Laws 1935, pages 617 to 619), as amended by the Act approved January 13, 1938 (Georgia Laws 1937-1938, Extra Session, pages 796-797), be and the same is hereby amended by striking from said Section 5 as amended the figures $1500.00, and inserting in lieu thereof the figures $2100.00, and by striking from said section the figures $125.00 and inserting in lieu thereof the figures $175.00, so that said Section 5 as amended shall read as follows: Acts amended. Section 5. Be it further enacted by the authority aforesaid, that said Dade County Tax Commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county, school-district, and any and all other taxes except State, professional, poll, and special taxes, a fixed salary of $2100.00 per annum, to be paid in monthly installments of $175.00 each; and said Tax Commissioner out of said salary shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office. The said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional, poll, and special taxes collected by him. Commissioner's compensation. Section II. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. CHARLTON COUNTYFINES AND FORFEITURESSHERIFF'S SALARY. No. 637 (Senate Bill No. 162). An Act to clarify and establish a system for the collection, safe keeping and accounting for fines and forfeitures derived and received by the ordinary and court of ordinary from criminal and traffic violations trials and court of ordinary from criminal and traffic violations trials and court proceedings for the

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County of Charlton and to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section I. That the regular elected and qualified Sheriff of Charlton County, Georgia, is hereby named and designated as the custodian of all fines and forfeitures derived and received by reason of criminal and traffic violation trials, hearings and court proceedings in and by the Court of Ordinary of Charlton County, Georgia. Fines and forfeitures, Sheriff custodian. Section II. That said Sheriff of Charlton County, Georgia, shall collect, safely keep and account for all fines and forfeitures and other funds which may officially come into his hands from the court of ordinary as provided for in the preceding section. The official bond given by the said sheriff for the faithfull performance of his duties shall also be considered to indemnify against any losses, shortages or funds unaccounted for as derived and received from fines and forfeitures of the Court of Ordinary of Charlton County. Bond. Section III. That as compensation for the additional duties, trusts and responsibilities placed on said sheriff, he shall receive, be paid and allowed a monthly salary of $150.00 for each and every month he serves as said sheriff after the approval of this Act. Said monthly payments as salary shall be paid in addition to as a supplement of the fees, costs and allowances which he may receive by virtue of his office. He shall be paid the salary above stated from the fines and forfeitures of said court, if sufficient funds are available therein; and in the event sufficient funds are not available in said account of fines and forfeitures, then the county official or officials of Charlton County, Georgia, having charge of the fiscal affairs of said county is authorized and directed to pay the said sheriff the salary from general funds of Charlton County, Georgia. Sheriff's compensation. Section IV. Be it further enacted by the authority aforesaid that all laws and portions of laws in conflict with this Act be and the same are hereby repealed. Approved February 14, 1950. Affidavit of publication attached to enrolled copy.

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FORSYTHCLOSING OF PORTION OF COLLEGE STREET. No. 638 (Senate Bill No. 174). An Act to amend the charter of the City of Forsyth; providing power in said city to close that portion of College street in the City of Forsyth from Railroad Street through the campus of Bessie Tift College to the intersection of the new street running into College Street from the freight depot in the City of Forsyth; providing that the portion of College Street which will be abandoned for street purposes may be sold and conveyed in fee simple, by the Mayor and Aldermen of the City of Forsyth to abutting property owners; the considerations to the city for said conveyances to be either monetary or by exchange of properties by the city and the grantees; 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 charter of the City of Forsyth be, and it is hereby amended so that said city is hereby empowered to close that portion of College Street in the City of Forsyth from Railroad Street through the campus of Bessie Tift College to the intersection of the new street running into College Street from the freight depot in the City of Forsyth. Closing of part of College Street authorized. Section II. That the City of Forsyth is hereby empowered to sell and convey to the owners of abutting property that portion of College Street described in Section One hereby. Conveyances by said city, pursuant to the provisions hereof shall vest in the respective grantees full fee-simple title unencumbered by any rights of the public to use, for public street purposes, the property conveyed. The consideration flowing to the city for any conveyance by the city, pursuant hereto, shall be either monetary or by exchange of properties between the city and the respective grantees. Conveyances authorized. Section III. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment

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hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Section IV. That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Certificate of Publication of Notice of Local Legislation. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. MUSCOGEE COUNTY COMMISSIONERSTERMS. No. 639 (Senate Bill No. 190). An Act to amend an Act entitled, an Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee and to define their powers, approved August 24, 1872, as amended by an Act approved February 26, 1875, as amended by an Act approved October 13, 1885, and as amended by an Act approved August 2, 1923; by providing for a change in the length of tenure of office of said Commissioners; 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 Act entitled, An Act to create a Board of Commissioners of Roads and Revenues in the County of Muscogee, and to define their powers, approved August 26, 1872, to be found on page 451 of Georgia Laws of 1872, as amended by an Act approved February 26, 1875, to be found on page 262 of the published laws of the General Assembly of Georgia of 1875, as amended by an Act approved October 13, 1885, to be found on page 448 of the Acts of the General Assembly of Georgia of 1884-5, and as amended by an Act approved August 2, 1923, to be found on page 288 of the published Acts of the General

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Assembly of Georgia of 1923, is hereby amended by striking the words six years wherever the same appears in Section 2 of said Act as amended and substituting therefor the words four years; and by adding to Section 2 of said Act as amended the following: The term of the present Commissioner, T. G. Reeves, expires December 31, 1950. His successor shall be elected for four years and his term will expire in 1954 along with the term of the present Commissioner, Wimberly Jenkins. The term of the present Commissioner, Cliff Livingston, expires December 31, 1952. Therefore, in 1954, and every four years thereafter there shall be an election of two Commissioners. In 1952 and every four years thereafter, there shall be an election of one Commissioner. Acts amended. Terms. Election. Section II. All laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Section III. An affidavit of publication is attached hereto and made a part hereof. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. WAYCROSSPENSION SYSTEM AMENDMENTS. No. 640 (Senate Bill No. 205). An Act to amend an Act approved January 30, 1945, which amended the charter of the City of Waycross approved August 16, 1922, and which authorized the creation of a pension association for employees of the City of Waycross, by providing that the City of Waycross may levy and collect a tax not to exceed three (3) per cent., instead of two (2) per cent. As now provided in said Act approved January 30, 1945, on salaries of its employees and to levy and collect a tax on the taxable property of said city to equal all revenue raised or received from city employees for pension fund for its employees; 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 I. The Act of the General Assembly of Georgia approved January 30, 1945 (Georgia Laws of 1945, page 521), amending the charter of the City of Waycross and authorizing the creation of a pension association for employees of the City of Waycross is hereby amended by striking the first clause of Section 5 thereof which reads as follows: The City of Waycross, Georgia, is authorized and empowered to levy and collect a tax not to exceed two (2) per cent. on the salaries of all its employees in all departments affected by this Act, and substituting in lieu thereof the following clause: The City of Waycross is authorized and empowered to levy and collect a tax not to exceed three (3) per cent. on the salaries of all its employees affected by this Act, so that said Section 5 when so amended shall read as follows: Sec. 5. Act of 1945, amended. Section 5. The City of Waycross, Georgia, is authorized and empowered to levy and collect a tax not to exceed three (3) per cent. on the salaries of all its employees in all departments affected by this Act, provided, however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $150.00 for any calendar month, and may provide that the City Treasurer shall retain such sums from the salaries of said employees. Said City of Waycross, Georgia, is authorized and empowered to levy a tax on all the taxable property of said city, ad valorem, not to exceed but to equal all revenue raised or received from city employees by reason of the tax herein authorized. Said City of Waycross, Georgia, may also use other available funds to equal or match, but not to exceed, all revenue raised or received from city employees by reason of the tax herein authorized. All of said funds shall be turned over to the City Clerk and Treasurer, and shall be kept in a separate fund and shall be disbursed under the terms of this Act, and all valid ordinances passed and adopted in pursuance thereof. Salary deductions. Ad valorem tax, other funds to match. Section II. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 14, 1950. Affidavit of publication attached to enrolled copy.

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SAVANNAHADDITIONAL INDEBTEDNESS AUTHORIZED. No. 641 (Senate Bill No. 144). An Act to authorize the Mayor and Aldermen of the City of Savannah to incur an additional debt under the terms of Article VII, Section VII, Paragraph III, of the Constitution of the State of Georgia; to permit the Mayor and Aldermen of the City of Savannah to levy a tax upon all the taxable property within such city collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; to permit the Mayor and Aldermen of the City of Savannah to authorize an election for the creation of such additional indebtedness; 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 Mayor and Aldermen of the City of Savannah be and it is hereby authorized to create an additional indebtedness under the terms of Article VII, Section VII, Paragraph III, of the Constitution of the State of Georgia in excess of the seven per cent of the assessed value of all of the taxable property within the City of Savannah upon the following conditions: Additional indebtedness authorized. (1) Such additional debt, whether incurred at one or more times, shall not be in excess of $2,000.00 and shall not exceed in the aggregate three per centum of the assessed value of all of the taxable property in the City of Savannah; Limit. (2) Such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidence of such debt; Installments. (3) Prior to the issuance of such additional debt there shall be levied by the City Council of the Mayor and Aldermen of the City of Savannah a tax upon all of the taxable property within such city collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due; Tax to cover. The Mayor and Aldermen of the City of Savannah are hereby expressly prohibited from expending any funds acquired under the provisions of this bill until such time as they have actually

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levied a separate tax sufficient to pay the principal and interest of the debt and have made provisions to keep the revenue derived from said tax in a separate fund to be used only for the retirement of principal and interest of the debt incurred hereunder. (4) Such tax shall be in addition to and separate from all other taxes levied by the Mayor and Aldermen of the City of Savannah; (5) The collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness. Use of revenue. (6) Provided, however, that an amount not to exceed five hundred thousand ($500,000.00) dollars of such additional debt referred to in Subparagraph 1, shall be utilized by the Mayor and Aldermen of the City of Savannah for the improvement, maintenance and installation of sewerage and drainage systems of the City of Savannah and for the elimination of pollution now existing. Sewerage and drainage. Section II. Be it further enacted by the authority aforesaid, that the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such City of Savannah at an election held for such purpose, pursuant to and in accordance with the provisions of the Constitution of the State of Georgia and of the existing laws for the creation of a debt by a municipal corporation of this State, all of which provisions, including those for calling, advertising, holding and determining the result of such election and the votes necessary to authorize the creation of such indebtedness are hereby made applicable to such election. Election. Section III. Be it further enacted by the authority aforesaid that the purpose and intent of this Act of the General Assembly shall be to authorize the Mayor and Aldermen of the City of Savannah to create an additional debt as provided by Article VII, Section VII, Paragraph III of the Constitution of the State of Georgia. Legislative intent. Section IV. Advertisement having been made and publicity

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certificate attached hereto and made a part hereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. SAVANNAH CORPORATE LIMITS EXTENDED. No. 642 (Senate Bill No. 145). An Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, relating to, amendatory thereof and supplementary thereto; and for other purposes. Section I. Be it enacted by the General Assembly and it is hereby enacted by the authority aforesaid that from and after the passage of this Act the corporate limits of the City of Savannah are hereby extended to include the land and improvements and property located within the following boundaries as hereinafter set forth: Limits extended. Beginning at a point where the northern line of DeRenne Avenue intersects with the western line of the Middleground Road, thence eastward along the northern line of DeRenne Avenue to its intersection with the western line of the Skidaway Road, thence north along the western line of the Skidaway Road to its intersection with the northern line of the old Thunderbolt Shell Road, thence along the northern line of said Shell Road to its intersection with northwestern line of Placentia Canal, thence along this line of the Placentia Canal to its intersection with the south line of Victory Drive, thence across Victory Drive to the western line of Levy Avenue, thence along the western line of Levy Avenue projected across Bonaventure Road to its intersection with the old right of way of the Savannah Electric Power Company, thence following the old right of way of the Savannah Electric Power Company to the eastern line of Maryland Avenue projected, thence along the east line of Maryland Avenue projected to the southern line of Bolton Street projected, thence west along the southern line of Bolton Street projected to the east line of Laurel Avenue, thence northward

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along the eastern line of Laurel Avenue to the projected intersection of the south property line of Deptford Homes with Laurel Avenue, thence eastward along the south property line of Deptford Homes to the eastern property line of Deptford Homes, thence north along that property line to its intersection with the southern line of the old Central of Georgia right of way to Tybee, thence along the southern line of said Central of Georgia right of way in a western direction to the projected east property line of Moses Rogers Grove, thence north across the Central of Georgia right of way and President Street extension along the eastern property line of Moses Rogers Grove to its intersection with the north property line of Moses Rogers Grove, thence along the northern line west to the eastern line of Shipyard Road, thence south along the eastern line of Shipyard Road to the intersection with the southern line of the Central of Georgia right of way, thence westward along said southern line of the Central of Georgia right of way to its intersection with the present corporate limits at the eastern line of Pennsylvania Avenue. Also beginning at the point where the western line of the Middleground Road interesects with the northern line of DeRenne Avenue northwardly along the west line of the Middleground Road to its intersection with the north line of Staley Street, thence eastwardly along north line of Staley Street to the western line of the Middleground Road, thence northwardly along said western line of the Middleground Road to the present city limits at its intersection with 62nd Street, thence following the western line of the present corporate limits as said line meanders to the point where the present corporate limits intersect with the northern line of the Louisville Road, thence westwardly along the northern line of the Louisville Road following the present city limits north and west to the intersection of said line with the eastern line of West Lathrop Avenue extended, thence across West Lathrop Avenue extended in a straight line produced and parallel to the Augusta Road and/or Bay Street Extension to a point where said line intersects with the eastern line of U. S. 80, thence along the eastern line of U. S. 80 in a northern direction to its intersection with the northern line of the Augusta Road and/or Bay Street Extension, thence across the Augusta Road and/or Bay Street Extension to the north line of said Augusta Road and/or Bay Street Extension, thence along the northern line of the Augusta Road and/or Bay Street Extension in an eastern direction

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and across West Lathrop Avenue extended until it intersects with the western line of the present corporate limits. Description Description. Section II. Be it further enacted that the Mayor and Aldermen are hereby prohibited from levying taxes on property included in the annexation under this bill until such time as the Mayor and Aldermen of the City of Savannah have furnished the following city services to the owners of property living within the annexed areas to wit: city water, city sewerage, city garbage disposal, city fire protection, city police protection, city drainage and the laying out and grading of city streets. It being the intent of this Act that all streets within the annexed areas are hereby dedicated to the City of Savannah for use as streets. Taxation. Section III. Be it further enacted that after the furnishing of services as hereinbefore set forth, the Mayor and Aldermen of the City of Savannah shall before levying and collecting taxes against property owners within the annexed areas, give tax credit to all persons, firms, or cooperations who have at their own expense installed water mains, sewerage mains and paved streets. Said tax credits for water mains for sewerage mains shall be in an amount equal to the reasonable value of the cost of installation of the same. Tax credits for streets paved shall be in an amount equal to one-third of the cost of the laying of said pavement. No payments in tax credits shall be made for water mains or sewerage mains unless the same are utilized by the city as part of their water or sewerage system. Persons, firms, or corporations shall be deemed to mean those persons, firms, or corporations who are the owners of property after the furnishing of services and at the time of the beginning of taxation of said property and shall be extended to include their assigns and successors in title. In the event of disagreement between the City of Savannah and any property owner, the question shall be submitted to arbitration as provided by State law. Tax credits. Section IV. Be it further enacted that the Mayor and Aldermen of the City of Savannah shall not assume police jurisdiction over the annexed area until January 1, 1951, said areas to continue under the police power of the Chatham County Commissioners and Ex-officio Judges thereof until such time because of

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the fact that many businesses have been licensed during the year 1950 by the Chatham County Commissioners. Police jurisdiction of city. Section V. Be it further enacted by the authority aforesaid that until such time as schools are furnished in the area annexed by this Act for the education of the children of Chatham County, it shall be the duty of the Board of Education of the County of Chatham in the City of Savannah to furnish to the school children of the area annexed in this bill the same transportation facilities to and from school that are now being enjoyed by them; it being the purpose of this section to preserve to the children of this area the same privileges they now enjoy by reason of living outside the city limits of Savannah. Transportation to and from schools. Section VI. Be it further enacted that no person, firm or corporation doing business in said annexed territory for which they have paid a license to the county for the year 1950 shall be licensed for city occupational or business tax until January 1, 1951. Licenses. Section VII. Be it further enacted by the authority aforesaid that the Mayor and Aldermen of the City of Savannah are hereby expressly prohibited from levying taxes on the gross or net receipts or upon the sales or services either wholesale or retail of any person, firm or corporation doing business within the corporate limits of Savannah; the above provision of this paragraph shall in no manner affect the taxes now levied under existing laws or ordinances in the City of Savannah and any such taxes now levied may be continued to be levied. The provisions of this paragraph are intended to apply only to any levys upon gross or net receipts or sales or services which are not now taxed by the Mayor and Aldermen. Taxation. Section VIII. Be it further enacted if any part of this Act shall be declared unconstitutional the whole Act shall be so declared and the remainder of said Act shall be void and of no force and effect. If part unconstitutional. Section IX. 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.

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Section X. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. SAVANNAHTAXATIONAMENDMENTS. No. 643 (Senate Bill No. 150). An Act to alter, revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, by authorizing the Mayor and Aldermen of the City of Savannah to adopt ordinances providing for the assessment and reassessment of real estate and personal property in said city; and for increasing or decreasing assessments on real and personal property within the City of Savannah, to be effective during the year in which such assessments are made, increased or decreased; to provide for notice to owners of real and personal property of assessments, reassessments, increases or decreases in such assessments, and for filing of protests and hearings by said property owners; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: That the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah be, and they are hereby, amended in the following respects: Section I. By providing that the Mayor and Aldermen of the City of Savannah shall have the authority to provide by ordinance for the assessment, reassessment, and increase or decrease of assessments, on all real and personal property within the limits of the City of Savannah. Assessments. Section II. The Mayor and Aldermen shall only have authority to levy taxes on any reassessment of property as of January 1 of each year hereafter. Levy as of what date.

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Section III. By providing that the Mayor and Aldermen of the City of Savannah shall have the authority by ordinance to provide for notice to be given to property owners of the assessment, reassessment, and increase or decrease of assessments, of any real or personal property owned by them, such notice to be so given as to afford such property owners an opportunity to protest against any such assessment, reassessment or increase or decrease in assessments, and to provide for the manner of hearing and acting upon any such protest. Notice. Section IV. To provide that the Mayor and Aldermen of the City of Savannah shall have the authority by ordinance to provide for a protest at any time by any property owner of the assessment on his real or personal property; for action to be taken on such protest; and for any change in such assessment by reason of such protest to take effect at any time during the year in which such protest is filed or acted upon. Protests. Section IV. A. Be it further enacted that the Mayor and Aldermen of the City of Savannah shall not levy taxes on any reassessment of unimproved property until such time as all unimproved property has been reassessed completely; and the Mayor and Aldermen shall not levy and collect any additional taxes until all improved property within the corporate limits of the City of Savannah has been reassessed completely. Reassessment, unimproved property. Section V. That there is attached to and made a part hereof a copy of notice certified by the publisher of the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published to the effect that notice of the intention to apply for passage of this Act was published once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit, on November..... and....., and December..... and....., 1949. Section VI. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Section VII. Advertisement having been made and publicity

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certificate attached hereto and made a part thereof as required by law. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. COUNTY OFFICERSCOMPENSATION IN CERTAIN COUNTIES. No. 645 (House Bill No. 362). An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other court or courts), the sheriff, the ordinary, the tax collector, and the tax receiver (or tax commissioner): to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy, assistant, or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to provide for the payment of such officers, deputies, clerks, or assistants by the fiscal agent of such county; to provide for the employment of a full-time comptroller by the county commissioners, to audit all county offices and agencies quarterly; to provide for ratification or rejection of this Act by the qualified voters of the counties so affected; to repeal conflicting laws or parts of laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of

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Georgia having, by the United States census of 1940, a population of not less than 53,000 inhabitants nor more than 75,000 inhabitants, and to all counties in this State having, by any future census of the United States, a population of not less than 53,000 nor more than 75,000 inhabitants, and on the publication of said census any county not now having said population of 53,000 but by said new census having said population of 53,000, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees and commissions that are paid by the State to the tax collector, tax receiver, or tax commissioner, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees, as under the fee system, except for the fees and commissions to be paid by the State as will be hereinafter provided. Counties where applicable. Section 2. Be it further enacted by the authority aforesaid, that in all such counties the salaries of the following officers shall be as follows: Salaries. (a) Clerk of the superior court, whether ex officio clerk of another court or not, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments; Clerk of Superior Court. (b) The sheriff, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments; Sheriff. (c) The ordinary, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments; Ordinary. (d) The tax collector, an annual salary of not less than $5500 nor more than $7000 per annum, payable in equal monthly installments; Tax collector. (e) The tax receiver, an annual salary of not less than $4500 nor more than $5500 per annum, payable in equal monthly installments; Tax receiver. Provided, nevertheless, that said salaries shall be in full payment of all fees and commissions or other emoluments that would

Page 2391

otherwise accrue to them except for this Act. And provided that all such fees, costs, commissions and emoluments shall be collected by them and paid into the treasury of the county where the officer or officers hold office. Section 3. Be it further enacted by the authority of the same, that from and after the effective date of this Act the sheriff's deputies and assistants in all such counties shall consist of the following, at the following salaries, payable in equal monthly installments, to wit: 1 chief deputy sheriff, whose annual salary shall be not less than $4200 nor more than $5000 per annum. Salaries of sheriff's deputies and assistants. 1 bookeeper and cashier, whose annual salary shall not be less than $2100 nor more than $3000 per annum; 2 deputy sheriffs, whose annual salaries shall be not less than $2700 nor more than $3600 per annum; 1 jailer, whose annual salary shall be not less than $1500 nor more than $2100 per annum; and such other deputies as the sheriff may designate; provided, however, that no salary or salaries for said deputies so appointed shall be paid from county funds. All of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries. Provided, nevertheless, that said salaries shall be in full payment of all fees and commissions or other emoluments that would otherwise accrue to them except for this Act. And provided that all such fees, costs, commissions and emoluments shall be collected by them and paid into the treasury of the county where such officer or officers hold office. Section 4. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, the sheriff in all such counties as are described in Section 1 of this Act shall be furnished by the county, for the exclusive use of his office, such automobiles as may be necessary for carrying on the work of said office, the number of said automobiles so furnished to be

Page 2392

not less than two (2) nor more than four (4), in the discretion of the board of county commissioners. The upkeep and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gas, oil, and accessories for said automobiles, all in the discretion of and subject to the approval of the county commissioners. Said automobiles are to be used in carrying on the work of the sheriff's office. Automobiles for use by sheriff. Section 5. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, the clerk of the superior court's deputies and assistants in all such counties shall be as follows: Salaries of clerk of superior court's deputies and assistants. 1 chief deputy clerk, whose annual salary shall be not less than $4200 nor more than $5000, payable in equal monthly installments; 1 deputy clerk, whose annual salary shall be not less than $2100 nor more than $3000, payable in equal monthly installments; 2 deputy clerks, whose annual salaries shall be not less than $1800 nor more than $2400 each, payable in equal monthly installments. All of whom shall be named from time to time by the clerk of the superior court, and all and each of whom shall serve as such at the will of such clerk of the superior court and be discharged by such clerk without any claim to any unearned salary. Section 6. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, the ordinary's deputies and assistants in all such counties shall be as follows: 1 clerk of the court of ordinary, whose annual salary shall be not less than $1800 nor more than $2400, payable in equal monthly installments; the ordinary may, with the approval of the county commissioners appoint one additional employee as follows: Salaries of ordinary's deputies and assistants. 1 deputy clerk-stenographer, whose annual salary shall be not less than $1500 nor more than $1800 per annum, payable in equal monthly installments. All of whom shall be named from time to time by the ordinary,

Page 2393

and all and each of whom shall serve as such at the will of such ordinary and be discharged by such ordinary without any claim to any unearned salary. Section 7. Be it further enacted by the authority aforesaid, that from and after the effective date of this Act the tax collector's deputy and assistant in all such counties shall be as follows: Salary of tax collector's deputy. 1 deputy tax collector, whose annual salary shall be not less than $2100 nor more than $3000, payable in equal monthly installments. Said deputy tax collector shall be named from time to time by the tax collector, and shall serve as such at the will of such tax collector and be discharged by such tax collector without any claim to any unearned salary. Section 8. Be it further enacted by the authority aforesaid, that the board of county commissioners shall, in its discretion, have the authority to employ additional employees, not to exceed four (4) in number, on a temporary part-time basis whenever emergencies shall arise, in the discretion of the board of county commissioners, requiring the services of additional employees, the selection of which shall be made by the duly elected officers of the offices requiring such emergency employee or employees, and in no event shall the salary paid to each such temporary part-time employee exceed $1500.00 per annum. Additional employees. Section 9. Be it further enacted by the authority aforesaid, that in all counties described in Section 1, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the county board of commissioners or other fiscal agent of said county, be paid out of the treasury of such county monthly, and each of said officers and employees is required to furnish the county commissioners or other fiscal agent an itemized statement of such necessary expenses at the first regular meeting of such board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for the payment of such items of expense as are approved by such board of commissioners or other fiscal agent; provided, nevertheless, before any such item of expense

Page 2394

shall be paid by the county treasurer, an itemized statement thereof shall be furnished such county treasurer, and if such itemized statement is not furnished and the same shall have been paid, same shall be deducted from any amount or amounts that may be due to the person who has collected the same. No credit shall be taken for any such items unless duly itemized and authorized by said county commissioners or other fiscal agent. Office expenses. Section 10. Be it further enacted that no county official, deputy or assistant and no member of the board of county commissioners of roads and revenues nor any chairman thereof shall be paid from the county treasury any extra compensation, except legitimate expenses duly authorized by said board. Extra compensation. Section 11. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the clerk, sheriff, tax receiver, tax collector, or the ordinary to keep filled all of said positions in their respective offices, when in their judgment any such deputy, clerk, or assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Said board of county commissioners is hereby given the authority to designate the days and hours each of said offices herein named shall remain open for the transaction of its normal business. Section 12. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the county commissioners, through their duly authorized and appointed agent, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and each employee herein named, and to disburse the expenses of all said offices. Payment of salaries from county funds. Section 13. Be it further enacted by the authority aforesaid that all fees and commissions, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind which shall be allowed by law after the effective date of this Act, to be received or collected for services rendered after the effective date of this Act, by any officer herein named shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and accounted

Page 2395

for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the source from which collected, to the board of county commissioners of such county. The commissions received from the State by the tax collector and the tax receiver, or the tax commissioner, shall be collected and received by such officers for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the county treasurer, or other depository of county funds. Fees, commissions, etc. Section 14. Be it further enacted by the authority aforesaid, that the county commissioners in and for all counties enumerated in Section 1 of this Act shall, at their first meeting in January after the effective date of this Act, fix the salaries of the sheriff, clerk, ordinary, tax collector, tax receiver, or tax commissioner, as well as all deputies, assistants, and clerks, at sums not less than those heretofore stipulated and at sums not greater than those heretofore stipulated, and said salary schedule as fixed by said commissioners shall remain in force and effect for the year, and from year to year thereafter, unless a different amount shall be fixed at the first meeting in January of the following year by said commissioners. The salaries of the various officials herein fixed shall be their sole compensation, and all fees and commissions accruing after the effective date of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees, commissions and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in Section 1 hereof; and provided further that each of these officials, namely, the sheriff, clerk, the ordinary and tax collector shall be paid the same salary, and the county board shall fix the salaries of these officials uniformly. Fixing of salaries. Fees, Commissions, costs. Section 15. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, fees and commissions which may become due and payable after the effective date of

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this Act, in such counties as are described in Section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures, fees and commissions, and shall be, after the effective date of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the effective date of this Act, when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force, but as herein provided all such sums shall be collected for the use of the county, and shall be paid monthly into the county treasury of such counties as are described in Section 1 hereof, by the officer by whom collected, as herein provided. And be it further provided that the same officers who are required by law under the existing procedure of the fee system now in force to make and prepare such cost claims and insolvent cost lists on behalf of the said county. Subrogation of county to claims. Section 16. Be it further enacted, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the county wherein the general funds are controlled in the name of the county, and by the board of commissioners of roads and revenues wherein the said funds are controlled in the name of said board, or by such other fiscal agents of said counties as the governing authority of the county may designate. Premiums on bonds and insurance. Section 17. Be it further enacted by the authority aforesaid that the county commissioners in all such counties as are described in Section 1 of this Act may, after the aproval and effective date of this Act, employ a full-time comptroller, whose compensation shall be not less than $3600 per annum nor more than $5000 per annum, payable in equal monthly installments,

Page 2397

said amount to be fixed in the same manner as is provided for the other officers herein enumerated, and whose duty it shall be to audit the books and papers, collections and disbursements, of all county offices and officers herein enumerated and all other county agencies, including the treasurer, hospital authorities, and all other county agencies, quarterly, and the results of said audit shall, within thirty days after each quarter, be published in the newspaper of such counties having the largest circulation, which publication shall be paid for by the fiscal authorities of said counties out of the general funds. Comptroller. Section 18. When this Act shall be agreed to by a constitutional majority, it shall be entered upon the journal of each house, and shall be published in the manner provided by law, and shall be submitted at the next general election after such publication to the voters of the interested counties, qualified to vote for the members of the General Assembly, for ratification or rejection. All persons voting in said election in favor of adopting said proposed Act shall have written or printed on their ballots the words: For ratification of the Act providing for a salary system for compensating the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other court or courts), the sheriff, the ordinary, the tax collector and receiver, or tax commissioner, in certain counties in Georgia, in lieu of the fee system. All voters desiring to vote against the ratification of said Act shall have written or printed on their ballots the words: Against ratification of the Act providing for a salary system for compensating the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of other court or courts), the sheriff, the ordinary, the tax collector and receiver, or tax commissioner, in certain counties in Georgia, in lieu of the fee system. If a majority of those voting, who are qualified to vote for members of the General Assembly, voting thereon in the interested counties, shall vote for the ratification thereof, the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and the Secretary of State shall certify the results of said election to the Governor, and the Governor shall make and publish his proclamation and said Act shall thereupon become law, effective January 1, 1953, provided a majority of those voting in said election shall vote favorably thereon. Referendum.

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Section 19. 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 14, 1950. BERLIN NEW CHARTER No. 646 (House Bill No. 987). An Act to incorporate the Town of Berlin, in the County of Colquitt, 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 of the results of such elections; to provide for the election of a mayor pro tem.; to provide for the qualification and registration of voters 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 collection of taxes by execution; to provide for an ad valorem tax on property in said town, and to define its limits; to provide for the removal of obstructions from streets; 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

Page 2399

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 license; to provide for license ordinances and for punishment of persons engaging in any trade or business who fail to obtain license; to provide for the town to construct and operate a system of waterworks, 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 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 the creation of a fire department, the purchase of fire engine and equipment; 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 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 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

Page 2400

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 obstruction in the street, or other public place, or abutting property owner, as the case may be, and to provide for the issuance of an execution for the cost of removal of such obstruction, 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 aldermen or councilmen shall continue to serve for the term for which elected, 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 in force, provided said town authorities may amend, alter or repeal any of said ordinances; to provide that the provisions of the Act incorporating the town of Berlin, approved August 15, 1910, (Georgia Laws 1910, pages 398 et seq.) defining the corporate limits of said town be preserved. TOWN OF BERLIN NEW 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 Berlin, in the County of Colquitt, State of Georgia, be and the same is hereby incorporated as a town under the name and style of Town of Berlin. Incorporation.

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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 Berlin, and by that name and style shall have perpetual succession; shall be capable of contracting; buying and holding property, suing and being sued, plead and be impleaded; shall have all the incidental rights conferred by law and all rights hereinafter conferred. The mayor and council shall hereafter be elected as in this Act provided on the second Monday in January, 1951, and biennially thereafter, an election shall be held for the purpose of electing three councilmen for the term of two years, and until their successors are elected and qualified, and on the second Monday in January, 1952, and biennially thereafter, there will be likewise held an election for electing a mayor and two councilmen, who shall likewise hold for the term of two years, and until their successors are elected and qualified; and in the event the office of mayor or councilman shall become vacant by death, resignation, removal or otherwise, 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. The officer so elected shall at the next regular meeting of the mayor and councilmen following said election, be sworn in by the mayor, or any other officer duly authorized by law to administer oath. Said oath shall be taken and subscribed in the book of minutes in which are kept the proceedings of the town council, and said oath shall be as follows, to wit: I do solemnly swear and affirm that I will well and truly demean myself as mayor (or councilmen as the case may be) of the Town of Berlin for the ensuing term, and that I will faithfully enforce the charter and ordinances to the best of my skill and ability, without fear of favor, so help me God. Immediately on taking and subscribing this oath, they shall enter on the discharge of their respective duties, and if for any reason any of said officers are not so sworn in at that time, they may be sworn in at any subsequent time. Any person who is a freeholder and resident of the said Town of Berlin, 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 town of Berlin for sixty days, shall be eligible to the office of mayor and, or councilman. General powers. Election of mayor and councilmen. Their oath. Qualifications.

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Section 3. Be it further enacted by the authority aforesaid that all elections held under the provisions of this charter, shall be held in the council chamber, or such other place as the mayor and council may designate, and the election polls shall be open from 8:30 o'clock a.m. until 4:30 o'clock p.m.; and that the election to be held for mayor and councilmen as provided by this charter shall be as ordinary county elections are held, and all persons residing within the incorporate limits of said town, who are qualified to vote for the members of the General Assembly of Georgia, and who have resided in said town for not less than sixty days prior to such election and who have duly registered to vote in said town are eligible to vote, provided, they have paid all taxes legally required of them by said town, or its authorities; said elections 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 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. 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 mayor, and shall be to all intents and purposes ex officio justice of the peace. 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, 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 shall have no vote on any question arising in the meetings of the council, unless there be a tie between the councilmen; in such case he shall be allowed to vote. The mayor and council shall have right to fix rules and regulations to govern themselves. Said mayor and council each shall

Page 2403

receive a salary not to exceed $60.00 per annum, to be paid out of the general funds in the town treasury. Election regulations. Managers' oath. Mayor pro tem. Meetings of council. Compensation. Section 4. 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 deem necessary to carry on the business of the town, and pay said officers such salaries as the mayor and council may deem proper for their services out of the general funds of the town treasury. Other officers. Section 4-A. Be it further enacted, that it shall be the duty of the clerk of said town to keep open at his office a book for the registration of voters, alphabetically arranged, in which book all qualified voters of said town may register at any time up to the closing of said book ten days prior to each election. Said book shall be closed ten days immediately preceding each election, after which time no one shall be allowed to register until after said election. At all other times said book shall be open for registration of voters. Before registering his name, as aforesaid, each person shall take the following oath, which oath may be written or printed at the beginning of said registration book, or at the top of the page on which said registration is had, to wit: I,....., do solemnly swear (or affirm) that I am eighteen years old (or will be on the..... day of..... next), have resided in this State one year (or will have so resided in said county six months on the..... day of..... next), and am a citizen of the Town of Berlin, Georgia. I have paid all poll taxes which have been required of me, and which I have had opportunity to pay, so help me God. The registrar shall date the time of each name so registered. The clerk of said town shall make, or cause to be made and delivered to the manager of each election, an accurate alphabetical list of all the registered voters for that election. The managers shall have the right to require said voter to take the above oath before allowing him to vote, even though his name appears on the list of registered voters furnished them by the clerk as above set forth. Registration of voters. Oath. Section 4-B. Be it further enacted, that if the said clerk, or

Page 2404

other party having in charge said registration book, shall knowingly prevent anyone qualified to register, or shall likewise knowingly register anyone or allow anyone to register who is not qualified to register, he shall be subject to be punished on conviction therefore as prescribed by Section 18 of this Act. Should anyone register, or attempt to register or vote, or attempt to vote illegally in such election, he, on conviction thereof, shall be likewise punished. Penalties, illegal registration, etc. Section 5. Be it enacted by the authority aforesaid that all of the aforesaid officers shall take oath and give bond (if bond is required), such as the mayor and council shall require and prescribe. Officers' bond. Section 6. 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. Section 7. Be it further enacted by the authority aforesaid that the mayor of said Town of Berlin shall be the chief executive officer of said town and shall see that the ordinances, bylaws, rules and orders of the town council are faithfully executed. He shall have control of the marshal and police force of said town, 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 town. All town 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 town employee for cause, subject to final approval of the town council either at the next succeeding regular meeting or a special meeting called for the purpose, approving the action of the mayor. The mayor shall have general supervision of all the affairs of the town. He shall have power and authority to convene the town 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 town council may impose by ordinance. Mayor's powers and duties. Section 8. Be it further enacted by the authority aforesaid

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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 Berlin, 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 fifteen mills. General tax powers. Rate. Section 9. Be it further enacted by the authority aforesaid that the mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due 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 on both real and personal property and conduct sales in accordance with the laws governing sheriff's sales in Georgia, such sale of both real and personal property to be held at the place of the regular meetings of the mayor and council. 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 Berlin may buy property sold under execution under the same terms and provisions as is provided in the purchase by counties of the State of Georgia tax sales. Levy and sale. Section 10. 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 ordinances. Section 11. Be it further enacted by the authority aforesaid that the mayor and council shall have full power and authority to require any person, firm, company or corporation, whether a

Page 2406

resident or non-resident of said town, engaged in or carrying on, or who may engage in, prosecute or carry on any trade, business calling, vocation or profession within the corporate limits of said 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. Registration of businesses. Licenses. Penalties. Section 12. Be it further enacted by the authority aforesaid that the Town of Berlin is authorized to own and operate a system of waterworks and electric light system for supplying water and lights 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 waterworks, 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 Berlin, 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

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limits thereof, 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 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. 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. Collection for such services may be enforced by issuance of execution, levy and sale, as provided for the collection of town tax. Waterworks, light system, etc. Section 13. 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. Condemnation of property. Section 14. Be it further enacted by the authority aforesaid that the said mayor and council shall have full power and authority to require by ordinance that all male residents of said town between the ages of eighteen and fifty who have resided in said town as long as sixty days, except those who are exempted in Section 15 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

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thereof, not to exceed 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. Street tax. Section 15. 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 or more churches; and all men who have lost one arm or one leg; and all men who are either deaf, dumb or blind, either totally, or partially to the extent that they are unable to perform street work, shall be exempted from the provisions of the preceding section. Persons exempt. Section 16. Be it 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. Vehicles. Section 17. 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 thereof, and that may be necessary to foster virtue and good morals in said town, to suppress 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

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to pass ordinances and regulations preventing idleness and loitering within the town limits and to prescribe penalties therefor. Police and welfare powers. Section 18. Be it further enacted by the authority aforesaid that the Town of Berlin 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 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 Berlin, 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 Berlin, passed in accordance with its charter, to an amount not exceeding seventy-five dollars, or to imprison in the town jail, for a period not more than sixty days, or sentence such violators to labor on the streets or other public works of the town for not more than sixty days; the said presiding officer 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 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 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

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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 certiorari, and providing for forfeiture of bonds. Police Court. Jurisdiction. Powers. Rules of practice. Section 19. Be it further enacted by the authority aforesaid that any person convicted before the mayor or recorder 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 officer of the 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 recorder 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 Colquitt 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 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 county 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 judgment of the justice of the peace in civil actions under the rules of law governing such cases. Appeal from Police Court. Certiorari. Section 20. Be it further enacted by the authority aforesaid that the town marshal, or other town policeman, shall have power

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and authority to arrest all persons guilty of disorderly conduct or public incidency, 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 marshal or any policeman 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 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 Berlin by order of the presiding officer. Arrests. Bail. Section 21. 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 prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, revise, 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. Section 22. Be it further enacted, that the mayor and council of said town 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 well best promote the object of this section and the protection of property from fires. Fire protection.

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Section 23. 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. The mayor and council of said town is authorized to promulgate rules, regulations and ordinances whereby the Town of Berlin, 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 and planning. Section 24. Be it further enacted, that the mayor and council shall have power and authority to prevent livestock from running at large in said town. 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 animals fails or refuses to pay the impounding fee and the keep of such animals, said animals may be sold at public outcry at a place designated by the mayor. Animals. Section 25. 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 law of Georgia in condemnation proceedings. They shall also have power and authority to remove or cause to be removed, any buildings, posts, steps or any other obstruction in the public streets, lanes, alleys, sidewalks, 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

Page 2413

other public places, or the abutting property owner, and an execution may be issued for the cost of removal of such obstructions, upon failure of the persons causing such obstruction, 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, the 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. Obstructions. Section 26. Be it further enacted, that L. C. Croft, Sr., be, and he is hereby designated as mayor of the Town of Berlin, and that M. A. Miley, Gordon Croft, R. J. Rogers, Sr., C. E. Suber, and Billy Odom, be and they are hereby designated as councilmen for the said Town of Berlin, they being the present mayor and councilmen, who shall hold office until their successors are elected and qualified as provided in Section Two of this Act. And all ordinances heretofore adopted by the mayor and council of the Town of Berlin, and which are now in force and which are not 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, provided that said mayor and council may at any time repeal, alter or amend any of said ordinances. Incumbent officers. Section 27. Be it further enacted by the authority aforesaid that the corporate limits of said town shall be the same as heretofore incorporated, namely: The corporate limits of the Town of Berlin shall be as follows: The original land lines of lot of land number four hundred and eighty-one (481) in the ninth (9th) land district of Colquitt County, Georgia, so that said Town of Berlin shall embrace all of said lot of land four hundred and eighty-one (481) and will exactly coincide with lot of land above named in boundaries,

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territory and area, containing four hundred and ninety (490) acres of land, more or less, and making the town something less than a mile square. Corporate limits. It is further provided that the provisions of the Berlin Town Limits Act of 1910, pages 398 et seq. are expressly preserved. Section 28. 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 and other property of said town. Franchises, easements, etc. Section 29. Be it further enacted that said mayor and council shall have authority to regulate and prevent the sale and use of fireworks, firecrackers, torpedoes, sky-rockets, 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. Firearms, explosives, etc. Section 30. 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 assessors. 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 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. Board of tax assessors. 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 owners said tax assessors shall assess such property of the person at double the fair market value thereof. Said tax assessors shall make a return of their work within 30 days after

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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 by mailing notice to them five days before said hearing, and non-residents shall be given notice by mail at their known address such shall constitute legal notice of such assessment. Tax returns. Objections to assessments. Section 31. 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 or 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. Appeal to Mayor and Council. Section 32. 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, 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.

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Section 33. 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. Section 34. Be it further enacted, that in 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 invalid. Section 35. Be it further enacted, that the Act approved August 15, 1910, entitled an Act to incorporate the Town of Berlin, in the County of Colquitt, pages 397, et seq., the Act amending same approved August 6, 1912, pages 616, et seq. and the Act amending same approved July 21, 1921, pages 687, et seq., each and all be, and the same are hereby repealed, except the provisions of the Act defining the corporate limits of the Town of Berlin, pages 398, et seq., Georgia Laws 1910, be expressly preserved. Acts repealed. Georgia, Colquitt County. I, the undersigned, as bookkeeper and secretary of the Observer Publishing Company, a corporation of said State and county that issues and publishes the Weekly Moultrie Observer, do hereby certify; 1. That said Weekly Moultrie Observer is the official organ of Colquitt County, Georgia, in which the sheriff's advertisements are published. 2. That the mayor, councilmen and clerk of the Town of Berlin in said State and county authorized the publication of a notice of local legislation giving notice that a bill to create a new charter of and for said town would be introduced in the January, 1950, term of the General Assembly of Georgia; said authority to publish said notice having been given within sixty days of the convening of the said session of the General Assembly to wit: On November 25, 1949. 3. That pursuant to said authority said Weekly Moultrie Observer carried said notice of local legislation with reference to the introduction of said bill to create a new charter of and

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for the said Town of Berlin of Colquitt County, Georgia, under dates of November 25, 1949, December 2, 1949, and December 9, 1949, being three publications of said notice within the said sixty days, a copy of one of said notices being as follows as it appeared in said issues in said paper to wit: Weekly Moultrie ObserverFriday, December 2, 1949 Notice of Local Legislation. There will be introduced and proposed for enactment in the session of the General Assembly of Georgia, convening on January 9, 1950, a bill to create a new charter of and for the Town of Berlin in Colquitt County, Georgia, and also to repeal all provisions of the old charter of said town approved August 15, 1910, (Ga. Laws 1910, pages 397-407) and all amendments thereto, in conflict with the provisions of the new charter. WDec. 9 Given under my hand and seal this January 28, 1950. (s) Mabel C. Potts (Seal) Bookkeeper (s) Grady Adams (Seal) Secretary of Observer Publishing Company. The Observer Publishing Company of Moultrie, Ga. (Publisher's Seal) Approved February 14, 1950. COLBERT NEW CHARTER. No. 648 (House Bill No. 946). An Act to amend, consolidate and supersede the several Acts incorporating the City of Colbert, 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

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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 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 the 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 a 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 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 crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades, businesses, callings and professions, to provide for the registration of trades and businesses,

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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 therefor; to provide for the procedure of improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions 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 waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and

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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 pesthouse 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, deed 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 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 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 repeal of all prior Acts incorporating the City of Colbert, and all Acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of

Page 2421

the territory now embraced in the corporate limits of the City of Colbert, located in the County of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Colbert. Incorporation. Section 2. Be it further enacted, that the corporate limits of the City of Colbert, shall be as follows: From a point in the center of Main Street and center of the main tract of the Seaboard Air Line Railway, where said Seaboard Air Line Railway crosses said Main Street, the distance shall be one-half mile in every direction, in other words, one-half mile radius from said point. Said corporate limits may be extended to include all territory within three-fourths of a mile from the center of the main tract of the Seaboard Air Line Railway that crosses Main Street, by an ordinance adopted by the mayor and council at a regular meeting, provided, that such ordinance shall not be adopted nor said limits extended until a majority of the voters qualified to vote in county elections residing in the area to be affected by such extension vote in favor of extending said corporate limits. Corporate limits. Section 3. Be it further enacted, that from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the County of Madison, State of Georgia, be and are hereby incorporated under the name and style of City of Colbert, and said City of Colbert, is hereby chartered and made a city under the corporate name of City of Colbert, 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 Colbert, as created by this Act; and the City of Colbert 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 Colbert shall have the right and power

Page 2422

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 Colbert, 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 Colbert 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 Colbert shall consist of and be vested in a mayor and four councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, 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

Page 2423

enumeration of powers shall not be construed as restricted of 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 Council. General 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 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 Colbert 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

Page 2424

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 city and as may be hereinafter authorized. Mayor's powers and duties. Police Court. Section 6. Be it further enacted, that the present mayor and councilmen of said City of Colbert shall continue in office until January 1, 1951, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the council of said City of Colbert, created by this charter, and on the first Wednesday in December 1950, a mayor and four councilmen shall be elected, as provided in the next section of this Act. Incumbent officers. Section 7. That on the first Wednesday 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 Colbert for the ensuing term, and that I will faithfully enforce the 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 are 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.

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Section 8. Be it further enacted, that should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Section 9. Be it further enacted, that the elections held under this charter and all elections in which any subject or question is submitted to the qualified voters of said City of Colbert 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 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 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 an election, but such pay or compensation shall not exceed the sum of two dollars per day for each such manager or clerk. Election regulations. Section 10. Be it further enacted, that the said managers

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shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Madison County, or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen, or either of them, or other elective officers, a new election as between candidates thus ties 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 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 in 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; 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

Page 2427

all costs, for which said ordinary is authorized to issue the usual execution. Contest of election. Section 12. Be it further enacted, that the mayor and councilmen at their first regular meeting in January 1951, 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 Colbert 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 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 the 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 a 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

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election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of eight o'clock a.m., and six o'clock p.m. (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 Colbert 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 Colbert, 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 ordinance 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 of this Act to provide a permanent system of registration for said city. Registration. Registrant's oath.

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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. Section 17. Be it further enacted, that the Clerk of the City of Colbert 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 voter's 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 Colbert, and the said clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers selected to hold such election, and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voter's list by accident or mistake. Voters' list.

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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 or 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 lists of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voter's list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voter's list, the said board of registrars shall proceed to purge said voter's list of the name or names of such person or persons if they find such person or persons are disqualified to vote in said election for any cause. Purging lists. Hearing. Section 20. Be it further enacted, that at the first regular meeting of the mayor and councilmen in January, 1950, 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

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minutes of said city. Said treasurer to give bond with security in the sum of twenty-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 Colbert. 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 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 eceed 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 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. Officers, compensation, tenure, etc. Expenditures. Section 21. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three

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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. Meetings. 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 councilmen of the City of Colbert 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 reserve 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 arranged with the county officers, not to exceed thirty days, or to work on the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed 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

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to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police Court. 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. Commitment of offenders. Section 24. Be it further enacted, that the mayor and council men of said town shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinances of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 25. Be it further enacted, that it shall be lawful for the marshal or any 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 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 Colbert, 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 Colbert; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are

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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 person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. Section 26. Be it further enacted, that the mayor and councilmen of the City of Colbert 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 Colbert 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 or any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Colbert. Continuances. Bonds. Section 28. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police 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

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marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case 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 to council. Certiorari. Section 29. Be it further enacted, that all persons owning property in the City of Colbert 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 the 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

Page 2436

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 failint to make such return at double the fair market value thereof. Said board of tax assessors shall make a return to their work within thirty days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilman; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessment, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a nonresident taxpayer, with postage prepaid to his last known address, shall constitute legal notice to him. Board of tax assessors. Duties. Objection to assessment. 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.

Page 2437

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. Property not returned. Section 33. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste 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. Collection of taxes. 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 Colbert and for the ordinary current expenses thereof, the mayor and council are vested with power and authority to assess, levy, and collect an ad valorem tax annually on all real and personal property lying within the corporate limits of said city or held by the residents thereof, and subject to municipal taxation by the laws of this State, not to exceed one dollar and fifty cents ($1.50) on each one hundred dollars ($100.00) of the assessed value thereof; and shall have power to provide by ordinance for returns to taxable property by the owners thereof, their agents or representatives, and to provide penalties for the neglect or refusal to comply with the same. Any balance of taxes collected and not needed nor used for the ordinary current expenses of the calendar year in which assessed and collected may be applied on any legal obligation of the city. Ad valorem tax rate. Section 35. Be it further enacted, that the mayor and council

Page 2438

of the City of Colbert shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have the 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 Colbert, 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 Colbert 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 Colbert 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, signposts, 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 at the expense of said company, and collect the cost of such removal from such company by execution. The mayor and councilmen shall have full power and authority to regulate the use of the streets of the City of Colbert for business purposes and no person, firm or corporation shall have the right to use the streets of said City of Colbert for business purposes without first having obtained the consent and license of the mayor and council of the City of Colbert, provided, that such

Page 2439

consent and license shall not be required of farmers using the streets of the City of Colbert in selling and disposing of agricultural, grove, orchard, poultry, dairy, and other products grown, raised, and produced by them on farms operated by them. Streets, sidewalks, etc. Obstructions, nuisances. Section 36. Be it further enacted, that the City of Colbert is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Water supply. Section 37. Be it further enacted, that said City of Colbert 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 utilization. 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 crossing of their several roads whenever and in such manner as said mayor and councilmen may deem necessary. Railroad crossings. Section 39. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the

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storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, 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. Firearms, explosives, 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 nonresident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such 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. Registration of businesses. Licenses. Section 41. Be it further enacted, that said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, tenpin alleys, and all tables kept and used for the purpose of laying gaming, or renting, all tenpin alleys, ninepin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance or 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. Games and amusements. Section 42. Be it further enacted, that said mayor and councilmen

Page 2441

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. Section 43. Be it further enacted, that the mayor and councilcilmen 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-goround, 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. Other businesses. Section 44. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as 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 Colbert, without having first procured such license and complied with all other requirements of said City of

Page 2442

Colbert, 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 fi. fa. 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 Colbert, requiring a license, prior to May first of any year, the mayor and councilmen shall add the sum of twenty per cent of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the City of Colbert, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty percent penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification of all business, and to fix the license or taxes to be paid by the different classes of business, and all other rules and regulations necessary and proper in the premises. Licenses. Penalties for violation. Section 45. Be it further enacted, that the mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Colbert, 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

Page 2443

the hearing on the revocation of such license. At said hearing the person holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license, shall be final. Revocation of license. Section 46. Be it further enacted, that the mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Colbert, 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 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. Section 48. 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 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. Section 47. Be it further enacted, that the mayor and councilmen

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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 or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove or cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Condemnation of property. Section 48. Be it further enacted, that the City of Colbert, 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 Colbert, 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, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street, sidewalk improvements. Section 49. Be it further enacted, that one-half of the total cost of grading, paving, 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

Page 2445

curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Assessments for sidewalk improvements. 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 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 the city. Assessments for street improvements. Section 51. Be it further enacted, that said Mayor and Council of said City of Colbert 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 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 taxes against the owners of such abutting property. Water, gas, sewer connections.

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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 streets, sidewalks, alleys, lanes, avenues or other public places directly in front of such owner or abutting property so paved, repaved, improved or reimproved. Computation. Section 53. Be it further enacted, that where a railroad company or other company, person or corporation has tracks on or across said streets or sidewalks so paved or improved the company, person or corporation owning, operating or controlling the same under lease or contract shall be assessed for the cost of such paving, repaving, or improving of so much of said street or sidewalk that lies within such tracks and for the full width of two feet on each side of said tracks. Railroad and other companies, assessments. Section 54. Be it further enacted, that said City of Colbert 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 improvement 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 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 the Act as to assessments, and collection of same and the lien therefor shall supply 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. Authorization of sidewalk improvements.

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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. Authorization of street improvements. 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 corporation subject to assessment for the improvement petitioned for. Section 57. Be it further enacted, that the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made. And pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein in which the advertisements for sheriff's sales in 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

Page 2448

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 decided 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 define to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment therein provided for may be made, and shall have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the mayor and council shall deem best they shall cause such improvements to be made. Paving ordinances. Section 58. Be it further enacted, that said mayor and council may be 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 Colbert 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 Colbert 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

Page 2449

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 Colbert. The right is hereby expressly granted to the City of Colbert 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 at the same time, for the doing of the work 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 material which may be selected and perform all the conditions imposed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contracts for improvements. 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

Page 2450

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 meeitng of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvements, and notice of such session for the said hearing shall be published by the said clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Colbert, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have the 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 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 there-upon 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 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 along its proportionate percentage of the assessment and no lien shall attach

Page 2451

to any lot or tracts for the assessment against any other abutting owner. Appraisal and apportionment. Objections. Assessing ordinance. 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 Colbert 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 notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Notice of assessment. Payment. 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 Colbert, 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 teste 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 per cent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable

Page 2452

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 purchasers 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 Colbert shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions. Levy and sale. Section 62. Be it further enacted that the marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser of the transferee with the same rights as to enforcing said executions 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 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. Lien. Section 64. Be it further enacted, that any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued, or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance), provided, that

Page 2453

any such defendant who had 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. Then 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 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. Affidavits of illegality. Section 65. Be it further enacted, that whenever the abutting land owners of any street, avenue, alley, lane or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be 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 Colbert is the owner the mayor of said city is authorized to sign and in behalf of the said city. Where State or subdivision owner of abutting property. Section 66. Be it further enacted, that the mayor and council of the City of Colbert are authorized and empowered to call elections by the qualified voters of the said city, in accordance

Page 2454

with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided for in 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 municipalitics and said mayor and council 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 of tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bond elections. 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 assesesd 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. Installment payment of assessments. 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

Page 2455

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 on installment with the yearly interest upon the amount remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of 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 Colbert. 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 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. Lien. Section 70. Be it further enacted, that in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments, the said 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

Page 2456

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 determine, which bond or bonds shall in no event become a liability of the mayor and council or the City of Colbert 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 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. Street improvement bonds. Section 71. Be it further enacted, that in the event that the mayor and council provide in said assessment ordinance for the paving, repaving, or otherwise improving of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public place 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

Page 2457

and levied under the provisions of this Act shall be payable by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Colbert, 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 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 Colbert, 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 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. Special fund to cover. Levy and sale after default in payment. Section 72. Be it further enacted, that if the said City of Colbert 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

Page 2458

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. Ordinance to direct payment of city's share of improvement. 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 Chapters 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 Colbert 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. Code provisions alternative. Section 74. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence, or that may be thereafter

Page 2459

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 as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage. 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 cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Condemnation of right of way for sewers. Section 76. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Section 77. Be it further enacted, that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provision 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. Sewerage and drainage beyond city limits. Section 78. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed

Page 2460

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 said city. The amount so assessed shall be a lien on the lot from the date of assessment. The execution shall be 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 assessment; 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. Sanitation assessments. Section 79. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Colbert 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, 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 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

Page 2461

violating the same, wherever found, within or without the limits of said city. Sanitation and police powers beyond city limits. 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 and 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 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 issued by the city clerk against said real estate, and which execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of an outdoor toilet in the corporate limits of said city and to order the owner thereof to remove 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. Water closets, urinals, etc. Outdoor toilets.

Page 2462

Section 81. Be it further enacted, that the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance, or the party owning such property upon which same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Nuisances. Section 82. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots and cellars, if same should prove a nuisance, or the board of health should recommend that said lot or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lot or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the 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. Vacant lots, cellars, etc. Section 83. Be it further enacted, that said mayor and councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 84. 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

Page 2463

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 intoxication 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. Alcoholic liquors. Section 85. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Colbert 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 protection. Section 86. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the

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purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such disease, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pesthouse 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 the 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 for persons failing to be vaccinated. Health regulations. Section 87. 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. Churches and cemeteries. Section 88. 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, easements. Section 89. 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. Fugitives. Section 90. Be it further enacted, that the mayor and councilmen of said city shall be empowered and authorized through a

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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. Investigation of official business. Section 91. Be it further enacted, that the mayor and councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Madison County for the use of the common jail of said county for this purpose. Prison. Section 92. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, 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. Sabbath regulations, etc. Section 93. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed after three days' notice, and any property owner or agents shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for violation of the ordinances of the city. Houses of ill fame, gaming houses, abatement. Section 94. Be it further enacted, that all executions in favor of the City of Colbert 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 Colbert 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

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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 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, and 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 redemption of land which has been sold for taxes due the City of Colbert 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 Colbert 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

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Colbert. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions; levy and sale. Redemption. City's purchase. Section 95. 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 Colbert now in force prescribing the form of warrants, accusations, and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Form of accusations, affidavits and warrants. Section 96. Be it further enacted, that said mayor and councilmen of the City of Colbert shall have power and authority to acquire, on behalf of the City of Colbert, 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 97. Be it further enacted, that the mayor and councilmen of the City of Colbert shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees, and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer

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appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council, impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 98. Be it further enacted, that the mayor and councilmen of the City of Colbert may require and compel all male persons between the ages of 18 and 50 who have resided in the City of Colbert 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 the 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. Section 99. Be it further enacted, that all ordained ministers of the gospel who are in the regular discharge of ministerial duty, and in charge of one or more churches, all men who have lost one arm or one leg, and all men who are either deaf, dumb, or blind, either totally or partially to the extent that they are unfit or unable to perform street work shall be exempt from the street duty provided in Section 98 of this Act, and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform

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street work shall be left to the judgment of the mayor and councilmen and their decision on such question shall be final. Persons exempt. Section 100. Be it further enacted, that the mayor and councilmen of the City of Colbert shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, and 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. Welfare powers. Section 101. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all 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 provide 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 violations thereof. Vehicles. Section 102. 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 103. Be it further enacted, that in case the mayor

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or a coucilman while in office shall be guilty of malpractice and willful neglect in office or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment. Section 104. Be it further enacted, that it shall be the duty of the mayor and councilmen of said city to provided 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 105. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. Section 106. Be it further enacted, that the mayor and councilmen of said City of Colbert, together with this Act, into one book to be known as The Code of the City of Colbert, 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....., 1950, pass and adopt such code, as the Code of the City of Colbert; 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 Colbert, certifying the same to be the code of ordinances and laws of said city. City code. Section 107. Be it further enacted, that said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to

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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 108. Be it further enacted, that the mayor and councilmen of said City of Colbert 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 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 of 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. Section 109. Be it further enacted, that the mayor and councilmen of the City of Colbert 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, building, erecting buildings, improving property, purchasing equipment, purchasing improvements, paying for condemned property taken for public use, for building, equipping and maintaining waterworks, water supply system, sewers and sewer system, disposal plants,

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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. City bonds. Section 110. 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 and estimates of cost. Section 111. Be it further enacted, that before any bonds of said city shall be issued for any of the purposes named in Section 109 of this charter, the mayor and councilmen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance call and provide for the holding of an 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 provided, then and in such event said city's mayor and councilmen shall, at any time before the time of

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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 elections. Tax to cover. Section 112. 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 113. Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes thereof in the name of said city, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 114. 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 and operation of same and to exercise all powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State and Acts amendatory thereof. Revenue producing projects. Section 115. Be it further enacted, that all ordinances heretofore adopted by the mayor and councilmen of the City of Colbert, and which are now in force and which are not inconsistent

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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 Colbert may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 116. Be it further enacted, that all Acts of the General Assembly of Georgia heretofore passed incorporating the City of Colbert, (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. Former Acts. Section 117. Be it further enacted that the mayor and council of said city shall have the power and authority to sell any property belonging to 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 outery 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 sheriff's. Sale of city property. Section 118. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any 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

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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 Colbert 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 invalid. Section 119. Be it enacted, that the provisions of this charter shall become effective and in full force immediately after said charter is approved. Effective date. Section 120. That all laws and parts of law in conflict with this Act are hereby repealed. CITY OF COLBERT, NEW CHARTER. To whom it may concern: This is notice that there will be introduced at the coming session of the General Assembly of Georgia, January Session, 1950, an Act to amend, consolidate and supersede the previous Acts, especially the Acts of 1914, page 626, and any previous Act relating thereto, incorporating the City of Colbert, 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 for all other lawful and legal powers, rights, duties, obligations, as will affect the City of Colbert, in the County of Madison. This December 5, 1949. Mayor and Council of the City of Colbert. Georgia, Madison County: I, W. H. Strickland, Ordinary of said county, hereby certify that the above notice has been posted for thirty days, on the bulletin board at Danielsville, as required by law. January 9, 1950. W. H. Strickland, Ordinary Ordinary Seal.

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Georgia, Madison County. I, J. C. Ayers, publisher of the Danielsville Monitor, the newspaper in which sheriff's advertisements for Madison County are published, certify that the attached City of Colbert, New Charter was published in the Danielsville Monitor in the four issues dated December 9, 16, 23, 30, 1949. This January 10, 1950. J. C. Ayers, publisher of the Danielsville Monitor. H. B. Snelling, N. P. Sworn to and subscribed before me, this 10th day of January, 1950. CITY OF COLBERT, NEW CHARTER. To whom it may concern: This is notice that there will be introduced at the coming session of the General Assembly of Georgia, January Session, 1950, an Act to amend, consolidate and supersede the previous Acts, especially the Acts of 1914, page 626, and any previous Act relating thereto, incorporating the City of Colbert, 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 for all other lawful and legal powers, rights, duties, obligations, as will affect the City of Colbert, in the County of Madison. This December 5th, 1949. Mayor and Council Of the City of Colbert. Approved February 14, 1950.

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SAVANNAHQUALIFIED VOTERS. No. 649 (Senate Bill No. 211) An Act to amend the charter incorporating the Mayor and Aldermen of the City of Savannah, prescribing the persons qualified to vote at the next general election for Mayor and Aldermen of the City of Savannah and the primary held prior to said election for the purpose of nominating candidates for Mayor and Aldermen of the City of Savannah; repealing all laws in conflict herewith; 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 the charter of the Mayor and Aldermen of the City of Savannah is hereby amended prescribing who shall be qualified to vote in the primary and at the general election held thereafter for Mayor and Aldermen of the City of Savannah. Section II. Be it further enacted by the authority aforesaid that at the next primary for nomination of Mayor and Aldermen of the City of Savannah and at the next general election for Mayor and Aldermen of the City of Savannah the persons qualified to vote in such primary and general election shall be those persons only who have resided within the corporate limits of the City of Savannah as required by law, and who have registered as qualified voters in the County of Chatham since the 25th day of February, 1949, and also those persons who shall register after the approval of this Act under the provisions of existing State law which would qualify such persons to vote for members of the General Assembly at the next general election and at the State primary held prior to the next general election. It being the intent of this Act to qualify as registered voters all persons living within the corporate limits of the City of Savannah and who have re-registered under the registration Act of February 25, 1949 and to include all persons who hereafter re-register under any change in existing State law which may supersede the re-registration Act of 1949. Qualifications of voters. Intent of Act. Section III. Be it further enacted that all laws or parts of

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laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. CHATHAM COUNTYQUALIFIED VOTERS. No. 650 (Senate Bill No. 212). An Act providing for a new registration of the qualified voters of Chatham County; repealing all laws in conflict herewith; 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 there shall be established in the County of Chatham a new registration of voters and a new registration list in order to qualify voters in Chatham County to vote at the next general election for members of the General Assembly and at the primary held prior to said election. Section II. Be it further enacted that said new registration list shall be composed of those persons who have qualified as registered voters since the 25th day of February, 1949. Said persons who have thus qualified and registered shall not be required to make any further re-registration. All persons who have not qualified as registered voters since February 25, 1949, up until the time of the adoption of this Act shall be required to re-register under existing State laws in order to qualify to vote for members of the General Assembly at the next general election and at the primary held prior to said election. All persons who have not qualified as set forth above prior to the adoption of this Act and all persons who do not qualify after adoption of this Act as set forth above shall not be placed on the registration list of qualified voters and shall not be permitted to vote in the next general election and the primary held prior to said election. Qualifications of voters.

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Section III. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 14, 1950. Affidavit of publication attached to enrolled copy. FULTON CIVIL COURTAMENDMENTS. No. 651 (House Bill No. 942) 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 2d, 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, 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 County in the event one or more

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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 2d, 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 amended. Section 16. The annual salary of the chief judge of said court shall be nine thousand ($9,000.00) dollars and the annual salary of the associate judges of said court shall be eighty-five hundred ($8,500.00) 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 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. Compensation of judges.

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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: 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. So that Section 15 when so amended will read as follows: Sec. 15, Act of 1935 amended. 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 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. Presiding judges.

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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. Section 4. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 23rd day of December, 1949, and once each week thereafter for 3 consecutive weeks as provided by law. Frank Kempton Subscribed and sworn to before me this 18th day of January, 1950. Bessie K. Crowell (Seal) Notary Public, Fulton County, Georgia My commission expires Feb. 7, 1950. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County: Notice is hereby given that the judges of the Civil Court of Fulton County intend to apply for the passage of local legislation at the adjourned session of the Georgia General Assembly which reconvenes January 16, 1950, by applying for an amendment or amendments to the following Act: An Act to carry

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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 Oct. 2, 1912, relating to the abolition of justice courts and the office of justices of the peace and of notary public ex officio justice of the peace in said city, and the establishment in lieu thereof such court or system of courts as the General Assembly may deem necessary, etc., approved August 20, 1913, and the several Acts amendatory thereof. This the 23rd day of December, 1949. Hewitt W. Chambers, Clerk, Civil Court of Fulton County. Dec. 23 30 tfn. Approved February 14, 1950. BAINBRIDGEPENSION AND RETIREMENT SYSTEM. No. 661 (Senate Bill No. 221). An Act to amend the charter of the City of Bainbridge as established by the Act approved December 16, 1901, entitled, An Act to create a new charter for the City of Bainbridge, together with all Acts amendatory thereto, so as to authorize and empower the City of Bainbridge, by its Mayor and Aldermen; to provide for retirement benefit system and plan for city employees; to determine membership and conditions of membership in said system; to provide for a board of trustees of said system and for the administration of its affairs; to prescribe duties and powers of said board; to provide a retirement fund within said system, and to provide for a payment by city employees into said fund and for contribution into said fund from the city treasury of said city; to provide for the management of the funds of said system; to provide a method of financing; to provide right of appeals; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval

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of this Act, the Act approved December 16, 1901, entitled, An Act to create a new charter for the City of Bainbridge, together with all Acts amendatory thereto, be and the same are hereby amended so as to amended the charter of the City of Bainbridge so as to authorize the following. Section 2. There is hereby created and established a retirement benefit system for the employees now on the pay roll and future employees of the City of Bainbridge, and benefits to such employees due to any accident or illness resulting from occupational hazards, a method of providing a fund for the payment of all such benefits which shall be deposited with the clerk of the City of Bainbridge, who shall be the custodian thereof, and who shall keep said funds separate and apart from the other funds of said city, and which shall be used exclusively as provided in this Act, and which shall be collected, administered and disbursed according to the provisions of said Act. The term employee shall be deemed to embrace and include all persons performing regular services in the employ of the City of Bainbridge, Georgia. Retirement benefit system. Section 3. From and after the passage and approval of this Act, the City of Bainbridge shall levy each pay day upon the salaries or per diem of each and every employee of said city to benefit hereunder a tax not to exceed five (5%) per cent of the salary or day wages due and payable up to and including $200.00 per month, which tax shall be deducted from the salary or day wages of each employee by said city and paid over to the retirement board hereinafter provided for. In like manner said city shall, through its city council, appropriate, from the funds of said city and pay into the retirement fund hereby created, a sum of money equal to the aggregate amount of said tax 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. Pay deductions. Appropriations to match. Section 4. Any funds on hand in excess of those required for immediate use, 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 ward's money under the laws of this State. Investments.

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Section 5. 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 the City of Bainbridge, and city clerk-treasurer, two (2) employees to be chosen by majority vote of the city employees affected hereby, assembled for such purpose and presided over by the mayor. The employees so chosen shall be elected for a term of two years. The city clerk shall certify the member of the board of aldermen and the employee members elected to the board of trustees. All of the members shall serve until a successor has been selected and qualified. Retirement Board. Members. Said Retirement Board shall establish reasonable rules and regulations for the purpose of administering this Act. Rules and regulations. Any employee dissatisfied with the action of said Retirement Board shall have the right to appeal to a jury in the Superior Court of Decatur County within thirty days from the date of such action by said board, but such employee shall defray all expenses of appeal from any action taken by said board. Appeal to superior court. Section 6. 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. Vacancies. Section 7. The members of the Retirement Board shall serve without compensation. Section 8. 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 a member of the Retirement Board of the City of Bainbridge, 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 retirement system. The oath may be taken

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and subscribed to before any officer authorized by law to administer an oath. Oath of Board members. Section 9. 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. Meetings. Section 10. 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 11. Retirement Eligibility. (a) To be eligible for retirement an employee must have attained the age of sixty-five (65) years or must have been an employee of said city an aggregate of twenty-five (25) years and must have paid into the retirement fund the required percentage of his salary or wages for at least three years, except as provided in Paragraph (d) of this section. Retirement eligibility. (b) No person employed by said city on the day of the passage hereof shall be compelled by the Retirement Board to retire until said person has reached the age of sixty-five (65) years. (c) Any person who will have completed twenty-five (25) years of service with said city at the time of the passage of this Act, but who has not become sixty-five (65) years of age before 1 March 1950, shall be required to work three years longer unless the sixty-fifth birthday of such person is reached during the three-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 (65) years of age or over can participate in the retirement plan by continuing to work an additional three 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 Bainbridge to the fund,

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on his or her behalf will permit, provided such employee's benefits thereunder shall be in the same amounts such employee would have received had he been contributing to said fund for three 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 12. Retirement Benefits: (a) Any employee retiring under the provision of this Act shall receive monthly benefits for the remainder of life in a sum equal to not more than $100.00 per month, based upon the highest average salary for any three years of service with the city of not more than $200.00 per month, provided the employee has completed twenty-five (25) years of service. For a salary of under $200.00 per month the amount of monthly pension shall be one-half of the highest average salary received for any three-year period during the employee's employment with the City of Bainbridge, previous to retirement age, provided, however, that in no event shall the amount of pension paid any employee exceed $100.00 per month. Retirement benefits. For illustration, if the highest average salary received for any three-year period be $100.00 per month, and the twenty-five (25) years of service have been completed, the amount of the monthly payment for life shall be $50.00. If the employee has not, at the time of his retirement, completed an aggregate of twenty-five (25) years of service to the City of Bainbridge, 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 twenty-five (25) aggregate years of service at this retirement that his years of service bear to twenty-five (25) years. For illustration, if the monthly retirement for life based upon twenty-five (25) years of service is $100.00 and the retiring employee has an aggregate of only ten years of service, the monthly income for life would be $40.00. Said benefits shall be paid to said retired employee from the retirement fund herein

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provided for on the first day of each calendar month until the death of said employee. (b) The Retirement Board must 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 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 per centum, shall be paid to his heirs at law, or to any person, firm, or corporation designate by such employee in writing before his or her death, or to his personal representative. Section 13. 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 Bainbridge, there shall be an amount appropriated by the mayor and aldermen of the City of Bainbridge, 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 Bainbridge are hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing the said pension fund and the payment of pension to its said employees under the terms and provisions of this Act. Funds supplemented by city. Section 14. Any employee leaving the service of the City of Bainbridge 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 per centum shall remain in said fund; provided, however, that any employee who leaves the service of the City of Bainbridge 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. Employee leaving service.

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Section 15. Employees subject to the provisions of this Act shall be all regular employees of the City of Bainbridge, including firemen, policemen, clerks, mechanics, city attorney 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, recorder, city physician, or non-salaried members of any board, bureau or commission. What employees included. Section 16. 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. Section 17. Notwithstanding any other provision of this Act, no one employed by said city on or after 1 March 1950, shall be affected by or participate in said retirement system if he or she is over forty (40) years of age on the date of employment, except occasional employees, temporary day laborers, and professional employees. New employees over 40. Section 18. 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. Garnishment, assignment. Section 19. No one not now employed by said city shall participate in benefits hereunder or be affected hereby except such as are employed on or before 1 March, 1950, for the first time. Section 20. 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 terms employees as such is used in this Act, and on their discharge from military service such employees shall pay into said retirement fund an amount not to exceed five (5%) per cent of the salary at which they return to work

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upon an amount equivalent to the sum they would have received as salary from 1 March 1950, 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 five 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 regulations of said Retirement Board in order to catch up the amounts due such retirement fund by such returning employee. Service with armed forces of U. S. Section 21. Be it further enacted that the charter of the City of Bainbridge be and the same is hereby amended as provided in this Act. Section 22. All laws and parts of laws in conflict with this Act 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 author hereof, to the effect that said notice has been published as provided by law. Approved February 15, 1950. Affidavit of publication attached to enrolled copy. ECHOLS COUNTY COMMISSIONER DISTRICTS. No. 666 (House Bill No. 1004). An Act to amend an Act of the Georgia Legislature of 1945 (Georgia Laws 1945, page 545, 546), entitled, An Act to provide for the division of Echols County into three commissioner's districts; to designate and describe such districts; to provide for the number of the members of the Board of

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Commissioners of Roads and Revenues of Echols County and to prescribe the qualifications of such members; to require candidates for the office of member of such board to designate which of the commissioner's districts provided for in said Act he seeks to represent; to provide for the voting upon such candidates by voters throughout the entire county; to provide for the manner of determining the successful candidates; to provide for the repeal of laws or parts of laws in conflict herewith; and for other purposes, so as to provide for the dividing of Echols County into three commissioner's districts; to provide for one commissioner from each district; to provide that the commissioners be elected by the voters of the district in which the commissioner resides; to designate and describe such districts; to provide for qualification of such members; to provide for the manner in determining the successful candidate; to provide for the election of a chairman of said commission; to provide for the repealing of all laws or parts of laws in conflict with this amendment; 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 County of Echols be and it is hereby divided into three commissioner's districts for the purpose of the election and tenure of members of the Board of Commissioners of Roads and Revenues of Echols County as in this Act provided, said districts being designated and described as follows: (a) The Statenville-Mayday commissioner's district shall consist of the 1058th Militia District of said county and that part of the 1306th Militia District of said county lying to the west of a north and south line constituting the eastern boundary of Lot 4 in the 12th land district of said county, extending north to the northern boundary of Echols County and south to the southern boundary of said militia district. Statenville-Mayday district. (b) The Enterprise-Haylow commissioner's district shall consist of the 719th Militia District of said county and that part of the 1306th Militia District of said county lying to the east of a north and south line constituting the eastern boundary of Lot 4 in the 12th land district of said county, extending north to the northern boundary of Echols County and south to the southern boundary of said militia district. Enterprise-Haylow district.

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(c) The Howell-Chappell commissioner's district shall consist of the 904th and 1211th Militia Districts of said county. Howell-Chappell district. Section 2. Be it further enacted by the same authority that from and after the first day of January, 1950, the Board of Commissioners of Roads and Revenues of Echols County shall consist of three members, no two of whom shall be residents of or qualified to vote in the same commissioner's district as such districts are in this Act designated and described. Board members. Section 3. Be it further enacted that at the regular election to be held in the year 1950, and at every regular and special election thereafter, to elect a member or memebers of the Board of Commissioners of Roads and Revenues of Echols County, every candidate for the office of member of such board shall designate, at the time of his qualification as such candidate, which of the three districts hereinabove specified he seeks to represent on the said board; and no person shall hereafter be eligible for election as a member of the Board of Commissioners of Roads and Revenues of Echols County unless, at the time of his election to such office (in addition to having such other qualifications as may now or hereafter be imposed by law) he is a bona fide resident and qualified voter of the district which he seeks to represent in accordance with the terms of this Act. Representation of districts. Section 4. Be it further enacted by authority aforesaid that no person shall be deemed to be qualified to hold said office unless he is a bona fide resident of the district from which he seeks to be a candidate and who has also been a bona fide resident of said district for a period of six month prior to the election. Residence in district required. Section 5. Be it further enacted that all candidates qualified for election to the Board of Commissioners of Roads and Revenues of Echols County shall be voted upon only by the qualified voters of the district in which the candidate seeks to be elected, and any person seeking to become a candidate must designate the district from which he proposes to be a candidate, and the candidate in each commissioner's district receiving the highest number of votes among the candidates who have designated such district as the one they seek to represent, in accordance with the terms of this Act, shall be declared elected a member of the

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Board of Commissioners of Roads and Revenues to represent Echols County from such district. Election by districts. Nothing in this Act contained shall affect the election term or tenure of any member of said board as now constituted during the term for which he has already been elected, nor of any member elected or appointed under existing laws to fill the unexpired term of any such member. Incumbents. The elections held for the purpose of electing Commissioners of Roads and Revenues of Echols County shall be held under the same laws, rules, and regulations as now provided for the election of county officers. Should any part of this bill be held to be unconstitutional by any court of competent jurisdiction, the remainder of said Act shall remain in full force and effect. If part invalid. Section 6. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and so declares that the notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Section 7. Be it further enacted and it is hereby enacted by authority of the Georgia Legislature that the commissioners elected under this Act shall at their first meeting thereafter elect their own chairman. Chairman of board. Section 8. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1950 regular session of the General Assembly of Georgia, which bill shall be entitled: An Act to provide for the division of Echols County into three commissioners districts; to designate and describe such districts;

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to provide for the number of members of the Board of Commissioners of Roads and Revenues of Echols County and to prescribe the qualifications of such members; to require candidates for the office of member of such board to designate which of the commissioners district provided for in said Act he seeks to represent; to provide for the manner of determining the successful candidate; to provide for a method of repealing the provisions of this Act by referendum; to provide for the repeal of laws or parts of laws in conflict herewith; and for other purposes. J. L. Wetherington Echols County Representative. Published in Valdosta Times January 13, January 20, January 27. Georgia, Fulton County: Personally appeared before me, the undersigned attesting officer, J. L. Wetherington, who on oath says that he is the Representative from Echols County, Georgia, and further deposes on oath and says that the above and foregoing notice was published in Valdosta Times on January 13, January 20, and January 27, 1950, and that said publication is the publication which the sheriff of Echols County uses for his official notices. (s) J. L. Wetherington Sworn to and subscribed before me this the 30th day of January, 1950. (s) W. L. Abney, N. P. Walker Co., Ga. Approved February 15, 1950. MILLER COUNTY CITY COURTAMENDMENTS. No. 667 (House Bill No. 1006). An Act to amend an Act approved March 2nd, 1935, (Georgia Laws 1935, pages 538 to 553 inclusive), establishing a City Court in and for the County of Miller, and all amendatory Acts thereto, by repealing Section Three in its entirety, as amended by an Act approved February 24, 1941 (Georgia Laws 1941, pages 696 to 697 inclusive), and as amended by an

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Act approved March 3rd, 1943, (Georgia Laws 1943, pages 778 to 780 inclusive), providing for the compensation of the solicitor, and inserting in lieu thereof, a new section, to be known as Section Three, by changing the method of compensating the solicitor of said court from a salary basis to a fee basis; to fix the amount of said fees for services rendered by the solicitor; to provide from what source the fees of said solicitor are to be paid; and further amending said Act by striking the words four dollars from Section Eight of said Act, and inserting the words five dollars in lieu thereof, so that in criminal cases where no indictment has been found, the clerk shall receive five dollars for filing and docketing an accusation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section Three of the Act approved March 2nd, 1935 (Georgia Laws 1935, pages 538 to 553 inclusive), as amended by an Act approved February 24th, 1941 (Georgia Laws 1941, pages 696 to 697 inclusive), and as amended by an Act approved March 3rd, 1943 (Georgia Laws 1943, pages 778 to 780 inclusive), providing for the salary of the solicitor, cost, disposal of fees, be and the same is hereby stricken and repealed in its entirety, and a new section inserted in lieu thereof, to be known as Section Three and to read as follows: Acts amended. Section Three: Be it further enacted by the authority aforesaid, that for his services in said court the fees of the solicitor shall be as follows: for every case finally disposed of in said court, founded upon accusations, ten ($10.00) dollars; for every indictment or special presentment finally disposed of in said court, ten ($10.00) dollars, and for all services for which this section does not provide, he shall receive the same fees as are allowed by law to the solicitor-general for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, except as hereinafter provided. In the absence or disqualification, or illness of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly elected solicitor of said court. New Sec. 3. Solicitor's fees. Section 2. That from and after the passage of this Act, the

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Act approved March 2nd, 1935 (Georgia Laws 1935, pages 538 to 553), and all amendatory Acts thereto, be and the same is further amended by striking the words four dollars from Section Eight of said Act, and inserting the words five dollars, in lieu thereof, so that said Section Eight as amended, shall read as follows: Section Eight: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the fees of the clerk and sheriff of said court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county, except as hereinafter provided. In criminal cases where no indictment has been found the clerk shall only receive five dollars for filing and docketing said accusation. In civil cases, including claim cases, illegalities, mortgage and lien foreclosures, and appeals where the principal amount claimed or involved does not exceed one hundred dollars, the cost of the clerk for the entire service shall be two dollars, exclusive fees for subpoenaing witnesses and recording proceedings on the minutes of the court and the sheriff's cost shall be two dollars for each copy delivered or served by him, exclusive of other fees allowed by law to the sheriffs of the State for similar services. For summoning juries for each term of said court, the sheriff shall receive the same fees as allowed to him for similar service in superior court, and for their attendance at said court the sheriff and clerks shall each receive the same per diem as are paid to them for similar service 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. Georgia, Miller County. I, Bert Priest, do hereby certify that I am the publisher of the Miller County Liberal, the newspaper in which the sheriff's advertisements for said County of Miller, and for the locality affected, are published, and that the attached one page of typewritten matter is a true and correct copy of a notice of the intention to apply for the passage of the bill therein referred to, and I further certify that said notice has been published in said newspaper in the issues of January 6, 1950, January 13,

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1950, and January 20, 1950, and that said notice has been published as provided by law. This 28th day of January, 1950. (s) Bert Priest, Publisher Notice Georgia, Miller County. Notice is hereby given of my intention to apply for the passage of a local bill in the General Assembly of Georgia, at the adjourned or recessed session convening January 16th, 1950, entitled, An Act to amend an Act approved March 2nd, 1935, (Georgia Laws 1935, pages 538 to 553 inclusive), establishing a City Court in and for the County of Miller, and all amendatory Acts thereto, by repealing Section Three in its entirety, as amended by an Act approved February 24, 1941 (Georgia Laws 1941, pages 696 to 697 inclusive), and as amended by an Act approved March 3rd, 1943, (Georgia Laws 1943, pages 778 to 780 inclusive), providing for the compensation of the solicitor, and inserting in lieu thereof a new section, to be known as Section Three, by changing the method of compensating the solicitor of said court from a salary basis to a fee basis; to fix the amount of said fees for services rendered by the solicitor; to provide from what source the fees of said solicitor are to be paid; and further amending said Act by striking the words four dollars from Section Eight of said Act, and inserting the words five dollars in lieu thereof, so that in criminal cases where no indictment has been found, the clerk shall receive five dollars for filing and docketing an accusation; and for other purposes. This 2nd day of January, 1950. H. M. Miller, Representative, of Miller County, Georgia. Approved February 15, 1950. COLQUITTAD VALOREM TAX RATES. No. 668 (House Bill No. 1007). An Act to amend an Act entitled, An Act to amend, consolidate and supersede the several Acts incorporating the City of

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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; 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 court; 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, or 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 and regulations of said city; to provide for all other matters necessary for the general welfare of said city; to repeal an

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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; as amended by an Act of the General Assembly of Georgia, for the year 1947, which amendatory Act was approved February 26, 1947, and which amendatory Act is found in Georgia Laws for the year 1947, pages 175 to 179 inclusive; and as amended by an Act of the General Assembly of Georgia, for the year 1949, which amendatory Act was approved February 25, 1949, and which amendatory Act is found in Georgia Laws for the year 1949, pages 2054 to 2059, inclusive; which both amendatory Acts re-enacted and restored to the Acts of 1915, Section Eleven (11) as originally passed by the General Assembly of Georgia for said year, by striking from Section Eleven (11) of the original Act of 1915, as amended, restored and re-enacted, the words, to wit: one half of, so that the mayor and council shall have full power and authority for the assessment, levy and collection, of an ad valorem tax on all real and personal property, and every other kind of property in said city, owned or held therein, of not exceeding one per cent. for ordinary expenses; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, that Section Eleven (11) of the above entitled Act of the General Assembly of the State of Georgia, for the year 1915, pages 534 to 567, both inclusive, as amended by an Act of the General Assembly of Georgia, for the year 1947, which amendatory Act was approved February 26th, 1947, and which amendatory Act is found in Georgia Laws 1947, pages 175 to 179 inclusive; and as amended by an Act of the General Assembly of Georgia, for the year 1949, which amendatory Act was approved February 25th, 1949, and which amendatory Act is found in Georgia Laws for the year 1949, pages 2054 to 2059, inclusive; which both amendatory Acts re-enacted and restored to the Acts of 1915, Section Eleven (11) as originally passed by the General Assembly of Georgia, for said year, be and the same is hereby amended, by striking from Section Eleven (11) of said Act as amended, restored

Page 2500

and re-enacted, the following words, to wit: one half of, so that said section, when so amended, shall read as follows: Sec. 11, former Acts, amended. Section 11. For the purpose of raising revenue for the support and maintenance of the government of the City of Colquitt, the mayor and council shall have full power and authority for the 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. For the purpose of providing a sinking fund for paying the principal and interest of any bonds heretofore issued, or that may be hereafter issued by said city authorities, and for the payment of the annual or semi-annual interest on said bonds and for the payment of legal and equitable judgments and decrees against said city, an additional ad valorem tax shall be levied and collected as extraordinary expenses. [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] 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. Georgia, Miller County. I, Bert Priest, do hereby certify that I am the publisher of the Miller County Liberal, the newspaper in which the sheriff's advertisements for said County of Miller, and for the locality affected, are published, and that the attached two pages of typewritten matter are a true and correct copy of a notice of the intention to apply for the passage of the bill therein referred to, and I further certify that said notice has been published in said newspaper in the issues of January 6, 1950, January 13, 1950 and January 20, 1950, and that said notice has been published as provided by law. This 28th day of January, 1950. Bert Priest Publisher Notice Georgia, Miller County. Notice is hereby given of my intention to apply for the passage of a local bill in the General Assembly of Georgia, at the recessed

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or adjourned session convening January 16th, 1950, 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; 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 court; 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, or 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 and regulations of said

Page 2502

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; as amended by an Act of the General Assembly of Georgia, for the year 1947, which amendatory Act was approved February 26, 1947, and which amendatory Act is found in Georgia Laws for the year 1947, pages 175 to 179 inclusive; and as amended by an Act of the General Assembly of Georgia for the year 1949, which amendatory Act was approved February 25, 1949, and which amendatory Act is found in Georgia Laws for the year 1949, pages 2054 to 2059 inclusive; which both amendatory Acts re-enacted and restored to the Acts of 1915, Section Eleven (11) as originally passed by the General Assembly of Georgia for said year, by striking from Section Eleven (11) of the original Act of 1915, as amended, restored and re-enacted, the 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. This 2nd day of January, 1950. H. M. Miller, Representative of Miller County, Georgia. Approved February 15, 1950. HARLEMREGISTRATION OF VOTERS. No. 676 (Senate Bill No. 228). An Act to amend an Act entitled: An Act to create and establish a new charter for the Town of Harlem, in the County of Columbia: to declare the rights, powers and privileges of said corporation and for other purposes approved August 16, 1913 (Acts 1913, pages 869-890), so as to provide biennial

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registration of voters for elections held in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the above entitled Act and all Acts amendatory thereof shall be amended as follows, to wit: By striking the words prior to each election from line four (4) of Section 8 of said Act, and inserting in lieu thereof the words prior to each election for mayor and by adding after the word day at the end of said Section 8, a comma, and the words which list shall be of full force and effect for two years. Additions may be made, from time to time, of the names of new qualified voters, who have not previously had the opportunity to register, upon application to the clerk of council., so that said Section 8, when amended shall read as follows: Sec. 8, Act of 1913, amended. Section 8. The clerk of council, or in case of his sickness or absence, any officer of the town duly appointed by the mayor and council shall designate forty-five (45) days prior to each election for mayor, a list for the registration of voters, which list shall be kept open from nine o'clock a. m. until twelve o'clock, noon, and from two o'clock p. m. until four o'clock p. m., Sundays excepted, for the space of fifteen (15) days when it shall be closed at four o'clock p. m. on the fifteenth (15th) day, which list shall be of full force and effect for two years. Additions may be made, from time to time, of the names of new qualified voters, who have not previously had the opportunity to register, upon application to the clerk of council. Registration of voters. Section 2. A copy of the affidavit of the publisher of the official news organ for Columbia County and a copy of the notice of intention to introduce local legislation are attached hereto marked Exhibit A and made a part hereof by reference. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved February 15, 1950. Affidavit of publication attached to enrolled copy.

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SPARKSCHARTER REPEALEDREFERENDUM. No. 680 (House Bill No. 1062). An Act to repeal an Act approved December 20, 1899, (Ga. Laws 1899, pages 271-278) entitled, An Act to establish a new charter for the Town of Sparks in the County of Berrien, State of Georgia, to grant certain privileges to said town, to repeal all Acts in conflict, to define the limits of the same, to provide for the issue of bonds, and for other purposes, and all amendments thereto, so as to repeal the charter of the Town of Sparks; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it hereby enacted by authority of the same: Section 1. That the Act approved December 20, 1899, (Ga. Laws 1899, pages 271-288) incorporating the Town of Sparks and granting a charter thereto, as amended, be and the same is hereby repealed. [Illegible Text] Section 2. Be it further enacted that this Act shall not become effective until ratified by the qualified voters of the Town of Sparks, and the municipal authorities in charge of said municipality shall within ten days from the date this Act is approved by the Governor call an election to be held on the 8th day of March, 1950, at which time an election will be held to ratify an Act to incorporate a new municipality consolidating the City of Adel and the Town of Sparks, and notice of said election shall be published in the official organ of Cook County, Georgia. The ballot prepared for said election shall have printed thereon the words For repeal of the present municipal charter, and the words Against repeal of the present municipal charter, and those voting for repeal shall mark X to the left of the words For repeal of the present municipal charter, and those voting against repeal shall mark X to the left of the words Against repeal of the present municipal charter. Said election shall be held under the same rules and regulations governing the election of officers of said municipality. The result of said election shall be declared by the same rules and regulations governing the Town of Sparks. If a majority of the votes cast

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in said election be for repeal of the present charter, this Act shall become effective immediately, and if a majority of the votes cast are against repeal of the present charter, then this Act shall be null and void. [Illegible Text] Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1950 regular session of the General Assembly of Georgia, which bill shall provide for the incorporation of a new municipality, consolidating the municipalities of Sparks and Adel. This bill will not be introduced unless the referendum to be held prior to its introduction approves the passage of said bill. This the 4th day of January, 1950. Wilson B. Wilkes, Cook County Representative. Georgia, Fulton County. Personally appeared before the undersigned authority Wilson B. Wilkes, who, after first being duly sworn on oath, deposes and says that he is the Representative from Cook County, and that he is the author of the foregoing and attached bill, and that the notice of the intention to introduce local legislation, a copy of which appears above, was published in the official organ of Cook County once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly, as provided by the Constitution of Georgia. (s) Wilson B. Wilkes Sworn to and subscribed before me this 31st day of January, 1950. (s) Walter C. Adkins, N. P. Notary Public, State of Georgia State at Large, Ga. Approved February 17, 1950.

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KENNESAW NEW CHARTER. No. 690 (House Bill No. 1011). An Act to amend, consolidate and supersede the several Acts incorporating the City of Kennesaw, in the County of Cobb, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define the territorial limits of said town; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the ordinances of said town; to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties and for their compensation; to provide for and define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualification of the voters and electors in said town, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of town clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters list and for a hearing on same; to provide for a town clerk and treasurer, a town marshal, attorney and other officers, their oaths, bond, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for appeals and certiorari; from police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by the citizens of said town; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for a penalty for failure to make a return of taxes; to provide for appeals from decision of

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board of tax assessors and hearing on the same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the town, and to define its limits; to empower said town to widen its streets; to provide for the removal of obstructions from streets; to empower said town to require railroad companies to make and repair crossings in said town; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and businesses, and to authorize said town to require any person, firm or corporation engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to impound the same; to provide for the opening of new streets, and the right to condemn property for such purposes; to provide for the improvements of streets in said town; to provide for the cost of such improvements and for the assessments against abutting property therefor; to provide for the cost of curbing, drains and manholes; to compel the connection of water lines with town lines; to provide for the pro-rating of assessments; to provide for the improvement of sidewalks and the cost therefor; 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 the costs 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 levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions thereof; to provide for bonds 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

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installment assessments; to provide for street improvement bonds which will not be an obligation of the town and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said town and for sewage and drainage assessments, for the taking of property for sewage system, for the extension of such system, and for the making of such sanitary lots; to authorize the town to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and 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 wellbeing thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said town; to provide for the collection of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the removal and abatement of nuisances; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said town and for fire regulations therein; to provide for vaccination, for a pesthouse and for the prevention of diseases; to provide for a town cemetery and its regulations; to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for town parks, and for the regulations of trees in said town; to empower said town to require all male citizens between the ages of 18 to 50 to work on streets of the town, or to pay a commutation street tax in lieu thereof, and to provide for exemptions therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a

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tax on dogs; to provide for a code of ordinances for said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property within and without the town, for public purposes; to provide for the issuance of bonds, for bond elections and for the levy and collection of a tax to pay said bonds; to provide for the sales of town property by the mayor and council; to provide for the repeal of all prior Acts incorporating the City of Kennesaw, and all Acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City or Town of Kennesaw located in the County of Cobb, State of Georgia, be and are hereby incorporated under the name and style of City of Kennesaw. Incorporation. Section 2. Corporate limits. Be it further enacted, that the corporate limits of the City of Kennesaw shall extend one-half mile from the center of the present depot of the Western Atlantic Railroad in said city, said distance to be in a radius from the center of the said depot of the Western Atlantic Railroad in said city. Corporate limits. Section 3. Be it further enacted, that from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the County of Cobb, State of Georgia, be and are hereby incorporated under the name and style of City of Kennesaw, and said City of Kennesaw is hereby chartered and made a city under the corporate name of City of Kennesaw, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, titles, property, easements and heriditaments within and without its corporate limits now belonging to said City of Kennesaw shall be and are hereby vested in said City of Kennesaw, as created by this Act; and the City of Kennesaw as created

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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 Kennesaw 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, and property, estate or estates, real or personal, lands and tenements, hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes said City of Kennesaw, 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 the said City of Kennesaw 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 Kennesaw shall consist of and be vested in a mayor and four councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery-stables, sales-stables, warehouses, sleeping apartments, restaurants, cafes, opera-house, theatres, picture shows and all kinds of shows and circuses, dancehalls, skating-rinks, bowling alleys, pool and billiard-rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber-shops, soda-founts, beer-saloons, telegraph and telephone companies, gas, water, lights, and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and other matters and things whatsover that may be by them considered necessary or proper or incident to good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and the preserving of peace, good order and dignity of said government;

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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 the 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 restrictive to said powers alone but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Section 5. Be it further enacted, that the mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex-officio member of all committees; to see that all funds are properly 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 be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper to preside in the police court of the City of Kennesaw, and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance

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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 council by imposing such sentence of penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor. Powers and duties. Section 6. Be it further enacted, that the present mayor and councilmen of said City of Kennesaw shall continue in office until the 31st day of December, 1950, and said mayor and councilmen shall exercise all of the powers and authorities conferred upon the mayor and councilmen of the said City of Kennesaw, created by this charter, and on the third Monday in December, 1950, a mayor and four councilmen shall be elected as provided in the next section of this Act. Present mayor and councilmen. Section 7. Be it further enacted, that on the third Monday in December, 1950, there shall be elected for said city, by the qualified voters therein, a mayor and four councilmen to serve for a period of two years. On the first Monday in January after their election, the newly elected mayor and councilmen-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Kennesaw 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 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

Page 2513

as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms. Election. Oath. Meetings. Vacancies. Section 8. Be it further enacted that should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council declared vacant and the vacancy filled as above provided. Failure of officers to serve. Section 9. Be it further enacted, that elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Kennesaw shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two 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 town hall or other designated place for the holding of any election. The polls shall be opened at 7 o'clock a. m., and close at 7 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

Page 2514

and councilmen shall determine and provide for the payment of managers of any election and of any clerks that may be necessary in holding any election for their services in holding such elections, but such pay or compensation shall not exceed the sum of $5.00 per day for each such manager or clerk. Management of elections. Oath of managers. 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 Cobb County or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In the case of a tie between two or more candidates in any election for mayor and councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared, under the same registration list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Declaration of results. Section 11. Be it further enacted, that if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Cobb County within three days after election, and upon the payment in advance by the contestant, or contestants, to said ordinary of ten dollars ($10.00), the said ordinary shall within two days after he received the same cause a copy of said notice to be served by the sheriff or his deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties

Page 2515

shall have five days' notice before hearing. The contester shall pay to the sheriff, or his deputy two dollars ($2.00) in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said results of elections is contested; contestee may set up any cross grounds of contest. The contest may be heard at the Cobb 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. Contest of elections. Section 12. Be it further enacted, that the mayor and councilmen at the first regular meeting in January, 1951, and annually thereafter shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Section 13. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State and shall have resided in the City of Kennesaw ninety 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 councilmen of said city unless he shall be a freeholder owning real estate in said city and have resided in said city one year immediately preceding his election and shall be qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. The name of no candidate for either mayor or councilmen shall be placed on the ballot in election for mayor and councilmen unless such candidate shall file with the clerk of said city, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed in said ballot as a candidate either for mayor or

Page 2516

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

Page 2517

no person registering in said book shall be required to again register as a qualified voter of said town so long as he remains a resident of said town, and does not disqualify himself, it being the purpose of this Act to provide a permanent system of registration for said town. 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 ($3.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for two years. Registrars. Section 17. Be it further enacted, that the clerk of the City of Kennesaw shall close the registration book twenty days before any regular or special election, to be held in said city at seven 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 such registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters list not later than five days prior to such election and certify said list to be true and correct and to deliver same to the clerk of the City of Kennesaw, and the said clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning

Page 2518

of the election to be held in said city deliver said list to the election managers, selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters list by accident or mistake. Voters' list. Section 18. Be it further enacted, that all persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such 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 persons an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voter's list by said board unless such notice is given to such person whose name appears on the registration books or a non-resident, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determined the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons, so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters list, the said board of registrars shall proceed to purge said voters list of the name or names of such persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of list.

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Section 20. Be it further enacted, that at the first regular meeting of the mayor and councilmen in January, 1950, and annually thereafter, the mayor and councilmen shall elect a town clerk and treasurer; said treasurer to give bond with security in the sum of not less than $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Kennesaw. Said mayor and councilmen shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and councilmen to fix the salaries, or compensation, of said mayor and councilmen, and all other officers, agents and employees of said town, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said town shall not exceed the sum of $100.00 per year; the salary or compensation of the councilmen of said town shall not exceed the sum of $50.00 each per year; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $200.00 per year; the salary of the marshal or chief of police of said town shall not exceed the sum of $150.00 per month; the salary of all other policemen of said city shall not exceed the sum of $100.00 per month each. All expenditures of the mayor and councilmen for town purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and councilmen have allowed same. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Other city officers. 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

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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 three 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. Meetings of council. 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 mayor pro tem., any councilman of the City of Kennesaw may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the town prison or the county jail, having previously arranged with the county officers, not to exceed thirty days. The punishment of confinement in the city or county jail shall not be inflicted except as alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor; in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. Jurisdiction. Section 23. Be it further enacted, that the mayor or mayor pro tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction to examine into the facts of the case,

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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 Cobb County. Commitment to superior 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 town to summon any or 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 to provide a punishment for any person or persons failing or refusing to obey such summons. Aid of bystanders, arrests. Section 25. Be it further enacted, that it shall be lawful for the marshal or any policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer authorized to imprison and confine any person arrested by them in the city prison or in the jail of Cobb County, for a reasonable length of time. It shall be lawful for the marshal or the policeman of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Kennesaw, which violations take place in the presence of the said marshal or policeman. The marshal and policeman of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating any of the criminal laws of this State. The marshal and policeman of this city are also authorized to arrest anywhere within the limits of this State any person or persons charged with violating any of the ordinances of the City of Kennesaw; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policeman are not authorized to arrest the offender outside the corporate limits of said town except in obedience to warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as

Page 2522

hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. Appearance bonds. Section 26. Be it further enacted, that the mayor or the mayor pro tem., when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Kennesaw. Continuances. Forfeiture of bonds. Section 27. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is de novo. They shall have the power, if they find the defendant guilty to decrease the fine imposed by the mayor and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right to certiorari to the Superior Court of Cobb 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

Page 2523

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 to council. Certiorari to superior court. Section 28. Be it further enacted that all persons owning property in the City of Kennesaw 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; and the books for recording same shall be open on January 1st and close on April 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 29. Be it further enacted, that the mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in April, 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 three dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen 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

Page 2524

day of April in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at the fair market value thereof plus 10% of the total of such return as a penalty. Said board of tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or penalty taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident tax payer, with postage prepaid to his last known address shall constitute legal notice to him. Board of tax assessors. Objection to assessment. Section 30. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right 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 of which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and councilmen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, or any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeal to council. Section 31. Be it further enacted, that the mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Property not returned.

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Section 32. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Tax executions. Section 33. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Kennesaw 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, and, bonds and other evidence of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding one dollar on the hundred worth of taxable property; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds that may issue hereafter, by said town authorities and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provision of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. Ad valorem rates. Bonded indebtedness. Section 34. Be it further enacted, that the mayor and council of the City of Kennesaw shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full

Page 2526

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 Kennesaw, and the grading of the same; to open up any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Kennesaw, 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 Kennesaw 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 execution may be issued therefor in such manner as may be prescribed by ordinances. Said mayor and council of the City of Kennesaw shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for sign posts, awning, telegraph, telephone poles, racks and for carrying banners, and bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city has the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets, sidewalks, etc. Obstruction. Section 35. Be it further enacted, that the City of Kennesaw is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules

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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 36. Be it further enacted, that said City of Kennesaw shall also have power and authority to own, operate, and control and regulate for the best interest of the said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility, of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Public utilities. Section 37. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite, or other combustible or explosive material or substances within the limits of said city; and to regulate the use of lights in shops and stables and other places, or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, roman candles, firing of guns, pistols, anvils, and every other kind of gaming or hunting within the corporate limits of said city. Firearms, explosives, etc. Section 38. Be it further enacted, that said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation, whether non-resident 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,

Page 2528

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 fails to comply in full with all requirements of said ordinance made in reference thereto. Registration of businesses. Licenses. Section 39. Be it further enacted, that said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, ten-pin alleys, nine-pin alleys, of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe. Games and amusements. Section 40. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers. Section 41. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty shops, all oil-mills, ice works, laundries, waterworks, all opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealer, immigrant agents, all fire or life insurance companies doing business in said city, traders of all

Page 2529

kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performance exhibiting in said city, and all persons, firms, companies or corporation 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. License and control of other businesses. Section 42. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as town ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Kennesaw, without having first procured such license and complied with all other requirements of said City of Kennesaw, 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 Kennesaw, requiring a license,

Page 2530

prior to May first of any year, the mayor and councilmen shall add the sum of twenty per cent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall, after May first of any year, commence, begin or engage in any business, within the City of Kennesaw, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty per cent (20%) penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification of all businesses, and 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. Amount of licenses. Penalties. Section 43. Be it enacted that the mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Kennesaw, and in such case such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm, or corporation an opportunity to be heard on the question before said mayor and councilmen, the said notice setting forth the time and place of the hearing on the revocation of such license. At the 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 revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license shall be final. Revocation of license. Section 44. 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

Page 2531

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. Section 45. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove or to cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lances, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Condemnation for streets, sidewalks, etc. Section 46. Be it further enacted, that the City of Kennesaw, by and through its mayor and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Kennesaw, and to improve any street, sidewalk, avenue, alley, land 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 propertions hereinafter set forth. Street and sidewalk improvements. Section 47. Be it further enacted, that the total cost of

Page 2532

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. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment be deemed considered as abutting on corner lots or tracts. Assessments for sidewalk improvements. Section 48. Be it further enacted, that the total cost of grading, paving, repaving or otherwise improving any street, 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, 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 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. Assessments for street improvements. Intersections. Section 49. Be it further enacted, that said mayor and council of said City of Kennesaw 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 under the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to

Page 2533

be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and make a part of the general assessment to cover the cost of such improvement and shall be taxes against the owners of such abutting property. Water, gas, sewer connections. Section 50. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alley, lanes, avenues or other public placed directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Section 51. Be it further enacted, that said City of Kennesaw by and through its mayor and council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed thereof as is required by this Act for the paving of streets, alleys, or other public places: It shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues, or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of the Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Authorization of sidewalk improvements. Section 52. Be it further enacted, that no street, avenue,

Page 2534

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. Authorization of street improvements. Section 53. 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 petitioners counted. Section 54. Be it further enacted, that the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said county which has a general circulation therein, in which the advertisements for sheriff's sales in Cobb 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 ordinances. Said meeting may be held at the time for the regular monthly meeting of

Page 2535

said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof, may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement in any property owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said mayor and council shall have the right to order such paving, repaving, or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the mayor and council shall deem best they shall cause said improvements to be made. Advertisement. Objections. Ordinance. Section 55. Be it further enacted, that said mayor and council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contracts and the provisions thereof; and the said mayor and council shall by ordinance provide that the contracts shall execute to the City of Kennesaw a good and sufficient bond in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Kennesaw 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

Page 2536

ordinance equal to at least twenty-five per cent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion or both, in the discretion of the said mayor and council. Said ordinance shall also direct the mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where the sealed proposals shall be filed and when and where the same will be considered by the mayor and council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said County of Cobb. The right is hereby expressly granted to the City of Kennesaw to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contracts for improvements. Notice. Bids. Section 56. Be it further enacted, that as soon as the said contract is let, and the cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts or land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report

Page 2537

of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane or other public place so improved. When said report shall have been returned and filed and the said mayor and council for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said 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 said Cobb County and said notice shall provide for inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said engineer or committee or as corrected by said mayor and council. The said mayor and council shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment against any other abutting owner. Appraisal and apportionment of cost. Objections. Lien. Section 57. Be it further enacted, that after the adoption of the ordinance provided for in Section Fifty-six of this Act a written statement shall be furnished by the clerk of the said City

Page 2538

of Kennesaw to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its pro-rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm, or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such owners or agent is a non-resident of said city it will be sufficient service if said notice or statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Notice of assessment. Section 58. Be it further enacted, that any person or persons, company or corporation shall fail or refuse to pay to the clerk of said City of Kennesaw his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste 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 or city taxes the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the

Page 2539

owner as is prescribed by the Code of Georgia of 1933 have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Kennesaw shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions. Levy and sale. Section 59. Be it further enacted, that the marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer, and the town shall allow the use of its machinery of government for the collection of said executions. Assignment of executions. Section 60. 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 Cobb County, Georgia, under the general registration laws of this State. Notice of lien. Section 61. Be it further enacted, that any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued (or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement began legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms

Page 2540

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 the 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 Cobb County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the superior courts in this State. In the event any special assessment shall be found to be invalid insufficient, in whole or in part, for any reason whatsoever, the mayor and council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Affidavit of illegality. Section 62. Be it further enacted, that whenever the abutting landowners of any street, avenue, alley, lane, or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of said streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for; if Cobb County is the owner, the Commissioner of Roads and Revenue of said Cobb County, is authorized to on behalf of the county, and where the City of Kennesaw is the owner, the mayor of said town is authorized to sign for and in behalf of the said city. Where State or political subdivision owner of abutting property. Section 63. Be it further enacted, that the mayor and council of the City of Kennesaw 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 for the expense of paving, repaving,

Page 2541

improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would 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 these purposes shall be used for no other purpose whatever. Bonds. Section 64. Be it further enacted, that if said mayor and council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessment against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven per cent per annum until paid. Installment payment of assessments. Section 65. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that upon the whole, shall be due and payable on the first day of September next succeeding the passage of said

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ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty 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 Kennesaw. When installments due. Section 66. 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 58 thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessment in installments. Lien. Section 67. 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, lanes, alleys, or other public places so improved or reimproved shall be paid in ten equal installments, the said mayor and council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance

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levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability of the mayor and council or the City of Kennesaw issuing the same. One-tenth in the amount of any such series of bonds, with the interest upon the whole series date, shall be payable on the fifteenth day of October next succeeding year until all shall be paid. Such bonds shall bear interest at rate not exceeding six per cent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, insofar as said bonds will apply on such amount so due. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose, and certificates or registration by said clerk shall be endorsed upon each of said bonds. Street improvement bonds. 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 improvement of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 67 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the

Page 2544

several installments become due, together with interest thereon, to the treasurer of the City of Kennesaw, 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 an installment of such assessment, to publish in one issue of a weekly newspaper having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of such installments or assessments and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or persons owning the same, for the amount of such assessment with interest and shall turn over the same to the marshal or chief of police of the City of Kennesaw 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 installments. Levy and sale. Section 69. Be it further enacted, that if the said City of Kennesaw has in its treasury a sufficient amount of money to pay for any expense for which said city is liable for the paving, repaving or otherwise improving of any streets, lanes, alleys,

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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 share. Section 70. Be it further enacted, that nothing herein contained shall be construed to prevent the mayor and councilmen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-401-434, both and all inclusive, of the Code of Georgia of 1933, referring to Street Improvements in municipalities having a population of 600 or more, in the event such provisions shall be adopted by said city, after an election duly held, approving the same, in accordance with the provisions of said Chapter 69-4, and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets, and sidewalks in said City of Kennesaw may be improved in accordance with the provisions outlined in said Chapter 69-4, and if said Act is approved by such election, then the procedure outlined in the preceding sections of this charter for the improvement of streets shall be completely disregarded, and the provisions of said Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvement of streets and sidewalks in said city. Code provisions alternative. Section 71. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation

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of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by the said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage, sanitation. Section 72. Be it further enacted, that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment of tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Easements for sewers. Section 73. 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. Section 74. Be it further enacted, that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance for such sewerage system and the taking of property therefor shall apply to

Page 2547

the territory without the limits of said city as may be necessary for the construction of said system. Sewerage and drainage systems beyond city limits. Section 75. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitation assessments. Section 76. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Kennesaw are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage 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

Page 2548

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 beyond city limits. Section 77. Be it further enacted, that the mayor and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the town for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, all proceedings shall be under the provisions of Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Condemnation of property. Section 78. Be it further enacted, that said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, waterclosets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of waterclosets 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 waterclosets and urinals on the premises of property owners with the sanitary system of the city, when 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 waterclosets or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connections and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said

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city, and to order the owner thereof to remove same, and if said owner should fail to remove same, and if said owner should fail to remove same after having been given reasonable notice to do so 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. Water closets, urinals, etc. Outdoor toilets. Section 79. Be it further enacted, that the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning such property upon which same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Section 80. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said mayor and councilmen

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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. Lots, cellars, drainage, etc. Section 81. Be it further enacted, that said mayor and councilmen, may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 82. Be it further enacted, that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen may have full power and authority to abate as a nuisance any place in town when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance as above 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 such person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 83. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Kennesaw and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority

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to order changes in the construction of chimneys, stovepipes, or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire prevention. Section 84. 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 pesthouse outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pesthouse of any person or persons who have small pox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners and may provide vaccination points and employ physicians, at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health regulations. Section 85. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper order. Churches and cemeteries. Section 86. Be it further enacted, that the mayor and councilmen of said city, shall have the power to grant franchises,

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easements, and right of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city. Franchises, easements. Section 87. 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. Arrest of fugitives. Section 88. Be it further enacted that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee, or mayor and councilmen conducting said examination shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of city affairs. Section 89. Be it further enacted, that the mayor and councilmen shall have the power and authority to establish a fee bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees of officers. Section 90. Be it further enacted that the mayor and councilmen may provide for a town prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Cobb County for the use of the common jail of said county for this purpose. Prisoners. Section 91. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewdness

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and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and this end may enact such ordinances and provide such penalties as they think advisable to carry out the granted in this section. Sabbath and other regulations. Section 92. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. House of ill fame etc. Section 93. Be it further enacted, that all executions in favor of the City of Kennesaw for the enforcement and collections of any fine, forfeiture, assessments, taxes, or other claim, demand, or debt, shall be issued by the clerk and bear 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 may be returnable to the mayor and councilmen of the City of Kennesaw at least within ninety days after the issuing of the same; and it shall be the duty of the marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriff's sales or real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sales and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax, deed, plus a premium of 10 per cent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the

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purchaser at any time within 12 months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has sold for taxes due the City of Kennesaw and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Section 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the City of Kennesaw, 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 Kennesaw. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. General provisions as to executions. Levy and sale. Redemption. City's purchase. Execution docket. Section 94. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trial for violations of the city ordinances and laws of this State, and the procedure in such trials, nothing in this section shall operate to repeal the ordinances of the City of Kennesaw, now in force prescribing

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the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Accusations, affidavits, warrants, Section 95. Be it further enacted, that said mayor and councilmen of the City of Kennesaw, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw the ordinary expense fund of said city for said purpose. Parks. Section 96. Be it further enacted, that the mayor and councilmen of the City of Kennesaw, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 97. Be it further enacted, that the mayor and councilmen of the City of Kennesaw may require and compel all male persons between the ages of eighteen and fifty who have resided in the City of Kennesaw as long as thirty days, except those who are exempt in Section 98 of this Act, to work upon the streets of said City of Kennesaw 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 three dollars ($3.00) in any one year as said mayor

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and council may determine by ordinance. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined by a sum not exceeding fifteen dollars or imprisoned in the town prison or by labor on the 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. Section 98. 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 97 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. Section 99. Be it further enacted, that the Mayor and Councilmen of the City of Kennesaw 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

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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 and welfare powers. Section 100. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of, and to prevent reckless and negligent use or operation of, such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 101. 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 102. Be it further enacted, that in case the mayor and/or councilman while in office shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment. Section 103. 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 104. 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

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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 105. Be it further enacted, that the mayor and councilmen of said city shall cause to be codified all ordinances of said City of Kennesaw, together with this Act into one book to be known as The Code of the City of Kennesaw, 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 Cobb County, Georgia for recording deeds. Said mayor and councilmen shall, no later than the first regular meeting of the mayor and councilmen to be in July, 1950 pass and adopt such code, as the code of the City of Kennesaw; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the clerk of said City of Kennesaw, certifying the same to be the code of ordinances and laws of said town. City code. Section 106. Be it further enacted, that said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said town unless such building permit is first obtained prior to the erection of such buildings, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 107. Be it further enacted, that the mayor and councilmen of said City of Kennesaw shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights of way for any electric light, water supply gas or sewer line, or sewerage disposal plant, for sites for the buildings or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage

Page 2559

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 council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Condemnation of property. Section 108. Be it further enacted that the mayor and councilmen of the City of Kennesaw shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit; for purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining water-works, water supply system and gas systems and services and electric light system; for laying water-mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and 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. Bond issues. Section 109. Be it further enacted, that, before any proceeding toward the issuing of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Section 110. Be it further enacted, that before any bond of said city shall be issued for any of the purposes named in Section 108 of this charter, the mayor and councilmen of said city shall,

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by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the beforesaid purposes, as deemed expedient by said mayor and councilmen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said mayor and councilmen as hereinbefore provided, then and in such event said city's mayor and councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide 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 elections. Section 111. Be it further enacted, that whenever any bonds are issued by said town, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 111a. Be it further enacted, that said city shall have the power and authority to provide for the initial construction and installatin of a water system and sewerage system, to provide for the financing either by the issuance of bonds, revenue

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certificates or otherwise; and shall have the authority to initially construct, maintain and operate the same by the issuance of bonds, revenue certificates, or otherwise. Water system, sewerage system. Section 112. Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 113. Be it further enacted, that said town, by and through its mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue-producing projects. Section 114. Be it further enacted, that all ardinances heretofore adopted by the mayor and council of the City of Kennesaw, 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 Kennesaw may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 115. Be it further amended, that all Acts of the General Assembly of Georgia heretofore passed, incorporating the City of Kennesaw, and all amendments thereto and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Former Acts. Section 116. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell

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any property belonging to said town and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following 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 to the city, and that it is expedient and beneficial to the city that same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisment of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Sale of city property. Section 117. All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia, 1933. Section 118. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Kennesaw 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 not to exceed the said authority of the General Assembly. If part invalid. Section 119. Be it further enacted, that the provisions of this charter shall become effective and in full force immediately upon the passage of the same and upon approval of the Governor, excepting so much as relates to the election and compensation of the mayor and councilmen, which shall become effective for the term of office beginning January 1, 1951, and excepting where

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another definite date is provided herein for any act hereby authorized. Effective date. Section 120. That all laws and parts of laws in conflict with this Act are hereby repealed. Section 121. 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. State of Georgia, Cobb County. Before me, the undersigned officer authorized by law to administer oaths, personally appeared H. S. Willingham, who, being duly sworn, deposes and says that the attached affidavit of the general manager of the Cobb County Times contains a copy of a notice entitled Notice of local bill which is a true and correct copy of the notice of intention to apply for the passage of the attached and foregoing bill, which notice of intention deponent caused to be published as provided by Article III, Section VI, Paragraph XV of the Constitution of the State of Georgia; and deponent further deposes and says that said notice of intention has been published as provided by law. (s) H. S. Willingham H. S. Willingham Sworn to and subscribed to before me, this 27th day of January, 1950. (s) Thelma D. Myers (seal) Notary Public, Cobb County, Ga. My commission expires Sept. 14, 1952. Affidavit of Publisher. Cobb County, State of Georgia. Before me, an officer authorized to administer oaths, came Edmund C. Hughes, general manager of the Cobb County Times, who deposes and says that the following and attached notice of intent to apply for passage of a local bill to consolidate and revise the charter of the Town of Kennesaw, in Cobb County, Georgia, and for other purposes, was published in the Cobb

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County Times in its editions of December 15, 22, and 29, 1949. Georgia, Cobb County. Notice is hereby given that application will be made in the next session of the General Assembly of Georgia for the passage of the following bill: A bill to consolidate and revise charter on the town of Kennesaw and for other purposes. This 13th day of December, 1949. J. D. Hilderbrand, Mayor of Kennesaw, Cobb County, Ga. Deponent further says that the Cobb County Times is a newspaper of general circulation in Cobb County, Georgia, is published weekly and is the newspaper in which the Sheriff's notices are published. This 27th day of January, 1950. (c) Edmund C. Hughes Edmund C. Hughes, General Manager Cobb County Times Subscribed to and sworn to before me, a notary public, this 27th day of January, 1950. (s) Thelma D. Myers (seal) Notary Public, Cobb County, Georgia My com. expires Sept. 14, 1952. Approved February 16, 1950. DOUGLAS COUNTY COMMISSIONERSAMENDMENTS. No. 693 (Senate Bill No. 237). An Act to create a Board of Commissioners of Roads and Revenues for Douglas County; to provide for the election of the members; to provide for salaries; to provide for a clerk; to provide for powers and duties; to make certain provisions

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concerning 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 I. That there is hereby created a Board of Commissioners of Roads and Revenues for Douglas County to consist of three members. Board created. Section II. That in order to be eligible to serve on said board such person shall have resided in Douglas County for a period of five years and shall be qualified to vote for members of the General Assembly. Who eligible. Section III. That the first election for members of said board shall be held in 1952 and the terms of the members elected at that time shall begin January 1, 1953. The members shall be elected at the same time as members of the General Assembly are elected and in the same manner as county officers are elected. The terms of the members shall be two years. Election and terms. Section IV. That for the purposes of electing such members the County of Douglas shall be divided into two commissioner's districts. One district shall be composed of the militia districts of Douglasville, Connors and Lithia Springs and shall be known as Commissioner District No. 1. The other district shall be composed of the militia districts of Chapel Hill, Chestnut Log, Fair-Play Crumbies and Middle and shall be known as Commissioner District No. 2. One member shall be elected from District No. 1 and shall be a resident of said district and shall be voted upon only by the voters of said district. One member shall be elected from District No. 2 and shall be a resident of said district and shall be voted upon only by the voters of said district. The remaining member shall be elected from the county at large and shall be voted upon by the voters of the entire county. This member shall be the chairman of said board and when qualifying shall signify that he is a candidate for chairman of the Board of Commissioners of Roads and Revenues for Douglas County. Districts. Election by districts. Section V. That no successors shall be elected to fill the offices of the five members of the present nine-member board whose terms expire December 31, 1950. The remaining four members

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of the present board shall serve until the expiration of their terms on December 31, 1952. These four members shall elect a chairman and should a tie vote occur, then the first session of the grand jury in 1951, shall be entitled to elect the chairman. Incumbents. Section VI. That before entering upon the discharge of their duties, the members shall subscribe to the oath required by law for county officers before the ordinary of said county and shall give bond with good security in the amount of ten thousand dollars ($10,000.00) conditioned for the faithful performance of their duties as members of said board. Said bond shall be approved by the ordinary of said county and made payable to the ordinary of said county for the use and benefit of said county. The premium on said bond shall be paid out of the general funds of Douglas County. Bonds. Section VII. That the compensation of the chairman of said board shall be fixed by the other two members which will not be less than two thousand ($2,000.00) dollars and not to exceed twenty-five hundred dollars ($2,500.00) per annum which shall be paid monthly out of the general funds of said county. The chairman shall be required to devote his full time to the duties of his office. The other two members of said board shall be compensated in the amount of four hundred ($400.00) dollars per annum which shall be paid monthly out of the general funds of said county. Compensation. Section VIII. That said board shall hire a clerk and fix compensation therefor not to exceed one thousand dollars ($1,000.00) per annum to be paid monthly out of the general funds of said county and it shall be his duty to attend all meetings of said board and to keep a correct record of the same; to prepare all warrants for the payment of funds, and keep a record thereof; and to perform such other duties as may from time to time be prescribed by said board. Clerk. Section IX. That said board shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county according to law; in levying taxes according to law; in supervising tax commissioner's books and allowing insolvent lists of said county, and he shall have the right to inspect, or have inspected any office and records of any county officer at any time, having authority to employ

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a competent person or firm to do said work and to fix reasonable compensation therefor; in settling all claims against the county, examining and auditing all claims and accounts of officers having care, management, keeping, collecting or disbursement of any money belonging to the county or appropriated for its use or benefit and bring them to settlement; in making rules and regulations for the support of the poor of said county, and for the promotion of health; in electing and appointing all officers of said county where election is not otherwise provided by law; in regulating peddling, and to have and exercise all the powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law, or are indispensable to the jurisdiction of said board over all county matters and finances. Powers and duties of board. Section X. That it shall be the duty of the board to prepare and submit to the first session of the grand jury each year a full and complete statement of the finances of the county and said statement shall be made and submitted in such a manner and form that any taxpayer of the county may readily see and be advised of the costs of the county government in every branch thereof, which statement shall be subscribed and sworn to by the chairman of the board. Said statement shall be published annually in the official organ of Douglas County. Statement of finances. Section XI. That the board shall meet on the first Tuesday of each month and the chairman is hereby authorized to call special meetings when in his discretion he deems it necessary. Meetings. Section XII. That should a vacancy occur on said board for any reason whatsoever, the ordinary of said county is hereby authorized to appoint a successor to fill the unexpired term. Vacancies. Section XIII. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950. Copies of notice attached to enrolled copy.

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DOUGLAS COUNTY COMMISSIONERSREFERENDUM. No. 697 (Senate Bill No. 236). An Act to repeal an Act creating the nine-member Board of Commissioners of Roads and Revenues for Douglas County, approved December 22, 1937 (Ga. Laws 1937-38, Ex. Sess., page 803) as amended; to provide for a referendum; 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 an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Douglas; to provide for division of the county into road districts, to provide for election of members of said board; to fix qualifications of members of said board; to define the powers and duties of said board; to designate members of said board to serve until election in the manner provided herein; and for other purposes, approved December 22, 1937 (Ga. Laws 1937-38, Ex. Sess., page 803) as amended, is hereby repealed in its entirety and the Board of Commissioners of Roads and Revenues created thereunder is hereby abolished. Act of 1937 repealed. Section II. That before this Act shall become effective it shall be submitted to the qualified voters of Douglas County for approval or disapproval. It shall be the duty of the ordinary to issue a call for an election within thirty days after the passage of this Act and the date of such election shall be fixed not less than forty-five nor more than sixty days after the passage of this Act. All persons qualified to vote for members of the General Assembly from Douglas County shall be entitled to vote in such election. Those persons desiring to vote for the approval of this Act shall have printed on their ballots the following: For approval of the Act abolishing the present Board of Commissioners of Roads and Revenues of Douglas County. Those persons desiring to vote against the approval of this Act shall have printed on their ballots the following. Against approval of the Act abolishing the present Board of Commissioners of Roads and Revenues of Douglas County. If a majority of those voting in said election vote for the approval of this Act then it shall become of full force and effect. If a majority of those voting

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vote against the approval of this Act, then it shall be void and of no effect. The returns of said election shall be consolidated by the ordinary and he shall declare the result thereof immediately thereafter. Referendum. Section III. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 16, 1950. Copy of notice attached to enrolled copy. EAST POINT CHARTER AMENDMENTS. No. 699 (House Bill No. 991). An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. The word six at the end of the second line of Section 3 of the Act establishing a new charter for the City of East Point, approved August 19, 1912 (Ga. Laws 1912, p. 865) is hereby stricken and the word eight substituted in lieu thereof so that, as amended, said section shall provide that the municipal government of said City of East Point shall be vested in a mayor and eight aldermen. Sec. 3. Act of 1912, amended. Section 2. The word six in the first line of the fourth section of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 866), is stricken and the word eight inserted in lieu thereof, so that said section, as amended, will provide that the mayor and eight aldermen of the City of East Point shall collectively be known as City Council of East Point. Sec. 4 amended. Section 3. The word three in the fifth line of Section 4 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 866), is hereby stricken and the word four inserted in lieu thereof, so that as

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amended said section shall provide for the election of four aldermen instead of three aldermen in each year. Sec. 4 amended. Election of aldermen. Section 4. The word three in the seventeenth line of Section 4 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 866), is hereby stricken and the word five inserted in lieu thereof, so that as amended said section shall provide that the mayor and five aldermen shall constitute a quorum. Sec. 4 amended. Quorum. Section 5. The two words freeholders appearing in the fourteenth line of Section 6 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 868), are hereby stricken and the word citizens inserted in lieu thereof, so that as amended said section shall provide that all municipal elections shall be held by a justice of the peace and two citizens, or by three citizens. Sec. 6 amended. Elections. Section 6. Section 8 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 869), is hereby repealed and the following enacted in lieu thereof: Be it further enacted, that the city council shall appoint three citizens of said city, or a justice of the peace and two citizens of said city, who shall be registered voters therein, to manage said elections at each election precinct. It shall be the duty of said managers to receive, count and verify the votes polled and to make return thereof to the first regular or called meeting of the city council. Each of said managers before entering on his duties shall take and subscribe the following oath before some officer authorized by law to administer oaths: New Sec. 8. Election managers. `I do solemnly swear that I will faithfully, fairly, and impartially conduct the election for which I am appointed manager, and will not knowingly prevent anyone from voting who is legally entitled to vote, but will allow no one to vote who is not justly entitled to do so, to the best of my ability and power. So help me God!' Section 7. The two words freeholders appearing in the third line of Section 10 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 870), are hereby stricken and the word citizens inserted in

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lieu thereof, so that as amended said section shall provide that elections held under and pursuant to the provisions of the charter of the City of East Point shall be held by a justice of the peace and two citizens or by three citizens of said city appointed by the mayor and council. Sec. 10 amended. Section 8. Section 10 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 870) providing for the manner of holding elections in the City of East Point, is hereby amended by adding at the end of said Section 10 the following words: Sec. 10 amended. Provided, that in each election said election managers shall immediately after counting and tabulating the votes in their respective election precincts make out a duplicate certificate of the results of said election, which duplicate certificate of said results together with all of the original ballots cast in each precinct shall be sealed and safely locked in the ballot box or boxes and immediately transmitted by the managers in charge thereof to the city clerk of said city whose duty it shall be to securely and safely keep the same locked in the vault of said city 30 days and until thereafter publicly destroyed under the immediate and personal supervision of the mayor and at least one alderman from each ward of said city and the city clerk; provided, that said ballot boxes shall be subject to be opened and said ballots examined and counted by one representative of each contesting candidate, and one representative of each opponents in the presence of and under the supervision of the City Council of East Point, or by the managers of the contested election in charge of the keys to said boxes, and in the presence of the city clerk, at any time on five days' notice in writing to all interested persons or candidates, or by and in the presence of the grand jury; provided, that the keys to the ballot boxes shall be retained by the election manager selected in each precinct by a majority of the election managers in that precinct. Election contests may be filed at any time within five (5) days after the results of such election have been received and declared by the City Council of East Point, but not thereafter. The only formality required to contest an election shall be a simple written notice to the city clerk setting forth why the election is contested, and a copy of such notice shall immediately be served on the opposite party by the chief of police. Election results. Contests.

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Section 9. The word four in the sixteenth line of Section 14 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 871, 872), is hereby stricken, and the word five inserted in lieu thereof, so that as amended said section shall provide that when the mayor shall veto any ordinance or resolution the same shall not become a law unless subsequently passed over his veto by at least five councilmen. Sec. 14 amended. Mayor's veto. Section 10. There is hereby added at the end of Section 28 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 880), the following sentence: Sec. 28 amended. All regular meetings of committees of the City Council of East Point shall be held at the city hall at 7:30 o'clock p. m. on the Thursday immediately preceding each regular council meeting, but not action of any committee of the City Council of East Point shall be of any force or effect unless nor until the same is reduced to writing and signed by a majority of the members of such committee and filed with the city clerk, whose duty it shall be to preserve and lay all committee reports before the City Council of East Point at the next regular meeting thereof; provided, that by unanimous consent of the City Council of East Point entered on the minutes thereof the decision of any committee of the City Council of East Point may take effect and be put into force immediately; provided, however, such action shall be reduced to writing, signed and filed with the city clerk and laid before the next regular meeting of the City Council of East Point in all cases. The regular meeting place of the City Council of East Point shall be in the city council chamber in said city except where provision by ordinance is made for meeting elsewhere in said city and reasonable notice thereof given as may be provided for by ordinance. Committees of council Meeting place. Section 11. There is hereby added at the end of Section 38 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 886), the following: Sec. 38 amended. The rules of evidence which apply in a justice court shall prevail as far as practicable in all hearings and trials before the

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recorder's court of East Point, the City Council of East Point, any committee of the City Council of East Point, and before any and all of the boards, bureaus, commissions, officers, and/or authorities of said city authorized or empowered to hold a hearing on any matter where the power or function is either legislative, executive, judicial or ministerial in nature. Evidence, recorder's court, boards, etc. Section 12. There is hereby added at the end of Section 42 of the Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 888, 891), as heretofore amended, the following: Sec. 42 amended. Before the City Council of East Point reaches any final decision to make any street, sidewalk, sewer or other improvements at the expense of any abutting real estate and owners thereof, ten days' written or printed notice to such abutting property owners of the time and place at which the City Council of East Point will hear objections of any objecting abutting property owner shall be mailed to the name of each person appearing on the tax records of said city to be an abutting property owner, at the street and post office address of such person appearing on said tax records of said city, and a copy of such notice shall be published in the official organ of said city at least ten (10) days before such meeting, and this shall be sufficient notice and service thereof. Objections to improvement assessments. Section 13. There is hereby added at the end of Section 3 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 865, 866), the following: Sec. 3 amended. Said City Council of East Point shall have power and authority to provide by ordinance that each day during which a violation of an ordinance of said city shall continue may be classified and treated as a separate and distinct offense, and punishable as such, and the recorder of said city shall have power and authority to impose fines and penalties on repeater offenders in excess of those prescribed by ordinance of said city but within charter limitations as punishment for repeating the same offense, and for each repetition of the same offense the court may increase the punishment imposed in the discretion of the recorder. Violation of city ordinance.

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Section 14. Section 21 of said Act establishing a new charter for the City of East Point, approved August 19, 1912 (Ga. Laws 1912, p. 875), is hereby repealed, so that from the passage and approval of this Act there shall be no sinking fund commission of the City of East Point. Sec. 21 repealed. Sinking fund commission. Section 15. There is hereby added at the end of Section 14 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 871, 872), as amended, the following: Sec. 14 amended. The bond of the clerk-treasurer of the City of East Point shall be approved by the City Council of East Point and shall be deposited with the mayor of said city who shall be the official custodian thereof. Clerk: treasurer's bond. Section 16. There is hereby added at the end of Section 18 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 873, 874), as amended, the following: Sec. 18 amended. Police officers of said city shall have the power and authority to effect an arrest anywhere within the State of Georgia for an offense against the ordinances or laws of said city committed within said city or without the limits of said city if the results of said violations are evidenced by conditions created or continued within said city, or if the violation of a penal ordinance within the limits of said city is caused by someone without the limits of said city such person causing such violation shall be subject to arrest by East Point policemen anywhere in Georgia. Arrests. Section 17. There is hereby added at the end of Section 67, as amended, of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 905, 906), the following: Sec. 67 amended. Any person against whom any sewer assessment or any other public improvement assessment is made shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued is due, and stating what amount he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Fulton County, and there tried and the issue determined, as in case of

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illegalities, subject to all the penalties provided by law in cases where illegality is filed for delay only, so that persons against whom sewer assessments or any other public improvement assessment are made shall have the same right and remedies for contesting the validity and justness thereof that is given abutting property owners to contest the justness and validity of a street or sidewalk assessment under Section 42 of said Act establishing a new charter for the City of East Point. Affidavits of illegality. Sewer and other improvement assessments. Section 18. The last paragraph of Section 42 of an Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, pp. 888, 891), appearing on page 891 of said Georgia Laws of 1912 as amended by Section 1 of an Act approved August 20, 1917, (Ga. Laws 1917, pp. 668, 669), is repealed in its entirety and the following inserted in lieu thereof, to wit: Whenever any street, sidewalk, sewer or curbing or other improvement shall be authorized or laid by the City of East Point pursuant to an ordinance providing for the cost or any part thereof of such improvement to be assessed against the abutting real estate and the owners thereof the abutting property owners shall be allowed to pay for the same as follows: One-fourth cash and the balance in four equal annual installments with interest on said deferred installments at the rate of seven per cent (7%) per annum; provided, that the City Council of East Point may provide, in its discretion, in the ordinance providing for the assessment of said cost to be paid one-fourth cash and the balance in any number of equal annual installments during a period not exceeding four years. The city shall have a lien on the abutting property to secure said payments, and the City of East Point shall have the right to sell and transfer all such liens and claims to third parties, who shall be protected by the same lien and right as the city has and holds against abutting property and the owners thereof. Nothing in this section shall be construed to deprive the property owner of the right of paying for said improvement in cash at the completion of the work if he desires to do so. New Sec. 42. Installment payment of assessments. Section 19. There is hereby added to Section 19 of said Act establishing a new charter for the City of East Point, approved

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August 19, 1912, (Ga. Laws 1912, p. 874), as amended, the following: Sec. 19 amended. Provided, that no prosecution shall be commenced in the recorder's court of said city for any offense after the expiration of two (2) years from the date said city has notice of said offense; provided, further, that the city attorney of said city shall represent said City of East Point in any case when so directed by the City Council of East Point or by the mayor of said city. Limitation, trial of offenses in recorder's court. Section 20. There is hereby added at the end of Section 36 of the Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws, 1912, p. 885), as amended, the following: Sec. 36 amended. Upon conviction of any corporate defendant of any offense or contempt punishable by imposition of a fine by the recorder's court of said city or by any other body of said city the payment of such fines and costs assessed against such corporate defendant may be enforced by execution issued against such corporate defendant by the city clerk or clerk of said court, which said execution may issue at once and shall issue at the expiration of four (4) days from the date of said conviction, if not before, and shall be thereupon delivered by said clerk to the city marshal or his lawful deputy for immediate levy and sale, which execution and the levy and sale thereunder shall conform as nearly as practicable to the form and procedure applicable to tax sales under tax executions of said city. Corporate defendants in recorder's court. Section 21. There is hereby added at the end of Section 29 of said Act establishing a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912), pp. 880, 881), as amended, the following: Sec. 29 amended. He shall, within ten (10) days from the date any ordinance becomes of force, deliver a certified copy thereof to each of the following officers of said city: city recorder, chief of police, and the city attorney; and he shall within ten (10) days after the same becomes effective deliver to the head of each department of said city a certified copy of each and every ordinance hereafter adopted substantially relating to such department; and it shall be the duty of each department head furnished by said city clerk with a certified copy of an ordinance to safely keep, classify,

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alphabetically index, and arrange the same in his office where ready reference may be made to the same without undue delay; provided, that more than one certified copy shall not be delivered to the head of any department by reason of the fact that such department head is also the head of some other department of said city. Certified copies of ordinances. Section 22. Section 12 of an Act approved March 24, 1939, (Ga. Laws, 1939, p. 1018 et. seq.), amending said Act creating a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof, providing that three (3) days' notice to city employees of the time and place of hearing of charges against them before the City Council of East Point or any committee thereof shall be deemed reasonable, is amended by repealing said section in its entirety and by substituting in lieu thereof the following: Sec. 12, Act of 1939, amended. Notice to all officers or employees of said City of East Point of the time and place of hearing of charges against them before the City Council of East Point or any committee thereof with a brief statement of the charges shall be deemed reasonable if served three (3) days before the date of the hearing. Likewise, notice to any other person of the time and place of any hearing on any question or matter with a brief statement of the question, subject or subject matter or cause for such hearing before the city council or any committee thereof, the recorder's court, or any board, bureau, commission, committee, authority or officer of said city authorized to conduct a hearing, shall likewise be deemed reasonable if served three (3) days before the date of such hearing except where expressly provided otherwise by law. On any and all such hearings, except the trial of one accused of an offense in the recorder's court of said city, persons notified shall be subject to cross-examination touching all matters which may be material, pertinent or relevant to the charges or statement thereof, and this shall be true when officers or employees of said city are charged with conduct unbecoming their office or station, or when such officers or employees are called to show cause why they should not be suspended, demoted or discharged or disciplined, and in cases where persons are cited in nuisance abatement proceedings. Hearings before council, boards, etc. Section 23. The City Council of East Point shall have power

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and authority to remain in session from day to day by unanimous consent when its business requires it, and it may adjourn to a future day and hour by unanimous consent when it deems it expedient and in the public interest to do so, but not without consent of the entire membership of the City Council of East Point. Sessions of council. Section 24. The City Council of East Point shall have power and authority to authorize the chief of police of said city to appoint special police officers for such special and temporary duties as may be prescribed by ordinance of said city, which special temporary police officers shall be subject to be removed and discharged at any time by said chief of police or the City Council of East Point, the term of office of such special temporary policeman being at the pleasure of the City Council of East Point, and not subject to civil service rules and regulations, nor entitled to serve during good behavior and efficient service. The compensation, if any, for such special temporary police officers shall be subject to the approval of the City Council of East Point, but no compensation shall be allowed or paid by said city except in cases where provided for in advance of such appointment, and then only for so long as may be required by the City Council of East Point, any charter or ordinance provision with reference to serving any indefinite term or for and during good behavior and efficient service to the contrary notwithstanding. Police officers. Section 25. Section 71 of the Act creating a new charter for the City of East Point, approved August 19, 1912, (Ga. Laws 1912, p. 908), as amended is hereby further amended by adding at the end of said section the following: Sec. 71 amended. Said City of East Point is granted the further power and authority to acquire by exercise of the power of eminent domain the rights to construct, operate and maintain water and sewer lines, pipes, manholes, catch-basins and appurtenances and electric lines, poles and appurtenances, and to lay out, open, widen, straighten, extend, repair, elevate, lower and improve streets, lanes, sidewalks, alleys, and ways on, in, across, along, through, under and over any and all private and public property including private and public property already devoted to public uses, and especially property devoted to the use of such transportation, communications and utility companies as railroad, express,

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telephone, telegraph, electric, gas, streets railway, trackless trolley and/or any others having the right to acquire private property by exercise of the power of eminent domain or any similar power. It shall likewise have this power for the purpose of acquiring any other property for any public purpose, building or improvement. Eminent domain. Section 26. The city shall pay from its treasury the entire cost of paving or otherwise improving the intersection of all public streets and public alleys where said intersecting streets and alleys both cross and extend beyond such intersection. Said city shall pay only two thirds of the cost of paving or otherwise improving the intersections of public streets and public alleys where said intersection is a dead end of one of said intersecting streets or alleys which does not cross or extend beyond the other intersecting street or alley. Paving costs. Section 27. The City Council of East Point shall not appropriate in any calendar year any amount in excess of the anticipated revenues for said calendar year, which anticipation shall be by resolution adopted in January of each year finding and declaring what is the anticipated revenue for said calendar year; nor shall any amount ever be appropriated for or spent in any department of said city in any calendar year in excess of the amount set up in an annual budget for such department except by unanimous consent of the City Council of East Point in cases of extreme necessity. Said annual budget shall be adopted in January of each year, and shall set forth the amounts of money said city reasonably expects to spend in each department of said city for the current calendar year. Said budget shall never in any case exceed the anticipated revenue for the calendar year for which said budget is provided, nor shall any officer or employee of said city incur any debt or obligation on behalf of said city for anything except when such debt or obligation has been provided for in the annual budget adopted for the year in which such debt or obligation is incurred; provided, that all annual budgets shall provide for all necessary usual and ordinary expense of said city from January 15th of each year to January 15th of the following calendar year; provided further, that if no budget be adopted in January of any calendar year the budget for the previous calendar year shall be and become the budget for the calendar year in which no budget is formally

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adopted by the city council; provided further, that the adoption of a budget shall require the affirmative vote of at least six aldermen at a regular or called meeting of the City Council of East Point. Appropriations Annual budget. Section 28. Notice of intention of the City of East Point to apply for this local legislation was published three (3) times in Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the General Assembly of this State, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of the State of Georgia. Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 7th day of November, 1949, and once each week thereafter for 11 consecutive weeks as provided by law. A. M. Kempton. Subscribed and sworn to before me this 26th day of January, 1950. Bessie K. Crowell, Notary Public, Fulton County, Georgia My commission expires Feb. 7, 1950 (Notarial Seal) Notice. Georgia, Fulton County: Notice is hereby given that the City of East Point intends to apply to the General Assembly of Georgia when it reconvenes in January, 1950, for the passage of local legislation to annex

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additional territory to said city and to otherwise amend the charter of said City of East Point, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. This 4th day of November, 1949. City of East Point, By Ezra E. Phillips, City Attorney, 308 Connally Bldg. Atlanta, Ga. Approved February 17, 1950. FUNSTON CHARTER AMENDMENTS. No. 701 (Senate Bill No. 232). An Act to amend an Act approved August 20, 1906, incorporating the Town of Funston in the County of Colquitt, to fix the terms of the Mayor and Council of said town, and for filling vacancies for mayor and council, and fixing qualifications for mayor and council and to amend said Act in such other particulars as may seem proper and for 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 legislature approved August 20, 1906 (1906, pages 761-763) incorporating the Town of Funston be and the same is hereby amended as follows: Section 1. That said Act approved August 20, 1906, be and the same is hereby amended by striking and repealing Section 2 of said Act and inserting in lieu thereof the following to be known as Section 2: Sec. 2, Act of 1906, amended. Section 2. The government of said town shall be vested in a mayor and five (5) councilmen; that the present mayor be and he is hereby appointed mayor of said town, and the present

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council be and they are hereby appointed councilmen of said town to hold their offices until their successors shall be duly elected and qualified; that on Tuesday after the first Monday in January, 1951 there shall be held an election for a mayor and five (5) councilmen for said town. The mayor and the two councilmen receiving the highest number of votes shall serve for two years and until their successors are elected and qualified and biennially thereafter there shall likewise be held an election for a mayor and two councilmen who shall likewise serve for two years and until their successors are elected and qualified; that the next three councilmen receiving the highest number of votes in said election shall serve for one year and until their successors are elected and qualified; that on Tuesday after the first Monday in January, 1952 there shall be held an election for three councilmen who shall serve for two years and until their successors are elected and qualify and biennially thereafter there shall likewise be held an election for three councilmen who shall likewise serve for two years and until their successors are elected and qualified; that no person shall be eligible for the office of mayor or council unless he be a qualified elector of said town; that if a vacancy occurs in the office of mayor or council, then the other members of said governing body shall fill such vacancy, by appointment, for the remainder of the unexpired term. Mayor and councilmen. Election and terms. Vacancies. Section 2. That said Act approved August 20, 1906, be and the same is hereby amended by striking and repealing Section 5 of said Act and inserting in lieu thereof the following to be known as Section 5. Sec. 5 amended. Section 5. Be it further enacted that said mayor and council shall have full power and authority to pass all bylaws and ordinances respecting public buildings and grounds, work houses, public houses, vehicles and conveyances of all kinds, pumps, wells, springs, fire engines, care of the poor, supervision of disorderly houses, houses of ill fame for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof and any other bylaw, regulation and ordinances that they may deem proper for the security, peace, health, happiness, order and good government of said city. Police and welfare powers.

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Section 3. That said Act approved August 20, 1906, be and the same is hereby amended by striking and repealing Section 14 of said Act and inserting in lieu thereof the following to be known as Section 14: Sec. 14 amended. Section 14. Be it further enacted by the authority aforesaid that the enumeration of power contained in this Act shall not be construed as restrictive, but the mayor and council of said town may exercise all powers, rights and jurisdictions as they might if such enumerations were not made and the mayor and council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said town and where, under this charter rights are conferred or powers granted, but the manner of exercising them is not fully prescribed the mayor and council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act nor the laws of the State. Enumeration of powers not restrictive. Section 16. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed, provided that all corporate powers heretofore granted said town shall remain in full force and effect to be exercised in the manner and the methods provided by this Act. Approved February 16, 1950. Affidavit of publication attached to enrolled copy. SPALDING COUNTY TAX COMMISSIONER. No. 702 (House Bill No. 892). An Act to consolidate the offices of Tax Receiver and Tax Collector of Spalding County; to create the office of County Tax Commissioner of Spalding County; to prescribe the rights, liabilities, and duties of said office; to provide the effective date of this Act; to provide for the election of the tax commissioners; to provide for the necessary assistants and clerical workers to assist the tax commissioner; to provide for filling vacancies; to provide for the compensation of said tax commissioner; to

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provide for the compensation of his assistants and clerical helpers, and for other purposes. Section 1. be it enacted by the General Assembly of Georgia, and is hereby enacted by authority of the same, that the offices of Tax Receiver and Tax Collector of Spalding County, Georgia, are hereby consolidated into one office, so that there shall no longer exist any independent office of tax receiver or tax collector in said county, but the officer performing the duties of said two offices when so consolidated shall be known as the County Tax Commissioner of Spalding County, Georgia. Section 2. Be it further enacted by the authority aforesaid that the office of County Tax Commissioner of Spalding County, Georgia, is hereby created in lieu of said abolished and consolidated offices, and the authority, powers, term of office, rights, duties and liabilities of said County Tax Commissions of Spalding County, Georgia, shall be the same as the authority, powers, term of office, rights, duties, and liabilities of the tax receiver and tax collector of said county, and all laws applicable to said offices of tax receiver and tax collector shall be applicable to the tax commissioner of said county, so far as the same may apply. Tax commissioner created. Section 3. The Tax Commissioner of Spalding County, Georgia shall be paid a salary of six thousand ($6000.00) dollars per annum payable monthly from county funds. Said tax commissioner shall be entitled to one assistant, to be known as the Deputy Tax Commissioner of Spalding County, Georgia, and said deputy tax commissioner shall receive a salary of not more than thirty-six hundred ($3600.00) dollars per annum, nor less than twenty-four hundred ($2400.00) dollars per annum, payable monthly; said salary shall be set and determined annually in advance by the Commissioners of Roads and Revenues of Spalding County. Said tax commissioners shall also be entitled to one (1) clerical assistant who shall receive a salary of not more than twenty-four hundred ($2400.00) dollars per annum, nor less than fifteen hundred ($1500.00) dollars per annum, payable monthly; said salary shall be set and determined annually in advance by the Commissioners of Roads and Revenues of Spalding County. Said tax commissioners shall have full authority and control over the deputy tax commissioner and the clerical

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assistant and shall have the power to discharge them in his sole discretion. However, said tax commissioner shall submit in writing the name of any person whom he desires to employ as a deputy tax commissioner to the commissioners of roads and revenues of said county. Said commissioners shall either approve or disapprove the person within seven (7) days from the time his named is submitted. Any name which the commissioners shall fail to act upon within the specified time shall be considered disapproved. No deputy tax commissioner shall be entitled to receive any renumeration under the provisions of this Act until he has been approved by said commissioners, provided that, if at any time said commissioners shall disapprove three (3) consecutive names bona fidely submitted to them for deputy tax commissioner by the tax commissioner, said tax commissioner shall be authorized to employ any person as deputy commissioner he desires, except that he shall not employ one of the three (3) persons whose name was disapproved by said commissioners. In addition to the assistants hereinbefore set out, said tax commissioner is authorized to employ extra helpers and assistants during each year to assist during the tax receiving and the tax collecting periods, provided that he shall expend no more than fifteen hundred ($1500.00) dollars for this purpose each year. Compensation of commissioner and deputy. Clerical help. Appointment of assistants. Section 4. Said tax commissioner shall keep his office open for business each business day, legal holidays excepted, for at least eight (8) hours and shall post his hours of opening and closing at or near the entrance to his office, provided that, said tax commissioner may close his office for a half holiday on Wednesday during certain seasons in accordance with the custom of the other courthouse offices. Office. Section 5. The county commissioners of roads and revenues shall furnish to said tax commissioner his office and shall pay from county funds all the expenses of said office, including the salaries of his deputy tax commissioner, clerical assistant, and not to exceed fifteen hundred ($1500.00) dollars each year for part-time helpers, all office supplies, and anything necessary for the performance of the duties incident to said office. Expenses of office. Section 6. All taxes that are due and payable at the time the provisions of this Act become effective and all tax fi. fas.

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theretofore issued by the tax collector of Spalding County, Georgia shall have full force and effect, and be collectible by the county tax commissioner of Spalding County. Taxes due and existing fi. fas. Section 7. 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, except that the commissioners of roads and revenues of said county shall appoint a tax commissioner whenever same becomes necessary. Vacancy. Section 8. 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 law. The bond premium shall be paid by the Commissioners of Roads and Revenues of Spalding County from county funds. Oath and bond. Section 9. The tax receiver and the tax collector of Spalding County shall continue to perform their duties as such until the end of their terms for which they were elected, which expire on December 31, 1952. The provisions of this Act shall become effective on January 1, 1953, and the tax commissioner who shall be elected in the general election to be held in November, 1952, shall take office on this date. Effective date. Section 10. All fees, costs, commissions and any other compensation now or hereafter allowed by law to the tax receiver and tax collector of Spalding County, for receiving and collecting tax for the State and any political subdivision thereof shall be collected by the tax commissioner, and all such funds so collected shall be paid into the treasury of the County of Spalding as county funds. Fees, costs, commissions. Section 11. The Commissioners of Roads and Revenues of Spalding County, Georgia, are hereby given the power and authority to levy such additional taxes as shall be necessary to effect the purposes of this Act. Taxes to cover. Section 12. If any of the provisions of this Act shall be declared unconstitutional by a court of last resort having competent jurisdiction, then the remaining provisions of this Act shall not be affected thereby. If part invalid.

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Section 13. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Section 14. Attached hereto and made a part hereof by reference is an affidavit of publication as required by law. Georgia, Spalding County. Personally appeared before me the undersigned attesting officer, Quimby Melton, Jr., who after being duly sworn deposes and says on oath that he is the editor of the Griffin Daily News, a newspaper published in Griffin, Spalding County, Georgia and that said newspaper is the official organ of Spalding County in which the sheriff's advertisement for said county are published, and that the notice of legislation hereto attached and made a part of this affidavit was published in said newspaper for three (3) issues on December 17, December 24, and December 31, 1949. (s) Quimby Melton, Jr. Quimby Melton, Jr. Sworn and subscribed to before me this 20th day of January, 1950. (s) James A. Sawyer, (seal) Notary Public, Spalding County, Georgia. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the January, 1950, session of the Georgia General Assembly for the passage of a bill to abolish the office of tax collector and tax receiver in the County of Spalding; to consolidate the offices of tax receiver and tax collector of Spalding County; to create the office of county tax commissioner of Spalding County; to prescribe the rights, liabilities and duties of said officer; to provide the effective date of this Act; to provide for the election of the tax commissioner; to provide for the necessary assistants and clerical workers to assist said tax commissioner; to provide for filling vacancies; to provide for the compensation of said tax

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commissioner; to provide for the compensation of his assistants and clerical helpers; and for other purposes. This 12th day of December, 1949. Arthur K. Bolton, Representative E. Girdean Harper, Representative Albert G. Swint, Senator of 26th District. Approved February 16, 1950. AUGUSTAREGISTRATION AND VOTINGCHARTER. AMENDMENTS. No. 703 (Senate Bill No. 243). An Act to amend the Act establishing the charter of the City of Augusta approved January 31, 1798, (Georgia Laws, 1798) as amended by the various amendatory Acts thereof, and in particular the Act approved January 31, 1946, (Georgia Laws, 1946) and the Act approved February 8, 1949, (Georgia Laws, 1949) so as to provide for absentee voting in municipal elections: To provide that all registered and qualified voters who reside within the City of Augusta, as appear upon the voters' list of Richmond County, Georgia, sixty days prior to the holding of any municipal election held by the City of Augusta, shall be deemed to be registered and qualified to vote in such election; to provide for a method of challenging voters in municipal elections held by the City of Augusta; to provide for the use of the precinct file of Richmond County, Georgia, by the City of Augusta when holding a municipal election; and to repeal a portion of an Act approved February 8, 1949, (Georgia Laws, 1949) requiring the publication of the voters' list by the clerk and city council of Augusta; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same. Section I. That, in addition to the existing provisions of the charter of the City of Augusta established by an Act approved January 31, 1798, (Georgia Laws, 1798) as amended by the

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various amendatory Acts, there are added thereto the following provisions: (1) Any registered and qualified voter, when required to be absent from the City of Augusta on the date of any primary or general election, may vote by registered mail: provided that he or some member of his immediate family shall apply for a ballot in writing to the clerk of the city council of Augusta no less than ten (10) days nor more than sixty (60) days prior to the primary or general election in which he may desire to participate. Such application for a ballot shall be accompanied with postage, or the correct amount in legal tender, necessary for the return to him by registered mail of a blank ballot, with full instructions as to marking the said ballot, and its proper return to the said clerk. Absentee voting. Application for ballot. (2) Upon receipt of the registered letter, forwarded by the clerk as is hereinafter provided, the applicant shall open the sealed envelope marked Ballot Within in the presence of the postmaster, or his assistant, or an officer qualified under the law to attest deeds, and shall then and there mark and refold the ballot without assistance and without making known the manner of marking the same. He shall then and there place the ballot within the envelope in the presence of the postmaster, his assistant, or said officer, who shall witness the same in writing, as hereinafter provided. The envelope with the coupon hereinafter described shall be enclosed within the envelope directed to the said clerk and the registration date of the same shall be the same as that of the coupon enclosed. Return of ballot. (3) The said clerk, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the election for which application to vote 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 the same to the applicant at least nine days prior to the date of holding said election, by registered mail, general delivery (cost of the same having been forwarded as hereinbefore provided), and also shall enclose in said letter: Forwarding of ballot to applicant. (a) An envelope containing the folded ballot, sealed and marked Ballot Within.

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(b) An envelope, for resealing the marked ballot, the 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 privided by the mayor of the City of Augusta or executive committee in the case of a primary election. The certificate of registration shall be printed, and worded as follows: (4) The applicant, after marking and refolding the ballot as hereinabove described, shall seal and sign the voucher, the postmaster, his assistant or said officer signing as witness to said voucher.

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The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: (5) It shall be the duty of the mayor of the City of Augusta, or the executive committee in the case of primary elections, to furnish the said clerk with a sufficient number of blank ballots, each properly sealed in an envelope marked Ballot Within, and take his receipt for the same. Within five days subsequent to the election, the clerk shall return to the mayor or executive committee all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as provided in this chapter. (6) In all primary elections, it shall be the duty of the city executive committee, or other party authority of the political party holding the primary 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 to the said clerk under the provisions of this chapter shall be printed and prepared in

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pads with 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 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. Ballots for primaries. (7) Upon the receipt of the return ballot from the voter, the said clerk shall, opposite the name of the voter in the book heretofore mentioned, write in ink the words: Deposited in sealed box by me on....., 19....., and then add his own signature, and shall deposit the envelope containing the ballot, unopened, in the sealed box to be provided for this purpose, and there it shall remain until the day of the election. The coupons enclosed with the return ballots shall be filed with the letter of application. The return envelope shall show the series letter and number of the ballot deposited therein. Deposit of returned ballots. (8) On the day of the election the said clerk shall deliver the box containing the sealed ballots, together with the letters of application and return coupons attached, with a list of the same in triplicate, sealed, to the managers of the election, at the ward in which the ballots are to be cast, and shall take a receipt for said box and sealed papers. The clerk shall also deliver to the managers the pad or pads with stubs showing series letters and number of ballots furnished, and no ballot shall be counted unless the series letter and number on the ballot shall correspond with the series letter and number on the ballot contained in the envelope returned by the absent voter. Delivery to election managers. (9) At the close of the regular balloting the box shall be opened by the managers of the election, and the ballot deposited in the regular ballot box, as follows: As each envelope shall be removed from the box, the name of the voter shall be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope shall then, but not until then, be opened, and the ballot deposited in the regular box without examining or unfolding it. Procedure of managers.

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(10) When all the ballots shall have been accounted for and either voted or rejected, the empty envelopes that previously contained the sealed ballots shall be returned to the original box, together with the sealed package of letters of applications and coupons, and the rejected envelopes, if any, on which, or on a paper attached thereto, shall be plainly written the cause of rejection, signed by a majority of the managers of the election. The box shall thereupon be resealed and not opened within ninety days except by order of court. Section II. Be it further enacted by the authority aforesaid that Section I (a) of an Act approved February 8, 1949, (Acts of 1949) amending the said charter of the City of Augusta be and the same is hereby repealed and that in its place there be substituted the following, to be known as Section I (a): Section I (a). That all voters who, sixty days before each municipal election held by the City of Augusta, are registered and qualified to vote in State and county elections and reside within the City of Augusta shall be deemed to be registered and qualified to vote in said municipal elections. Qualified voters. Section III. Be it further enacted by the authority aforesaid that, in addition to the existing provisions of the charter of the City of Augusta established by an Act approved January 31, 1798, (Georgia Laws, 1798) as amended by the various amendatory Acts, there are hereby added thereto the following provisions: (1) The list of registered voters which shall be used in each election and which shall be obtained by the City Council of Augusta from the Board of Commissioners of Roads and Revenues of Richmond County, as provided for in an Act of 1949 approved February 8, 1949, (Georgia Laws, 1949) shall be the precinct file of Richmond County. Voters' list. (2) 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 voters at election.

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APPLICATION FOR BALLOT (3) 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 signature, 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 or if said applicant has signed the registration card by making a mark, then such person shall identify himself by giving the date of his birth and his mother's maiden name, which shall be compared with the information on the registration card, or he shall identify himself by such other means as may be referred to upon the registration card. If the election officials still 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. Challenge. (4) 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. (6) 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. Section IV. This Act shall take effect on the first day of March, 1950. Effective date. Section V. Each provision, phrase, clause or part of this Act is separately enacted, and should any provision, phrase, clause

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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 VI. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section VII. There is attached to and made a part hereof a copy of a notice, certified by the authors of this Act by affidavit, to the effect that notice of intention to apply for the passage of this Act was published in the Augusta Herald, the newspaper in which are published sheriff's advertisements for Richmond County, Georgia, (in which the City of Augusta lies) once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly of Georgia, which affidavit and notice read as follows: Approved February 17, 1950. Affidavit of publication attached to enrolled copy. CHATHAM COUNTY PENSION SYSTEM AMENDMENTS. No. 704 (House Bill No. 1052). An Act to amend the Act entitled An Act to amend an Act to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges thereof to create a pension board; to provide that the appointment of the members of such board shall be made by the Commissioners of Chatham County and Ex-Officio Judges thereof; to define the duties and powers of such board; to empower and authorize said Commissioners of Chatham County and Ex-Officio Judges thereof to levy taxes for such purpose and to appropriate money for the payment of pensions to employees and former employees of said county entitled thereto, under the direction and control of said pension board; to administer the pension fund, and to enact ordinances, rules and regulations therefor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the

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same that that certain Act entitled An Act to amend an Act to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges thereof to create a pension board; to provide that the appointment of the members of such board shall be made by the Commissioners of Chatham County and Ex-Officio Judges thereof; to define the duties and powers of such board; to empower and authorize said Commissioners of Chatham County and Ex-Officio Judges thereof to levy taxes for such purpose and to appropriate money for the payment of pensions to employees and former employees of said county entitled thereto, under the direction and control of said pension board; to administer the pension fund, and to enact ordinances, rules and regulations therefor; and for other purposes, approved March 12, 1941, be and the same is hereby amended by adding two additional paragraphs to be known as Paragraphs 16 (D) and 16 (E) to said Act as had been amended by the General Assembly of the State of Georgia and approved on February 17, 1949, and as appears in Georgia Laws, 1949, page 773, said paragraphs D and C of Section 16 to read as follows: Section 16 (D) Any regular employee of Chatham County who has served well and faithfully for a period of twenty (20) years or more of computed service of which the last fifteen (15) years has been continuous and immediately before his or her retirement and who shall be more than sixty (60) years of age shall, upon application to the said Commissioners of Chatham County and Ex-Officio Judges thereof and to said board of pensions, be retired and pensioned and shall be entitled as matter or right to a pension to be paid said employee for the remainder of his life of one-half the amount of the salary paid at the time of his or her retirement. Such pension shall not exceed one hundred ($100.00) dollars per month; but if said petitioner's salary should be reduced prior to his or her retirement, same shall be figured on a ratio of the last five (5) years as to the amount to be computed, but in no event to be more than one hundred ($100.00) dollars per month. Pension at 60 after 20 years' service. Section 16 (E) Any regular employee of the Commissioners of Chatham County and Ex-Officio Judges thereof who shall have served for a period of twenty (20) years of computed service shall not be discharged without first being pensioned, unless

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said employee has failed to perform the duties for which he or she was employed or has been guilty of misconduct in office, which action must be established by charges being preferred against such employee and the same being verified and established after a complete hearing by the Commissioners of Chatham County and Ex-Officio Judges thereof. In the event such charges are substantiated in the opinion of the Commissioners of Chatham County and Ex-Officio Judges thereof, said employee shall not be entitled to pension. If said charges are not substantiated, said employee shall be entitled to pension. This provision shall not affect any employee who has become disabled and who is ordinarily entitled to a pension because of disability. Discharge without pension. Section 2. Be it further enacted by authority of the same that only such parts of the laws in conflict with the provisions of this Act be and the same are hereby repealed. State of Georgia. Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Exley who on oath deposes and says that he is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Notice to the Public. State of Georgia, County of Chatham. To whom it may concern: Notice is hereby given that at the continuation of the regular session of the General Assembly of the State of Georgia of 1949 which was recessed on the 19th day of February, 1949, to reconvene on the 16th day of January, 1950, there will be introduced and offered for passage in the General Assembly a bill affecting the Board of County Commissioners and Ex-officio Judges of Chatham County, affecting the courts, to wit: the Superior Court, City Court, Municipal Court, Ordinary's Court, Juvenile Court, Recorders' Court, and the Judges thereof, affecting

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the county officers of Chatham County, affecting the police and jurisdicational powers of Chatham County, affecting the pension laws of Chatham County, and affecting any and all matters legally within the province of the General Assembly to act upon with respect to the conduct and governing of Chatham County, its officials, their salaries and its laws, including laws affecting the Board of Education of the City of Savannah and County of Chatham as well as laws authorizing the creation and/or erection of improvements to highways and/or buildings including provision for another road to Tybee Island, a stadium, and a courthouse, and for sewerage disposal, and for other purposes. Owen H. Page, Jr., John S. Hood, Jr., George H. McGee, Spence M. Grayson. has been published in said Savannah Evening Press once a week for 3 weeks, to wit, in the regular issues of Dec. 17,24,31, 1949. (s) Herman Exley Sworn to and subscribed before me this 28th day of January, 1950. (s) Flournoy J. Mulling. Notary Public, Chatham Co., Ga. (Seal) Approved February 16, 1950. BLUFFTONINTOXICATING LIQUORSREFERENDUM. No. 709 (House Bill No. 1058). An Act to repeal an Act entitled, An Act to prohibit the sale of intoxicating liquors within three miles in any direction, of Bluffton, in the County of Clay, approved February 16, 1876 (Ga. Laws 1876, page 177); to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

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Section 1. That an Act entitled, An Act to prohibit the sale of intoxicating liquors within three miles, in any direction, of Bluffton, in the County of Clay, approved February 16, 1876 (Ga. Laws 1876, page 177) is hereby repealed in its entirety. Act of 1876 repealed. Section 2. The question of whether this Act shall become effective shall be submitted to the people within the corporate limits of Bluffton. Within 10 days after the passage of this Act, it shall be the duty of the Ordinary of Clay County to issue a call for a special election by the people in the corporate limits of Bluffton, said election to be held in not less than 20 nor more than 30 days after the issuance of the call. The ballots shall have printed thereon the words, For repealing an Act entitled an Act to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton in the County of Clay, and Against repealing an Act entitled an Act to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton in the County of Clay. If a majority of the voters voting in said election shall vote for repealing said Act, the ordinary shall so certify, and the Act shall be repealed. If a majority of the voters voting in said election shall vote against repealing said Act, the ordinary shall so certify, and the Act shall not be repealed. Referendum. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce local legislation at the 1950 session of the General Assembly to be entitled An Act to repeal an Act entitled An Act to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton in the County of Clay, approved February 16, 1876 (Ga. Laws 1876, page 177); to repeal conflicting laws; and for other purposes. This the 24th day of January, 1950. Richard W. Best, Representative Clay County. Georgia, Fulton County: Personally appeared before me an officer duly authorized to

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administer oaths, Richard W. Best, who on oath deposes and says that he is the Representative in the General Assembly from Clay County and that he is the author of the attached bill, and that the notice of intention to introduce local legislation, copy of which appears above, was published in the official organ of Clay County once a week for 3 weeks during a period of 60 days prior to the introduction of the attached bill. This the 1 day of February, 1950. (s) Richard W. Best, Representative, Clay County Sworn to and subscribed before me this the 1 day of February, 1950. (s) Joe N.Burton (Seal) Notary Public Approved February 16, 1950. MANCHESTERSTREET CLOSING AUTHORIZED. No. 711 (House Bill No. 1001). An Act to amend an Act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester (Acts 1909, pages 1071 et. seq.) together with all Acts amendatory thereof; to authorize the City of Manchester to close to public use the present existing road or street leading from the north end of Second Avenue in the City of Manchester, Georgia, to the underpass under the Atlantic Coast Line Railroad; to vest title to said property in the City of Manchester; to authorize the sale of said property; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act that the charter of the City of Manchester, granted by Act of the General Assembly of Georgia and approved August 16, 1909 (Acts 1909, pages 1071 et seq.), together with all Acts amendatory thereof, be and the same is hereby amended so as to authorize the City of Manchester to close to public use the following described

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property: All that tract or parcel of land situate and being in the City of Manchester, Meriwether County, Georgia, and described as follows: Beginning at the north end of Second Avenue in the said city of Manchester, thence running in a northerly direction and following a curving line along the east side of the right of way of the present existing street or road leading to the underpass of the Atlantic Coast Line Railroad to the point of intersection of the east side of the right of way of said street or road with the abutment of the underpass under the Atlantic Coast Line Railroad; thence running westerly to the point of intersection of the west side of the right of way of said street or road with the abutment of said underpass; thence running southerly and following a curved line along the west side of the right of way of said present existing street or road to the north end of Second Avenue; thence running easterly to point of beginning; the said tract consisting of all of the area lying and being in the right of way of said present existing street or road from the north end of Second Avenue to the underpass under the Atlantic Coast Line Railroad. Description. Section 2. Be it further enacted by the General Assembly of Georgia and it is enacted by the authority of the same, that from and after the passage and approval of this Act the title to the said property as described in Section 1 of this Act shall vest in the City of Manchester, in fee simple. Title in city. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act that the charter of the City of Manchester, as heretofore granted by the General Assembly of Georgia, together with all Acts amendatory thereto, be and the same is hereby amended so as to authorize and empower the City of Manchester to sell and convey title in fee simple to the property described in Section 1 of the Act, or any part thereof, unto Mrs. Julia Sims Copeland, as consideration, in whole or in part, for lands upon which a road or street leading from the north end of Second Avenue in the City of Manchester to the underpass of the Atlantic Coast Line Railroad is to be re-located. Sale authorized. Section 4. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same,

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that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia of 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspaper in which the sheriff advertisement for Meriwether County, Georgia, is published, to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for the passage of a local bill at the January 1950 session of the General Assembly of Georgia, to be entitled as follows: On Act to amend an Act of the General Assembly of Georgia, approved August 16, 1909, incorporating the City of Manchester (Acts 1909, pages 1071 et seq.) together with all Acts amendatory thereof; to authorize the City of Manchester to close to public use the present existing road or street leading from the north end of Second Avenue in the City of Manchester, Georgia, to the underpass under the Atlantic Coast Line Railroad; to vest title to said property in the City of Manchester; to authorize the sale of said property; and for other purposes. Board of Commissioners for the City of Manchester. By G. C. Thompson, City Attorney. This January 7, 1950 Georgia, Meriwether County. Before me, the undersigned attesting officer, this day personally came R. K. Stovall, who, being first duly sworn, according to law, says that he is the editor and publisher of the Meriwether Vindicator, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the above and foregoing is a true and correct copy, was published in said paper on the 13th, 20th and 27th days of January, 1950, as provided by law. (s) R. K. Stovall.

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Sworn to and subscribed before me, this the 27th day of January, 1950. (s) A. D. Herring, C. S. C. Clerk Superior Court Meriwether County, Georgia. Approved February 16, 1950. DONALSONVILLEBOARD OF TAX EQUALIZERS. No. 712 (House Bill No. 1003). An Act to amend an Act approved August 26, 1931 (Georgia Law 1931, pp. 737-739), amending the charter of the City of Donalsonville, Seminole County, Georgia, to provide for a board of tax equalizers; to provide for their appointment by the mayor and council; to provide for terms of said board; to provide for compensation of members of said board; to provide for expenses of said board and for the hiring of such clerical assistance as the mayor and council may deem proper 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 Paragraph 1 of said Act of August 26, 1931 be amended by striking out that part of Paragraph 1 beginning at line 7 and ending at line 13 and substituting therefor the following: Act of 1931 amended. The mayor and council of the City of Donalsonville are hereby authorized and empowered to appoint a board of tax equalizers which board shall have the same duties, powers, and rights, and under the same laws, rules, and regulations as boards of tax assessors in counties of this State, with respect to taxation in said city for city purposes. Board of tax equalizers. Said board shall consist of three members who shall be appointed for a term of three years and to continue until their successors are duly appointed and qualified, provided that the first appointment under this Act shall be of one member for one year, one member for two years, and one member for three

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years, and thereafter the members shall be appointed for a term of three years. In case of an appointment to fill an existing vacancy in said board for any reason whatever, the vacancy shall be filled under an appointment for the remainder of the unexpired term in the same manner as herein provided for the appointment of said board. Members. Terms. No person shall be qualified to serve as a member of said board who is not a freeholder and a resident of the City of Donalsonville; and if any member of said board at any time ceases to possess all these qualifications set forth herein it shall operate to vacate his office and the vacancy shall be filled in the manner hereinbefore provided. The members of said board may be reappointed to succeed themselves as members of said board and shall be paid as compensation for their services such an amount as may be fixed by the mayor and council of the city, such compensation to be fixed for each succeeding year at the first meeting of the mayor and council in January of such year. The compensation of the members of said board and other expenses as may be necessary to be incurred in the performance of the duties of the board under this Act, including the hiring of such clerical or other assistance for said board as the mayor and council shall deem proper shall be paid from the treasury of the City of Donalsonville in the same manner as other payments by the city are made. Qualifications. Compensation. The said board shall at its first meeting in each succeeding year elect a chairman from among the members of said board. If for any reason the position of chairman of said board becomes a vacancy the succeeding chairman shall be elected at the next regular meeting of said board in the manner hereinbefore provided for his unexpired term. Chairman. Removals of members of said board shall be in the same manner as is provided for the removal of members of the county board of tax assessors. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Seminole. Before the undersigned, an officer authorized by law to administer

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oaths, personally came E. C. Smith, Jr., who, having been first duly sworn, on oath, says that he is editor and publisher of the Donalsonville News; that said Donalsonville News is a newspaper published and having general circulation with the County of Seminole and the City of Donalsonville and is the newspaper in which the sheriff's advertisements for said county are published, and that the attached and subjoining copy of notice of the proposed introduction of local legislation effecting the City of Donalsonville, to wit: Notice of Local Legislation. Georgia, Seminole County. Notice is hereby given that I shall introduce at the next session of the General Assembly of the State of Georgia convening in January 1950, a bill to amend the charter of the City of Donalsonville changing the board of tax equalizers from its present mayor and council to a three man board to be named by the mayor and council of the City of Donalsonville, Georgia, and for other purposes. Ellison Dunn, Representative, Seminole County, Georgia. was published as required by law in the issues of the Donalsonville News of dates of December 16th, December 23rd, 1949 and January 27th, 1950, respectively. Deponent further says that this affidavit is made for the purpose of being attached to and made a part of said local Bill upon its introduction into the General Assembly. (s) E. C. Smith, Jr., Editor and Publisher, Donalsonville News, Sworn to and subscribed before me, this 28th day of January 1950. (s) Vivian W. Jones, N. P. State of Georgia at Large.
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Notary Public, Georgia, State at Large. My commission expires 12-5-53. Vivian W. Jones, Notary Public, Georgia, State at Large. (Notarial Seal) Approved February 16, 1950. ADELCHARTER REPEALEDREFERENDUM. No. 716 (House Bill No. 1060). An Act to repeal an Act approved July 29, 1919, (Ga. Laws 1919, pages 792-811) entitled, An Act to incorporate the City of Adel; to provide that all valid contracts heretofore entered into by the Town of Adel, or the mayor and council of the Town of Adel, shall be good and valid for or against the City of Adel; to provide that all property now held and owned by the Town of Adel, or the mayor and council of Adel, shall be and become the right and property of the City of Adel, and that all rights and liabilities of the Town of Adel, or the mayor and council of Adel, shall accrue to and against the City of Adel; to provide that all ordinances of the Town of Adel, or the mayor and council of Adel, not in conflict with this charter, shall be valid and enforceable as ordinances of the City of Adel; to define the limits of the City of Adel; to provide for a mayor and councilmen and other officers of said city, and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewage; to provide for a system of waterworks and electric lighting system; to declare and define the police powers of said city, and to provide for all matters of municipal concern and cognizance; to provide for taxation or granting of licenses to all kinds of business, trades and professions, and to grant a charter to said city under the corporate name of the City of Adel, and for other purposes, and all amendments thereto, so as to repeal the charter of the City of Adel; 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 the Act approved July 29, 1919, (Ga. Laws 1919, pages 792-811), as amended, incorporating the City of Adel and granting a charter thereto, be and the same is hereby repealed. Charter repealed. Section 2. Be it further enacted that this Act shall not become effective until ratified by the qualified voters of the City of Adel, and the municipal authorities in charge of said municipality shall within ten days from the date this Act is approved by the Governor call an election to be held on the 8th day of March, 1950, at which time an election will be held to ratify an Act to incorporate a new municipality consolidating the City of Adel and the Town of Sparks, and notice of said election shall be published in the official organ of Cook County, Georgia. The ballot prepared for said election shall have printed thereon the words For repeal of the present municipal charter, and the words Against repeal of the present municipal charter, and those voting for repeal shall mark X to the left of the words For repeal of the present municipal charter, and those voting against repeal shall mark X to the left of the words Against repeal of the present municipal charter. Said election shall he held under the same rules and regulations governing the election of officers of said municipality. The result of said election shall be declared by the same rules and regulations governing the City of Adel. If a majority of the votes cast in said election be for repeal of the present charter, this Act shall become effective immediately, and if a majority of the votes cast are against repeal of the present charter, then this Act shall be null and void. Referendum. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1950 regular session of the General Assembly of Georgia, which bill shall provide for the incorporation of a new municipality, consolidating the municipalities of Sparks and Adel. This bill

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will not be introduced unless the referendum to be held prior to its introduction approves the passage of said bill. This 4th day of January 1950. Wilson B. Wilkes, Cook County Representative. Georgia, Fulton County. Personally appeared before the undersigned authority Wilson B. Wilkes, who, after first being duly sworn on oath, deposes and says that he is the Representative from Cook County and that he is the author of the foregoing and attached bill, and that the notice of intention to introduce local legislation, a copy of which appears above, was published in the official organ of Cook County once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly, as provided by the Constitution of Georgia. (s) Wilson B. Wilkes Sworn to and subscribed before me this 31st day of January, 1950. (s) Walter C. Adkins, N. P. Notary Public, State of Georgia State at Large, Ga. Approved February 16, 1950. BOARDS OF EDUCATIONGROUP INSURANCE FOR EMPLOYEES IN CERTAIN COUNTIES. No. 719 (House Bill No. 798). An Act to authorize the board of education of any county having a city of 200,000 population, or more, according to the 1940 U. S. census or any future census, lying in whole or in part within its boundaries to enter into contracts for group life, health or accident insurance, or any other type of group insurance covering the employees of the board of education of said county, including the right to pay a portion of the premiums thereof, and for other purposes.

Page 2609

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That the board of education of any county in Georgia having a city of 200,000 population, or more, according to the 1940 U. S. census or any future census, lying in whole or in part within its boundaries is hereby authorized and empowered to make contracts of insurance with any insurance company authorized to transact business within the State of Georgia, insuring its elected or appointed officers and employees or any class or classes thereof under a policy or policies of group insurance covering life, health, hospitalization, medical service or accident insurance, and may contract with any such company granting annuities for the pensioning of such employees; and, for such purposes, may agree to pay part or all of the premiums or charges for carrying such contracts, and may appropriate out of its treasury, or funds, any money necessary to pay such premiums or charges or portion thereof. Group insurance for employees in certain counties. Section 2. The board of education of any county in Georgia having a city of 200,000 population, or more, lying in whole or in part within its boundaries, is hereby authorized, enabled and permitted to deduct from the officer's or employee's pay, salary or compensation, such part of the premium as is payable by the officer or employee and as may be so authorized by the officer or employee in writing. Pay deductions. Section 3. All contracts procured hereunder shall conform and be subject to all the provisions of any existing or future laws concerning group insurance and group annuity contracts. Section 4. That all laws and parts of law in conflict herewith are hereby repealed. Notice to Apply for Legislation. Notice is hereby given that we will introduce at the next session of the Georgia legislature a bill entitled as follows: An Act to authorize the board of education of any county in Georgia having a city of 200,000 population, or more, lying in whole or in part within its boundaries, to enter into contracts for group life, health or accident insurance or any other type of group insurance covering the employees of the board of

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education of said county, including the rights to pay a portion of the premiums thereof, and for other purposes. Pierre Howard, H. O. Hubert, Jr., W. H. McWhorter, A. Mell Turner. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 22, 1949; December 29, 1949 and January 5, 1950. The DeKalb New Era, (s) W. H. McWhorter W. H. WcWhorter, Managing-Editor. Sworn to and subscribed before me this 10th day of January, 1950. (s) Gwendolyn B. Painter Notary Public, Georgia, State at Large, My commission expires Feb. 3, 1950. Approved February 16, 1950. ELBERTON CITY COURTPRACTICE AND PROCEDURE. No. 721 (House Bill No. 895). An Act to amend an Act entitled An Act to establish the City Court of Elberton in Elbert County; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes, approved

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December 19, 1896 (Georgia Laws, 1896, page 287) and as amended by Georgia Laws 1900, page 135; 1901 p. 133; 1902, p. 125; 1904, p. 145; 1912, p. 215 and 1920, p. 327, so as to provide that the rules of practice and procedure in civil cases in the City Court of Elberton shall be the same, in so far as the jurisdiction of said court extends, as the rules of practice and procedure now obtain or may hereafter obtain in the superior courts of Georgia; and to repeal Section 33, of said Act (Ga. L. 1896, p. 295), viz: That the first term of said court to which a case is brought shall be the appearance or return term, and the second term shall be the trial or judgment term, and all the laws, rules and practice in the superior courts with reference to the terms thereof shall apply in the City Court of Elberton, unless in conflict with this Act or otherwise provided herein; and any other conflicting provisions in said Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved December 19, 1896, (Ga. L. 1896, page 287 et seq.) creating the City Court of Elberton, as amended by Georgia Laws 1900, p. 135; 1901, p. 133; 1902 p. 125; 1904, p. 145; 1912, p. 215 and 1920, p. 327, be and the same is hereby amended so as to provide that the rules of practice and procedure in civil cases in the City Court of Elberton shall be the same, insofar as the jurisdiction of the said City Court of Elberton extends, as are the rules of practices and procedure which now obtain or may hereafter obtain in the superior courts of Georgia. Former Acts amended. Practice and procedure. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same that the Act approved December 19, 1896, (Ga. L. 1896, p. 287, et seq.) creating the City Court of Elberton, as amended by Georgia Laws 1900, p. 135; 1901, p. 133; 1902, p. 125; 1904, p. 145; 1912, p. 215, and 1920, p. 327, be and the same is hereby amended by striking therefrom Section 33 of above named Act of 1896, reading as follows: At the first term of said court to which a case is brought, shall be the appearance or return term, and the second term shall be the trial or judgment term, and all the laws, rules and practice in the superior courts with reference to the terms thereof shall apply in the City Court of Elberton unless in conflict

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with this Act or otherwise provided herein, and the same is hereby repealed. Appearance and trial terms. Section 3. Be it further enacted by the authority aforesaid, and it his hereby enacted by the same, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Georgia, Elbert County: In person before the undersigned authority comes G. T. Christian, who being duly sworn, says that he is owner and publisher of the Elberton Star, the newspaper in said county in which the sheriff's advertisements for said county are published, and that there has been published in said newspaper under the dates of November 8, 15, 22 and 29, in the year 1949 the following advertisement or notice of intention to apply for passage of local bill: (s) G. T. Christian, G. T. Christian Sworn to and subscribed before me this 18 January, 1950. (s) Howard B. Payne Howard B. Payne Notary Public, Elbert County, Georgia. Notice of Proposed Local Legislation. Notice is hereby given to all concerned that at the adjourned session of the General Assembly of Georgia to be held during January 1950, a bill will be introduced to amend the Act creating the City Court of Elberton (Acts 1896 page 287 et seq., approved Dec. 19, 1896) and amendments thereto by making the rules of pleading and practice in civil cases in said court the same as now or may hereafter govern in the superior courts of Georgia. This notice is given in pursuance of the requirements of Section 2-1915, Code of Georgia. Guy T. Bell, Representative, Elbert County, Ga. Approved February 16, 1950.

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JENKINS TAX COMMISSIONER'S SALARY. No. 722 (House Bill No. 914). An Act to amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia to provide and fix the compensation of said office and for other purposes, so as to remove the limitation on the salary of the Tax Commissioner of Jenkins County, Georgia, and to increase the salary from $1,500 per annum to $1,800 per annum. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act creating the office of Tax Commissioner of Jenkins County, Georgia (Georgia Laws 1943, pages 1061, 1062) as amended by the Act of the General Assembly by the Act of 1945 (Georgia Laws 1945, pages 1176, 1177) be amended by striking from the Act of 1945, page 1176, 1177, the words fifteen hundred dollars ($1,500.00) per annum, payable monthly effective March 1, 1945, and substituting therefor the words, eighteen hundred dollars ($1,800.00) per annum, payable monthly effective March 1, 1950, so that said section when amended shall read: Sec. 4, Act of 1945. amended. Section 4. Be it further enacted by authority aforesaid that the salary of the tax commissioner shall be eighteen hundred dollars ($1,800.00) per annum payable monthly effective March 1, 1950, plus any and all commissions received and collected of State taxes, regular or special. Said rate of commission to be determined by the officials of the State Revenue Department or their successors from time to time. Said tax commissioner's salary shall be payable from the funds of the Board of Roads and Revenues of Jenkins County, Georgia. Tax commissioner's salary. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Advertisement. Georgia, Jenkins County. Notice is hereby given that there will be introduced and proposed for passage at the next session of the General Assembly

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of Georgia, convening in January, 1950, a bill generally described as follows: An Act to amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia, to provide and fix the compensation of said office and for other purposes, so as to remove the limitation on the salary of the Tax Commissioner of Jenkins County, Georgia, and to increase the salary from $1,500 per annum to $1,800 per annum. Georgia, Jenkins County. I, Reamer Y. Lane, Ordinary of Jenkins County, Georgia, hereby certify that a true copy of the above notice was posted on the bulletin board at the courthouse door in Jenkins County more than thirty days prior to this date. This January 20, 1950. (s) Reamer Y. Lane Ordinary Jenkins County, Georgia. Advertisement. Georgia, Jenkins County. Notice is hereby given that there will be introduced and proposed for passage at the next session of the General Assembly of Georgia convening in January 1950, a bill generally described as follows: An Act to amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia, to provide and fix the compensation of said office and for other purposes, so as to remove the limitation on the salary of the Tax Commissioner of Jenkins County, Georgia, and to increase the salary from $1,500 per annum to $1,800 per annum. Georgia, Jenkins County. I, Frank Edenfield, hereby certify that I am business manager of the Millen News, a newspaper in said County of Jenkins in which sheriff's advertisements are published and I further

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certify that a true copy of the above notice was published in the Millen News as required by law. This the 20th day of January, 1950. (s) Frank M. Edenfield, (Co-owner and Bus. Mgr.) Advertisement. Georgia, Jenkins County. Notice is hereby given that there will be introduced and proposed for passage at the next session of the General Assembly of Georgia convening in January, 1950, a bill generally described as follows: An Act to amend An Act to create the office of Tax Commissioner of Jenkins County, Georgia to provide and fix the compensation of said office and for other purposes, so as to remove the limitation on the salary of the Tax Commissioner of Jenkins County, Georgia and to increase the salary from $1,500 per annum to $1,800 per annum. Approved February 16, 1950. CLINCH COUNTY COMMISSIONERSCHAIRMAN AND VICE-CHAIRMAN. No. 723 (House Bill No. 937). An Act to amend the Act creating the Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Georgia Laws 1933, page 456), and Acts amendatory thereof, particularly the Act approved March 27, 1947 (Georgia Laws 1947, page 914), so as to provide for the election of a chairman and vice-chairman of said board; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That the Act creating a Board of Commissioners of Roads and Revenues for Clinch County, approved March 9, 1933 (Georgia Laws 1933, page 456), and all Acts amendatory

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thereof, particularly the Act approved March 27, 1947 (Georgia Laws 1947, page 914), is hereby amended by striking in its entirety Section 8 thereof as it was amended by said 1947 Act, which section related to the election of a chairman of said board, and inserting in lieu thereof a new section which shall also be known as Section 8, and which shall read as follows: Sec. 8, Act of 1947, amended. Section 8. 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 or vice-chairman of the board of commissioners. The election authorities shall provide on the ballot an appropriate space for the election of the chairman of the board of commissioners and shall provide on the ballot an appropriate space for the election of the vice-chairman of the board of commissioners. The names of all candidates for the office of chairman and the names of all candidates for the office of vice-chairman shall be placed on the ballot in such manner that the voters in the election shall be able to vote for a chairman of the board of commissioners and shall be able to vote for a vice-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, and the elected commissioner with the highest number of votes received as vice-chairman of the board of commissioners shall be declared the vice-chairman of the board for his term of office. In case no person who offers for the office of chairman is elected, the duly elected vice-chairman shall serve as chairman. In case no person who offers for the office of chairman is elected and no person who offers for the office of vice-chairman is elected, then the members of the board shall elect from among their number a chairman and a vice-chairman. In case of the death, resignation, or disqualification of the duly elected chairman, the duly elected vice-chairman shall fill the remainder of the unexpired term of the chairman. In case of the death, resignation, or disqualification of both the duly elected chairman and the duly elected vice-chairman, the members of the board of commissioners shall elect from among their number an acting chairman who shall serve until such time as the ordinary of said county shall call an election to fill the unexpired term of office of chairman. The ordinary shall

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issue the call for such an election within twenty days after such acting chairman has been elected by the board and such election shall take place within sixty days after the call thereof. 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 the faithful performance of duty and for protection of all funds, said bond to be approved by the ordinary. Election of chairman and vice-chairman. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Certificate of Publication. To whom it may concern: This is to certify that the following Public Notice of Local Legislation was published in the Clinch County News, in its issues of Friday, December 30, 1949; Friday, January 6, 1950; and Friday, January 13, 1950. This January 14th, 1950. Iverson H. Huxford Editor and PublisherThe Clinch County News Homerville, Georgia. Public Notice of Local Legislation. Georgia, Clinch County: Notice is hereby given that I will introduce a bill at the 1950 session of the General Assembly of Georgia, providing that the Act creating the Board of County Commissioners of Roads and Revenue of Clinch County be amended so that the election authorities hereafter will be directed to provide separate spaces on official election ballots for elections of chairman and vice-chairman of said board of county commissioners of roads and revenue of said county; and, further, that in case of death, resignation, or disqualification of the duly-elected chairman that elected vice-chairman shall fill the unexpired term; and, provided further, that in case of death, resignation, or disqualification of both elected chairman and vice-chairman that the board of commissioners aforesaid shall elect from among their

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number an acting chairman who shall serve until such time as the ordinary of said county shall call an election to fill the unexpired term; and for no other purposes. This December 21st, 1949. Mrs. Iris F. Blitch, Representative, Clinch Co., Ga. Approved February 16, 1950. THUNDERBOLTCORPORATE LIMITS EXTENDED. No. 724 (House Bill No. 940). An Act to amend, revise and alter the several Acts relating to and incorporating the Town of Thunderbolt, Georgia, so as to extend the corporate limits of said town; and for other purposes. It is enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, as follows: Section 1. That the corporate limits of the Town of Thunderbolt shall be extended to include the present limits of said town, including the additions thereto set forth in detail in Section Five (5) of an Act of the General Assembly of Georgia amending, revising and altering the several Acts relating to incorporating the Town of Thunderbolt, approved January 30, 1946, as set forth in the Acts of the General Assembly of 1946, pages 621-623, inclusive. Section 2. Be it further enacted that said corporate limits of said town be extended as set forth in the preceding section, shall be further extended to include within the said corporate limits of said town lands within the following description: Beginning at a point of the present city limits which is indicated by an iron marker at the northeastern intersection of Furber Avenue and Whatley Avenue: thence running in a northeasterly direction along the easterly line of Whatley Avenue to its intersection with the easterly side of Bonaventure Road, which point is marked by an iron marker; thence following

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the easterly line of said Bonaventure Road a distance of ninety-nine (99) feet to its intersection with the southern line of lot number thirty-six (36) of the subdivision of The Merchants and Mechanics Land Company's subdivision number six (6), as projected in an easterly direction; thence running in a westerly direction along said southern line of said lot number thirty-six (36), and said southern line projected, to a point where it intersects the easterly line of the Placentia Canal; thence in a southwesterly direction along the easterly line of said Placentia Canal to its intersection with the northeasterly line of Furber Avenue; thence in a northwesterly direction, along said northeasterly line of Furber Avenue, or Furber Avenue projected, across the Placentia Canal, to the intersection of such line with the easterly line of Levy Avenue, which is the present corporate limits of the City of Savannah; thence in a southerly direction along the easterly line of Levy Avenue (the present corporate limits of the City of Savannah) to its intersection with the northerly line of Victory Drive; thence in an easterly direction along the northerly line of Victory Drive; across the Placentia Canal, to its intersection with the present corporate limits of the Town of Thunderbolt on the easterly bank of the Placentia Canal; thence in a northerly direction following the easterly line of the Placentia Canal to its intersection with the northeasterly line of Furber Avenue; thence in a southeasterly direction along the northeasterly line of Furber Avenue to a point of beginning which is the northeastern corner of Furber Avenue and Whatley Avenue. Limits extended. Description. Section 3. That there is attached to and made a part hereof a copy of a notice certified by the publisher of the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published to the effect that notice of the intention to apply for passage of this Act was published once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit: on December 20th and 27th, 1949, and January 2nd, 1950. Section 4. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. State of Georgia, County of Chatham. Personally appeared before me, the undersigned attesting

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officer, duly authorized by the laws of the State of Georgia to administer oaths, Walter W. Hinely, who, after being duly sworn and on oath swears that he is the author of the bill attached hereto and that notice of the intention to apply for the passage of this Act was published once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction to the General Assembly, to wit: on December 20th and 27th, 1949, and January 2nd, 1950. Walter W. Hinely, Sworn to and subscribed before me this 18th day of January, 1950. Florence M. Fox Notary Public. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Exley, who on oath deposes and says that he is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Legal Notice. Notice is hereby given in accordance with Article III, Section VII, Paragraph XV, of the 1945 Constitution of the State of Georgia, and Section 47-801 of the Code of Georgia of 1933, that at the adjourned session of the General Assembly of Georgia, which convenes on Monday, January 9, 1950, there will be introduced a bill to be entitled An Act to amend the Act or Acts and the amendments thereto creating and relating to and incorporating Town of Thunderbolt so as to provide for the extension of the corporate limits of said town, and for other purposes. This 19th day of December, 1949. Walter W. Hinely, As Attorney for Town of Thunderbolt. has been published in said Savannah Evening Press, once a

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week for three weeks, to wit: in the regular issues of Dec. 20-27, 1949, Jan. 2, 1950. Herman Exley, Sworn to and subscribed before me this 19th day of January 1950. Flournoy J. Mulling, Notary Public, Chatham County, Ga. Approved February 16, 1950. EATONTONRECORDER. No. 725 (House Bill No. 980). An Act to amend the charter of the City of Eatonton, as found in Georgia Laws of 1908, page 620 et seq., and all Acts amendatory thereof, by authorizing the mayor and council, at their discretion, to elect or appoint a recorder for the City of Eatonton; to fix his compensation, and prescribe his qualifications, powers, duties, and term of office; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the charter of the City of Eatonton, as found in Georgia Laws of 1908, page 620 et seq., and all Acts amendatory thereof, shall be amended by adding a new subsection to Section 18 of said charter, to be numbered (16), which shall read as follows: Sec. 18, Act of 1908, amended. The mayor and council of the City of Eatonton shall have the authority, in their discretion, to elect or appoint a recorder for the City of Eatonton, who shall have the same power and authority as the mayor as presiding judge of the police court of said city. The recorder shall be 21 years of age, qualified to vote in city elections, and a duly licensed and practicing attorney. He shall hold office until the first Wednesday in September following his election or appointment, and until his successor is elected and qualified; and may be removed for cause, as in case of other city officials. Vacancies for any cause

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may be filled by the mayor and council. His salary shall be not less than $50.00 per month, nor more than $100.00 per month. It shall be the duty of the recorder to preside over the police court of the City of Eatonton, at all regular and special sessions; and he shall perform all of the functions and exercise all powers incident to said police court, except in case of absence, disability, or disqualification, when the mayor or mayor pro tem. shall act. This provision is not to be construed as altering or restricting the powers of the mayor under the charter. Recorder, appointment, duties, compensation, etc. Section 2. Be it further enacted, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its special session called for January, 1950, a local Act, the caption of which reads as follows: An Act to amend the charter of the City of Eatonton, as found in Georgia Laws of 1908, page 620 et seq., and all Acts amendatory thereof, by authorizing the mayor and council, at their discretion, to elect or appoint a recorder for the City of Eatonton; to fix his compensation, and prescribe his qualifications, powers, duties, and term of office; and for other purposes. Georgia, Putnam County. I, T. A. Gregory, publisher of the Eatonton Messenger, the newspaper in said county in which sheriff's advertisements are published, do hereby certify that the foregoing is a true copy of notice of special legislation published once each week for three separate weeks in said Eatonton Messenger during the 60 day period beginning December 15, 1949, specifically, in the issues of December 15, 1949, December 22, 1949, and December 29, 1949. This the 23rd day of January, 1950. (s) T. A. Gregory, Jr. Approved February 16, 1950.

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ATLANTA CORPORATE LIMITS EXTENDED. No. 734 (House Bill No. 944). 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. Notice of the intention to apply for the passage of this local bill has been published in the newspapers in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, and in the DeKalb New Era, the paper in which the sheriff's advertisements for DeKalb County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. 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. All that tract or parcel of land lying and being in Land Lot 4 of the 17th District of Fulton County, Georgia, and being more particularly described as follows: Beginning at the southeast corner of Land Lot 4 of the 17th District of Fulton County, Georgia, said point of beginning also being located on the dividing line between Fulton and DeKalb Counties, thence running west along the southern line of Land Lot 4 a distance of 883.3 feet, more or less, to an iron pin marking the western line of the Subdivision of Unit 1, Lenox Hills, as per plat made by C. R. Roberts, C. E., dated June 15, 1948, and recorded in Plat Book

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35, page 36 of the Fulton County records; thence running north along the western line of said Subdivision 1576.5 feet to an iron pin; thence running west 354.8 feet to an iron pin; thence running north 660.3 feet to the southwesterly side of the Seaboard Railway right of way; thence running southeasterly along the southwesterly side of the Seaboard Railway right of way 1330 feet, more or less, to the eastern line of Land Lot 4, said point also being located on the dividing line between Fulton and DeKalb Counties; thence running south along the eastern line of Land Lot 4, and the line dividing Fulton and DeKalb Counties, 1840 feet, more or less, to the southeastern corner of Land Lot 4 and the point of beginning. Description. Section 3. That 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 and authority of city in added territory. Section 4. That 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.

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Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Fulton County: Personally appeared before me, the undersigned, a notary public, Luther Alverson, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta, By J. C. Savage, City Attorney, 803 C S Natl Bk Bldg. This the 10 day of January, 1950. (s) Luther Alverson Sworn to and subscribed before me, this the 10 day of January, 1950. (s) Edna W. Duncan (seal) Notary Public, Fulton County, Ga. Notary Public, Fulton County, Georgia My commission expires April 1, 1952. Approved February 17, 1950.

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SUNNY SIDE CHARTER. No. 735 (House Bill No. 952). An Act to repeal an Act approved December 20, 1897; to incorporate the City of Sunny Side, to provide a new charter for the government of said city and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, the Act of the General Assembly approved December 20, 1897 by and for the same, is hereby repealed and the following provisions of this Act to reincorporate the City of Sunny Side and to provide a government of the City of Sunny Side, is hereby of force and effect. Section 2. Be it further enacted by the General Assembly of Georgia, that from and after the passage of this Act the City of Sunny Side, in the County of Spalding, be, and the same hereby is, incorporated under the name and style of the Mayor and Council of the City of Sunny Side, and by that name and style shall have perpetual succession, shall have a common seal; shall be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors, for the use of the City of Sunny Side, any estate or estates, real or personal, of whatever kind or nature, and by the said name and style be capable of suing and being sued in any court of law or equity in this State. Incorporation. Section 3. Be it further enacted, that the government of said city shall be vested in a mayor and four councilmen, who shall be elected on the first Saturday, in January, 1951, and annually thereafter, and who shall hold their office for one year and until their successors are elected and qualified; provided however, that the mayor and councilmen who were elected at the January, 1950, election shall serve until after the election to be held on the first Saturday in January, 1951. Mayor and councilmen. Section 4. Be it further enacted that the corporate limits of said city shall extend one-fourth () mile in every direction from the site of the old well in said city, which point is marked by a concrete marker. Corporate limits. Section 5. Be it further enacted, that at the election for

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mayor and councilmen all residents eighteen (18) years old who have resided in said city thirty (30) days prior thereto and who have paid all State, county, and municipal taxes, dues or assessments, shall be qualified voters. That the said election for mayor and councilmen shall be held by three superintendents, who shall be qualified voters at said election, and the polls of said election shall be opened at eight (8) o'clock a. m. and close at six (6) o'clock p. m., and said superintendent, before entering upon their duties, shall take and subscribe to the following oath before some justice of the peace, notary, mayor or councilmen of the city, to wit: All and each of us do swear that we will faithfully superintend this days election, that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so, nor knowingly prohibit anyone from voting who is not entitled to, so help us God. Election of mayor and councilmen. Section 6. Be it further enacted, that the superintendents at such election shall issue a certificate of the result thereof to each of the persons having a plurality of the votes cast, which certificate shall be recorded in the records of said city, and said certificates shall be sufficient authority for the persons so elected to enter upon the discharge of their official duties after qualification as herein provided. Certificates of results. Section 7. Be it further enacted, that should the office of mayor or councilmen become vacant by any cause, the mayor and councilmen remaining shall elect a successor, who shall fill the unexpired term only. Vacancies, mayor and councilmen. Section 8. Be it further enacted, that before entering upon the discharge of their official duties, the mayor and councilmen elect shall take and subscribe to the following oath before the retiring mayor or some person authorized to administer oaths. to wit: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilmen, as the case may be) of the City of Sunny Side during my term of office to the best of my knowledge, ability and understanding, so help me God. Said oath shall be entered on the records of the city. Their oath. Section 9. Be it further enacted, that the mayor and councilmen shall elect annually a mayor pro tem. from the councilmen, whose duty it shall be to act as mayor in all cases in the absence

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or disqualification of the mayor. They shall also at the same time elect from the councilmen a secretary and treasurer, who shall perform such duties as the mayor and councilmen may prescribe. They shall also have authority in their discretion to elect a marshal and prescribe his duties. The compensation of the secretary and treasurer and marshal shall be such as may be fixed by the mayor and council. Other officers. Section 10. Be it further enacted, that the mayor and council shall have power and authority to levy and collect an ad valorem tax not exceeding one-half of one per centum ( of 1 per cent), annually upon all property, both real and personal, within the incorporate limits of said city; they may also levy and collect such license tax upon business occupations in said city as they may see proper. All of said taxes to be for the purpose of defraying the general expenses of the city. Ad valorem tax. Section 11. Be it further enacted, that should any person fail or refuse to pay the tax imposed by the said city authority, the secretary and treasurer shall issue an execution against said delinquent taxpayer, which shall be signed by him in his official capacity and shall bear teste in the name of the mayor and council. Said execution shall be directed to the marshal and shall bind all property that said delinquent taxpayer owned on the 1st day of April of the year the tax was levied, and the lien of said execution shall be superior to all liens on said property except liens for the property of such defaulting taxpayer, and in case of real estate shall advertise and sell the same as at sheriff's sales, and in case of personal property shall expose the same for sale before the usual meeting place of the mayor and council, after advertising it by posting notices in three of the most public places in said city for ten days prior to the day of sale. Tax executions. Section 12. Be it further enacted, that the mayor and council shall have power and authority to pass all rules, regulations or ordinances that they may deem necessary for the government of said city, the preservation of order and the protection and preservation of the morals, health, lives and property of its citizens; provided, the same are not in conflict with the Constitution and laws of the State or the United States. Police and welfare powers. Section 13. Be it further enacted, that the mayor and council

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shall have power and authority to prohibit the manufacture and sale of all wines, beers, liquors, or other drinks which if drunk to excess will intoxicate within the corporate limits of said city. Intoxicating liquors. Section 14. Be it further enacted, that the mayor may hold a police court in said city at any time for the trial and punishment of all persons violating the city ordinances and regulations of said city, and when holding said police court shall have the power and authority to administer oaths, preserve order and punish for contempt, said punishment shall be by a fine not exceeding one hundred ($100.00) dollars, or labor on the street not exceeding one hundred (100) days, or confinement in the guard house or jail not exceeding one hundred (100) days, and he shall also have power and authority to suspend, commute, or remit the sentence imposed in his discretion. In the absence or disqualification of the mayor, the mayor pro tem., or in his absence or disqualification, any councilman may hold said court. Police court. Section 15. Be it further enacted, that the mayor and council shall prescribe the rules and regulations under which property shall be returned for taxation and the penalty for failure to make returns. Tax returns. Section 16. Be it further enacted, that the mayor and council shall present a building code for the city of Sunny Side and issue permits for any new construction and for repairs to existing buildings within said city, where the costs of such repairs or construction shall exceed one hundred ($100.00) dollars. The mayor and council are authorized to charge a reasonable fee for the issuance of said permits. Building regulations. Section 17. Be it further enacted that the marshal shall have power and authority to arrest, without a warrant, any drunk or disorderly person, or any person committing or attempting to commit any offense against the criminal laws of this State or against the city ordinances and commit to the jail or any other place of safety to await his trial, or may take such bond from the offender as the mayor or any councilman may direct, conditioned for his appearance for trial at the police court. Arrests. Section 18. Be it further enacted, that the mayor and council have power and authority in their discretion to establish and maintain a jail or guard house wherein to confine for safe keeping,

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parties under arrest or for the punishment of parties convicted and sentenced in police court. Jail. Section 19. Be it further enacted, that should any property levied upon under and by virtue of any execution issued by the secretary and treasurer for taxes or license be claimed by any person not the party to the execution, said claim shall be interposed under the same rules, regulations, and restrictions as regulate claim cases under the laws of this State, and in case of personal property if the claim is less than two hundred ($200.00) dollars it shall be returned to the justice court of the district in which said city is located, and if more than two hundred ($200.00) dollars it shall be returned to and tried as other claim cases in the superior court of said county, and in case real estate is involved in the claim it shall be returned to and tried as other claim cases in the superior court of said county. Claim cases. Section 20. Within not less than thirty (30) and not more than sixty (60) days after the passage of this Act the mayor and council shall call a special election. For the purpose of this election they shall obtain from county officials a voters list containing the names of all qualified voters residing in the incorporate limits of Sunny Side. Referendum. Section 21. Notice of the time and place of said election shall be posted in three (3) conspicuous places throughout the city continuously for at least seven (7) days preceding said election, and, except for the day on which same is held, said election shall be conducted in the manner hereinbefore set out. Notice Regulations. Section 22. At said election each ballot shall have the following two statements printed thereon: For Sunny Side, Georgia, being incorporated and having a mayor and council and Against Sunny Side, Georgia, being incorporated and having a mayor and council. Each statement shall be so spaced as to be separate and distinct one from the other and brackets with a blank space between same shall be printed beside each statement, and the voters shall indicate their preference by an appropriate mark placed by the statement of their choice. Ballots. Section 23. If a majority of the voters voting in said election shall mark their ballots For Sunny Side, Georgia, being incorporated and having a mayor and council, then this Act shall

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become effective immediately. If a majority of the voters voting in said election shall mark their ballot Against Sunny Side, Georgia, being incorporated and having a mayor and council, then the provisions of said Act approved December 20, 1897, and the provisions of this Act shall be repealed and void and of no further force and effect, provided that, in this event, said mayor and council shall have thirty (30) days to dispose of any property owned by said city and to distribute the proceeds therefrom and all other funds entrusted to them pro rata to all tax payers residing in or owning property in said city. Effect of vote. Section 24. The superintendents of said election shall certify the results of said election and present said certification to the mayor and council within twenty-four (24) hours after the polls are closed. The results of said election shall be entered upon the minutes of said city at the next meeting of the mayor and council following said election. Section 25. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 26. Attached hereto and made a part hereof is copy of notice of intention to introduce this Act and the affidavit of publisher that this notice has been published as provided for by law. Legal 8191 Georgia, Spalding County. Notice. You are hereby notified that the undersigned will introduce for passage in the 1950 session of the General Assembly of Georgia a local or special bill entitled: An Act to repeal an Act approved December 20, 1897 incorporating the Village of Sunny Side; to incorporate the City of Sunny Side and provide a new charter for the government of said city, provide for officers thereof and for other purposes. E. G. Harper, Representative Spalding County Arthur K. Bolton, Representative Spalding County A. G. Swint, Senator, 26th District Members of the General Assembly of Georgia.

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Georgia, Spalding County. Personally appeared before me the undersigned officer authorized to administer oaths, Quimby Melton Sr., who, after being duly sworn deposes and says that he is publisher of the Griffin Daily News and that the foregoing notice of intention to apply for local legislation was published in the Griffin Daily News on three separate occasions in three different weeks during the period of sixty days immediately preceding January 24, 1950. This 23rd day of January, 1950. Quimby Melton, Sr. Quimby Melton, Sr. Publisher, Griffin Daily News Sworn to and subscribed before me this 23 day of January, 1950. John J. Flynt Jr. Notary Public Spalding Co. Ga. Approved February 17, 1950. ATLANTA CHARTERCONSTRUCTION OF TERM. No. 736 (House Bill No. 953). 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. Notice of the intention to apply for the passage of this local bill has been published in the newspapers in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, and

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in the DeKalb New Era, the paper in which the sheriff's advertisements for DeKalb County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. The term all employees of the city as used in the charter, as amended, relating to group and health insurance for employees, shall be construed to mean and include therein officers and those officers and employees who have retired and are receiving a pension. Employees, how construed. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta By J. C. Savage, City Attorney, 803 C S Natl Bk Bldg.

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This the 23 day of January, 1950. (s) Luther Alverson Sworn to and subscribed before me, this the 24 day of January, 1950. (s) Mrs. Louise S. Nicholson (Notarial Seal) Notary Public. Approved February 17, 1950. ALMACHARTER AMENDMENTS. No. 740 (House Bill No. 971). An Act to amend an Act entitled An Act to create a new charter for the Town of Alma (now City of Alma) in Appling County (now Bacon), and to incorporate said town and prescribe its limits; to provide for a mayor and councilmen for said town, and to prescribe their duties and powers; and for other purposes, approved August 21, 1906; so as to provide that the mayor of said City of Alma shall be elected for a term of two years and fix his salary, and for other purposes; and to repeal all conflicting laws: Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same: That from and after the passage and approval of this Act that Section 3 of the Act of the Legislature of 1906, page 497 as follows be and the same is hereby repealed: Be it further enacted, that the government of said town shall be vested in a town council composed of a mayor and five councilmen. The present incumbents s mayor and councilmen shall continue in office as mayor and councilmen of the Town of Alma under the provisions of this charter until an election shall be held and their successors are qualified. That an election shall be held at the council chamber, or such other place in said town as the mayor of said town shall direct and designate, on the second Saturday in December 1906, and on the second Saturday in each year thereafter, for mayor and five councilmen, who shall hold their offices for one year beginning January 1st next after the election of each year, or

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until their successors are elected and qualified; and should there fail to be an election held in said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places and advertising said notice in any public gazette having a circulation in said town; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not be open before nine o'clock, and shall be closed at four o'clock p.m. The qualifications of voters at such elections shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation, and the new Section in lieu thereof as follows be substituted: Sec. 3, Act of 1906, amended. Section 3. Be it further enacted, that the government of said city shall be vested in a city council composed of a mayor and five councilmen. The present incumbents as mayor and councilmen shall continue in office as mayor and councilmen of the City of Alma under the provisions of this charter until the expiration of the terms for which they have already been elected, and until their successors are elected and qualified. That an election shall be held at the council chamber, or such other place in said city as the mayor of said city shall direct and designate, on the second Saturday in December 1951, and on the second Saturday in each year thereafter for councilmen, as now provided by law. At said election on the 2nd Saturday in December 1951 an election shall be held for mayor of the said City of Alma for term of two years, or until his successor is elected and qualified, and thereafter the mayor of the City of Alma shall be elected for a term of two years, or until his successor is elected and qualified; and should there fail to be an election held in said city at the time above specified, from any cause whatever, the mayor of said city shall order an election held in said city by posting a notice in three public places and advertising said notice in any public gazette having a circulation in said city; said notice shall be posted ten days before said election. The polls at all elections under this charter shall not be open before nine o'clock a.m., and shall be closed at four o'clock p.m. The qualifications of voters at such election shall be such as are required for electors for the

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General Assembly, and in addition thereto, residence within the corporate limits of said city for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. New Sec 3. Mayor and councilmen. Election. The salary of said Mayor shall be not less than $300.00 per annum, and not more than $500.00 per annum, said amount to be determined by the city council of the City of Alma, and fixed by an ordinance of the same. Mayor's salary. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Notice of Proposed Legislation. In compliance with Article 3, Section 7, Paragraph 15 of the Constitution of Georgia, notice is hereby given that at the next session of the General Assembly of Georgia, 1950, legislation will be proposed amending the charter of the City of Alma, and providing for a two-year term for the mayor of Alma, to provide for his qualifications and election, and to repeal all conflicting laws and for other purposes. This 4th day of January, 1950. Andrew J. Tuten Representative, Bacon County, Ga. Georgia, Fulton County. Personally appeared before me, an officer duly authorized to administer oaths, Andrew J. Tuten, who on oath deposes and says that he is a Representative in the General Assembly from Bacon County, and that he is the author of the attached bill and that the above notice of intention to introduce local legislation was published in the Alma Times, which is the official organ of Bacon County, once a week for three weeks during a period of sixty days immediately preceding the introduction of said attached bill in the House of Representatives. This 26 day of January 1950. Andrew J. Tuten

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Sworn to and subscribed before me this 26th day of January 1950. Walter C. Adkins, N. P. Notary Public State at Large, Georgia Approved February 17, 1950. EATONTONTAX ASSESSORS. No. 741 (House Bill No. 978). An Act to amend the charter of the City of Eatonton, as found in Georgia Laws of 1908, page 620 et seq., and all Acts amendatory thereof, by repealing Subsection (4), Section 28, of said Act, providing for a board of tax assessors to be elected by the people annually at the regular city election; to provide for a board of tax assessors under the general laws as found in Section 92-4001, Code of Georgia, 1933; to fix the effective date of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, that the charter of the City of Eatonton, as found in Georgia Laws of 1908, page 620 et seq., and all Acts amendatory thereof, be and the same is hereby amended by repealing Subsection (4), Section 28, providing for a board of tax assessors to be elected by the people annually at the regular city election, in its entirety; and by substituting a new Subsection (4), Section 28, the following: Sec. 28, Act of 1908, amended. The mayor and council of the City of Eatonton are authorized, at their option, to elect three freeholders, residing in the City of Eatonton, as assessors, who shall value and assess all of the property within the City of Eatonton subject to taxation. All persons dissatisfied with the value placed on their properties shall appear before said assessors and produce evidence as to the value of the property, and the decision of said assessors, after hearing the evidence, shall be final. Tax assessors. Section 2. Be it further enacted by the authority aforesaid,

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that said Section 28 of the Charter of the City of Eatonton, as amended, be and the same is hereby further amended by adding a new subsection to be numbered (5), reading as follows: The tax assessors of the City of Eatonton shall receive compensation not exceeding $5.00 per day each when officially engaged in the performance of their duties; and shall have all the powers of a court to compel the attendance of parties and witnesses, and to enforce the same by attachments for contempt; such attachments to be returned to the police court, and the offenders, if convicted, to be punished as if in contempt of said court. Compensation. Powers. Section 3. Be it further enacted that this Act shall not take effect until it shall have been ratified at a regular city election held within two years from the date of approval of this Act, by a majority of these voting in said election. The mayor and council shall give notice of the submission of this Act to the voters for ratification or rejection, by publication for four weeks next preceding said election, in the official gazette published in the County of Putnam. The mayor and council shall prescribe the form of ballot to be used, and shall declare the result. Referendum. 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. Notice of Local Legislation. Notice is hereby given that a special local bill will be introduced in the General Assembly of the State of Georgia, at its special session to be held in January, 1950, the caption of which is as follows: An Act to amend the charter of the City of Eatonton, as found in Georgia Laws of 1908, page 620 et seq., and all Acts amendatory thereof, by repealing Subsection (4), Section 28, of said Act, providing for a board of tax assessors to be elected by the people annually at the regular city election; to provide for a board of tax assessors under the general laws as found in Section 92-4001, Code of Georgia, 1933; to fix the effective date of this Act; and for other purposes. Georgia, Putnam County.

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I, T. A. Gregory, publisher of the Eatonton Messenger, the newspaper in said county in which sheriff's advertisements are published, do hereby certify that the foregoing is a true copy of notice of special legislation published once each week for three separate weeks in said Eatonton Messenger during the 60 day period beginning December 15, 1949, specifically, in the issues of December 15, 1949, December 22, 1949, and December 29, 1949. This the 23rd day of January, 1950. (s) T. A. Gregory, Jr. Approved February 17, 1950. CHATTOOGA CITY COURTAMENDMENTS. No. 742 (House Bill No. 982). An Act to amend an 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 40 in its entirety and by re-writing said section so as to provide that the rules of civil procedure, pleading, and practice in civil actions, approved February 1, 1946 Georgia Laws 1946, pp. 761-782), and the rules of practice and procedure for appeal or review, approved February 1 (pp. 726-761), shall apply in said city court; by adding to said Act a section designated Section 48 to provide for compensation of a court reporter; and by striking from said Act Section 2 in its entirety as said section was amended by an Act approved February 23, 1943, (Georgia Laws 1943, pp. 728-731), and by re-writing said section so as to fix the salary to which the judge of said court shall be entitled: and for other purposes. Be it enacted by the General Assembly of Georgia, and is hereby enacted by authority of same: Section 1. That the Act approved March 10, 1941 (Georgia Laws 1941, 621-634), entitled an Act to establish the City Court of Chattooga County be, and said Act is hereby amended by striking from said Act Section 40 in its entirety and by re-writing

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said section as that said Section 40 of said Act when so rewritten and amended shall read as follows: Sec. 40, Act of 1941, amended. Section 40. That the rules of procedure, pleading, and practice in civil actions as adopted and set out in an Act approved February 1, 1946 (Georgia Laws 1946, pages 761-782), and the rules of practice and procedure for appeal or review, approved February 1, 1946 (Georgia Laws 1946, pages 726-761), shall apply to and be effective in said City Court of Chattooga County, as to all suits and actions which shall be commenced subsequent to the date of the approval of this Act. Practice and procedure. Section 2. 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 adding to said Act a section designated as Section 48 to read as follows: Sec. 48 added. Section 48. That there shall be a court reporter of the City Court of Chattooga County, who may be any qualified person appointed by the judge of said court, said court reporter to serve at the pleasure of the judge of said court. Court reporter. Such court reporter shall receive as compensation for attendance upon said court, the sum of $15.00 per day, whether civil or criminal matters are considered by said court, which sums shall be paid by the county treasurer, or other officer having charge of the funds of said county, on the certificate and order of the judge of said court as to the number of days such court recorder has been in attendance upon said court. Compensation. The compensation of such court reporter as to the taking down and recording the evidence as well as the writing out of testimony, in both criminal and civil cases, shall be the same as provided by the general laws as to court reporters of the superior courts. Section 3. 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 the said Act is hereby amended by striking in its entirety Section 2 as amended by an Act approved February 23, 1943 (Georgia Laws 1943, pages 728-731), and by re-writing said section to read as follows: Sec. 2 amended.

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Section 2. That there shall be a judge of said city court, who shall be elected by the qualified voters of said County of Chattooga, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections provided, that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of three thousand dollars ($3,000.00) per annum, and which shall be paid monthly by the Treasurer of the County of Chattooga or other officer having charge of county funds, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge may practice law in any court except his own. Said annual salary of the Judge of the City Court of Chattooga County shall be paid in monthly installments of $250.00 each, from and after the effective date of this Act. Judge. Qualifications, appointment, etc. Salary. Section 3. 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 invalid. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. State of Georgia, County of Chattooga. Personally appearing before me came D. T. Espy, who after being duly sworn states: The notice hereto attached was published as provided by law in the Summerville News of Chattooga County, Georgia, an official organ in which the sheriff's advertisements are published. I further certify that I am the editor and manager of the Summerville News and that said notice has been published as

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provided by Code Section 47-801 of the Georgia Code of 1933 and Code Section 2-1915 of the Georgia Code of 1933. D. T. Espy Editor and Manager Sworn to and subscribed before me this 3rd day of January, 1950. Faye M. Cooper N. P. Ga. State at Large Notice. Notice is hereby given in accordance with Code Section 47-801 of the Code of Georgia 1933, and Article 3, Paragraph 15 of the Constitution of the State of Georgia, that a local bill will be introduced during the present meeting of the General Assembly of the State of Georgia. Said bill is to amend the Act establishing the City Court of Chattooga County, passed in 1941, found in Georgia Laws 1941 at Page 621. Bobbie Lee Cook, Representative Chattooga County Approved February 17, 1950. AUGUSTA MUNICIPAL COURTSALARIES No. 744 (House Bill No. 990) An Act to amend an Act approved February 25, 1949 (Acts 1949, page 2070 et seq.) entitled An Act to amend `An Act to abolish justice courts and the officers of the justice of the peace, and notary public ex officio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a municipal court in and for the City of Augusta; to define its jurisdiction and power, to provide for the election of a judge and clerk and sheriff, and the appointment of other officers thereof; to define their powers and duties and to fix their compensation; to provide for rules and procedure and new trials in said court and writs of error therefrom; and for other purposes,' amended by an Act approved March 24, 1933 (Acts 1933, pages 209-307) and

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amended by an Act approved March 21st, 1935 (Acts 1935, pages 505-508); and amended by an Act approved December 29, 1937, (Acts 1937, pages 675 et seq.); to enlarge the jurisdiction of said court to regulate and define the procedure in said court and make certain changes therein, to provide the manner of appointments of assistants to the clerk and sheriff; to fix the qualifications of the office of the judge of said court; to provide the manner for holding elections for judge, clerk and sheriff; to change the manner of making up panels of jurors, to provide for trials by jury in certain cases, and to fix the costs in certain cases; and for other purposes; to change the salary of clerk from $3,105.00 per annum to $3,600.00 and to change the salary of chief deputy clerk from $2,070.00 per annum to $2,400.00; and to provide for the salaries of the deputy clerks as to what they shall be; to change salary of sheriff from $3,105.00 to $3,600.00 per annum; and to provide for the salaries of the deputy sheriffs as to what they shall be; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That Section 3, of the Act approved March 6, 1945, pages 982-983-984, whose caption is set forth in the caption thereof, be and the same is hereby amended so as to strike therefrom Section 3, of said Act approved March 6, 1945, and by inserting in lieu thereof, the following, to wit: Sec. 3, Act of 1945, amended. Section 3. Be it further enacted by the authority aforesaid that the salary of the judge of said municipal court shall be $5,750.00 per annum; the salary of the clerk of said court shall be $3,600.00 per annum, the salary of the chief deputy clerk shall be $2,400.00 per annum; and the clerk of said court shall have power by and with the consent of the judge of said court, to appoint two deputy clerks at $2,070.00 salary per annum; and the clerk of said court shall have the power, by and with the consent of the judge of said court, to appoint a deputy clerk or deputy clerks, as the business of said court may demand at a salary not to exceed six dollars per diem. The salary of the sheriff of said court shall be $3,600.00 per annum, the salaries of the deputy sheriffs shall be $2,400.00 per annum, and the sheriff of said court shall have power by and with the consent

Page 2644

of the judge of said court to appoint three deputy sheriffs at $2,070.00 per annum. And with the consent of the judge of said court a deputy sheriff or deputy sheriffs, as the business of said court may demand, at a salary not to exceed six dollars per diem. Provided nevertheless that said deputy sheriff or deputy sheriffs shall serve only during such time as both the judge and the sheriff may deem their services necessary for the best interest of the court. Any such deputy or bailiff may be discharged by the judge or sheriff at any time, and any such vacancy or vacancies thus created be filled in the same manner as such officers were originally appointed under the Act as amended. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of Richmond County, Georgia upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of said county, and charged as a part of the court expenses of said court. Salaries of judge, sheriff, deputies, etc. Section 2. Be it further enacted by the authority of the same this Act shall be effective as of January 1, 1950. Section 3. Be it further enacted by the authority of the same that hereto attached is a copy of the advertisement of intention to apply for this Act, that ran in the legal gazette for Richmond County, Georgia, in which the sheriff's advertisements run, which is by reference incorporated herein and made a part of this Act. Section 4. Be it further enacted that if any section of provision of this Act shall be held unconstitutional or invalid by any court of competent jurisdiction, it shall not effect the validity and constitutionality of the remainder of this Act. If part invalid. Section 5. Be it further enacted by the authority aforesaid, that all laws and parts of the law in conflict herewith, be, and the same are hereby repealed. (s) Rodney S. Cohen, Jr., Representative of Richmond County, Ga., (s) John C. Bell, Representative of Richmond County, Ga., (s) W. Roscoe Coleman, Representative of Richmond County, Ga.

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Personally appeared before the undersigned, an officer duly authorized to administer oaths, came John C. Bell, Rodney S. Cohen, Jr., and W. R. Coleman, who having been sworn, depose and say that they are the authors of the attached local legislation effecting Richmond County and that the notice attached hereto was published in the Augusta Herald, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertsements on December 23, 30, 1949 and January 6, 13, 1950. (s) Rodney S. Cohen, Jr. (s) John C. Bell (s) W. Roscoe Coleman Sworn to and subscribed before me, this 25th day of January, 1950. (s) Robert J. Goldin Notary Public, Richmond Co., Ga. Notice to the Public. Notice is hereby given to the public that the undersigned will introduce at the 1949-1950 session of the General Assembly of Georgia a local bill for Richmond County, which will amend an Act of the General Assembly of Georgia Acts of 1933, pages 299-307, and the amendatory Acts thereof, which is an Act to create for the City of Augusta a municipal court. The local legislation which is to be introduced will be to increase the salaries of the sheriff, deputy sheriffs, and clerks of said municipal court. This 20th day of December, 1949. John C. Bell, Representative of General Assembly, Richmond County Georgia Affidavit of Publication. Attorney or Agency: Franklin H. Pierce Business: Attorney State of Georgia, Richmond County. Personally appeared G. R. Boswell, who being duly sworn says that he is the business manager of the Augusta Herald,

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a daily newspaper published in Augusta, in said State and county, and that the advertisement Notice to the Public: Local Bill for Richmond County duly appeared in said newspaper on the following dates to wit: December 23-30, 1949, January 6-13, 1950. (s) G. R. Boswell Sworn to and subscribed before me this 16th day of January, 1950. (s) Edith Loyal (Notarial Seal) Notary Public, Richmond County, Ga. My commission expires March 24, 1951. Approved February 17, 1950. LOCAL GOVERNMENT COMMISSION OF CITY OF ATLANTA AND FULTON COUNTYAMENDMENTS. No. 745 (House Bill No. 1002). An Act to amend an Act establishing a local government commission in Atlanta and Fulton County, approved February 18, 1949 (Georgia Laws, Extra Session 1948, Regular Session 1949, pp. 921-924), by providing that said commission may hold an advisory referendum: By extending the existence of the local government commission of Fulton County: By further defining its duties, powers and purposes: By providing for its support: And for 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 establishing a local government commission in Atlanta and Fulton County, approved February 18, 1949 (Georgia Laws, Extra Session 1948, Regular Session 1949, pp. 921-924) is hereby amended by adding thereto the following numbered sections: Act of 1945 amended. Section XIII. (a) Said commission has heretofore recommended

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that the corporate limits of the City of Atlanta be extended so as to include all of the following area: Beginning at the point where the corporate limits of the City of Atlanta cross Moreland Avenue at the dividing line between Fulton and DeKalb Counties and running thence southerly along said dividing line between Fulton and DeKalb Counties to the northern boundary line of Clayton County; thence westerly along the dividing line between Fulton and Clayton Counties to the point where said dividing line intersects the present corporate limits of the City of Hapeville; thence northerly and westerly along the easterly and northerly lines of the corporate limits of the City of Hapeville to the point where said limits intersect the present east line of the corporate limits of the City of East Point; thence northerly and westerly along the easterly and northerly lines of the present corporate limits of the City of East Point to the southeast corner of Land Lot 218 of the 14th District of Fulton County; thence west along the south lines of Land Lots 218 and 231 of the 14th District of Fulton County to the southwest corner of said Land Lot 231; thence north along the west side of Land Lots 231, 232, 233, 234, 235, and 236 of the 14th District of Fulton County to the northwest corner of said Land Lot 236; thence west along the south line of Land Lot 244 of the 14th District of Fulton County to the southwest corner of said Land Lot 244; thence south along the east line of Land Lot 13 of the 14th District of Fulton (formerly Fayette) County to the southeast corner of said Land Lot 13; thence west along the south line of said Land Lot 13 to the southwest corner of said Land Lot 13; thence north along the west lines of Land Lots 13, 14, 15, 16, 17 and 18 of the 14th District of Fulton (formerly Fayette) County to the southeast bank of the Chattahoochee River; thence in a northeasterly direction and following the curvature of the said Chattahoochee River to the point of intersection with the north line of Land Lot 214 of the 17th District of Fulton County; thence east along the north lines of Land Lots 214, 201, 178, 161, 138, 118, 95, 65, 42 and 12 of the 17th District of Fulton County to the dividing line between Fulton and DeKalb Counties; thence south along the dividing line between Fulton and DeKalb Counties to the point of intersection with the present corporate limits of the City of Atlanta at the northeast corner of Land Lot 3 of the 17th District of Fulton County;

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thence westerly and following the present corporate limits of the City of Atlanta to the point of beginning. Proposed corporate limits, City of Atlanta. (b) Said commission shall hold an advisory referendum at the same time as the Democratic primary election in the year 1950, submitting to the voters of the City of Atlanta and of the proposed extended area, as above described, separately, for their approval or disapproval of such proposed extension and such other recommendations or plans as the local government commission may make in regard to the local governments of the City of Atlanta and Fulton County, provided, however, that a majority of those voting in the City of Atlanta and a majority of those voting in the area of the proposed extension as above described, voting separately, shall be necessary to constitute an approval of such proposed extension and such proposed recommendations or plans. Advisory referendum. Section XIV. Said commission shall be and hereby is continued in existence until July 1, 1951. Commission continued. Section XV. Said commission shall continue the study of the problems of local governments in Fulton County and in the municipalities lying wholly or partly therein and may propose and submit additional or alternate plans for their improvement to subsequent sessions of the General Assembly and shall also supervise the drafting of specific constitutional amendments or bills necessary and proper to effectuate its said plan or plans or any part thereof and to include such in its report to this body. Studies and reports. Section XVI. There is hereby appropriated out of the funds of the County of Fulton derived from sources other than taxes the sum of $4,000.00 and out of the funds of the City of Atlanta the sum of $4,000.00 for the purpose of holding the advisory referendum hereinabove referred to and for the continued operation of said local government commission. Said sums shall be paid on requisitions by the local government commission signed by the chairman and secretary-treasurer of said commission and shall be paid by the official in charge of county or city funds. Appropriation. Section 2. A copy of notice of intention to apply for this local legislation and the affidavit of the author showing such publication are attached hereto and made a part of this bill,

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and it is hereby declared that all the requirements of the Constitution relating to publication of notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly of the State of Georgia, convening in 1950 for passage of local legislation amending the Act of the General Assembly, approved February 18, 1949, creating the Local Government Commission for the City of Atlanta and Fulton County (Georgia Laws 1949, p. 921 and following) by providing that the local government commission may hold an advisory referendum at the same time as the Democratic primary election in September, 1950, submitting to the voters of Fulton County and the City of Atlanta or in such areas thereof as the local government commission may direct for their approval or disapproval, such recommendations as the local government commission may make in regard to the local governments of the City of Atlanta and Fulton County; by providing further that the life of said local government commission shall be extended to July 1, 1951, and by providing funds for the holding of said referendum and for the continued operation of said local government commission. By: Luther Alverson. 12-29-3t

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This the..... day of....., 1950. Luther Alverson Sworn to and subscribed before me, this the 30 day of January, 1950. Edna W. Duncan Notary Public, (SEAL) Notary Public, Fulton County, Georgia. My commission expires April 1, 1952. Approved February 17, 1950. SHELLMAN CHARTER AMENDMENTS. No. 746 (House Bill No. 1012). An Act to create a method of election of a mayor and council in and for the Town of Shellman, Georgia, in lieu of the present existing method of election, and to amend the charter of said Town of Shellman for the purpose of establishing rules and regulations regarding elections of its corporate officers, setting fees for the same; providing for times of meetings for the same; and for other purposes: Section 1. Be in enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after passage of this Act, the charter of the Town of Shellman, in Randolph County, Georgia, is hereby amended for the purposes hereinafter set forth. Section 2. Be it enacted further, that the present mayor and council of the Town of Shellman, shall continue in the offices to which they were elected until their successors are elected and qualified; and said mayor and council shall have and exercise all the rights, powers, duties and authority conferred upon the mayor and councilmen of said town by virtue of this charter. Mayor and council. Section 3. Be it further enacted, that the mayor of the Town of Shellman shall be elected as herein prescribed and shall hold office for a term of 2 years and until his successor is elected and qualified. Mayor's election and term.

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Section 4. Be it further enacted, that the first election under this charter shall be held on the first Monday after the first Sunday in November, 1950, at which time there shall be elected by the qualified voters of said town a mayor and 5 councilmen, each of said councilmen to hold office for the term of two years, and until their successors shall be elected and qualified. Election of mayor and councilmen. Bi-annually thereafter on the same day in the same month councilmen shall be elected by the qualified voters of said town, who shall serve for a term of 2 years and until their successors shall be elected and qualified, and each two years thereafter on the same day in the same month the mayor shall be elected by the qualified voters of said town. Section 5. Be it further enacted, that should a failure of said election at any time happen, the same may be held at any time thereafter upon thirty days notice, either by the town council of Shellman, or any twenty-five (25) of the qualified voters of said town. Should a vacancy occur in the office of the mayor or councilman for any cause, then and in that event, an election to fill such vacancy shall be held upon thirty days notice being given by the remaining members of the town council of Shellman, or should all resign, by thirty days notice of any twenty-five (25) of the qualified voters of said town. Said elections shall be held at the place of holding election for mayor and councilmen and shall in all other respects be regulated, managed and controlled as said elections. Failure of election. Vacancies. Section 6. Be it enacted further, that any person who desires to qualify as a candidate for the office of mayor or for the office of councilman for the Town of Shellman, as herein provided, if otherwise qualified, shall file a written notice of his intention to run for either of such offices, with the clerk of the Town of Shellman, not less than thirty (30) days before the day of the election, and in the event that thirty (30) days before the election falls of Sunday or a holiday, then said notice shall be filed with said clerk before six o'clock, p. m., Standard Time, on the next succeeding day that is not a holiday or a Sunday. Except however, that the nominee of any political party may certify the name or names of any candidate or candidates desiring to run under color of such party. No fees shall be required by a candidate for any of said offices, and no write-in

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candidates shall be counted, unless there is no person offering for the office for which a write-in candidate may be nominated. Notice of candidacy. Section 7. Be it enacted further that following the closing date for entries of candidates as herein provided, the clerk of the Town of Shellman, shall proceed to formulate and have printed a ballot to be used in the coming election and the expense of the same shall be paid out of the funds of the Town of Shellman. Said ballot shall be approved and subject to such changes as the mayor and council then in office shall desire to make, giving full and equal opportunity to any and all candidates seeking office. Said clerk shall disclose to any person desiring information of the same the names of all parties that have duly qualified for the coming election, or entitled to vote in any election. Ballots. Section 8. Be it further enacted, that the term of office of the mayor and councilmen elected under the provisions of this charter shall commence on the first Monday of the December following their elections, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officer elected to fill the vacancy, shall be qualified immediately upon the declaration of the result of his election, and shall fill the unexpired term of the officer whose term he fills. When terms commence. On the first Monday in December after their election the mayor and councilmen elect shall meet at the council chamber of said town for the purpose of organization, and they shall severally take, before some officer authorized to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be), of the Town of Shellman, during my term of office, and that I will faithfully enforce the laws and ordinances of said town to the best of my ability without fear or favor, and in all my actions as mayor (or councilman) act as I believe for the best interest of said town, so help me God. Should the mayor or any councilman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. Oath of mayor and councilmen. Section 9. Be it further enacted, that regular meetings of the town council of Shellman shall be held at the council chamber of said town on the first Monday in each month at which time

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all regular business concerning the welfare of said town shall be transacted, but special or called meetings may be held when public emergency may require; and they may also hold adjourned meetings which shall be considered as of the meeting adjourned. Meetings. Section 10. Be it further enacted, that all elections held under the provisions of this charter and all elections in which any subject or question is submitted to the qualified voters of the Town of Shellman, shall be managed by a justice of the peace or some other judicial officer, and two freeholders, who are citizens of said town and own real estate therein, or by three freeholders all of whom shall be citizens of said town and own real estate therein; and said managers before entering on their duties, shall take and subscribe before some justice of the peace or other officer officially qualified to administer oaths, the following oath: We do swear that we will faithfully and impartially conduct this election according to law, and to prevent illegal voting, to the best of our skill and knowledge and make true returns thereof, so help us God. Election managers. Oath. Said managers shall keep or cause to be kept two lists of voters at said elections and two tally sheets. All elections shall be held at the council chamber in said town, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m. and be closed at five o'clock p. m., but said managers shall have the right to suspend the election two hours for dinner. Election regulations. The person receiving the highest number of legal votes for the respective offices shall be elected. The managers and clerks of all elections held under the provisions of this charter shall be named and appointed by the mayor and councilmen, prior to the elections, who shall determine and provide for the pay for the managers and such clerks as may be necessary to hold said election. The mayor and council then in office shall have the right to designate other hours of holding said elections, provided the hours designated, and notice thereof shall be posted in three public places in said city for thirty days prior to an election. Section 11. Be it further enacted, that after each election the managers thereof shall immediately make out and sign a

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certificate of return under oath of the election; said certificate shall give the name of each candidate voted for; the number of votes received by each and the office for which he is a candidate. One copy of said return together with all the ballots voted, the voter lists, and all other papers used in said election shall be by them delivered under seal to the clerk of the town council of Shellman, and a certificate showing the result of said election shall be by them delivered to the clerk of the town council of Shellman before twelve, noon, the day following the election; whereupon it shall be the duty of said clerk to declare the result of said election and record the same upon the minutes of the said town council of Shellman. All election returns, ballots, lists and other papers so deposited with the clerk of the town council under seal shall be by him kept for the space of twenty days after said election and then be by him destroyed without examination, provided no contest is had. In the event of a contest it shall be his duty to keep all the papers until called upon to produce them in the court having jurisdiction of the contest, and after such contest shall have been concluded he shall destroy all papers without examination. Declaration of results. Section 12. Be it further enacted, that all persons qualified to vote in this State for members of the General Assembly, who shall have resided in said town three months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said town, shall be qualified to vote at any election held under the provisions of this charter. Qualified voters. Section 13. Be it further enacted, that it shall be the duty of the clerk of said town, on the first Monday in September of each year, to open the registration books for the registration of the qualified voters of said town. Said books shall be kept open at such hours as the mayor and councilmen may prescribe, each and every day (Sunday and legal holidays excepted), until Wednesday before the election when it shall be fairly and absolutely closed. It shall be the duty of the clerk upon application in person and not by proxy, of any male or female citizen who is qualified to vote for the members of the General Assembly, who upon the day of the election, if then a resident, will then have resided in said town three months prior thereto, to allow such persons to register his name in said book of registration

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said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before allowing the applicant to register administer to him the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the Town of Shellman for three months next preceding this registration, or that by the date next election held in and for said town, if then a resident, you will have done so; that you are twenty-one years of age, or will be so prior to said day of election; so help you God. Provided however, that any person that shall have registered as provided herein, shall not be required to re-register, unless the status of said person shall have been changed, so that he or she would become disqualified to vote. Should this event take place, then any person after becoming disqualified shall be required to re-register as herein provided. Registration. Registrants' oath. It shall be the duty of the clerk of said town to prepare two lists of the names of the voters' register, in alphabetical order, after the same has been purged by the mayor and councilmen or by a committee appointed by the mayor and councilmen, and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall permit no one to vote in said election whose name does not appear thereon. Voters' lists. For any intermediate, or special election, in said town for any purposes, the clerk shall open the registration books at least thirty days before the date fixed for such election, and shall close the same five days before the day of election; and shall prepare and furnish the registration lists as hereinbefore provided. Registration, special elections. Notice of the opening of the registration book for all elections shall be given in such manner as the mayor and councilmen shall prescribe at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due form and time, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said town may certify under his official signature and seal to such accidental

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ommission to place his name on said lists and that he was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election, such person shall be allowed to vote. Omission of name from list. Any person voting in any election held in said town who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting. After said registration books are closed, and prior to the day of any election which said registration is had, the mayor and councilmen shall examine, revise and purge the registration lists as made up and returned by the clerk of said town of all illegally registered voters or persons disqualified from voting for any lawful reason, provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at least twelve hours before final action thereon by the mayor and councilmen, that such person may show cause, if any, why such action should not be taken. Purging of registration lists. Section 14. Be it further enacted, that the mayor and each councilman of the Town of Shellman, shall be eligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office. No person shall be eligible to the office of the mayor of said town who is not twenty-five years of age, who has not resided in the Town of Shellman for a period of two (2) years next preceding the date of his election, and who is not a qualified voter of said town. No person shall be eligible to the office of councilman of the Town of Shellman who is not twenty-one years of age; who has not resided in the Town of Shellman for the period of not less than two (2) years prior to his election and who is not a qualified voter of said town. Qualifications, mayor and councilmen. Section 15. Be it further enacted, that at the first regular meeting of the town council of Shellman, on the first Monday in December of each year, they shall elect one of their number mayor pro tempore, for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy

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in said office, be vested with all the authority of the mayor and as such execute all the duties of the mayor. Mayor pro tem. The town council shall also, at said meetings elect for said town a chief of police, and as many policemen as they deem necessary, a clerk and treasurer; one person hereby being made eligible to fill both offices; a city attorney, superintendent of waterworks and electric lights, a chief engineer, who may hold any other position in said town government, the duties of which do not conflict therewith; and they may elect such other officers and employees of said town as they may deem necessary, and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office. Other officers. Each of said officers shall take such oaths of office, give such bonds, and perform such duties as shall be fixed by ordinance, and the town council of Shellman shall have power and authority to suspend and remove such officers from office, or impose fines on said officers for gross neglect or malfeasance after a fair and impartial trial. Section 16. Be it further enacted, that the mayor and councilmen shall receive such salary or compensation as the Town Council of Shellman may prescribe, which shall not be increased or diminished during their term of office. Compensation, mayor and councilmen. Section 17. Be it further enacted, that the mayor and councilmen, now existing, or hereafter elected under the provisions of this charter, shall have full power and authority to pass such further ordinances, rules, or regulations, regarding elections, as they shall deem fit, except however, that no fees for qualification of a candidate to run for the office of mayor or councilman, shall be charged in excess of ten dollars for mayor, and three dollars for councilman, excepting however, that said mayor and councilmen shall set such entrance fees, less than these amounts as they may see fit. Election regulations. Section 18. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive, but the town council of Shellman, and the authorities of said town may exercise all powers, rights, and jurisdictions as

Page 2658

they might if such enumerations were not made, and the town council may pass all laws and ordinances, rules and regulations, that they may deem needful and proper for the general welfare and protection of said town, and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully prescribed, the town council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of this State. Enumeration of powers not restrictive. Section 19. 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. Georgia, Randolph County. Personally appeared before me, the undersigned officer, in and for said State and county, capable of administering oaths, Sherwood M. Broome, who on first being duly sworn, says and deposes that he is editor and publisher of the Cuthbert Times, the official organ of Randolph County, Georgia, and being of general circulation in said county, and in the Town of Shellman therein, and that the clipping of advertisement hereto attached has been published in said newspaper for three weeks, to wit, on the 12th, 19th, and 26th days of January, 1950, and the costs of the same payed. (s) Sherwood M. Broome Sherwood M. Broome Sworn to and subscribed before me this 28th day of January, 1950. Frances P. Stewart, N. P. (Notarial Seal) Notary Public, Georgia State at Large. Notice of Intention to Ask Local Legislation. In accordance with Sec. 2-1915 of the Constitution of the State of Georgia; this is to notify all persons that I will apply for a bill and introduce the same at the 1950 term of the legislature of this State, asking for an amendment or amendments to the charter of the Town of Shellman as it now exists, so as to create a method of election of a mayor and council in and for said Town of Shellman, in lieu of the present existing method

Page 2659

of election, and to establish rules and regulations regarding elections, voters, candidates and their qualifications, for the corporate officers of said town, and for other purposes. This 12th day of January, 1950. Respectfully submitted, W. H. Lockett, Representative, Randolph County, Georgia. Approved February 17, 1950. HAPEVILLE MERIT SYSTEM ACT. No. 747 (House Bill No. 1047). An Act to amend the charter of the City of Hapeville and the several Acts amendatory thereof, incorporating the mayor and council of the City of Hapeville relating to and supplementary there, to create and establish a merit system of personnel administration for the classified employees of the city; to establish a personnel board in the City of Hapeville; to provide rules including procedures for examinations, classifications, appointments and promotions, and provide in what manner and for what reasons employees may be demoted, suspended and discharged; 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 the Act establishing the charter for the City of Hapeville, and the several Acts amendatory thereof, incorporating the mayor and council of the City of Hapeville and supplementary thereto, be and the same are hereby amended as follows: Section 1. Index to The Merit System Act. Section 2. General Purpose. Section 3. The Personnel Office. Section 4. The Personnel Director. Section 5. The Personnel Board. Section 6. Classified and Unclassified Sve. Section 7. Rules. Section 8. Status of Present Employees. Section 9. Retirement System. Section 10. Oaths. Section 11. Prohibitions. Section 12. Separability. Section 13. Effective Date.

Page 2660

Section 2. General purpose: The general purpose of this Act is to establish for the City of Hapeville a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, removal, and discipline of its employees, and other incidents of municipal employment. All appointments and promotions to positions in the city service shall be made solely on the basis of merit and fitness, to be ascertained by competitive examinations except as hereinafter specified. General purpose. Section 3. The personnel office: (a) There shall be in the City of Hapeville government a personnel office, the administrative head of which shall be a director of personnel. Personnel office. (b) There shall be a personnel board of three members with the powers and duties hereinafter enumerated. Section 4. The personnel director: (a) The mayor and council of the City of Hapeville shall appoint a personnel director who shall be required to devote sufficient time to such duties of the position. No councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. Compensation for the duties as personnel director shall not be mandatory, but, in such case, may be declared only by the city council. The personnel director shall have the right to make an appeal to the personnel board as provided for classified employees. Personnel director. (b) The personnel director shall have power and be required to (1) Upon approval of the personnel board, contract with other governments or personnel technicians for the giving of competitive examinations for any or all appointments in the classified service, maintaining classification and pay plans, inservice training programs, and all other procedures of efficient personnel administration for which the City of Hapeville is not necessarily equipped to administer; His powers and duties. Contracts for examinations. (2) Hold competitive examinations for all appointments in the classified service, restricted to persons reasonably qualified to perform duties of the position; Examinations. (3) Give wide publicity through appropriate channels in

Page 2661

each case to all announcements of competitive examinations to the end of encouraging qualified persons to take such examinations; Notice of examinations. (4) Recommend to the personnel board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this Act; Rules. (5) Maintain a classification plan based on the duties, authority, and responsibility of positions in the city service; Classification plan. (6) Maintain a pay plan in the city service; Pay plan. (7) Establish and maintain a roster of all persons in the municipal service in which there shall be set forth, as to each office and employee, (a) the class title of the position held, (b) salary or pay, (c) any changes in the class title, pay, or status, (d) such other data as may be deemed desirable or useful to produce significant facts pertaining to personnel administration; Roster of employees. (8) Certify all payrolls for persons in the classified service. No payment for personal service to any person in the classified service of the city shall be made unless the payroll voucher bears the certification of the personnel director, or agent authorized by the personnel board in absence of the director, that the persons mentioned therein have been appointed and employed in accordance with the provisions of this Act and its rules; Certification of pay rolls. (9) Foster and develop in cooperation with appointing authorities and others, programs for the improvement of employee effectiveness, including training, safety health, counceling, and welfare; Employee effectiveness. (10) Investigate periodically the operation and effect of the personnel provisions of this Act and the rules promulgated thereunder and report annually his findings and recommendations to the personnel board; Investigations and reports. (11) Attend meetings of the personnel board and act as its secretary; Secretary of personnel board. (12) Perform such other and different lawful acts and functions as he may deem necessary or desirable to enforce the purposes and provisions of this Act.

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Section 5. The personnel board : (a) There shall be a personnel board appointed by the city mayor and council, which shall designate one of these three as chairman. The first members of the board shall be appointed within 30 days after the effective date of this Act. Members of the personnel board shall serve for a term of six years, except that of the members first appointed one shall be appointed for a term of four years, and one for a term of two years. Vacancy in an unexpired term shall be filled by mayor and council by appointment for the remainder of the term. A member of the board may be removed only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. A certified copy of the charges and a transcript of the record shall be filed with the city clerk. Personnel board. (b) Each member of the board shall be a qualified elector of the city, shall be known to be in sympathy with the merit principles as applied to the merit system, shall neither hold nor be a candidate for any other public office or position, and shall not be a member of any local, state or national committee of a political party or an officer in any political club or organization. Qualifications. (c) Remuneration for members of the board shall not be mandatory. Compensation. (d) The board shall have power and be required to: Powers and duties. (1) Advise the mayor and council and the personnel director on problems concerning personnel administration; Advise with mayor. (2) Advise and assist the director in fostering the interest of institutions of learning, civic, professional, and employee organizations in the improvement of personnel standards in the municipal service; With director. (3) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service, and report to the mayor and council, at least once each year, its findings, conclusions, and recommendations. Investigations and reports. (4) Hear appeals of any officer or employee in the classified service who is suspended (except disciplinary suspensions of one to ten days), reduced in pay or position, or who has been given written notice of suspension which, unless an appeal is

Page 2663

prosecuted and sustained, shall result in his separation from the service. Decisions rendered at the conclusion of such appeal hearings shall be binding upon the officer or employee and upon the city, except that any officer or employee dissatisfied with the decision of the personnel board may appeal to mayor and council who shall have the power to reverse the findings of the personnel board, if the evidence heard, in their unanimous opinion, so warrants. Nothing herein shall preclude any officer or employee petitioning for relief to the Superior Court of Fulton County, provided his rights and remedies set out herein have been exhausted, and this fact is so stated in his petition. Appellate procedure in conformity with this section shall be amplified and set forth in detail in the body of rules established and promulgated as provided elsewhere in this Act. Appeals. (5) Perform such other duties with reference to personnel administration, not inconsistent with this Act and its rules promulgated thereunder. Section 6. Classified and unclassified service : (a) The classified service shall comprise all positions now existing or hereinafter created in the city service except those positions placed in the unclassified service. Classified service. (b) The unclassified service shall comprise the positions of: Members of the city council and all other officials elected by the people; members of boards, commissions and committees; persons employed in a professional or scientific capacity to make or conduct a temporary and specific inquiry, investigation or examination on behalf of the city council or committee thereof, or by authority of the mayor; apprentices or interns in government for all departments of the city; temporary, part-time, and seasonal positions and jobs that shall not require full-time work. Unclassified service. Section 7. Rules : With three months after the effective date of this Act, the personnel director shall prepare and recommend to the personnel board such rules as he may consider necessary, appropriate, or desirable to carry out the provisions and intentions of this Act. After a public hearing thereon, the personnel board shall approve or reject the rules wholly or in part, or may modify them, and approve them as so modified. Such rules shall be submitted within 60 days, after they are

Page 2664

recommended by the personnel director, to the council who within 30 days shall either reject or adopt them by resolution. Thereafter, the personnel board shall have power to submit amendments, repeals, or additions to the rules on the recommendation of the personnel director or its own initiative and submit such changes or additions to the rules to the council for adoption by resolution. Rules. Section 8. Status of present employees : Employees holding positions in the classified service herein for one year or more years immediately prior to the effective date of this Act shall be continued in their respective positions without further examination, unless separated from their positions as provided by the rules governing the merit system. Those holding their positions for less than one year immediately prior to the adoption of this Act shall also be continued in their respective positions provided within one year after this Act becomes effective they pass a qualifying test prescribed for their respective positions. Nothing herein shall preclude the reclassification or reallocation as provided by the rules of any position held by any such incumbent. Section 9. Retirement system : The mayor and council shall have authority to establish, or contract with any insurance corporations licensed in the City of Hapeville, or other governments, a retirement system for any or all groups of officers and employees in the service of the city. Any such retirement system shall be established on a jointly contributory basis, with officers and employees sharing a percentage of the cost with the city, except as to prior service, charges for which may be borne entirely by the city. The cost of the system shall be determined actuarially on the basis of such mortality and service tables as the council shall approve and shall be calculated and contributed as a uniform or decreasing percentage of the pay roll of members. The provisions of the ordinance establishing such a retirement system shall require periodic actuarial evaluations which shall serve as a basis of any changes in the rates of contributions and shall also provide for the maintenance at all times of adequate reserves. Each full-time officer and employee of the city at the time of the establishment of such retirement system shall become a member of the system so established and share in its benefits. Officers and employees

Page 2665

thereafter appointed in the classified service shall be required to join the system as a condition of employment. No employee shall be required to pay more than six percent of his gross salary to the retirement plan adopted. Retirement system. Section 10. Oaths, testimony, and the production of records : Any member of the personnel board shall have the power to administer oaths, subpoena witnesses, and compel the production of books and papers pertinent to any investigation or hearing authorized by this Act. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any investigation or hearing or who shall knowingly give false testimony thereon shall be guilty of a misdemeanor prescribed by the laws of Georgia. Oath, testimony, and the production of records. Section 11. Prohibitions: No person in the classified service of the city or seeking admission thereto shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of his race or his political or religious opinions of affiliations. Prohibitions. No person shall wilfully or corruptly make any false statement, certificate, mark, rating, or report in regard to any test, certification or appointment held or made under the personnel provisions of this Act or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. No person seeking employment to 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 his test, appointment, proposed appointment, promotion or proposed promotion. No person shall solicit orally, by letter, or otherwise 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 of the city. 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 public office or take part in any management,

Page 2666

affairs, or political campaign of any political party or individual, further than in the exercise of his rights as a citizen to express his opinion and cast his vote. Any person who by himself or with others wilfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia. Violations. Any person who is 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, if he be an officer or employee of the city, shall immediately forfeit the office or position he holds. Section 12. Separability : If any provision of this Act or of any rule, regulation, or order thereunder or the application of such provisions to any person or circumstances be held invalid, the remainder of this law and the application of such provision of this law or of such rule, regulation, or order to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. If part invalid. Section 13. Effective date : This Act shall become effective on...... Effective date. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 16th day of December, 1949, and once each week thereafter for 6 consecutive weeks as provided by law. A. M. Kempton

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Subscribed and sworn to before me this 31st day of January, 1950. Bessie K. Crowell (SEAL) Notary Public, Fulton County, Georgia. My commission expires Feb. 7, 1950. Notice. Notice is hereby given that the City of Hapeville intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to provide for a plan of civil service for certain employees of said city, and to provide rules and regulations governing the employment and discharge of certain employees of said city, and for other purposes. This 25th day of November, 1949. City of Hapeville, By: Rex T. Reeves. City Attorney. Dec. 16, 23, 30 tfn Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 16th day of December, 1949, and once each week thereafter for 6 consecutive weeks as provided by law. A. M. Kempton, Subscribed and sworn to before me this 31st day of January, 1950. Bessie K. Crowell (SEAL) Notary Public, Fulton County, Georgia. My commission expires Feb. 7, 1950.

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Notice. Notice is hereby given that the City of Hapeville intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to provide for a pension retirement system and for a pension retirement fund for city employees, and to provide for payment by city employees into said fund, and for contributions into said fund from the city treasury, and for other purposes. This 25th day of November, 1949. City of Hapeville, By: Rex T. Reeves. City Attorney. Dec. 16, 23, 30 tfn Approved February 17, 1950. SAVANNAH PENSION SYSTEMAMENDMENTS. No. 751 (Senate Bill No. 213). An Act to amend an Act of the General Assembly of the State of Georgia, incorporated in the Acts of 1947, pages 935 to 938, inclusive, as amended by an Act of the General Assembly of Georgia, approved February 17, 1949, as set forth in the Acts of the General Assembly of Georgia of 1949, pages 774 to 777, inclusive, which Act and amendment set up and establish a pension system for the employees of the Mayor and Aldermen of the City of Savannah, by providing for the payment of pensions to employees who are heads of departments of said City of Savannah; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority aforesaid, as follows: Section 1. That an Act of the General Assembly of Georgia approved March 27, 1945, incorporated in the Acts of the General Assembly of 1947, on pages 935 to 938, inclusive, as amended by an Act of the General Assembly of Georgia, approved February 17, 1949, which is set forth in the Acts of the General

Page 2669

Assembly of 1949, pages 774 to 777, inclusive, be, and the same is hereby, amended, by adding thereto an additional paragraph immediately following Section Four (d) which shall read as follows: Section Four (e). Be it further enacted that any regular employee of the Mayor and Aldermen of the City of Savannah who shall have served as such for a period of twenty-five years or more, irrespective of the length of service immediately preceding the application for a pension, shall be entitled to a pension of fifty per cent of the salary received by such person at the time of said application for a pension, not to exceed the sum of one hundred fifty ($150.00) dollars per month. Pension after 25 years' service. Be it further enacted that the maximum pension of $100.00 heretofore established by an amendment to the charter of the Mayor and Aldermen of the City of Savannah is hereby repealed and the maximum pension is hereafter fixed in the amount of $150.00 per month. Maximum pension. Be it further enacted that there is hereby created a minimum amount of pension to be received by the pensioned employees of the Mayor and Aldermen of the City of Savannah. Said minimum amount of pension is hereby fixed at a sum not less than $75.00 per month. Minimum pension. Be it further enacted that the mayor and aldermen are hereby required to keep all contributions of city employees to the pension fund in a separate fund segregated from the other funds of the Mayor and Aldermen of the City of Savannah, and shall use the same only for the purpose of paying pensions and otherwise conforming to the existing pension laws of the Mayor and Aldermen of the City of Savannah. Said pension fund is hereby expressly described to be a trust fund as defined by the laws of this State and to be used for the exclusive purpose of administering the provisions of the existing pension laws. Pension fund. Be it further enacted that any employee of the Mayor and Aldermen of the City of Savannah who has served as such for a period of 50 years or more and who has obtained the age of 70 years shall be entitled on retirement to receive a pension of $200.00 per month. Pension at age 70 after 50 years' service. Section II. That there is attached to and made a part hereof

Page 2670

a copy of notice certified by the publisher of the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published to the effect that notice of the intention to apply for passage of this Act was published once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit: on.....,.....,.....,....., 1949. Section III. Be it further enacted that all laws and parts of laws and all charter provisions of the Mayor and Aldermen of the City of Savannah and all amendments thereto in conflict with the provisions of this Act be and the same are hereby expressly repealed. It being the intent of this Act that if there is any doubt as to the validity of any portion of this Act as compared with or be in conflict with any other provisions of the charter of the Mayor and Aldermen of the City of Savannah, that the doubt shall be construed in favor of the provisions of this Act. Construction of Act. Approved February 17, 1950. Affidavit of publication attached to enrolled copy. THUNDERBOLTCLOSING OF STREET AUTHORIZED. No. 755 (House Bill No. 941). An Act to amend the several Acts relating to and incorporating the Town of Thunderbolt, in Chatham County, Georgia particularly with respect to certain land of said town and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that whereas for the development of the Town of Thunderbolt it has been deemed best to change the present plan of Harmon Street located in said city, Whereas Section 1. Be it enacted by the General Assembly of the State of Georgia as aforesaid, and it is hereby enacted by the authority of the same that the Mayor and Aldermen of the Town of Thunderbolt, Chatham County, Georgia, be and are hereby authorized and empowered to close, abandon, convey to

Page 2671

adjoining property owners and otherwise dispose of, with or without consideration and upon such terms and conditions as it deems proper, all or any part of Harmon Street, in the Town of Thunderbolt, Chatham County, Georgia, as now laid out between the western side of Bannon Drive and the western side of Casino Avenue. Closing of Harmon Street authorized. Section 2. That there is attached to and made a part hereof a copy of a notice certified by the publisher of the Savannah Evening Press, the newspaper in which sheriff's advertisements for the locality affected by this Act are published to the effect that notice of the intention to apply for passage of this Act was published once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, to wit: on December 20th and 27th, 1949, and January 2nd, 1950. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. State of Georgia, County of Chatham. Personally appeared before me, the undersigned attesting officer, duly authorized by the laws of the State of Georgia to administer oaths, Walter W. Hinely, who, after being duly sworn and on oath swears that he is the author of the bill attached hereto and that notice of the intention to apply for the passage of this Act was published once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction to the General Assembly, to wit: on December 20th and 27th, 1949, and January 2nd, 1950. (s) Walter W. Hinely Sworn to and subscribed before me this 18th day of January, 1950. (s) Florence M. Fox (Notarial Seal) Notary Public State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Exley, who on oath deposes and says that he is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the

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Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Legal Notice. Notice is hereby given that there will be introduced at the adjourned session of the General Assembly of Georgia, which convenes on Monday, January 9, 1950, a bill which will be pressed to passage, authorizing the Mayor and Aldermen of the Town of Thunderbolt, in Chatham County, Georgia, to close a portion of a street known to be Harmon Street in the Town of Thunderbolt, and authorizing the Mayor and Aldermen of the Town of Thunderbolt to convey the same and for other purposes. This 19th day of December, 1949. Walter W. Hinely, as attorney for Town of Thunderbolt. Has been published in said Savannah Evening Press, once a week for 3 weeks, to wit: in the regular issues of Dec. 20, 27, 1949, Jan. 2, 1950. (c) Herman Exley Sworn to and subscribed before me this 19th day of January, 1950. (s) Flournoy J. Mulling (Notarial Seal) Notary Public, Chatham County, Ga. Approved February 17, 1950. BACON COUNTY COMMISSIONERSAMENDMENTS. No. 756 (House Bill No. 970). An Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Bacon, and to provide for the election of members thereof, to define their duties and powers and prescribe their qualifications; and for other purposes, approved August 20, 1927 (Acts of the Legislature 1927, pages 488-494), and all Acts amendatory thereof, so as to provide that in addition to the present board, there shall be elected a chairman by county-wide vote who shall preside at the meetings of said board; and to define his duties, powers and authority; to provide for his qualifications and election

Page 2673

and his compensation; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That Section 6 of the Acts of the legislature of 1927, approved August 20, 1927 (pages 488-494), be repealed in its entirety and a new section substituted in lieu thereof which shall read as follows: Sec. 6, Act of 1927, amended. Section 6. That the Board of County Commissioners of Bacon County shall in addition to its present membership as is now provided by law, after the first Tuesday in January, 1951, consist of an additional member who shall be nominated and elected by the voters of Bacon County in the county-wide primary and general election in 1950 and who shall be the chairman of said board. The chairman so elected will assume the duties of his office on the first Tuesday in January, 1951. The qualifications of said additional member shall be the same as are now required by law for other members of said board. Before entering upon the duties of his office he shall take and subscribe to the oath required of other members of said board and as is provided in Section 5 of said Act. At the time of his qualification as chairman of the county board of commissioners, he shall give bond by an approved surety company in the sum of five thousand dollars ($5,000.00) payable to the board of commissioners of Bacon County, and conditioned for the faithful performance of his duties. Nothing herein shall affect the present chairman and vice-chairman of said board, but they shall hold their office until the expiration of their present terms as officers which will be the first Tuesday in January, 1951, or until their successors are elected and qualified as herein provided. The chairman of said board herein provided for shall be commissioned by the Governor as chairman of said board of commissioners for the term for which he was elected. Chairman. Election. Oath. Bond. The chairman shall preside at all meetings of said board of commissioners, but in his absence or disability, the vice-chairman, who shall be elected by said board as is now provided by law, shall preside and perform any and all duties devolving upon said chairman. The chairman of the board of commissioners of Bacon County shall have all the powers and authority as the

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district members of said board, and in addition thereto, shall be in charge of and responsible for all county machinery and road equipment and he shall be responsible for its upkeep and maintenance and shall have charge of all labor necessary for the effectual operation of all county machinery and is empowered and has the authority to hire and discharge employees used in county work when, in his opinion, it is to the best interest of the county. The board of county commissioners shall furnish their chairman with conveyance necessary for the performance of his duties in the county, such as a pick-up truck or like conveyance, and fuel, for the purpose of attending to his duties. Should it become necessary for him to make extensive trips beyond the limits of the county, the board of county commissioners shall provide his necessary expenses. It shall be the duty of said chairman to devote his full time to the duties of his office and his salary shall be two hundred and fifty dollars ($250.00) per month, payable monthly, in addition to his transportation and other expenses as herein provided for. When said chairman is engaged in constructional work in the different districts of said county and it becomes necessary to have assistance in the contruction of roads and building bridges, or similar work, he is hereby authorized and empowered and it shall be his duty to require the assistance of the district members of the said board of commissioners of Bacon County in which said constructional work is being done, and for said services said district members shall be paid by said county the sum of five dollars ($5.00) per day for such services, which shall be in addition to their monthly per diem. This portion of this Act shall become effective immediately upon the passage and approval of this Act and the present chairman of the board of county commissioners shall require the assistance of the different members of said board should it become necessary. The chairman of the county board of commissioners elected under the provisions of this Act shall hold office after his qualification on the first Tuesday in January, 1951 until the first Tuesday in January, 1953, or until his successor is elected and qualified. Qualifications for chairmanship herein shall be the same as are now required for the members of the General Assembly. It is further provided that any member of the county board of commissioners shall be eligible for chairman and it will not be necessary for a member of said board to resign his place as a

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district member to run for chairman, but in the event a district member is elected, he then shall resign his seat as a district member, which shall be filled by a majority vote of the remaining members of said board for his unexpired term. Powers and duties of chairman. Salary. Assistance from district, members. Qualifications. In the general State primary and State election in 1952, a chairman of Bacon County board of commissioners shall be nominated and elected for a term of four years by a county-wide vote of the voters of Bacon County and thereafter his successor shall be so elected. The chairman and board of commissioners herein provided for shall nominate and appoint a county attorney for the purpose of representing said board of commissioners in all matters, whether at law or in equity, affecting said county. Said attorney shall be at least thirty-five years of age and must have had at least ten years of active practice at the bar. His compensation shall be the same as is now provided by law and in addition thereto such other compensation as may be agreed upon by said attorney and said board. Election. County attorney. Said board of commissioners shall by a majority vote elect a clerk of said board and fix his or her salary, who shall serve at the pleasure of said board and may at any time be removed by a majority vote of said board. The said clerk shall give a surety bond in the sum of one thousand dollars ($1,000.00) payable to the board of commissioners. The premium on said bond shall be paid out of the treasury. Clerk. Section 2. That Section 7 of the Acts of the Legislature of 1927, pages 488-494, be amended by adding after the word matters in the fourth line of said section, the following words: except such matters and authority as are expressly delegated by this Act to the chairman, so that said section when so amended shall read as follows: Sec. 7 amended. Sec. 7. Be it further enacted, that the board of commissioners of roads and revenues in and for the County of Bacon shall have exclusive jurisdiction over and control of all county matters, except such matters and authority as are expressly delegated by this Act to the chairman, and shall be vested with all the powers and authority which are necessary in, or incident to, the proper discharge of their duties, and not inconsistent with the laws of this State. It is the meaning and intent of this section that the said board of commissioners shall have all the

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powers vested by law in boards of commissioners, or the ordinaries of this State, in counties where there exists no boards of commissioners, when sitting for county purposes. Powers of board of commissioners. Section 3. That Section 9 of said Act be amended by striking it in its entirety and substituting in lieu thereof a new section which shall read as follows: Sec. 9 amended. Sec. 9. Be it further enacted, that the members of said board of commissioners of Bacon County, except the chairman, shall each receive as their compensation the sum of six dollars ($6.00) per day for attending meetings of said board and the number of days that they shall attend board meetings shall be left to their discretion, but their compensation herein provided for shall not exceed two hundred dollars ($200.00) each per annum. The chairman shall receive no other compensation except his monthly salary. The clerk of said board shall be paid such salary as the board deems right and proper. Compensation of commissioners. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Proposed Legislation. In compliance with Article 3, Section 7, Paragraph 15 of the Constitution of Georgia, notice is hereby given that at the next session of the General Assembly of Georgia, 1950, legislation will be proposed amending an Act of the General Assembly of Georgia, approved August 20th, 1927 (Acts of the General Assembly 1927, pages 488 to 494 inclusive), and all Acts amendatory thereof creating a Board of Commissioners of Roads and Revenues of Bacon County, Georgia, and providing that in addition to the present board, there shall be elected a chairman by county-wide vote who shall preside at the meetings of said board, and to define his duties, powers and authority, to provide for his qualifications and election, and his compensation to repeal all conflicting laws and for other purposes. This 19th day of December, 1949. Andrew J. Tuten Representative Bacon County, Ga. Georgia, Fulton County. Personally appeared before me, an officer duly authorized

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to administer oaths, Andrew J. Tuten, who on oath deposes and says that he is the Representative in the General Assembly from Bacon County and that he is the author of the attached bill and that the above notices of intention to introduce local legislation was published in the Alma Times which is the official organ of Bacon County, once a week for three weeks during a period of sixty days immediately preceding the introduction of said attached bill in the House of Representatives. This 26 day of January, 1950. (s) Andrew J. Tuten Sworn to and subscribed before me this 26 day of Jan., 1950. (s) Inez Kinney (Seal) Notary Public Notary Public, Fulton County, Georgia. My commission expires February 13, 1953. Approved February 17, 1950. REGISTRATION OF VOTERS IN CERTAIN COUNTIES. No. 760 (House Bill No. 1046). An Act to amend an Act of the General Assembly of Georgia, Georgia Laws 1947, page 70, entitled 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

Page 2678

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. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that the above entitled Act is amended by striking in Section 8, thereof, after the word names in the fourth line in Section 8, thereof, the following language 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 number do not exist or do not indentify residences, then within each such road or street, such cards shall be arranged in alphabetical order so that when said section is amended the same will read as follows: Sec. 8, Act of 1947, amended. 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 name. The other or duplicate card shall be filed aphabetically without regard to militia districts, wards, or precincts, said file to be hereinafter termed the master file, which master file shall always remain in the office of the registrar. Precinct file; master file. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this amendment be, and the same are, hereby repealed. Approved February 17, 1950. COMPENSATION FOR DEATH OF EARL ROGER NIX. No. 761 (House Bill No. 229). An Act providing funds to compensate Mrs. Earl Roger Nix and two minor children, citizens of the State of Georgia, for the death of their husband and father, respectively, Earl Roger Nix, an employee of the State who was killed by an overturning

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tractor while cutting right of way for the State Highway Department in White County, Georgia, August 6, 1947. Whereas: Earl Roger Nix, while employed in the State Highway Department of the State of Georgia and working on the State highway in White County, Georgia, was while engaged in his duties, crushed to death by an overturning tractor while cutting right of way for the State Highway Department in White County, Georgia, and Whereas: Mrs. Earl Roger Nix and two minor children, being the wife and children, respectively, are the sole heirs at law of said Earl Roger Nix, and Whereas: Mrs. Earl Roger Nix and two minor children cannot sue the State of Georgia for the injuries he received, Now therefore be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That it is hereby appropriated from any lawful funds in the treasury of the State of Georgia, not otherwise appropriated, and payable when the budget authorities of the State may determine that said funds are available, the sum of five thousand ($5,000.00) dollars, to be paid to Mrs. Earl Roger Nix and two minor children, citizens of the State of Georgia, to compensate them for the loss of their husband and father respectively. Compensation for death of Earl Roger Nix. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 17, 1950. GRIFFIN CHARTER AMENDMENTS. No. 766 (House Bill No. 900). An Act to amend an Act entitled An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said city; to declare the rights and powers of said municipality,

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and for other purposes approved July 21, 1921, and to amend an Act entitled An Act to amend an Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of City of Griffin, in Spalding County, Georgia; to amend the charter of said city, to declare the rights and powers of said municipality and for other purposes, approved July 21, 1921, and Acts amendatory thereof, by amending Section 31 of the charter of the City of Griffin to provide for the manner of sale, lease and disposition of any and all public utility plants and franchises now owned by the City of Griffin, or that may hereafter be owned by said city by amending Section 6, 7 and 10 of said charter of the City of Griffin; to provide for the term of office of the board of commissioners and members thereof; to provide for a majority vote for the election of each commissioner; to provide for the selection of the chairman of the board of commissioners for the City of Griffin; and for other purposes, approved March 19, 1937, so as to provide for five (5) commissioners for said city instead of three (3); to provide the manner of nominations and elections of said commissioners; to provide for the qualifications of said commissioners; to provide for a chairman and how he shall be elected; to provide for a quorum of said commissioners; to provide for a referendum election to determine whether this 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 the authority of the same. Section 1. That Section 3 of said Act approved July 21, 1921, be amended as follows: By striking the word three in line three of said Section 3 and inserting in lieu thereof the word five, so that said section when amended shall read as follows: The municipal government of said city shall consist of a commission of five citizens; who shall be known as the board of commissioners for the City of Griffin. Said commissioners shall be the legislative and governing authority of said city. Sec. 3, Act of 1921, amended. City commission. Section 2. That Section 5 of said Act approved July 21, 1921, be stricken in its entirety, and inserting in lieu thereof

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the following to be known as Section 5. Qualification and election of commissioners: Sec. 5 amended. One of said five (5) commissioners shall be a resident of any ward in the city and shall be elected by all the qualified voters in the city, and shall be known as the commissioners-at-large. Each one of the remaining four (4) commissioners shall be a resident of a different ward of the present four (4) wards of the city; but each of the aforesaid commissioners from the respective wards shall be elected by all the qualified voters of the city. Any person eligible to vote for members of the General Assembly and for commissioners for the City of Griffin shall be eligible to hold the office of commissioner for said city; provided that no person shall be eligible to said office or to any other office in said city who is the holder unaccounted for of any public fund under either the Federal, State, county or city government, and provided that such commissioners shall be freeholders at the time of election to office. Commissioner at large. Other commissioners. Qualifications. Section 3. That Section 6 of said Act approved March 19, 1937, be stricken in its entirety, and inserting in lieu thereof the following to be known as Section 6. Commissioners. Term of Office. Sec. 6 amended. (a) On the first Tuesday in November, 1950, an election shall be called as now provided by the charter of the City of Griffin for the election of a commissioner each from the first, second and fourth wards of said city, said commissioners to serve for a term of two (2) years, or until their successors are elected and qualified, unless removed in accordance with the provisions of the said charter. No commissioner is to be elected from the third ward at this election since there are now serving on the commission two commissioners from the third ward, whose terms expire, respectively, in 1951 and 1952. Election of commissioners. (b) An the first Tuesday in November, 1951, an election shall be called as now provided by the charter of the City of Griffin for the election of a commissioner form the third ward of said city, said commissioner to serve for a term of one (1) year or until his successor is elected and qualified, unless removed in accordance with the provisions of said charter. (c) On the first Tuesday in November, 1952, and triennially thereafter, one commissioner shall be elected from

Page 2682

each ward of said city and one commissioner from said city at large, as hereinabove provided; the terms of said commissioners to be for a period of three years or until their successors are elected and qualified, unless removed in accordance with the provisions of said charter. Terms. (d) The manager of the election, with regard to the respective ward candidates and the candidate for commissioner at large, shall give such candidate receiving a majority vote of all qualified voters voting a certificate of election, which certificate shall entitle the holder to be installed at the first regular meeting of the commission in December thereafter. Certificates of election. (e) Neither the term of office or the commissioners now serving, nor their qualifications to hold their present office, shall in any respect be affected by the provisions of this Act. Section 4. That Section 7 of said Act approved March 19, 1937, be stricken in its entirety, and inserting in lieu thereof the following to be known as Section 7. Commissioners. Election how determined. Should there be more than two candidates from any wards or more than two candidates from the city at large, a majority of the qualified votes cast shall be necessary to elect the candidate. In case there is a tie vote between the candidates in any ward or city at large or in case any candidate or candidates fail to receive a majority of the votes cast in said election, a new election shall be ordered by the Ordinary of Spalding County, in not less than ten days or more than fifteen days from the election, which election shall only be between the candidates of the ward or city at large receiving the same number of votes or between the two receiving the highest number of votes in the ward or wards or city at large where none of said candidates receive a majority of votes cast, and this election shall be called under the same rules and regulations governing the first election and elections shall be called as often as may be necessary by the ordinary until the candidate or candidates may be elected. Election, how determined. Section 5. That Section 19 of said Act of July 21, 1921, be amended as follows: By striking from line one (1) of said Act the word two and inserting in lieu thereof the word three,

Page 2683

so that said section when amended shall read as follows: Three commissioners shall be a quorum. Sec. 19 amended. Quorum. Section 6. That Section 20 of said Act of July 21, 1921, be amended as follows: By striking from line eight (8) of said section the word two and inserting in lieu thereof the word three, so that said section when amended shall read as follows: Sec. 20 amended. Whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission which shall have the authority to approve or disapprove or to amend the same. In no case shall an ordinance be put upon its passage unless it has been read at two separate meetings of the board. It shall take the affirmative vote of at least three members of the commission to act. Passage of ordinances. Section 7. That Section 10 of said Act of March 19, 1937, be stricken in its entirety and inserting in lieu thereof the following to be known as Section 10. Commissioners. Chairman. Sec. 10 amended. (a) The Commissioner now serving as chairman shall continue as chairman until the expiration of his term at the first regular meeting in December, 1950. Chairman. (b) The commissioner elected in 1948 shall serve as chairman from the first meeting in December, 1950 until the expiration of his term at the first regular meeting in December, 1951. (c) The commissioner elected in 1949 shall serve as chairman from the first meeting in December, 1951, until the expiration of his term at the first regular meeting in December, 1952. (d) Beginning at the first regular meeting in December, 1952, and thereafter the commissioner elected from the city at large shall be chairman for the term of three years. Section 8. That this Act shall not become operative unless and until approved by a majority vote of those voting at a special election to be held as hereinafter provided. Section 9. That a special election shall be called by the Ordinary of Spalding County to be held in the City of Griffin

Page 2684

on of before May 15, 1950; and, that the said ordinary shall publish a notice of said election in the official organ of Spalding County once a week for four weeks next preceding the date of said election. The expense of said election, including advertising, to be borne by the City of Griffin. Referendum. The ballots of said election shall have written or printed thereon the words: For amending the charter of the City of Griffin to provide for five commissioners and Against amending the charter of the City of Griffin to provide for five commissioners. And if a majority of those voting in said election cast their ballots For amending the charter of the City of Griffin to provide for five commissioners, then this Act shall become operative and be in full force and effect. Section 9-a. The polls for said special election, when called, shall open at 7:00 a. m., and close at 6:00 p. m., and all citizens qualified to vote in a general election of the City of Griffin and all those who may qualify within five days after the call of said special election, shall be entitled to vote in said special election. Section 10. That the managers of said election shall canvass the results of said election and certify the results thereof to the city manager by noon of the day following the election, and the city manager shall record the same on the minutes of the board of commissioners. Section 11. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 12. Attached hereto and made a part hereof is the affidavit of publication as required by law. Georgia, Spalding County. Personally appeared before the undersigned, an officer duly authorized under the laws of the State of Georgia to administer oaths, Harry Reeves, who on oath states that he is the circulation manager of the Griffin News; that the said Griffin News is the official organ of Spalding County; that the advertisement of a local bill appearing hereinbelow was published in said newspaper on December 31, 1949, January 3, 1950, and January 9, 1950. Legal 8188

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Notice. There will be introduced in the 1950 session of the General Assembly of Georgia a local bill entitled: 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 of Georgia approved July 21, 1921, providing for a board of commissioners of five (5) citizens to be known as the board of commissioners for the City of Griffin and for other purposes. This 30th day of December, 1949. E. G. Harper, Representative, Spalding County, Arthur K. Bolton, Representative, Spalding County A. G. Swint, Senator, 26th District Members of the General Assembly of Georgia. Harry Reeves, Affiant. Sworn to and subscribed before me on this the 17th day of January, 1950. Myrtle Higgins (SEAL) Notary Public, Georgia, State at Large. Notary Public, Georgia State at Large. My commission expires July 8, 1950. Approved February 17, 1950. TEMPLE CHARTER AMENDMENTS. No. 767 (House Bill No. 930). An Act to amend the Act approved November 23, 1901, creating and adopting a new charter for the Town of Temple, and all Acts amendatory thereof, so as to provide: for election of mayor and councilmen; length of office of mayor and councilmen, their election and expiration of term of office, and qualification; fees for the purpose of holding elections; for opening and closing of polls; for closing date of registration of candidates for office of mayor and council of Town of Temple; authority to zone said town. 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 aforesaid that from and after the passage of this Act, the charter granting corporate authority to the Town of Temple, Georgia, heretofore granted, is hereby amended, revised and changed as hereinafter provided and set forth. Section 1. There shall be election in the Town of Temple on the first Wednesday in December, 1950, for mayor and two councilmen for term of two years, and three councilmen for a term of one year, who shall serve until their successors are elected and qualified. At the expiration of their term of office their successors shall be elected for a term of two years, and thereafter the mayor and councilmen of the Town of Temple shall be elected for a term of two years each on the first Wednesday in December as their respective terms shall expire. In the next general election to be held on the first Wednesday in December, 1950, the two councilmen receiving the highest number of votes shall be designated as councilmen and declared elected for a term of two years; the next three candidates receiving the highest number of votes shall be designated and elected as councilmen for the Town of Temple for period of one year, whose term of office shall be for one year, expiring as now provided by the charter of the Town of Temple; thereafter, each election held in each succeeding year candidates for councilmen shall be elected for a period of two years, and the office of mayor shall be at all times filled for a period of two years. Mayor and councilmen. Election terms. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, from and after the passage of this Act no person shall be elegible for office of mayor of Town of Temple unless he shall have obtained the age of twenty-five years, a citizen of the United States, State of Georgia, a freeholder, and must have resided continuously in the Town of Temple for one year immediately preceding his nomination, or election. No person shall be eligible for office of councilman unless he shall have obtained the age of twenty-one years, a citizen of the United States, State of Georgia and shall have resided in the Town of Temple for twelve months immediately preceding his nomination, or election. Qualifications.

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Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that the expenses of holding elections in and by the town of Temple shall be defrayed by the candidates for office; each candidate for office of mayor shall pay a fee of $5.00, each candidate for office of councilman shall pay a fee of $3.00, same to be paid to the clerk of Town of Temple at the time of qualification. In order to qualify as candidate for office, it shall be necessary that each proposed candidate shall register with the clerk of Town of Temple, stating the office for which he is a candidate, and pay the required fee ten days prior to the holding of said election. The voting place in said Town of Temple shall be open at six o'clock a. m., and remain open until six o'clock, p. m. Expenses of elections. Qualification fees. Section 4. By virtue of authority conferred upon the General Assembly by Article 3, Section VII, Paragraph XXII of the Constitution of Georgia, that the Town of Temple and the governing authorities of said Town of Temple, Georgia, be and they are hereby authorized and empowered to enact 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. Section 5. Be it further enacted by the authority aforesaid, that any person holding any other office in the county, or in the Town of Temple, may be eligible for candidate, and be elected, hold and accept office of mayor, or councilmen of Town of Temple. Holders of other office eligible as manager or councilman. Section 6. Notice of intention of the Town of Temple to apply for this local legislation was published three times in the Times-Free Press in three separate calendar weeks during a period of sixty days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of this State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

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State of Georgia, County of Carroll. Before me, the undersigned, a notary public, this day personally came Jewell R. Dean, who first being duly sworn, according to law, says that he is editor and publisher of the Times-Free Press, the official organ in which the sheriff's advertisements in and for said county were published for the year 1949, and that the publication, of which the annexed is a true copy, was published in said paper three times in three separate calendar weeks during a period of sixty days next preceding the introduction of this bill in legislature, as required by the new Constitution of this State, to wit: on the 22 day of December, 1949; on the 29 day of Dec., 1949, on 5 day of Jan., 1950. (s) J. R. Dean Sworn to and subscribed before me this January 23, 1950. (s) Ruth Smith (Seal) Notary Public Legal Notices. Notice of Local Legislation of Town of Temple. To amend charter of Town of Temple to provide for election of mayor of said town for a term of two years, and councilmen for a period of two years; to provide that terms of two councilmen shall expire alternately; to provide further fees for the purpose of holding elections to be paid by candidates for the respective offices; to provide polls shall be open from six a. m. to six p. m. And for other purposes. Amendments germane to said legislation may be offered and adopted as provided by law. Signed: Town of Temple By: C. A. Truitt, Mayor. Approved February 17, 1950.

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HOMERVILLE TAX RATEREFERENDUM. No. 769 (House Bill No. 936). An Act to amend the Act creating the charter for the City of Homerville, approved March 4, 1937 (Georgia Laws 1937, page 1921), so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; to provide for referendum; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That the Act creating the charter of the City of Homerville, approved March 4, 1937 (Georgia Laws 1937, page 1921), is hereby amended by adding after the word taxation, in line ten of Section 27, the following words: not exceeding twenty mills, exclusive of license, occupation, and other special taxes or charges for which provision is made in this charter, so that said Section 27, when so amended, shall read as follows: Sec. 27, Act of 1937, amended. Section 27. Be it further enacted, that for the porpose of raising revenues for the annual support and maintenance of the government of the City of Homerville, the city council of Homerville shall have the power and authority to annually assess, levy, and collect an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation, not exceeding twenty mills, exclusive of license, occupation, and other special taxes or charges for which provision is made in this charter. The City of Homerville shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form, and time of making out tax returns, tax lists, or inventories 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 measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the

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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 by law for municipal sales for taxes or sheriff's 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. Taxation. Section 2. That this Act shall not become effective until approved by a majority vote of the qualified voters of the City of Homerville voting in a special referendum election called for such purpose by the mayor and council of Homerville within sixty days of the approval of this Act by the Governor. The time and place of holding such election shall be published in the local newspaper once a week for the two weeks immediately preceding the date of holding such election. Said election shall be held under the same rules and regulations as all other city elections are held. Those persons desiring to vote for the approval of this Act shall have printed on their ballots the following words: For approval of the Act amending the charter of the City of Homerville, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills. Those persons desiring to vote against the approval of said Act shall have printed on their ballots the following words: Aganst approval of the Act amending the charter of the City of Homerville, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills. If a majority of the voters in said city voting in said election shall vote for the approval of this Act, the same shall become effective, but if a majority of those voting shall vote against the approval of this Act, then the same shall be of no effect and will be null and void. Referendum. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Certificate of Publication. To whom it may concern: This is to certify that the following Public Notice of Local Legislation was published in the Clinch County News, in its

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issues of Friday, December 30, 1949; Friday, January 6, 1950, and Friday, January 13, 1950. This January 14th, 1950. (s) Iverson H. Huxford Editor and Publisher, The Clinch County News Homerville, Georgia. Public Notice of Local Legislation. Georgia, Clinch County. Notice is hereby given of intention to introduce a bill at the approaching regular session of the General Assembly of Georgia, 1950, amending the charter of the City of Homerville. Said amendment to provide that the mayor and council of the City of Homerville may levy up to a maximum of 20 mills for general purposes on all taxable property both real and personal within the limits of the City of Homerville; provided, that said amendment be ratified by a majority of the voters voting at a special election to be called by the mayor and council after passage of such legislation by the General Assembly. This December 21st, 1949. Mrs. Iris F Blitch, Representative, Clinch Co., Ga. Approved February 17, 1950. HOMERVILLE TAX RATE. No. 770 (House Bill No. 938). An Act to repeal an Act entitled, An Act to amend the charter of the City of Homerville, approved March 4, 1937, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes, approved February 17, 1949, Georgia Laws 1949, page 908; 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 an Act entitled, An Act to amend the charter of the City of Homerville, approved March 4, 1937, so as to authorize the city council of Homerville to levy and collect taxes not exceeding twenty mills; and for other purposes, approved February 17, 1949 (Georgia Laws 1949, page 908), is hereby repealed in its entirety. Act of 1949 repealed. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Certificate of Publication. To whom it may concern: This is to certify that the following Public Notice of local legislation was published in the Clinch County News, in its issues of Friday, January 6, 1950; Friday, January 13, 1950; and Friday, January 20, 1950. This January 21st, 1950. Iverson H. Huxford, Editor and Publisher, The Clinch County News, Homerville, Georgia. Public Notice. I will introduce a bill at the 1950 session of the legislature repealing the Act authorizing the city council to levy a tax not exceeding 20 mills that was passed at the 1947 session of the legislature. My reason for having this Act repealed is that, as drawn by the Attorney-General's office, it did not contain provisions for a referendum by the people as I had announced in the public notice that the bill was to be introduced. Respectfully, Iris Blitch. Approved February 17, 1950.

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GENERAL ASSEMBLY PRIMARY ELECTION OF MEMBERS IN CERTAIN COUNTIES. No. 772 (House Bill No. 976). An Act to require candidates in primary elections for members of the General Assembly in all counties with a population of not less than 31,020 and not more than 31,030, according to the census of 1940, to specify the particular incumbent which they desire to oppose or succeed. To require the preparation of ballots accordingly; and for other purpose. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, any person seeking to qualify as a candidate in any primary for representative in the General Assembly from any county with a population of not less than 31,020 and not more than 31,030, according to the census of 1940, shall specify the particular candidate or incumbent whom he desires to oppose or succeed. The candidate receiving a plurality of the votes cast for candidates for such office shall be declared the nominee therefor. Candidates. Section 2. All ballots in such primary elections shall be prepared by listing the candidates to succeed each incumbent in separate brackets, and improper striking in one of said brackets shall not affect the validity of a ballot in the bracket or brackets properly marked. Ballots. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 17, 1950. PUTNAM COUNTY COMMISSIONERS COUNTY ATTORNEY. No. 773 (House Bill No. 979). An Act to repeal Section 11 of an Act approved August 12, 1921, creating a new board of commissioners for the county of Putnam;

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to amend said Act by substituting a new section in lieu of Section 11, so as to authorize said board to elect or appoint a county attorney and special attorneys when necessary and to fix the compensation of such county attorney or special attorneys; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, Section 11, of an Act approved August 12, 1921, creating a new board of commissioners of roads and revenues for the County of Putnam, found in Georgia Laws of 1921, pages 555-562, inclusive, is repealed in its entirety. Sec. 11, Act of 1921, amended. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that from and after the passage of this Act, said Act approved August 12, 1921, creating a new board of commissioners for the County of Putnam shall be amended by the substitution of a new section, which shall read as follows: Section 11. That the board of commissions of roads and revenues for the County of Putnam shall have the authority to elect or appoint a county attorney and to employ special counsel to represent the county in matters where, in their opinion, the same may be advisable or necessary to protect the interests of the county; and to fix the terms and compensation of such county attorney and special counsel. County attorney. 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. Notice. Notice is hereby given that there will be introduced in the General Assembly, during its special session called for January, 1950, a local act, the caption of which reads as follows: An Act to repeal Section 11 of an Act approved August 12, 1921, creating a new board of commissioners for the County of Putnam; to amend said Act by substituting a new section in lieu of said Section 11, so as to authorize said board to elect or appoint a county attorney and special attorneys when necessary

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and to fix the compensation of such county attorney or special attorneys; and for other purposes. Georgia, Putnam County. I, T. A. Gregory, publisher of the Eatonton Messenger, the newspaper in said county in which sheriffs advertisements are published, do hereby certify that the foregoing is a true copy of notice of special legislation published once each week for three separate weeks in said Eatonton Messenger during the 60 day period beginning December 15, 1949, specifically, in the issues of December 15, 1949, December 22, 1949, and December 29, 1949. This the 23rd day of January, 1950. (s) T. O. Gregory Jr. Approved February 17, 1950. PICKENS TAX COMMISSIONER FEES AND COMMISSIONS. No. 774 (House Bill No. 988). An Act to be entitled an Act to amend the Act creating the office of tax commissioner of Pickens County, Georgia, approved February 22, 1943 (Georgia Laws 1943, page 1094), by providing that the tax commissioner shall be entitled to the commission allowed by law for the collection of school tax; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act creating the office of tax commissioner of Pickens County, Georgia, approved February 22, 1943, Georgia Laws 1943, page 1094, is hereby amended by striking in its entirety Section 4 and substituting in lieu thereof a new section which shall also be known as Section 4, and which shall read as follows: Sec. 4, Act of 1943, amended. Section 4. Be it further enacted that all fees, commissions, and all other compensation allowed to the tax receiver and tax

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collector of Pickens County, Georgia at the time this Act becomes effective or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by the tax commissioner of Pickens County, Georgia and paid into the treasury of Pickens County, Georgia, except fees and commissions on all such taxes as are collected by such tax commissioner for and on behalf of the State of Georgia; provided, however, that the tax commissioner shall be entitled to receive and to retain for himself the lawful fees and commissions for the collection of the county-wide school tax. Fees and commissions. Section 2. The provisions of this Act shall apply to the year 1949, and the said tax commissioner shall be entitled to receive and retain for himself such fees as are set out above. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1950 session of the General Assembly a local bill providing that the tax commissioner of Pickens County collect and retain the commission for the collecting of the county-wide school tax, and for other purposes. (s) Olen Cagle, Representative of Pickens County. Certified a true and correct copy. (s) Claude M. Edge. Georgia, Pickens County. Before me, the undersigned officer, duly authorized by law to administer oaths, came Claude M. Edge, who on oath says that he is co-owner and publisher, of the Pickens County Progress, Jasper, Georgia, the newspaper in which the sheriff's advertisements for Pickens County, Georgia, are published, and that the foregoing Notice of Intention to Introduce Local Legislation, is a true, exact and correct copy of the notice published in the Pickens County Progress once a week for three weeks, to wit, on January 12, 1950; January 19, 1950; and January 26, 1950. (s) Claude M. Edge

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Sworn to and subscribed before me this 26th day of January, 1950. (s) Phil M. Landrum, Notary Public, State at Large. (Seal) Phil M. Landrum, Notary Public, Georgia, State at Large. Approved February 17, 1950. MACON CORPORATE LIMITS EXTENDED. No. 775 (House Bill No. 1000). 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 Act; 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 Acts amendatory thereof; and for other purposes, said Act described appearing on pages 1283 to 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act whenever passed and wherever set forth including any and all Acts amending, changing or re-enacting any section of said Act; and particularly as amended by the Act of the General Assembly of Georgia approved February 25, 1949, and appearing on pages 1901 through 1905, both inclusive, of the published Acts of the General Assembly of Georgia of 1949; to amend Section 2 of said Act of 1927 as amended by said Act of 1949 by adding thereof description of new territory to become a part of the City of Macon and describe such territory; 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 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August

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17, 1914, together with Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may have become necessary or proper, all Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation, to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, said Act described appearing on pages 1283 to 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act, whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section of said Act; and particularly as amended by the Act of the General Assembly of Georgia approved February 25, 1949, and appearing on pages 1901 through 1905, both inclusive, of the published Acts of the General Assembly of Georgia of 1949 be further amended by adding at the end of Section 2 of said Act of 1927, as amended by the said Act of 1949, description of new territory to be included in the corporate limits of the City of Macon, and which said territory is described as follows: Also, all that tract or parcel of land now adjacent to the corporate limits of the City of Macon, and comprising Blocks A and H of Aliel Park according to a plat recorded in Minute Book 23, Folio 273, together with portions of surrounding streets and more particularly described as following: Beginning at a point on the present city limits line in Dempsey Avenue, where the same is intersected by an extension northward of the center line of Second Avenue according to said plat of Aliel Park; and from said point of beginning running thence in a southerly direction along the center line of Second Avenue according to said plat a distance of 580 feet, more or less, to a point on said center line which is an extension eastwardly of the south line of First Street according to said plat; thence angle right and run in a westerly direction along the south line of said First Street, and the north line of Blocks G and B in Aliel Park a distance of 686 feet, more or less, to a point in Rock Street on a line which is an extension westwardly of the south line of First Street and the north line of Block B of said Aliel Park and which point is 25 feet west of the northwest corner of said Block B; thence angle right and run on Rock Street in a northerly direction parallel to and 25 feet from the westerly line of Block A to the center line of

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Dempsey Avenue, a distance of 580 feet, more or less; thence angle right in an easterly direction along the center line of Dempsey Avenue to the point of beginning. Territory added. Also, that tract of land now contiguous to the limits of the City of Macon and more particularly described as follows: All that tract or parcel of land lying and being in Land Lots numbers 364, 368 and 369 in the 13th District of Bibb County, Georgia, and more particularly described according to a plat made by F. B. West, Jr., on August 30, 1949, as follows: Beginning in Lot no. 368 where the west line of Corbin Avenue Extension is intersected by the northeast line of the Old Holton Road; thence in a northwesterly direction along said line of the Old Holton Road to the center of the run of Bowman Creek; thence along the center of the run of Bowman Creek in a northeasterly direction to the southwest line of the right of way of the Jackson Short Route; thence in a southeasterly direction along said right of way seventy (70) feet to the property of Mrs. Grace Howard Mercer; thence south 56 degrees 19 minutes west forty five and eight tenths (45.8) feet; thence south thirty seven degrees three minutes west one hundred eighty five (185) feet; thence south nineteen degrees three minutes west two hundred fifty five (255) feet; thence south thirteen degrees forty two minutes east one hundred seventy five (175) feet; thence south eighty two degrees forty two minutes east four hundred fifty (450) feet to the west side of said Corbin Avenue Extension; thence along Corbin Avenue Extension to the northeast side of the Old Holton Road and the point of beginning. This is the same property conveyed to Standard Development Company, Incorporated, by the First National Bank and Trust Company in Macon as executor of the last will and testament of Blanton Winship. Section 2. Evidence of advertising of this Act as required by the Constitution of the State of Georgia of 1945 is attached hereto and made a part hereof. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Florence J. Scott, who deposes and says she is checking clerk for the Macon News and is duly authorized

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by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in the Macon News on the following dates: January 12, 1950, January 19, 1950, January 26, 1950. (s) Florence J. Scott Sworn to and subscribed to before me this 26th day of January, 1950. (s) Anna J. Harris, Notary Public, Bibb County, Georgia. Georgia, Bibb County. To Whom It May Concern: Notice is hereby given that application will be made to the 1950 session of the General Assembly of Georgia for the passage of the following bill, to wit: 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 said Act with such changes as may have become necessary or proper, all Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation: To amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, said Act described appearing on pages 1283 to 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927; and any and all Acts amendatory of said described Act, whenever passed and wherever set forth, including any and all Acts, amending, changing or re-enacting any section of said Act; and particularly as amended by the Act of the General Assembly of Georgia approved February 25, 1949, and appearing on pages 1901 through 1905, both inclusive, of the published Acts of the General Assembly of Georgia of 1949 to amend Section 2 of said Act of 1927 as amended by the said Act of 1949 by adding at the end thereof description of new territory to become a part of the City of Macon and describe such territory and for other purposes. This 11th day of January, 1950. E. S. Sell, Jr., City Attorney. Approved February 17, 1950.

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POLK COUNTY CITY COURT AMENDMENTS. No. 776 (House Bill No. 1010). 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; to provide for the establishment, maintenance and operation, at the discretion of the governing authority of said county, of a detention home for children under the ages of sixteen years who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care or protection of, the State; to provide for the appointment by, and in the discretion of, the governing authority of said county, of a special juvenile court judge; to prescribe the qualifications, duties, term of office, and compensation, of such special juvenile court judge; 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 city court and to provide that said judge of

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city court may not practice law or hold any other 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: 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. Jurisdiction, juvenile cases. This law shall apply to every child under 16 years of age, (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

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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 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. Custody of child. 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

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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 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 preceed 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. Hearing. 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

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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 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 as ward of State. 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. Hearings, records. 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. Adjudication not conviction. 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 on own recognizance.

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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. Arrests. Proceedings before justice of the peace. 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. Commitment to city court. 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. Trial by accusation. 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 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. Bill of exceptions.

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Section 17. 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. Detention home. Section 17-A. The board of commissioners of roads and revenues of Polk County shall have authority to establish, maintain and operate a detention home for children who come within the provisions of this law. 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. Cooperation with societies and others. 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 perform all duties as clerk of the Juvenile Court Division of said city court, and he shall receive as compensation for his services the same compensation allowed him under the law in other civil cases in said court. Probation officer. Clerk. 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

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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 judgments. 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. Order to pay for care of child under custody. 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 care. 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 either upon application of the child or some relative or friend, or upon the court's own motion. In that

Page 2709

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. Guardian. 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. Restitution, reparation, where civil liability. 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. Contributing to neglect or delinquency. 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 regulations. 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.

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Section 27-A. The board of commissioners of roads and revenues of Polk County shall have authority, if it shall deem it necessary or expedient, to appoint a special juvenile court judge and, if and when appointed, all the powers and duties of the judge of the City Court of Polk County under this law shall devolve upon such special juvenile court judge; provided, that the judge of the City Court of Polk County shall act in the place of such special juvenile court judge, in the event of his death, illness, absence from Polk County, or disqualification. Any special juvenile court judge appointed under this law shall be, at the time of such appointment, and shall have been for at least five (5) years next preceding such appointment, an attorney at law entitled to practice the legal profession under the laws of Georgia. If and when such special juvenile court judge is appointed, his term shall be for four (4) years, and he shall be commissioned as is the judge of the City Court of Polk County. Such special juvenile court judge, if and when appointed and during his continuance in office shall receive such compensation as the board of commissioners of roads and revenues of said county shall fix at the time of such appointment; provided, that such compensation may be increased at any time, in the discretion of said board. Special judge. Section 27-B. In the event of the death, resignation or permanent disability of the special juvenile court judge, if and when appointed, the board of commissioners of roads and revenues of said county shall, as soon as practicable, appoint another special juvenile court judge who shall serve during the unexpired term of his predecessor. Vacancy. Section 28. All provisions of laws inconsistent with or repugnant to this law shall be considered inapplicable to the cases arising under this law. Existing law. Section 29. Be it further enacted by the authority aforesaid, that Section 33 of said Act approved November 18, 1901, which reads 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

Page 2711

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 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 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: 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. Provided, that in cases in which no defense is filed on or before the second

Page 2712

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 or his attorney of record at the time of serving said copy of the motion and the order of the court thereon. Appearance and trial terms. Defaults. 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. Practice and procedure. 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: 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

Page 2713

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 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 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. 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

Page 2714

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 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. Election of judge. Term. Vacancies. Salary. Section 32. Be it further enacted by the authority aforesaid, that this Act shall go into effect immediately upon its passage and approval. Effective. date. Section 33. Be it further enacted by the authority aforesaid, that if any section, portion or provision of this Act be declared invalid or unconstitutional, the remaining sections, portions and provisions thereof shall not be affected thereby, and the remaining sections, portions and provisions of this Act shall not be invalidated, but shall remain in full force and effect. If part invalid. Section 34. Notice of intention to apply for the passage of this local bill has been published in the Cedartown Daily Standard, a newspaper published in Polk County, Georgia, at least once a week for three weeks during a period of sixty (60) days immediately preceding its introduction in the General Assembly of Georgia. Attached hereto and made a part of this bill is a copy of said notice certified and sworn to by the editor and publisher of said newspaper, to the effect that said notice has been published as provided by law. Section 35. 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.

Page 2715

Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia for introduction and passage of a local bill to be entitled: 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 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; to provide for the establishment, maintenance and operation, at the discretion of the governing authority of said county, of a detention home for children under the ages of sixteen years who are delinquent, neglected, or otherwise subject to the discipline, or in need of the care or protection of, the State; to provide for the appointment by, and in the discretion of, the governing authority of said county, of a special juvenile court judge; to prescribe the qualifications, duties, term of office, and compensation, of such special juvenile court judge; 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 city court and to provide that said judge of city

Page 2716

court may not practice law or hold any other office or position elective by popular vote; and for other purposes. Georgia, Polk County. I, Roy N. Emmet, editor and publisher of the Cedartown Daily Standard, a newspaper published in Polk County, Georgia, and in which the sheriff's legal advertisements for said county are published, do hereby certify and do solemnly swear that the above and foregoing copy of Notice of Intention to Apply for Local Legislation was published in said newspaper on the following dates, to wit: January 13, 20, 24 and 27, 1950. (s) Roy N. Emmet Sworn to and subscribed before me, this the 28th day of January, 1950. (s) Constance M. Ragsdale Notary Public, Polk County, Georgia My commission expires May 11, 1951. Constance M. Ragsdale Notary Public Polk County, Georgia. (Notarial Seal) Approved February 17, 1950. CHAMBLEE CORPORATE LIMITS EXTENDED. No. 777 (House Bill No. 1016). An Act to amend the Act of 1908, approved August 17, 1908 found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County, and to amend the Act of 1935, found in Georgia Laws of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, and to amend all Acts amended by said Acts, and to amend all Acts amendatory of said Acts, so as to include additional territory and expand the corporate limits of said municipality; and for other purpose. Be it enacted by authority of the General Assembly of

Page 2717

Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That on and after the passage and approval of this Act, the Act of August 17, 1908, found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee, in DeKalb County, and all Acts amendatory thereof, and the Act of 1935, approved March 28, 1935, and found in Georgia Laws of 1935, at pages 976 to 994, both inclusive, and all Acts amendatory thereof, and all Acts amended by said several Acts, be, and the same are, hereby amended so as to add to and include within the corporate limits of the City of Chamblee the following described territory, to wit: All that tract or parcel of land lying and being in land lots numbers three hundred and eight (308) and three hundred and nine (309) of the eighteenth (18th) district of DeKalb County, Georgia, containing twelve (12) acres, more or less, and more particularly described as beginning at a fixed corner at the southeastern right of way line of Peachtree Industrial Boulevard where the same intersects the original east line of land lot three hundred and eight (308) of said district (said corner being six hundred twelve and one tenth (612.1) feet south of the original northeast corner of said land lot three hundred and eight (308); running thence southwest along said southeastern right of way line of said Peachtree Industrial Boulevard three hundred and fifty (350) feet, more or less, to the point where said right of way line intersects the northern part of the halfmile circular corporate limit line of the City of Chamblee as defined by the previous Acts of the General Assembly of Georgia, and set out above; thence running eastwardly and southeastwardly, following said previously defined corporate limit line a distance of twelve hundred (1200) feet, more or less, to the point where said previously fixed corporate limit line intersects the east line of a tract of eighteen and twenty-five hundreths (18.25) acres shown on a plat of the property of Jesse Lawson, made by C. R. Roberts, civil engineer, dated October 3, 1949, and recorded in plat book 16, page 156 of records of plats in the office of the clerk of the Superior Court of DeKalb County, Georgia; thence running north along the east line of said eighteen and twenty-five hundredths (18.25) acre tract a distance of five (500) feet, more or less, to an iron pin

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corner marking a turn in the lines of said tract; thence, after making an interior angle of ninety (90) degrees four (4) minutes, running in a westerly direction along the line of said eighteen and twenty-five hundredths (18.25) acre tract a distance of four hundred two and two tenths (40.2) feet to a fixed corner marked by an iron pin at a turn in the line of said tract; thence, after making an exterior angle of two hundred sixty-nine (269) degrees fifty-eight (58) minutes, running in a northerly direction along the line of said eighteen and twenty-five hundredths (18.25) acre tract, three hundred and forty (340) feet to a fixed corner marked by an iron pin; thence, after making an interior angle of eighty-nine (89) degrees fifty-nine (59) minutes, running in a westerly direction along a line of said eighteen and twenty-five hundredths (18.25) acre tract a distance of one hundred ninety-three and two tenths (193.2) feet to an iron pin corner on the southeast side of Peachtree Industrial Boulevard; thence southwest along the southeastern right of way line of said Peachtree Industrial Boulevard three hundred eighty-one and seven tenths (381.7) feet to the point of beginning. Said record of said plat is referred to. Added territory. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage and approval of this Act, the jurisdiction of the City of Chamblee shall be extended over all the territory annexed thereto by this Act; the laws and ordinances of said municipality (except in such instances as future ordinances may be necessary) now effective in all other sections of said City of Chamblee are hereby made applicable to the territory annexed by this Act, and to the citizens and residents of said annexed territory. The territory annexed, and the residents and citizens of said annexed territory and those engaged and hereafter engaged within said annexed area in the conduct of the various businesses, occupations, and professions are made liable for their legal proportion of the obligations and liabilities of the City of Chamblee, both as at present existing, and as may hereafter accrue under the laws and ordinances applicable thereto. Jurisdiction of city in added territory. Section 3. Be it further enacted by the authority aforesaid, and it is so enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 4. Attached hereto and made a part of this Act is

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a copy of a published notice of intention to apply for passage of this Act, with certificate and proof of publication of said notice, all in accordance with the Constitution and laws of this State in such cases made and provided. Georgia, DeKalb County. Personally before me came W. Hugh McWhorter who says on oath that he is business manager of New Era Publishing Company, Inc., publisher of the DeKalb New Era, a weekly newspaper published at Decatur, DeKalb County, Georgia, said newspaper being the official legal advertising medium of DeKalb County, and it being the newspaper in which sheriff's advertisements for DeKalb County are published, and that he is authorized to make this affidavit and to certify to the fact of legal advertising in said newspaper, and he does hereby certify under oath that the following notice was published in said newspaper once on each of the following dates: December 22, 1949; December 29, 1949; January 5, 1950. Said notice being as follows: Notice of Local Legislation Notice is hereby given that at the next session of the General Assembly of Georgia, to convene January, 1950, application will be made to amend an Act approved March 28, 1935, creating a new charter for the City of Chamblee, found in the published Acts 1935 on pages 976 to 994, inclusive, and all Acts amendatory thereof, so as to extend the corporate limits of said municipality over approvimately twelve acres additional territory lying in land lots 308 and 309 of the eighteenth district of DeKalb County, fronting approximately 705 feet on the southeast side of Peachtree Industrial Boulevard, and bounded south by the present city limit line; and for other purposes. This December 20, 1949. Carl T. Hudgins, Atty. And that said notice was published as provided by law. W. H. McWhorter.

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Sworn to and subscribed before me this the 12th day of January, 1950. Gwendolyn B. Painter, Notary Public, Georgia, State at Large. My commission expires Feb. 3, 1950. Approved February 17, 1950. VALDOSTA CHARTER AMENDMENT. No. 778 (House Bill No. 1024). An Act to amend the charter of the City of Valdosta, to authorize the levy and collection of a tax by said city upon consumers of electricity, gas, or other products or services of public utility companies, for a period of two years only; to provide that the taxes collected pursuant to this Act shall be expended only for the purpose of acquiring, constructing, and equipping a municipal auditorium, a municipal stadium, and a municipal or city-county hospital, or any one or more of them; to provide that this Act shall become effective only if approved by referendum election; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the 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 2. That the City of Valdosta shall have the right, power and authority to raise necessary revenue by levying and collecting a tax, as the mayor and council of said city may determine, upon consumers of electricity, gas, or other products or services of public utility companies, for a period of two years from the effective date of this Act, to be used only for the purpose of acquiring, constructing, and equipping a municipal auditorium,

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a municipal stadium, and a municipal or city-county hospital, or any one or more of them. Consumers' tax. Section 3. Be it further enacted that a special election may be held before September 1, 1950, in the City of Valdosta under the election proceedings as provided in Section 69-101 and 69-102 of the Code of Georgia of 1933 and the provisions of this Act 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: For amendment to present charter authorizing the levy and collection of tax upon consumers of electricity, gas, or other products or services of public utility companies, and Against amendment to present charter authorizing the levy and collection of tax upon consumers of electricity, gas, or other products or services of public utility companies, and if a majority of those voting in said election shall vote for For amendment to present charter authorizing the levy and collection of tax upon consumers of electricity, gas, or other products or services of public utility companies, this Act shall become effective; but if a majority of those voting in said election shall vote for Against amendment to present charter authorizing the levy and collection of tax upon consumers of electricity, gas, or other products or services of public utility companies, this Act shall not become effective. Referendum. Section 4. Be it further enacted that any provision of 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, which are in conflict with the provisions of this Act, be and the same is hereby repealed Section 5. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Section 6. 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. Notice of Local Bill. This is to give notice of the intention of the undersigned to

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introduce and apply for the passage of a local bill at the 1950 session of the General Assembly of Georgia, which bill shall be entitled: A bill entitled: An Act to amend the charter of the City of Valdosta, to authorize the levy and collection of a tax by said city upon consumers of electricity, gas or other products or services of public utility companies, for a period of two years only: providing that the taxes collected pursuant to this Act shall be expended only for the purposes of acquiring, constructing and equipping a municipal auditorium, a municipal stadium, and a municipal or city-county hospital, or any one or more of them: providing that this Act shall become effective only if approved by referendum election; and for other purposes. J. E. Mathis John W. Langdale Lowndes County Representatives. State of Georgia, County of Fulton. Before me, the undersigned officer authorized by law to administer oaths, personally appeared J. E. Mathis and John H. Langdale, who, being both duly sworn, depose and say that the attached and next foregoing instrument entitled Notice of Local Bill is a true and correct copy of the notice of intention to apply for the passage of the attached and foregoing bill, which notice of intention deponents caused to be published as provided by Article III, Section VII, paragraph XV of the Constitution of Georgia and deponents further depose and say that notice of intention has been published as provided by law. (s) J. E. Mathis (s) John W. Langdale Sworn to and subscribed before me this 31st Day of January, 1950. (s) W. M. Tribble, Notary Public. Approved February 17, 1950.

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HARALSON COUNTY TREASURER'S SALARY. No. 781 (House Bill No. 1057). An Act to amend an Act setting up the salary of the treasurer of Haralson County, approved August 16, 1915 (Ga. Laws 1915, page 258) as amended by an Act approved March 27, 1941 (Ga. Laws 1941, page 863) so as to increase the compensation of the treasurer of Haralson 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 an Act entitled, An Act to fix the salary of the treasurer of Haralson County, in lieu of commissions as are now paid; to pay premiums on his bond from funds of the county treasury, and for other purposes, approved August 16, 1915 (Ga. Laws 1915, page 258) as amended by an Act approved March 27, 1941 (Ga. Laws 1941, page 863) is hereby amended by striking from Section 1 thereof, as amended, the words and figure, six hundred dollars ($600.00), and substituting in lieu thereof the words and figure, one thousand two hundred dollars ($1,200.00), and by adding at the end of Section 1 the following: The said treasurer is hereby authorized to have an expense account of $10.00 ten dollars per month which shall be paid from the general funds of Haralson County, so that said section when so amended shall read as follows: Sec. 1, Act. of 1941 amended. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act and annually thereafter, the compensation of the treasurer of Haralson County shall be one thousand two hundred dollars ($1,200.00) per annum, payable monthly from the county funds in the hands of the treasurer which is full compensation and in lieu of commissions. The said treasurer is hereby authorized to have an expense account of $10.00 ten dollars per month which shall be paid from the general funds of Haralson County. Treasurer's salary. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Haralson County.

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In person appeared before the undersigned authority duly authorized by law to administer oaths Gaines F. Dodson, who being duly sworn, deposes and says on oath that he is the owner and publisher of the Haralson County Tribune, the official organ of Haralson County, Georgia; that, as such, the notice of intention to ask for local legislation for Haralson County to amend the act creating the office of county treasurer and all amendments thereto to provide for the office of county treasurer, to prescribe his duties, salary, and for other purposes, was duly published once a week for 2 weeks in November; to wit; Nov. 17, Nov. 24, 1949 and or four consecutive weeks during the month of December, 1949 to wit; Dec. 1, Dec. 8, Dec. 15, 22, and Dec. 29, 1949; and for 3 weeks in January 1950 to wit; Jan. 5th, Jan. 12, Jan. 19, 1950, a copy of which is attached hereto and pasted hereon and made a part hereof. (s) G. F. Dodson Sworn to and subscribed before me this 1st day of February, 1950. (s) H. H. Bentley, J. P. Notice of Intention to Apply for Special Ligislation for Haralson County. Notice of intention to apply for local legislation for Haralson County, Georgia, to amend the Act creating the office of county treasurer, and all amendments thereto, to provide for the office of county treasurer, to prescribe his duties, salary and for other purposes. This November 14, 1949. Charles L. Smith, State Representative, Haralson County, Georgia. Approved February 17, 1950.

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DECATUR CORPORATE LIMITS EXTENDED. No. 782 (House Bill No. 1066). An Act to amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur, in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended so as to change, enlarge and extend the corporate limits of said City of Decatur by including therein the following additional and contiguous territory described as follows: Beginning at a point in the east right of way line of the Seaboard Railroad, said point being where the north property line of lots facing West Howard Street intersect the east right of way line of the Seaboard Railroad, and running thence in a northerly direction along the east right of way line of the Seaboard Railroad to a point in the land line between Land Lots 4 of the 18th District and 244 of the 15th District of DeKalb County, Georgia; thence east along said land line approximately five hundred and fifty (550) feet, more or less, to the present limits of the City of Decatur, Georgia; thence south along the present limits of the City of Decatur, Georgia, to a point in the rear property line of city property facing on West Howard Street and East Lake Road; thence in a northwesterly direction along said line approximately seventy-five (75) feet, more or less, to a point; thence west along the north property line of city property facing on West Howard Street to the beginning point. Said property described having as its north, east and south boundaries the present limits of the City of Decatur, Georgia, and the west boundary the east right of way line of the Seaboard Railroad

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and being in Land Lots 237 and 244 of the 15th District of DeKalb County, Georgia. Said tract to be known and designated as Section VI. Territory added. Section 2. Be it further enacted by the authority aforesaid that said territory hereinabove described, the residents thereof and the property therein, shall become a part of the City of Decatur when this Act goes into effect, and such territory, residents, and property shall be subject to all of the laws and ordinances governing said City of Decatur, at all times, to the same extent as the territory, residents, and property of said City of Decatur are subject. Section 3. Be it further enacted by the authority aforesaid that this Act shall become effective on the first (1st) day of January, 1951, provided that an election be held at the city hall of the City of Decatur, for ratification or rejection, at which only residents of the above described territory, and at the time of the election qualified to vote for members of the General Assembly, shall be eligible to vote. A special ballot shall be prepared for the purpose carrying the words For annexation of Section VI and Against annexation of Section VI. This election shall be conducted after due and legal notice as prescribed by the charter of the City of Decatur for calling elections and under the rules now prescribed by the charter of the City of Decatur for conducting city elections wherever said rules are applicable. Should the majority of the ballots cast be For annexation of Section VI the Act shall become effective on the first day of January, 1951. Should the majority be Against annexation of Section VI the Act shall not become effective. Referendum. 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. Georgia. DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing editor of the DeKalb New Era, a newspaper published in the

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City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being December 15, 22, and 29, 1949. The DeKalb New Era W. H. McWhorter W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 27th day of January, 1950. Gwendolyn B. Painter, Notary Public, Georgia State at large, My commission expires Feb. 3, 1950. Copy of Notice. Notice. Georgia, DeKalb County. Notice is hereby given that application will be made to the legislature at its next session for the passage of an Act entitled An Act to amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur in the County of DeKalb, and the several Acts amendatory thereof, so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. This 10th day of December, 1949. B. Hugh Burgess, as City Attorney for the City of Decatur, Ga. Approved February 17, 1950.

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RICHMOND COUNTY BOARD OF EDUCATIONAMENDMENTS. No. 783 (House Bill No. 1079). An Act to amend an Act approved February 25, 1949 (Georgia Laws 1949, pages 1435 to 1460), entitled 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 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; so as to provide for the management and control of such public school system as a single district; for the election, terms of office, organization, powers, compensation 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, for the appointment, powers and duties of a superintendent of schools; for the operation of the schools according to an annual budget, for the tenure and compensation of teachers; for the creating of debts, and for other purposes, by deleting Section 1 of Section B of said Act in its entirety and inserting in lieu thereof a new section to be numbered Section 1 of Section B of said Act to provide for a single school district in Richmond County, Georgia, composition and method of election of the board of education of said county and for other purposes, Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: That Section 1 of Section B of an Act approved February 25, 1949 (Georgia Laws 1949, pages 1435 to 1460), entitled 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 control as provided in an Act entitled An Act to regulate public instruction in the County of Richmond,

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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; so as to provide for the management and control of such public school system as a single district; for the election, terms of office, organization, powers, compensation 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, for the appointment, powers and duties of a superintendent of schools; for the operation of the schools according to an annual budget, for the tenure and compensation of teachers; for the creating of debts, and for other purposes, which reads as follows: Section 1. Richmond County, a single school district. Composition and method of election of the board of education. The County of Richmond shall be a single school district and shall be confided to the management and control of a board of education at least five of whom shall reside in Richmond County outside the corporate limits of the City of Augusta. Sec. 1, former Acts, amended. They shall be freeholders and shall have resided in Richmond County for a period of not less than five years preceding their election; they shall be elected by the qualified voters in the ward, district, or combined districts in which they reside as hereinafter provided. An election for members of the board of education shall be held on the first Saturday in November, 1949, and on the first Saturday in November in every year thereafter. That every person hereafter intending to become a candidate for membership on the board of education at the regular election, as now fixed by law for the first Saturday in November, shall by the first Saturday in October, preceding such month of November, file in the office of the clerk of the Board of Commissioners of Roads and Revenues of Richmond County with said clerk a declaration or notice of such intention, stating in addition, the ward or district. A written acknowledgement of the receipt of such declaration from said clerk shall always be in evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular, such position during the time above required, then the person so filing by virtue of this Act, becomes the incumbent of such position

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for the next ensuing term, as now fixed by law; and the said clerk of the Board of Commissioners of Roads and Revenues of Richmond County shall, on the Monday next succeeding such first Saturday in October, published, in each daily paper of the City of Augusta a declaration to that effect, and shall also publish on the said Monday and the two days succeeding, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September of each year, said clerk shall publish in such daily newspaper as the official notices of the sheriff may be now or hereafter, published in, a notice of the requirements of this Act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward or district as such condition may exist. That in case no notices or declarations in regard to any particular place or position are filed, as heretofore required, the board of education shall fill such vacancy; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required. That the clerk of the Board of Commissioners of Roads and Revenues of Richmond County must certify as to the unopposed candidates and this will be the authority of the Secretary of State for issuing commissions to such unopposed candidates. At the election which shall be held on the first Saturday in November in the year, 1949, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1950, in the 119th, 123rd; 1269th; 1760th; 1434th; 124th; and 1660th districts, Georgia Militia, in Richmond County. The members elected at that election to fill the named vacancies shall be elected for the following term respectively: 119th District, for a four year term, expiring January 1, 1954; 123rd District, for a three year term, expiring January 1, 1953; 1269th District, 1760th District, 1434th District, 124th District and 1660th District, each for a term of two years expiring January 1, 1952. At the election which shall be held on the first Saturday in November in the year 1950, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1951, in the First, Second, Third, Fourth, Fifth, Sixth and Seventh

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Wards of the City of Augusta. The members elected at that election to fill the named vacancies shall be elected for the following terms respectively: First Ward and Second Ward for a three year term expiring January 1, 1954; Third Ward and Fourth Ward for a two year term expiring first, 1953; Fifth Ward and Sixth Ward for a one year term expiring January 1, 1952; Seventh Ward for a four year term expiring January 1, 1955. At the election which shall be held on the first Saturday in November, 1951, five members of the board shall be elected to fill the vacancies which will occur on January 1, 1952, in the Fifth and Sixth Wards of the City of Augusta and in the 1269th District. The vacancies which will occur on the first day of January, 1952, in the 1760th, 1434th, 124th, and 1660th Districts shall not be filled except in the following manner; one member of the board shall be elected by the voters of the 1760th and 1434th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of these districts; one member of the board shall be elected by the voters of the 124th and 1660th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of the districts. The member elected on the first Saturday in November, 1951, to fill the named vacancies and represent the combined districts shall be elected for the following terms respectively: Fifth Ward, Sixth Ward and 1269th Districts for a four year term expiring January 1, 1956; member representing the combined 1760th and 1434th Districts for a three year term expiring January 1, 1955: member representing the combined 124th and 1660th Districts for a three year term expiring January first, 1955. At all regular elections held after the year 1951, the members elected at such elections shall serve full four year terms from the first day of the following January. The board shall consist of twenty-two members until the first day of January, 1950. From January first, 1950, to January first, 1952, the board shall consist of twenty-one members, the membership from the 121st District being abolished as of January first, 1950. After January first, 1952, the board shall consist of twelve members only. The vacancies which will occur on the first day of January, 1952, as the result of the expiration of the terms of the members from the seven wards of the City of

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Augusta who have not therefore been elected pursuant to the term of and after the adoption of this Act shall not be filled by either a regular or special election or in any other manner, but the offices of those members are abolished as of the expiration of the terms they are now serving on the first day of January, 1952. Vacancies, except those arising from expiration of terms, shall be filled by the remaining members of said board electing a successor for the unexpired portion of the term. In filling vacancies the resident requirements hereinbefore provided shall be observed. Be and the same is hereby amended by striking all of said Section 1 of Section B of said Act and inserting in lieu thereof a new section to be numbered Section 1 of Section B which is to read as follows: Section 1. Richmond County, a single school district. Composition and method of election of the board of education. The County of Richmond shall be a single school district and shall be confided to the management and control of a board of education at least five of whom shall reside in Richmond County outside the corporate limits of the City of Augusta. New Sec. 1, of Sec. B. Single district. They shall be freeholders and shall have resided in Richmond County for a period of not less than five years preceding their election; they shall be elected by the qualified voters in the ward, district, or combined districts in which they reside as hereinafter provided. An election for members of the board of education shall be held on the first Saturday in November, 1949, and on the first Tuesday in November in every year thereafter. That every person hereafter intending to become a candidate for membership on the board of education at the regular election, as now fixed by law for the first Tuesday in November, shall by the first Saturday in October, preceding such month of November, file in the office of the clerk of the Board of Commissioners of Roads and Revenues of Richmond County with said clerk a declaration or notice of such intention, stating in addition, the ward or district. A written acknowledgment of the receipt of such declaration from said clerk shall always be evidence of its filing. That in case not more than one such notice or declaration of intention is filed in respect to any particular, such position during the time above required, then the person so filing by virtue

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of this Act, becomes the incumbent of such position for the next ensuing term, as now fixed by law; and the said clerk of the Board of Commissioners of Roads and Revenues of Richmond County shall, on the Monday next succeeding such first Saturday in October, publish, in each daily paper of the City of Augusta a declaration to that effect, in such papers, the names of candidates for each such position where there is more than one candidate for any such position; that once a week during the month of September of each year, said clerk shall publish in such daily newspaper as the official notices of the sheriff may be now or hereafter, published in, a notice of the requirements of this Act as touching the next ensuing election. That in cases where there is not more than one notice or declaration filed as heretofore required, in regard to any particular position, that no polls shall be opened nor election held in such ward or district as such condition may exist. That in case no notices or declarations in regard to any particular place or position are filed, as heretofore required, the Board of Education shall fill such vacancy; and in every case where more than one such notice or declaration shall be so filed for the position in respect to which it is filed, the election shall be held as required. That the clerk of the Board of Commissioners of Roads and Revenues of Richmond County must certify as to the unopposed candidates and this will be authority of the Secretary of State for issuing commissions to such unopposed candidates. Qualifications of members. Notice of candidacy. Where only one candidate. At the election which was held on the first Saturday in November in the year, 1949, seven members of the board having been elected to fill the vacancies which did occur on January 1, 1950, in the 119th; 123rd; 1269th; 1760th; 1434th; 124th; and 1660th districts, Georgia Militia, in Richmond County. The members elected at that election to fill the named vacancies were elected for the following term respectively: 119th District, for a four year term, expiring January 1, 1954; 123rd District, for a three year term, expiring January 1, 1953; 1269th District, 1760th District, 1434th District, 124th District and 1660th District each for a term of two years expiring January 1, 1952. Election of 1949. At the election which shall be held on the first Tuesday in November in the year 1950, seven members of the board shall be elected to fill the vacancies which will occur on January 1, 1951, in the First, Second, Third, Fourth, Sixth and Seventh

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Wards of the City of Augusta. The members elected at that election to fill the named vacancies shall be elected for the following terms respectively: First Ward and Second Ward for a three year term January 1, 1954; Third Ward and Fourth Ward for a two year term expiring January 1, 1953; Fifth Ward and Sixth Ward for a one year term expiring January 1, 1952; Seventh Ward for a four year term expiring January 1, 1955. Election of 1950. At the election which shall be held on the first Tuesday in November, 1951, five members of the board shall be elected to fill the vacancies which will occur on January 1, 1952, in the Fifth and Sixth Wards of the City of Augusta and in the 1269th District. The vacancies which will occur on the first day of January, 1952, in the 1760th, 1434th, 124th, and 1660th Districts shall not be filled except in the following manner; one member of the board shall be elected by the voters of the 1760th and 1434th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of these districts; one member of the board shall be elected by the voters of the 124th and 1660th Districts, voting as a unit, which member shall represent both of these districts on the board and may be a resident of either of the districts. The member elected on the first Tuesday, in November, 1951, to fill the named vacancies and represent the combined districts shall be elected for the following terms respectively: Fifth Ward, Sixth Ward, and 1269th Districts for a four year term expiring January 1, 1956; member representing the combined 1760th and 1434th Districts for a three year term expiring January 1, 1955; member representing the combined 124th and 1660th Districts for a three year term expiring January first, 1955. Election of 1951. At all regular elections held after the year 1951, the members elected at such elections shall serve full four year terms from the first day of the following January. The board shall consist of twenty-two members until the first day of January, 1950. From January first, 1950, to January first, 1952, the board shall consist of twenty-one members, the membership from the 121st District being abolished as of January first, 1950. After January first, 1952, the board shall consist of twelve members only. The vacancies which will occur on the first day of January, 1952, as the result of the expiration of the terms of members from the seven wards of the City of Augusta

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who have not theretofore been elected pursuant to the term of and after the adoption of this Act shall not be filled by either a regular or special election or in any other manner, but the offices of those members are abolished as of the expiration of the terms they are now serving on the first day of January, 1952. Members. Vacancies, except those arising from expiration of term, shall be filled by the remaining members of said board electing a successor for the unexpired portion of the term. In filling vacancies the resident requirements hereinbefore provided shall be observed. Vacancies. A copy of said notice and of the proof of publication required by the Constitution of the State of Georgia of 1945 is hereto attached and made a part hereof. All laws and parts of laws in conflict with this Act are hereby repealed. If any part of this Act is held to be unconstitutional it shall not affect balance of the same. Affidavit of Publication. Attorney or Agency Business Rodney S. Cohen Attorney State of Georgia, Richmond County. Personally appeared G. R. Boswell, who being duly sworn says that he is the Business Manager of the Augusta Herald, a daily newspaper published in Augusta, in said State and county, and that the advertisement notice of intention to apply for local legislation duly appeared in said newspaper on the following dates to wit: January 13, 20, 27, 1950. (s) G. R. Boswell Sworn to and subscribed before me this 20th day of January, 1950. (s) Edith Loyal, Notary Public, Richmond County, Georgia. Notice of Intention to Apply for Local Legislation. The undersigned will introduce local legislation at the re-convening

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of the 1949 session of the General Assembly of Georgia on January 16, 1950, to provide as follows: Richmond County Public School System. 1. An Act to Amend an Act No. 335 (House Bill No. 456) entitled Richmond County Educational System, Georgia Laws 1949, pages 1435 et. seq., approved February 25, 1949, so as to change the day of the week on which elections are held from Saturday to Tuesday. 2. To amend or either repeal, either or both, said Act so as to provide for all elections to be held on Tuesday. Rodney S. Cohen, Jr., Representative from Richmond County, Georgia House of Representatives. Approved February 17, 1950. ATLANTA CORPORATE LIMITS EXTENDED. No. 785 (House Bill No. 1100). 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. Notice of the intention to apply for the passage of this local bill has been published in the newspapers in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, and in the DeKalb New Era, the paper in which the sheriff's advertisements for DeKalb County are published, once a week for three weeks during a period of sixty days immediately preceding

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its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. 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: All of that territory lying and being in Land Lots 49, 50, 56, 57, 58, 103 and 104 of the Seventeenth District of Fulton County, Georgia, and lying within the following boundary lines: Beginning at a point on the present city limits on the west line of Land Lot 104 in the Seventeenth (17th) District of Fulton County, where said Land Lot line intersects the northwest side of the Southern Railway right of way; thence northeast along the said northwest side of the Southern Railway right of way, through Land Lots 104 and 103 to the west line of Land Lot 57; thence north along the said west line of Land Lot 57 and continuing north along the west line of Land Lot 58 to a point on the north side of the Seaboard Air Line Railroad right of way; thence easterly along the said north side of the Seaboard Air Line Railroad right of way to a point on the east side of Piedmont Road two hundred fifty (250) feet distant at right angles from the east side of said Piedmont Road; thence southerly, parallel to and two hundred fifty (250) feet at right angles from the said east side of Piedmont Road, Piedmont Circle and, continuing across Cheshire Bridge Road, Piedmont Road, to the present city limits just south of said Cheshire Bridge Road; thence westerly, southeasterly, westerly, southeasterly, and westerly along the present city limits to the point of beginning. Added territory. Section 3. All powers and authority of the City of Atlanta under its charter and ordinances 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

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to carrying 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 and authority of city in added territory. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the

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City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta, By: J. C. Savage, City Attorney, 803 C. S. Nat'l. Bk. Bldg. This the 2 day of February, 1950. (s) Luther Alverson. Sworn to and subscribed before me, this the 2 day of February, 1950. (s) Water C. Adkins, N. P. Notary Public, State at Large, Ga. Approved February 17, 1950. QUITMAN COUNTYMISDEMEANOR CASES IN COURT OF ORDINARY. No. 786 (House Bill No. 1107). An Act to extend the jurisdiction of the Court of Ordinary of the County of Quitman, acting by and through the ordinary of said county, to try all misdemeanor cases where the defendant waives a jury trial and pleads guilty; to provide that the clerk of the Superior Court of Quitman County shall be the clerk of the court of ordinary in the trial of said cases; to provide the fees which the ordinary and clerk are entitled to receive for each case; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Court of Ordinary of Quitman County, Georgia, acting by and through the ordinary of said county,

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shall have jurisdiction to try all misdemeanor cases arising in said county where the defendant waives a jury trial and pleads guilty. Jurisdiction in misdemeanor cases. Section 2. That the clerk of the Superior Court of Quitman County shall be the clerk of the court of ordinary in the trial of misdeameanor cases as herein provided. Clerk. Section 3. That the ordinary shall be entitled to a fee of seven ($7.00) dollars for each case authorized by this Act to come within the jurisdiction of the court of ordinary, and the fee to which the clerk of the court of ordinary shall be entitled shall be seven ($7.00) dollars for each case, which fees shall be in addition to all other compensation allowed by law. Compensation, ordinary and clerk. Section 4. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before me an officer duly authorized to administer oath, Joe Hurst, who an oath deposes and says that he is the Representative in the General Assembly from Quitman County and that he is the author of the attached bill. He further says that the Notice of Intention to Introduce Local Legislation, copy of which appears above, was advertised in the Stewart-Webster Journal which is the official organ of Quitman County. (s) Joe Hurst, Representative, Quitman County Sworn to and subscribed before me, this 6 day of February, 1950. (s) Katherine Carroll, Notary Public. Notice of Intention to Introduce Local Legislation. Georgia, Quitman County. To the people of Quitman County: In compliance with the Constitution of Georgia, I hereby file notice of my intention of presenting a bill in the next meeting of the General Assembly of Georgia, for the purpose of making

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the clerk of the Superior Court of Quitman County also the clerk of the Court of Ordinary of Quitman County. Joe Hurst, Representative, Quitman County Approved February 18, 1950. COMPENSATION FOR DEATH OF MRS. ANNIE MAE CURTIS. No. 789 (House Bill No. 100). An Act providing funds to compensate Dr. Fred Curtis, a citizen of the State of Georgia, for the death of his wife, Mrs. Annie Mae Curtis, an employee of the State, who was killed in an elevator in the State Office Building on October 26, 1945. Whereas, Mrs. Annie Mae Curtis, while employed in the State Revenue Department of the State of Georgia and working in its offices in the State Office Bulding, was, while engaged in the duties of her office, crushed to death by an elevator in the State Office Building, which elevator was at the time being operated by an employee of the State and Whereas, Dr. Fred Curtis was the husband and is the sole heir-at-law of said Mrs. Annie Mae Curtis and Whereas, said Dr. Fred Curtis cannot sue the State of Georgia for the injuries which she received and Now therefore be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That there is hereby appropriated from any lawful funds in the treasury of the State of Georgia, not otherwise appropriated and payable when the budget authorities of the State may determine that said funds are avavailable, the sum of $5,000 to be paid to Dr. Fred Curtis, a citizen of the State of Georgia, to compensate him for the loss of his said wife.

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Section 2. Be it further enacted that all Acts or parts of Acts in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 17, 1950. FULTON CIVIL COURTAMENDMENTS. No. 791 (House Bill No. 176). An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the Amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of justice courts and the office of 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; etc., approved August 20, 1913, creating the Municipal Court of Atlanta (now Civil Court of Fulton County) published in Georgia Laws, 1913, page 145, et seq., and the several Acts amendatory thereof; to amend Section 16 of said original Act as amended, so as to increase the salaries of the chief judge and the associate judges of said court; to provide for filing answers and other defensive pleadings on the next day when the appearance day falls on a legal holiday; to provide for the disposition of unclaimed funds in the hands of the clerk and marshal of said court as it now exists after four years, and for the disposition of any interest earned on any monies held by such officers by payment to the Treasurer of Fulton County; to relieve the said clerk and marshal from any liability to any party litigant or claimant after such funds are paid over as herein provided; to provide a method for making claims for such funds; to provide that if any section of this Act be declared unconstitutional such decision shall not affect the validity of the remaining sections hereof; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the

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State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1 of Section 7 of Article 6 of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; etc., approved August 20, 1913, creating the Municipal Court of Atlanta (now Civil Court of Fulton County) published in Georgia Laws 1913, page 145, et seq., and the several Acts amendatory thereof, be, and the same is hereby amended in the following manner, to wit: (a) By striking from said Act as amended, the whole of Section 16 and substituting in lieu thereof a new section to be numbered 16 and to read as follows: Sec. 16. Act of 1913, amended. Section 16. The annual salary of the chief judge of said court shall be not less than nine thousand ($9,000.00) dollars and not to exceed eleven thousand ($11,000.00) dollars and the annual salary of the associate judges of said court shall be not less than eight thousand five hundred ($8,500.00) dollars and not to exceed ten thousand five hundred ($10,500.00) dollars as shall be fixed from time to time by the Board of Commissioners of Roads and Revenues of Fulton County, Georgia. Said salary shall be paid in equal monthly installments upon warrants approved by the chairman of said board of commissioners and drawn upon the County Treasurer of Fulton County; provided, that no judge or other official of said court shall receive to his own use, any fees or perquisites of office. Compensation of judges. (b) By adding at the end of Section 36 of said Act as amended the following proviso, to wit: Sec. 36 amended. Provided, however, that when the first day of the term to which such action is brought, or the appearance day, falls on a legal holiday the defendant or his attorneys may file answer or other defensive pleadings or enter appearance on the next day thereafter., so that said section, when amended, will read as follows:

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Section 36. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that the terms of said court shall commence on the first Monday in each month and each term shall continue from day to day so far as may be necessary, but not to run beyond the Saturday preceding the commencement of the succeeding term. All actions in said court where the amount involved, the value of the property sued for or claimed, or the amount of the lien sought to be enforced, is less than three hundred dollars principal, exclusive of interest, costs and attorneys' fees, shall be commenced by summons as now provided for in justice of the peace courts. The first term shall be the trial term in all matters triable in said court. All judgments based on the verdicts of juries shall be signed by the presiding judge at such trial, and his signature thereon shall be sufficient. Each action shall be filed and process, suit or summons thereon issued, as the case may be, not less than twelve days prior to the first day of the particular term to which same is brought and summons thereon shall be served not less than eight days prior to the first day of the particular term to which such action is brought; provided that the service effected too late for a particular term shall be good for the next succeeding term thereafter and provided that where service is not perfected by the marshal or deputy marshal of said court the chief judge shall have the same power as is now vested in judges of the superior courts in this State to order the process amended and service to be perfected at the next term after his order. Terms. Commencement of actions. Service. The case shall be entered on a filing docket, together with the address of the plaintiff or his attorney, and it shall be the duty of the clerk to issue a process or summons as the case may be, directed to the defendant, commanding him to appear and defend on the first day of the term to which said action is brought, which summons or suit shall state the names of the parties, the day on which the claim was filed, and it shall be signed by the clerk or his deputy, and shall have attached there-to a copy of the note, account, suit, or cause of action sued on and shall have plainly printed thereon a succinct statement of the provisions of this Act and/or any rules of court adopted in pursuance thereof, concerning the time, place and manner of making defense, and of demanding a trial by jury in said court, in such form and substance as may be prescribed

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by the rules of said court. Such suit or summons and copy shall be served by the marshal, or his deputy, by delivering a copy thereof to the defendant, or by leaving such copy with some person more than eighteen years old domiciled at the residence of the defendant; and the marshal, or his deputy as the case may be, shall make return of service, stating the method thereof, and, when personal service is not made, the marshal or his deputy, as the case may be, shall state the place where summons was left, with a brief description of the person with whom it was left, giving name of such person if possible. Each return of service shall show the date of such service. When such return is made, the clerk shall enter the fact, the date and manner thereof, upon his filing docket, and it shall be the duty of the defendant, or his attorneys, to file answer or enter appearance as in this Act provided, by having the fact stated by the clerk on said docket on or before the first day of the term to which such action is brought, and the clerk shall also enter on said docket the post office address of the defendant or his attorney. Provided, however, that when the first day of the term to which such action is brought, or the appearance day, falls on a legal holiday the defendant or his attorneys may file answer or other defensive pleadings or enter appearance on the next day thereafter. Summons. Service of summons. Return. Entry of service. Answer. (c) By adding two new sections to said Act as amended to be known as Section 53 (a) and 53 (b), to read as follows: Sec. 53(a) and 53(b) added. Section 53 (a). (1) Whenever the clerk or marshal shall have monies which were paid into his hands under the levy of any execution or process or by or in behalf of any litigant in any case, which monies have not been paid out to or taken down by any party litigant or claimant or otherwise disposed of according to law for a period of four (4) years after the levy of any such execution or process or after final judgment in the case whichever is later, such officers shall report the same to the chief judge showing the style of the case, the amount, the source from which derived and the name of the party entitled to or claiming such monies. The chief judge shall thereupon by order authorize the clerk or marshal to pay such monies over to the Treasurer of Fulton County. Unclaimed moneys. (2) Upon payment of any such monies to the Treasurer

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of Fulton County, the clerk or marshal shall be fully relieved of any liability to any party litigant or claimant and said monies shall become part of the general funds of Fulton County. (3) If the person entitled to any monies paid over by the clerk or marshal to the Treasurer of Fulton County as herein provided shall present his claim to the Commissioners of Roads and Revenues of Fulton County within the time provided by law and shall support his claim by a certified copy of the order under which said funds were so paid over, such claim shall be audited according to the provisions of law, and if valid, paid as a general claim against the county. Claim after moneys paid over to county. Section 53 (b). If the clerk or marshal shall have or receive any interest earned or paid on any monies held by him in his official capacity, he shall annually on the first day of July report the same to the chief judge who shall by order direct payment of such monies to the Treasurer of Fulton County as part of the general fund. Interest on moneys held. Section 2. Be it further enacted by the authority aforesaid that if any section of this Act should, for any reason, be declared unconstitutional by any court, such decision shall not affect the validity of the remaining sections which the General Assembly intends shall remain in force, as if the Act had been passed with the unconstitutional section thereof eliminated. If part invalid. 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. Section 4. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act 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. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally

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came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 2, 9, 16, 23 and 30 days of December, 1948, and on the 6th day of January, 1949. As provided by law. Frank Kempton. Subscribed and sworn to before me this 12th day of January, 1949. Bessie K. Crowell (Notarial Seal) Notary Public Fulton County, Georgia My commission expires Feb. 7, 1950. Notice of Intention to Ask Local Legislation. Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia which convenes in January, 1949, and any adjourned session thereof, so as to amend the original Act creating the Municipal Court of Atlanta (now Civil Court of Fulton County) which is published Georgia Laws 1913, pages 145 through 177, and all amendatory Acts thereto, so as to provide for filing answers and other defensive pleadings on the next day when appearance day falls on legal holiday; to provide for the appointment of three more official reporters; to require payment of unclaimed funds and interest into the county treasury after four years; to permit the judges to name an additional special marshal who may be designated as a secretary and to provide that beginning January 1, 1951, the associate judges shall name the chief judge from among their number. Robert Carpenter, Ralph McClelland, Paul S. Etheridge, J. Wilson Parker. Dec 2 9 16 23 30 tfn

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Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published and that the publication, of which the annexed is a true copy, was published in said paper on the 20th day of November, 1948, and once each week thereafter for 9 consecutive weeks as provided by law. Frank Kempton. Subscribed and sworn to before me this 18th day of January, 1949. Bessie Kempton Crowell Notary Public, Fulton County, Georgia. (Notarial Seal) My commission expires Feb. 7, 1950. Notice of Intention to Ask Local Legislation. Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia which convenes in January, 1949, and any adjourned session thereof, so as to amend the original Act creating the Municipal Court of Atlanta (now Civil Court of Fulton County) which is published Georgia Laws 1913, page 145, as heretofore amended so as to increase the salary of the judges of said court. Amendments germane to said legislation may be offered and adopted as provided by law. M. C. Barwick, Chairman, Legislative Committee Atlanta Bar. Nov 20 27 Dec 4 11 18 25 tfn Approved February 17, 1950.

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FLOYD COUNTY TAX COMMISSIONER. No. 792 (House Bill No. 368). An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of County Tax Commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner: To fix the compensation of the county tax commissioner by providing a minimum and maximum salary, with the county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their compensation as stipulated herein: to provide that the laws as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable: to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissions, and other compensation of the tax receiver and tax collector shall be paid into the depository of Floyd County Georgia: to provide for the election of county Tax Commissioner of Floyd County, Georgia, and the method of filling vacancies: to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six: to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953: to provide for holding a general election in the fall of 1952: to carry out the provisions of this Act: to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia: and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that upon the expiration of the present terms of present tax receiver and present tax collector, in and for the County of Floyd, said offices shall be and they are hereby abolished, provided the voters of said county shall approve as hereinafter provided. Offices abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of Tax Commissioner of Floyd County, Georgia,

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is hereby created in lieu of said offices, and that the rights, duties, and liabilities of said office of Tax Commissioner of Floyd County, Georgia, shall be the same as the rights, duties and liabilities of tax receiver and tax collector of said county, and that all laws applicable to said offices shall be applicable to the tax commissioner, so far as the same can apply. Tax commissioner. Section 3. Be it further enacted by the authority aforesaid, that said tax commissioner shall have an office in the courthouse, which office he shall keep open, on the days and hours, and be ready to attend to his duties, as the board of county commissioners may designate. Office. Hours, etc. Section 4. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by tax collector of Floyd County, Georgia, shall have full force and effect, and be collectible as issued. Taxes now due. Section 5. Be it further enacted by the authority aforesaid, that all fees, commissions, and other compensation now allowed to the tax receiver and tax collector of Floyd County, Georgia, from both State and county, and special taxes of any and all nature, shall be collected by the tax commissioner and paid into the county depository of said county, same meaning the county treasury in whatever way the finances may be legally handled; and the same shall be accounted for by the fiscal agents of said county, whether it be the board of roads and revenues or some other officer or agent, the same as he or they account for all other funds belonging to said county. And all such fees, commissions, and other compensation so collected by the tax commissioner shall be paid by him into the legal depository and treasury of Floyd County, Georgia. Fees, commissions, etc. Section 6. Be it further enacted by the authority aforesaid, that the term of office of said Tax Commissioner of Floyd County shall be four years, and the first election of county Tax Commissioner of Floyd County shall be held at the same time and place as other county officers are now elected at the general election for county officers in the year 1952, and quadrenially thereafter, and the person so elected shall enter upon the duties of the office hereby created on January 1, 1953. If a vacancy should occur,

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the office shall be filled in the same manner as vacancies are now filled in the office of the tax collector. Election. Terms. Section 7. Be it further enacted by the authority aforesaid, that the compensation of county Tax Commissioner of Floyd County, Georgia, shall be not less than $5,500.00 per annum nor more than $7,000.00 per annum, payable monthly out of the general funds of the county, and the county commissioners of said county are required to furnish said tax commissioner a suitable office, equipment and stationery and supplies. The said county commissioners shall at their first meeting in January of each year in and after the effective date of this Act, fix the compensation of said tax commissioner at a sum of not less than $5,500.00 per annum and not more than $7,000.00 per annum, and said salary so fixed shall be an amount fixed by said commissioners for and during that year and for each year thereafter, unless changed to a different amount at the first meeting of the county commissioners the following year, but in no event shall said salary be less than $5,500.00 per annum nor more than $7,000.00 per annum, and in the event said county commissioners shall fail to fix said salary as herein provided, the annual salary of said tax commissioner shall be $7,000.00 per annum. Salary. Section 8. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax commissioner shall take the oath now prescribed by law for county tax receiver and county tax collector, and shall give bond, the amount of said bond to be fixed by the commissioners of roads and revenues of said county, the amount of said bond and the acceptance of it to be agreed to by the county commissioners of Floyd County, Georgia. The cost of said bond is to be paid by the county commissioners out of the general funds of said county. The purpose of this Act is to put into effect in Floyd County Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six. Oath. Bond. Section 9. Be it further enacted by the authority aforesaid, that the tax commissioner shall employ one chief deputy tax commissioner, whose compensation shall be fixed by the county commissioners of Floyd County at a sum of not less than $4,200.00

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per annum and not more than $5,000.00 per annum, and one deputy tax commissioner, whose compensation shall be fixed by the county commissioners of Floyd County at a sum of not less than $2,100.00 per annum and not more than $3,000.00 per annum, and one clerk, whose compensation shall be fixed by the county commissioners of Floyd County at a sum of not less than $1,500.00 per annum and not more than $2,100.00 per annum, and the county board may in its discretion authorize the employment of not more than two additional part-time clerks, whose total compensation for both said clerks shall not exceed $2,500.00 for the two so employed, said salaries shall be payable monthly out of the general funds of the county; that the said county commissioners shall at their first meeting in January of each year in and after the effective date of this Act, fix compensation of said deputy tax commissioners and said clerks as herein provided, and said salaries so fixed shall be an amount fixed by said commissioners for and during that year and for each year thereafter, unless changed to a different amount at the first meeting of the county commissioners the following year, but in no event shall said salaries be less than the minimum nor more than the maximum herein provided for said deputy tax commissioner and said clerk. Deputy commissioners, clerk. Section 10. Be it further enacted by the authority aforesaid, that if any part of this Act is held unconstitutional and invalied, then that fact shall not affect the remaining portions of this Act which are not of themselves unconstitutional and invalid. If part invalid. Section 11. When this Act shall be agreed to by a Constitutional majority, it shall be entered upon the journal of each house, and shall be published in the manner provided by law, and shall be submitted at the next general election after such publication to the voters of Floyd County, Georgia, qualified to vote for the members of the General Assembly, for ratification or rejection. All persons voting in said election in favor of adopting said proposed Act shall have written or printed on their ballots the words: For ratification of the Act creating the office of Tax Commissioner of Floyd County, Georgia, in lieu of the offices of Tax Receiver and Tax Collector of Floyd County, Georgia. All voters desiring to vote against the ratification of said Act shall have written or printed on their ballots the words: Against ratification of the Act creating the office

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of Tax Commissioner of Floyd County, Georgia, in lieu of the offices of Tax Receiver and Tax Collector of Floyd County Georgia. If a majority of the electors qualified to vote for members of the General Assembly voting thereon in Floyd County, Georgia, shall vote for the ratification thereof, the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and the Secretary of State shall certify the results of said election to the Governor, and the Governor shall make and publish his proclamation and said Act shall thereupon become law. Referendum. Section 12. A copy of the notice of intention to apply for the passage of this Act and the certificate of the publisher are attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Section 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Personally appeared before me, Dean Covington, who on oath states that he is publisher of the Floyd County Herald, the legal organ of Floyd County, Georgia; and that the notice as required by law for the intention to pass certain local legislation affecting the County of Floyd was duly published within the 60-day period immediately prior to the introduction of the local Act and more than three weeks prior to the introduction of said bill before the General Assembly as required by law; and does further state that a copy of said notice is attached hereto and made a part of said local bill applying to Floyd County, Georgia. (s) Dean Covington Sworn and subscribed before me this 1st day of February, 1949. (s) Arthur K. Bolton, Notary Public, Spalding County, Ga.

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Georgia, Floyd County. Notice is given that application will be made at the next session of the General Assembly of Georgia for the passage of a local or special bill, the purpose of which will be to abolish the office of tax collector and tax receiver in said county and create the office of tax commissioner for said county and provide for the compensation of said tax commissioner. Approved February 17, 1950. MANCHESTER CHARTER AMENDMENTS. No. 798 (House Bill No. 744). An Act to amend the charter of the City of Manchester approved August 16, 1909 (Georgia Laws 1909, page 1071), as amended by Act approved July 28, 1911 (Georgia Laws 1911, page 1378), and as amended by Act approved August 8, 1914, (Georgia Laws 1914, page 1044), and as amended by Act approved August 9, 1917 (Georgia Laws 1917, page 747), and as amended by Act approved August 10, 1921 (Georgia Laws 1921, page 1005), and as amended by Act approved August 20, 1923, (Georgia Laws 1923, page 739), and as amended by Act approved August 6, 1924, (Georgia Laws 1924, page 663), and as amended by Act approved August 17, 1925, (Georgia Laws 1925, page 1174), and as amended by Act approved July 19, 1927, (Georgia Laws 1927, page 1360) and all other Acts amendatory thereto; to amend Section Three (3) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) in order to provide for an increase in the number of commissioners of the City of Manchester from three to five; to amend Section Eleven (11) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) in order to provide that a quorum of such commissioners for the transaction of business shall be three instead of two; to repeal Section Six (6) of the Act approved August 20, 1923, (Georgia Laws 1923, page 739) providing for the terms of office of the commissioners of the City of Manchester and the time and manner of election of such commissioners; to provide that the term of office for the

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commissioners of the City of Manchester shall be two years; to provide for the time and manner of election of such commissioners; to provide for the termination of the terms of the present commissioners of the City of Manchester; to repeal all laws and parts of laws in conflict herewith; to provide that this Act shall not become effective until approved by referendum as provided by law; 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 approval of this Act as provided by law, Section Three (3) of the Act approved August 20, 1923 (Georgia Laws 1923, page 739), amending the charter of the City of Manchester be and the same is hereby amended by striking therefrom the word three from the first sentence of said section and inserting the word five so that, as amended herein, said sentence shall read as follows: Be it further enacted by the authority aforesaid, that in lieu of a mayor and council for the City of Manchester, there is hereby created and established a commission of five citizens, who shall be known as the Commissioners of the City of Manchester. Sec. 3, Act of 1923, amended. Commissioners. Section 2. Be it further enacted by the authority aforesaid that Section Eleven (11) of the Act approved August 20, 1923 (Georgia Laws 1923, page 739), be and the same is hereby amended by striking the last two sentences of said section and inserting in lieu thereof the following: There members shall constitute a quorum for the transaction of business., so that as amended herein said section will read as follows: Be it further enacted, that, whenever any legislation shall be proposed, it shall be reduced to writing and shall be acted upon by said commission which shall have authority to approve or disapprove, or to amend the same. Three (3) members shall constitute a quorum for the transaction of business. Sec. 11 amended. Quorum. Section 3. Be it further enacted by the authority aforesaid, that from and after the approval of this Act as provided by law, Section Six (6) of the Act approved August 20, 1923, amending the charter of the City of Manchester (Georgia Laws 1923, page 739), shall be and the same is hereby repealed in its entirety, and the following shall be and the same is hereby substituted for and in lieu thereof so that said Section Six (6) shall, as amended herein, read as follows: Said commissioners shall

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be elected for a term of two years each or until their successors are elected and qualified. Upon the approval of this Act by referendum in compliance with Code of Georgia Annotated, 1933, Section 69-102, the first election for the offices of commissioners of the City of Manchester shall be held on the 30th day following the date of such approval by referendum as aforesaid, at which election the commissioners provided for herein shall be elected to serve until the 2nd Wednesday in January 1952. At the first and all succeeding elections the five candidates receiving the highest number of votes shall be declared elected. In all elections held for commissioners of the City of Manchester, in case there is a tie vote between the candidates, so that it cannot be determined what candidates received the highest number of votes, a new election shall be ordered by the Ordinary of Meriwether County, in not less than ten days or more than fifteen days from the election, which election, called by the ordinary, shall be only between the candidates receiving the same number of votes in the previous election, and this election shall be held under the same rules and regulations governing the first election and the registration list used in the previous election shall be the one used in the election called by the ordinary as provided herein. Elections may be called, as herein provided, as often as may be necessary until the candidate or candidates may be elected. After said first election hereunder, held on the 30th day following the date of the approval of this Act by referendum as provided by law, a regular election shall be held on the second Wednesday in January every two years thereafter for the purpose of electing commissioners to fill the vacancies of the outgoing commissioners, whose terms of office shall be two years. Sec. 6 amended. Election of commissioners. Section 4. Be it further enacted by the authority aforesaid that the terms of office of the commissioners of the City of Manchester serving on and as of the date of the first election for commissioners as herein provided shall terminate upon the election of the five commissioners herein provided for and the said five commissioners so elected shall take office on the day following the election. In all succeeding elections the commissioners elected in such election shall take office the day following their election. Terms. Section 5. Be it further enacted by the authority aforesaid

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that the registration list to be used at the said first election of commissioners hereunder, on the 30th day following approval of this Act by referendum as provided by law, shall be one and the same as used in and for said referendum approving this Act. Voters. Section 6. Be it further enacted by the authority aforesaid that it is the express legislative intent of the General Assembly of Georgia that this Act shall not become effective until approved by referendum as provided in Section 69-101 and 69-102 of the Code of Georgia of 1933. Referendum. Section 7. Copy of notice of intention to apply for this legislation and the affidavit or certificate of the publisher of the Meriwether Vindicator, the newspaper in which sheriff's advertisements are published in Meriwether County, as required by the Constitution of the State of Georgia, is hereto attached and expressly made a part hereof. Section 8. 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. Notice to Apply for Local Legislation. Take notice that one or both of the Representatives for Meriwether County will introduce into the General Assembly of Georgia for passage at its January 1950 session a local bill amending the charter of the City of Manchester, Georgia, such bill being described by the following caption thereto: A bill to be entitled: An Act to amend the charter of the City of Manchester approved Aug. 16, 1909 (Georgia Laws 1909, page 1071) as amended by Act approved July 28, 1911 (Georgia Laws 1911, page 1378) and as amended by Act approved Aug. 8, 1914 (Georgia Laws 1914, page 1044) and as amended by Act approved Aug. 9, 1917 (Georgia Laws 1917, page 747) and as amended by Act approved Aug. 10, 1921 (Georgia Laws 1921, page 1005) and as amended by Act approved amend Section Three (3) of the Aug. 20, 1923 (Georgia Laws 1923, page 739) and as amended by Act approved Aug. 6, 1924 (Georgia Laws 1924, page 663) and as amended by Act approved Aug. 17, 1925 (Georgia Laws 1925, page 1174) and as amended by Act approved July 19, 1927 (Georgia Laws 1927, page 1360) and all other Acts amendatory

Page 2758

thereto; to Act approved Aug. 20, 1923 (Georgia Laws 1923, page 739) in order to provide for an increase in the number of commissioners of the City of Manchester from three to five; to amend Section Eleven (11) of Act approved Aug. 20, 1923 (Georgia Laws 1923, page 739) in order to provide that a quorum of such commissioners for the transaction of business shall be three instead of two; to repeal Section Six (6) of the Act approved Aug. 20, 1923 (Georgia Laws 1923, page 739) providing for the terms of office of the commissioners of the City of Manchester and the time and manner of election of such commissioner; to provide that the term of office for the commissioners of the City of Manchester shall be two years; to provide for the time and manner of election of such commissioners; to provide for the termination of the terms of the present commissioners of the City of Manchester; to repeal all laws and parts of laws in conflict herewith; to provide that this Act shall not become effective until approved by referendum as provided by law; and for other purposes.12-1, 8, 15, 22, 29. State of Georgia, Meriwether County. Personally appeared before me the undersigned attesting officer, R. K. Stovall, who on oath says that he is publisher of the Meriwether Vindicator, Greenville, Meriwether County, Georgia, and that the Meriwether Vindicator is the legal organ of Meriwether County, Georgia, and the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached Notice of Intention to Apply for Local Legislation was published in said Meriwether Vindicator on the following dates: Dec. 1, 1949, Dec. 8, 1949, Dec. 15, 1949, Dec. 22, 1949 and Dec. 29, 1949. R. K. Stovall R. K. Stovall, Publisher Meriwether Vindicator Sworn to and subscribed before me, this 14th day of January, 1950. A. D. Herring, C. S. C. My commission expires...... (Notarial Seal) Approved February 17, 1950.

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LAKE TARA CHARTER. No. 799 (House Bill No. 750). An Act to create and incorporate the City of Lake Tara, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, sidewalks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; 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 City of Lake Tara, Georgia, in the County of Clayton, be and the same is hereby incorporated under the name and style of the City of Lake Tara. Incorporation. Section 2. The corporate limits of said city shall include all of the following described area: Being parts of Land Lots 208 and 209 of the Thirteenth District of Clayton County, Georgia, and part of Land Lot 48 of the 12th District of Clayton County, Georgia, described as follows: Beginning at a point on the south side of Dixie Drive, two hundred (200) feet east of where Dixie Drive intersects the Dixie Highway; thence northwesterly two hundred five (205) feet to a made corner; thence northeasterly eight hundred ninety six (896) feet to a made corner; thence north five hundred forty-nine (549) feet, more or less, to the south original line of Land Lot 209; thence south 89 degrees west eight hundred thirty-one (831) feet to a made corner; thence north 1 1/4 degrees west one thousand eighty-five (1085) feet to a made corner on the north side of Village Drive; thence north 89 degrees

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east seven hundred fifty-two (752) feet to a made corner on the west side of O'Hara Drive; thence in a northerly and continuing in an easterly direction along the north side of O'Hara Drive two thousand five hundred eighty-three (2583) feet, more or less to a made corner; thence south one thousand three hundred six (1306) feet, more or less, to the south side of a public street; thence east two hundred eighty-five (285) feet to the east side of Adamson Road; thence south along the east side of Adamson Road one hundred ninety (190) feet, more or less, to the north side of Lake Tara Road; thence east along the north side of Lake Tara Road one hundred fifty-three (153) feet to a made corner; thence southeasterly one hundred (100) feet to a made corner; thence easterly four hundred (400) feet more or less to the east side of State Highway 54; thence southerly along the east side of State Highway 54 nine hundred fifteen (915) feet, more or less, to a made corner; thence westerly seventeen hundred eighty-seven feet, more or less, to a made corner; thence north one hundred sixty-two (162) feet to the south side of Dixie Drive; thence westerly along the south side of Dixie Drive eleven hundred forty-eight (1148) feet to a made corner and the point of beginning, a plat of said area being in the office of the clerk of said city and by reference made a part of this description. Corporate limits. Section 3. The municipal government of said city shall be vested in a board of five councilmen, who are hereby constituted a body corporate under the name and style of the City of Lake Tara, and by that name and style shall have perpetual succession; shall be able to contract, buy and hold property, sue and be sued; shall have all the incidental right usually conferred upon such municipalities by the laws of the State of Georgia, and all of the rights hereinafter conferred. Upon the approval of this Act the ordinary of said county shall call an election within 90 for the election of said councilmen. Three of said councilmen shall be elected for a term to expire on the first Monday in January 1951, and two councilmen shall be elected for a term to expire on the first Monday in January 1952. Said councilmen shall be elected thereafter for a term of two years expiring on the first Monday in January biannually thereafter. Said ordinary in holding the first said election shall designate some public place in said city for the election to be held, to prescribe the rules for holding the same and name three

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registered voters in said city to hold said election. Said election shall otherwise be held as provided for the election of members of the General Assembly. H. S. Harwell, W. D. Nixon and James Chambers are hereby named as registrars to prepare the first list of qualified voters. Any person registered in said county and who has resided in the city limits of said city for a period of 3 months shall be eligible to vote, upon signing a registration book provided by said registrars. After a council has been elected they shall have all of the powers herein conferred upon the ordinary for holding elections. The registration book shall be closed 20 days before the date of any election, and all candidates must qualify at least 20 days before the date of the election. Said council shall have the authority to adopt the necessary ordinances providing for the rules and regulations to govern the holding of all elections, governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected herewith. Councilmen. General powers. Election. Voters. Registration, election regulations, etc. Section 4. The members of the council shall each take and subscribe to the following oath in their minute book: I do swear that I will faithfully and impartially administer the laws of the City of Lake Tara to the best of my skill and ability. Oath of councilmen. Section 5. Following the first election herein provided, and annually thereafter the said council shall hold an organizational meeting at the time that they take office and shall elect one of their body to serve as mayor, who shall hold his office at the pleasure of the council. Said council shall hold at least one meeting monthly on a regular day to be set by them, and may call meeting at any other time to conduct the business of said city. They shall have authority to enact ordinances or laws for the government of the city as permitted by law or this charter. The councilmen serving as mayor shall preside over all meetings and in his absence another councilman shall be designated as mayor pro tem. to act in his place. At least 4 councilmen shall constitute a quorum for the transaction of business and the councilman serving as mayor or mayor pro tem. shall vote on all issues. Mayor. Meetings of council. Section 6. Said council shall have the authority to define offenses against the government of the city; to prescribe penalties, and provide for the enforcement of its laws; to elect a marshal

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and such other employees as may be necessary, fix their salaries, and require them to give bond as they may deem proper for the faithful performance of their duties. All of said employees shall hold their office at the pleasure of the council. The marshal shall arrest all persons violating the laws of said city, with or without warrant or summons and bring them before the mayor for trial. He shall be the ministerial officer of the mayor's court and shall enforce its sentences and collect its fines. He shall enforce all of the laws of said city and orders of the mayor and council. Violation of ordinances. Marshal and other employees. Mayor's court. Section 7. Said mayor and council shall have the right to require a license to conduct any and/or all types and kinds of business or businesses in said city, and set the cost and/or fee for such license. If any ad valorem tax is levied, the mayor and council are hereby authorized to set up the necessary method for making tax returns, issuing fi. fas., collecting such fi. fas. by selling real or personal property to satisfy the same, and authorizing the marshal to make and execute deeds of title to the purchaser of such property at such tax sale. All of such sales shall be held on the first Tuesday in each month, between the hours of 10:00 a. m. and 4:00 p. m. at the place of holding the elections for said city. Personal property may be sold by advertising the same by posting three notices in said city 10 days before such sale, and real property may be sold after advertising the same for four weeks in a newspaper published in said county. Licenses. Taxation. Section 8. At the first meeting of the mayor and council in each year, they shall determine what licenses are to be issued and the cost thereof, and if ad valorem tax levy has been authorized, they shall order all property in said city to be returned for taxation and the returns entered in a return book kept for this purpose, and all property in said city limits shall be taxable that year. All fines, license fees, taxes and other city funds shall be deposited and held by the mayor, subject to orders of the council. He shall give a bond to the city council in the sum of $1,000.00 for the faithful performance of his duties. This authority to receive and disburse funds may be delegated, by a majority vote of said mayor and council, to any one who is qualified to hold office in the city under this charter, or this authority may be delegated by said mayor and council by a

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majority vote of that body, to any one who is a registered voter as described hereinabove. City funds. Section 9. The mayor shall hear and try all cases against persons charged with violations of the laws of said city and upon conviction may impose a fine not to exceed fifty ($50.00) dollars or in lieu thereof, imprisonment at labor on the streets or public works not exceeding 25 days, or both, at his discretion. If the mayor is disqualified the council shall elect a mayor pro tem., to serve in his place. Anyone dissatisfied with the mayor's decision may appeal to the council and be tried by them and their decision shall be final. Mayor's court. Section 10. The mayor and council shall have the authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable regulations and to enforce the same. Said mayor and council shall also have full power and authority to grant franchises over, under and upon its streets, alleys, lanes, sidewalks, parks, and other public places to any person, firm or corporation for the furnishing of water, telephones, electric light and power, gas and sewerage or any of them to the city and its residents; and to make such contracts with such persons, firms or corporation for the furnishing of water, electric light and power, gas and sewerage or any of them as the mayor and council may deem proper. Waterworks, sewers and other utilities. Section 11. The mayor and councilmen may by ordinance provide for grading, paving, macadamizing or otherwise improving for travel and drainage any of the public streets of said city; for paving or otherwise improving the sidewalks, including curbing for the same, if desired, for renewing or repairing the pavement of such streets or sidewalks; and for constructing or laying down drains and sewers along such streets and through and over private property; and it may in such ordinance assess the cost of such improvements on the real estate adjoining or benefited thereby as provided in this Act. 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

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filing with the city clerk 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 Clayton County, and the true amount of such assessment shall be determined in court at the first term thereof, as in other cases of illegality. The governing authorities of said city may assess all of the cost of such improvements against, according to the abutting frontage, said property, except street intersections, the cost of which shall be paid for by the city. 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. Street and sidewalk improvements. Assessments. Section 12. The mayor's and councilmen's salaries shall be fixed annually and shall be paid out of the public funds of the city, if any, and all other legal or necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. In case there is a vacancy in the office of mayor or council, the council shall have the right to elect a successor to said mayor or councilman who shall serve until the next election. Salaries of said mayor and council shall be fixed by a majority vote of said council. Compensation of mayor and councilmen. Section 13. The mayor and council shall have the authority to pass regulations and ordinances for the general protection and welfare of said city, and such other rights and privileges as are usually granted such municipalities. Section 14. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. I, Lloyd Matthews, do hereby certify that I am the owner and publisher of the Clayton County News and Farmer, the official organ of Clayton County and the foregoing notice of intention to apply for local legislation was advertised in my paper

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on the following dates: December 9, 1949, December 16, 1949, December 23, 1949 as provided by law. (s) W. Lloyd Matthews W. Lloyd Matthews, Owner and Publisher, Clayton County News and Farmer. Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to create and incorporate the City of Lake Tara, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; and for other purposes. Edwin S. Kemp, Representative, Clayton County, Georgia. Approved February 17, 1950. DOUGLAS PENSION SYSTEM. No. 801 (House Bill No. 794). An Act to amend the charter of the City of Douglas, approved December 20, 1899, as amended by the several subsequent Acts; to provide and empower the City of Douglas, Georgia,

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to furnish aid and relief and to grant pensions to employees now in active service and their dependents, and to future employees and their dependents; to authorize and empower said city to grant a pension or other compensation to employees or to the dependents of any employee of said city who loses his life or health or becomes totally and permanently disabled as the result of injuries in line of duty and while actually engaged in the performance of his duties; to authorize and empower said city to regulate the granting of such pensions and compensation, to define dependents of employees, and to prescribe conditions under which pensions and compensation may be paid, suspended or revoked, and to fix and to limit the amounts thereof; to authorize said city to establish a pension association and define membership therein, and to create a board of trustees to manage and administer the funds of the association; to provide that the City of Douglas, Georgia, may levy a tax not to exceed five (5) per cent per annum on the salaries of each and all of the employees of said city to pay part of such pensions; provided, however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $200.00 for any calendar month; to authorize and empower said city to levy a tax on all taxable property of said city not to exceed, but to equal all revenue raised or received from city employees by reason of the tax herein authorized; to provide that the said city may use other available funds to equal or match revenue received from employees as aforesaid; to provide that in case at any time there shall be less funds on hand than are needed to carry out the terms of this Act the actual funds shall be prorated among the beneficiaries; to provide that none of the funds provided by this Act shall be subject to attachment, garnishment, judgment, or any legal process nor shall the benefits provided herein to be assignable, but shall be paid to the beneficiary; to provide that the City of Douglas may pass such ordinances as may be necessary and proper to carry out the provisions of this Act; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the City of Douglas, Georgia, be, and it is hereby authorized and empowered as follows:

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Section 1. The City of Douglas, Georgia, shall have the power and authority to grant a pension based on years of service and employment to employees in any, each, and all departments of the City of Douglas, and to the dependents of employees. Pensions authorized. Section 2. The City of Douglas, Georgia, shall have the power to grant pensions or other compensation to employees and/or to the dependents of any employees in any, each, and all departments thereof, where and when such employee loses his life or health or becomes totally and permanently disabled as the result of injuries incurred while actually engaged in the performance of his duties in the employ of said City of Douglas, Georgia. Death or disability, performance of duty. Section 3. The City of Douglas, Georgia, by proper ordinance or ordinances passed by the governing authority of said city, except as otherwise provided in this Act, is hereby vested with full and complete power, authority and discretion to determine when and to what amount of pension is to be paid, to define dependents of employees, and to determine any and all facts relating to the granting refusal, suspension, or revocation of pensions, compensation, or other gratuities under this Act. Ordinances to cover. Section 4. The City of Douglas, Georgia, is authorized and empowered to create a pension association and define membership therein; and to establish to serve without pay, a board of trustees whose duty it shall be to manage and administer the pension funds. The board of trustees shall consist of the city treasurer, the chairman of board of commission and the city manager, and four employees of the city elected by employees who are members in good standing of the pension association. This board shall make all rules and regulations for the payment of said funds to those entitled to receive them, not in conflict with this Act or any lawful ordinance passed in pursuance thereof. Pension association and board of trustees. Section 5. The City of Douglas, Georgia, is authorized and empowered to levy and collect a tax not to exceed five (5) per cent on the salaries of all its employees in all departments affected by this Act, provided, however, this tax shall apply only to so much of the compensation of any employee as is not in excess of $200.00 for any calendar month, and may provide that the city treasurer shall retain such sums from the salaries of

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said employees. Said City of Douglas, Georgia, is authorized and empowered to levy a tax on all the taxable property of said city, ad valorem, not to exceed but to equal all revenue raised or received from city employees by reason of the tax herein authorized. Said City of Douglas, Georgia, may also use other available funds to equal or match, but not to exceed, all revenue raised or received from city employees by reason of the tax herein authorized. All of said funds shall be turned over to the city clerk and treasurer and shall be kept in a separate fund and shall be disbursed under the terms of this Act, and all valid ordinances passed and adopted in pursuance thereof. Salary tax. Ad valorem tax to cover city's contribution. Section 6. Any funds coming into the hands of the trustees from donations or otherwise shall be turned over to the city treasurer and shall be disbursed under the terms of this Act, and all valid ordinances passed and adopted in pursuance thereof. Funds. Section 7. This Act, or any ordinance passed in pursuance thereof, shall not create a contractual relation between the City of Douglas, Georgia, and any employee thereof. In case there shall at any time be less funds on hand than are needed to carry out the term of this Act, the actual funds on hand shall be prorated among the beneficiaries. No contractual relation as to pensions. Section 8. None of the funds herein mentioned shall be subject to attachment, garnishment, judgment, or other legal process; nor shall be assignable, but shall be paid to the beneficiary. Attachment, garnishment, etc. Section 9. In case there should accumulate more funds than should be needed for immediate use, the authority entrusted with the pension fund if empowered to invest such excess in United States, or Georgia, or municipal bonds, or in certificates guaranteed by Federal Depository Insurance Corporation, but not otherwise. Investments. Section 10. The term employee as used in this Act shall be deemed to embrace and include any person employed by and performing services for which compensation is paid by the City of Douglas. Employee defined. Section 11. The intention of this Act is to authorize and empower the City of Douglas, Georgia, through its governing authority to provide a pension system for employees of such city, and dependents of employees, and to prescribe by ordinance or

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ordinances the conditions and methods by which the pension system shall be handled, and to prescribe all of the regulations with respect to same not in conflict with the provisions of this Act. Powers of city. Section 12. The governing body of the City of Douglas by appropriate ordinance or resolution may, in its sound discretion, substitute the benefits of the Federal Social Security or any part thereof should the Federal Social Security Act ever be amended to include municipal employees. This may be in lieu of the benefits flowing from the sections of this Act, in whole or in part, or as additional benefits by a combination of benefits from this Act and the Federal Social Security Act. Federal Social Security Act. Section 13. Should any section, paragraph, or clause of this Act be declared unconstitutional or invalid, the remainder of the Act shall not be affected thereby. If part invalid. Section 14. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 15. 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. Georgia, Coffee County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths, Melvin Waters, who after being duly sworn, says upon oath that he is publisher of the Coffee County Progress, the newspaper in which sheriff's advertisements are printed in Coffee County, and the newspaper in which the following notice appeared: Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act of the General Assembly entitled an Act to create a new charter of the City of Douglas, in Coffee County, Georgia, approved 21 December, 1899, as to authorize and empower the City of Douglas by its

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board of commission 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 by the city treasurer of said city and for other purposes. This 12th day of November, 1949. (s) Henry C. Ellis, Member of General Assembly of Georgia. Deponent further says that he makes this affidavit to be attached to and made part of the bill described in the above advertisement, and that this advertisement was duly printed in the Coffee County Progress on the following dates: November 17, 1949, December 1, 1949, December 22, 1949, immediately preceding the introduction of said bill into the General Assembly. (s) Melvin C. Waters Melvin C. Waters Sworn to and subscribed before me this 14th day of January. 1950. Ward Whelchel, Notary Public, Coffee County, Ga. My commission expires 1953. (Notarial Seal) Approved February 17, 1950. BRUNSWICK CHARTER AMENDMENTS. No. 802 (House Bill No. 796). An Act to amend the charter of the City of Brunswick, Georgia: to provide for the consolidation of departments of the city and for the allocation of duties and responsibilities, power and authority of department heads and their deputies; to provide for the salaries of the commissioners of said city from and after January 1, 1953; to authorize the closing of a portion of K Street and for disposal of the same; to provide power

Page 2771

and authority in the commission of said city for the levying and collecting of taxes; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The commission of said city may, from time to time, on the recommendation of the city manager, reduce the number of departments of the city government by consolidating two or more departments under one head, and may allocate the duties and responsibilities of such consolidated departments to assistants therein under the designated head of the consolidated department. The head of the fire department need not be required, as part of his duties and responsibilities, to inspect buildings and issue building permits; such duties and responsibilities may be placed upon a building inspector working under the city manager or under the head of such department as may be designated by the city manager, provided that such recommendation is made by the city manager and approved by the city commission. Upon recommendation of the city manager, and approval by the city commission, the same person may be named as head of two or more departments of the city, and as such shall have all of the power and authority and shall perform all of the duties and responsibilities of the head of the respective departments as provided by the city charter and allocated by the city commission. Except in the case of the recorder, the city manager may appoint a deputy for any department, which deputy shall have all of the authority of the head of the department in the absence, disability or disqualification of the head: Provided, however, that such deputy for the secretary of the commission must, after appointment by the city manager, be confirmed and approved by the commission. Consolidation of departments. Deputy heads of departments. Section 2. Each of the commissioners of the City of Brunswick shall receive a salary of ten ($10.00) dollars per meeting, but not to exceed forty ($40.00) dollars per month. The commissioner elected mayor shall receive a salary of fifteen ($15.00) dollars per meeting, but not to exceed sixty ($60.00) dollars per month. Such salary shall not be increased or diminished during the term of office of the commissioner. The provisions of this section of this Act shall not become effective until January 1, 1953, and thereupon, but not until then, Section

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Ten (10) of an Act entitled An Act to amend the charter of the City of Brunswick, to change the corporate name of said city, to abolish the offices of mayor and aldermen and certain other officers of said city created by legislative enactment, to provide for a commission-manager form of government for said city, and for other purposes, approved August 11, 1920, shall become null and void and repealed. Compensation of commissioners. Effective date. Section 3. That the commission of said city shall have the right and authority to close the following described street or any portion or portions thereof in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well-known maps and plan of said city, to wit: K Street as bounded: westerly by Colson Street: easterly by Harvey Street; southerly by Mayhew Lots Three Hundred Thirtyfour (334), Three Hundred Eighty-four (384) and a twenty foot alley; and northerly by the southerly line of New Street (a street running southeasterly from L Street to K Street). After closing said street or any portion thereof the City of Brunswick may retain title to such closed portions thereof, or may, in the discretion of the city commission, convey, sell or exchange any portion or portions or all of such closed portion or portions of said street for such consideration and upon such terms as the commission deems best, at public or private sale to any person, firm or corporation. If such property shall be sold at public sale it shall be done in the same manner as provided in the city charter for the sale of other city real property, except that the sale must be by unanimous vote of the commission with the written concurrence of the city manager. Closing of K Street authorized. Section 4. That the commission of the City of Brunswick is hereby vested with full authority and power to levy and collect such taxes on the inhabitants of said city, and those who hold taxable property within the same, and those who transact or offer to transact business therein, as said city commission may deem expedient for the safety, benefit, convenience and advantage of said city, and may enforce the payment of such taxes in such manner as said city commission may prescribe, or as heretofore or hereafter prescribed in the charter of the said city and Act amendatory thereto. Besides real and personal property, the said city commission may tax capital invested in said city, stocks in money corporations, choses in action, incomes

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and commissions derived from the pursuit of any profession, faculty, trade or calling, dividends, banks, insurance, express and other like companies or their agencies, and upon all other property or sources of profit not expressly prohibited or exempted by the laws of the State or of the United States, thus to raise such sum of money as may be necessary for the safety, convenience, benefit and interest of said city, the maintaining the municipal government and the payment of the debts thereof, and to levy a special tax upon the taxable property in said city, for the purpose of maintaining the public schools of said city within the corporate limits of the same, not more than is limited by the Constitution of the State of Georgia for such purposes annually, as provided in Section 4 of an Act amending the charter of the City of Brunswick, approved February 9, 1949, appearing in Ga. Laws 1949, pages 341-342; Provided, however, that the rate of ad valorem taxation for ordinary current expenses, not including said special tax for public school purposes, as aforesaid, shall not exceed one and one-half of one per centum upon a fair valuation of the property taxed, and provided further that on occupations the taxes levied by the City of Brunswick shall not exceed one thousand dollars per annum on each place of business or occupation; but this provision shall not apply to occupation taxes for the sale of beer, wine, and alcoholic beverages; the occupation tax upon which shall be limited in amount only where limited by State law. Ad valorem and occupation taxes. Section 5. 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 invalid. Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Section 7. That attached hereto and made a part hereof as required by the Constitution of Georgia, now of force, is the certificate under oath of C. H. Leavy, Jr., editor and publisher of the Brunswick News, the newspaper in which are published the sheriff's advertisements for Glynn County, Georgia, in which county the City of Brunswick is located, certifying that the Notice of Intention to Apply for Local Legislation, a copy of

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which is attached to said certificate, was published in the issues of said newspaper of December 30, 1949, January 6, 1950, and Jan. 13, 1950. State of Georgia, County of Glynn. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, C. H. Leavy, Jr., who, having been first duly sworn on oath, deposes and says that he is the editor of the Brunswick News, a newspaper in which are published sheriff's advertisements, for Glynn County, Georgia, (in which lies the City of Brunswick), that he is also the publisher of said newspaper; that the notice of intention to apply for local legislation, copy of which is attached below this certificate, was published in the Brunswick News in the issues of December 30, 1949, January 6, 1950 and January 13, 1950; and that this certificate is made by the undersigned as required by Article III, Sec. VII, P. 15, of the Constitution of the State of Georgia, ratified August 7, 1945. (s) C. H. Leavy, Jr. C. H. Leavy, Jr. Sworn to and subscribed before me upon this 14th day of January, 1950. (s) Mildred P. Parker Notary Public, Glynn County, Georgia (seal) Notice of Local Legislation. Notice is hereby given that at the approaching session of the General Assembly of Georgia, to be held in January, 1950, there will be introduced for passage a bill entitled: An Act to amend the charter of the City of Brunswick, Georgia: to provide for the consolidation of departments of the city and for the allocation of duties and responsibilities, power and authority of department heads and their deputies; to provide for the salaries of the commissioners of said city from and after January 1, 1953; to authorize the closing of a portion of `K' Street and for disposal of the same; to provide power and authority in the commission of said city for the levying and collecting of taxes; and for other purposes. Approved February 17, 1950.

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MUSCOGEE COUNTYSALARIES OF CERTAIN OFFICERS. No. 803 (House Bill No. 809). An Act to delegate to, and to authorize and empower, the Commissioners of Roads and Revenues of Muscogee County, Georgia, to increase, not to exceed the sum of one thousand dollars in any single calendar year for each county office named, the salaries of the Clerk of the Superior Court of Muscogee County, as such, and as ex officio Clerk of the City Court of Columbus, Georgia, the Sheriff of Muscogee County, the Tax Commissioner of Muscogee County and the Ordinary of Muscogee County; to provide that the salaries of the said clerk of the superior court, said sheriff, said tax commissioner and said ordinary shall be fixed and remain the same as the present salaries of such officials until increased as hereby authorized; to provide that, for the calendar year 1950, said commissioners may make increases in such salaries as hereby authorized effective January 1, 1950; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Authority is hereby delegated to the Commissioners of Roads and Revenues of Muscogee County, Georgia, and said Commissioners be and they hereby are authorized and empowered to increase, not to exceed the sum of one thousand dollars in any single calendar year for each county office named, the salaries of the Clerk of the Superior Court of Muscogee County, as such, and as ex officio Clerk of the City Court of Columbus, Georgia, the Sheriff of Muscogee County, the Tax Commissioner of Muscogee County and the Ordinary of Muscogee County; provided, however, that the present salaries of said clerk of the superior court, of said sheriff, of said tax commissioner and of said ordinary be and they hereby are fixed at and shall remain the same as such salaries now are, until increased as hereby authorized. Salaries of certain county officers. Section 2. The Commissioners of Roads and Revenues of Muscogee County, Georgia be and they hereby are authorized

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and empowered to make such increases in any or all of such salaries effective January 1, 1950; and this Act, when duly passed and approved, shall be effective, in regard to such increases, on and after January 1, 1950. When effective. Section 3. Except as herein elsewhere provided, this Act shall become effective upon approval by the Governor of the State of Georgia. Section 4. That all laws or parts of laws in conflict herewith be and the same hereby are repealed. Section 5. An affidavit that notice of the intention to introduce this bill has been published as required by law is attached hereto and made a part hereof. Notice of Local Legislation. Muscogee County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which will convene in January or February, 1950 for the passage of a bill entitled as follows: An Act to delegate to and to authorize and empower the Commissioners of Roads and Revenues of Muscogee County, Georgia to increase or decrease, not to exceed the sum of one thousand dollars in any single calendar year, the salaries of the Clerk of the Superior Court of Muscogee County, as such, and as ex officio Clerk of the City Court of Columbus, Georgia, the Sheriff of Muscogee County, the Tax Commissioner of Muscogee County and the Ordinary of Muscogee County, to provide that the salaries of the said clerk of the superior court, said sheriff, said tax commissioner and said ordinary shall be fixed and remain the same as the present salaries of such officials until increased or decreased as hereby authorized; to provide that, for the calendar year 1950, said commissioners may make increases in such salaries as hereby authorized effective January 1, 1950; to repeal all laws or parts of laws in conflict herewith; and for other purposes. This 29th day of December, 1949. (s) W. Edward Swinson W. Edward Swinson Muscogee County Attorney

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Notice of Local Legislation. Muscogee County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which will convene in January or February, 1950 for the passage of a bill entitled as follows: An Act to delegate to and to authorize and empower the Commissioners of Roads and Revenues of Muscogee County, Georgia to increase or decrease, not to exceed the sum of one thousand dollars in any single calendar year, the salaries of the Clerk of the Superior Court of Muscogee County, as such, and as ex officio Clerk of the City Court of Columbus, Georgia, the Sheriff of Muscogee County, the Tax Commissioner of Muscogee County and the Ordinary of Muscogee County: to provide that the salaries of the said clerk of the superior court, said sheriff, said tax commissioners and said ordinary shall be fixed and remain the same as the present salaries of such official until increased or decreased as hereby authorized; to provide that, for the calendar year 1950, said commissioners may make increases in such salaries as hereby authorized effective January 1, 1950; to repeal all laws or parts of laws in conflict herewith; and for other purposes. This 29th day of December, 1949. W. Edward Swinson Muscogee County Attorney Georgia, Muscogee County. I, the undersigned M. R. Ashworth, publisher of the Columbus Ledger newspaper in which sheriff's advertisements are published in Muscogee County, Georgia, do hereby certify that the foregoing advertisement of intention to apply for local legislation was published in the Columbus Ledger on the following dates: This 14th day of January, 1950. (s) M. R. Ashworth M. R. Ashworth, Publisher The Columbus Ledger

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Sworn to and subscribed before me this 14th day of January, 1950 by M. R. Ashworth. (s) Joseph P. Meyer (seal) Notary Public, Muscogee County, Ga. Approved February 17, 1950. ELLAVILLE CITY COURTAMENDMENT. No. 809 (House Bill No. 887). To be entitled an Act to amend an Act approved August 21, 1906 (Ga. Laws 1906, page 233), which Act established a City Court of Ellaville, by providing that the judge shall be a resident of the State of Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act approved August 21, 1906 (Ga. Laws 1906, page 233), which Act established the City Court of Ellaville, is hereby amended by striking from line 4 of Section 3 the words Schley County and substituting in lieu thereof the words The State of Georgia, so that said Section 3 as so amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that no one shall be eligible to the office of said judgeship unless he be at the time of his qualification at least thirty years of age, a resident of the State of Georgia for four years immediately preceding the appointment, and must have practiced law four years. He shall, before entering upon the duties of his office, take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to person, and do equal right to the poor and rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as Judge of the City Court of Ellaville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States; so help me God'; which oath shall be filed in the executive department. Qualifications of judge. His oath.

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Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Ask Local Legislation. A Bill. To be entitled an Act to amend an Act approved Aug. 21, 1906 (Georgia Laws 1906, page 233), which Act established a City Court of Ellaville, by providing that the judge shall be a resident of the State of Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act approved Aug. 21, 1906 (Georgia Laws 1906, page 233), which Act established the City Court of Ellaville is hereby amended by striking line 4 of Section 3, the words Schley County and substituing in lieu thereof, the words The State of Georgia, so that said Section 3 as so amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that no one shall be eligible to the office of said judgeship unless he be at the time of his qualifications, at least thirty years of age, a resident of the State of Georgia for four years immediately preceding the appointment, and must have practiced law four years. He shall before entering the appointment of his office, take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to person, and do equal rights to the poor and the rich, and that I will faithfully and impartially perform and discharge all duties which may be required of me as Judge of the City Court of Ellaville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States: So help me God which oath shall be filed in the Executive Department. Section 2. That all laws and parts of law in conflict with this Act be, and the same are hereby repealed. It being made to appear to Schley County authorities, that it is important that the above and foregoing bill be enacted as

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soon as possible, It is my intention to present this bill for passage at the next session of the legislature. This Dec. 14th, 1949. Herman Holloway, Schley County Representative. Georgia, Fulton County. Personally appeared before me, an officer duly authorized to administer oaths, Herman J. Holloway, who after being duly sworn deposes and says that he is the author of the attached bill and that the notice of intention to introduce local legislation, a copy of which is attached hereto, was published on December 15, 1949, December 22, 1949 and December 29, 1949 in the Ellaville Sun which is the official organ of Schley County. This 19 day of Jan. 1950. Herman Holloway Sworn to and subscribed before me, this 19 day of Jan. 1950. W. L. Abney N. P. Walker Co. Notary Public Approved February 17, 1950. ALAPAHA TAX RATE. No. 810 (House Bill No. 927). An Act to amend the Act creating a new charter for the Town of Alapaha, in Berrien County, Georgia, said Act approved August 1, 1921 (Acts, General Assembly 1921, page 606, Section 9), so that when said Act and paragraph are so amended it will empower the mayor and aldermen of said town to levy a tax not exceeding ten (10) mills or one per centum (1%) on the property in said Town of Alapaha, and 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, so much of said Act establishing the new charter of the Town of Alapaha, of Berrien County,

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Georgia, approved August 1, 1921, and that part of Section 9 of said Act (Acts, General Assembly 1921, page 610), be and the same is hereby amended by striking from the third line of said section the words one-half of, so that when said part of said section is so amended it shall read as follows: Be it further enacted, that said mayor and aldermen shall have power to levy and collect a tax not exceeding one per cent. on all property, both real and personal, within the corporate limits of said town, * * *; so that when so amended the power of the mayor and aldermen of said town to levy taxes shall be increased from one-half of one percent. to one percent. on all the property of said town. Sec. 9, Act of 1921, amended. Tax rate Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. This being a local bill the author has seen fit in the abundance of precaution to cause notice of the introduction of said bill as local legislation pertaining to Alapaha, Berrien County, Georgia, alone, to be published in the Nashville Herald, the official organ of Berrien County, Georgia, doing the advertising of notices of the sheriff and ordinary of said county, for the time prescribed by law, a copy of which notice together with an affidavit of the editor and publisher of said paper is attached hereto, marked Exhibit A and made a part of this bill by express reference thereto, as provided by law. Notice of Local Legislation. Notice is hereby given that, by request, the undersigned will introduce at the next session of the General Assembly of Georgia a local bill, caption of which shall read as follows: A bill to be entitled an Act to amend the Act of the General Assembly of Georgia approved August 1, 1921, page 606, and Section 9 thereof, which fixed a limitation on the power of the mayor and aldermen of said town to levy a tax of five mills or one-half of one per centum on the property of said town, so that said Act when so amended shall empower the mayor and council of said town

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to levy a tax not exceeding ten mills or one per centum on the property in said Town of Alapaha, and for other purposes. This 23rd day of November, 1949. J. H. Swindle, Representative, Berrien County Nov. 24Dec. 22Jan. 5 Exhibit A. Notice of Local Legislation. Notice is hereby given that, by request, the undersigned will introduce at the next session of the General Assembly of Georgia a local bill, caption of which shall read as follows: A bill to be entitled an Act to amend the Act of the General Assembly of Georgia approved August 1, 1921, page 606, and Section 9 thereof, which fixed a limitation on the power of the mayor and aldermen of said town to levy a tax of five mills or one-half of one per centum on the property of said town, so that said Act when so amended shall empower the mayor and council of said town to levy a tax not exceeding ten mills or one per centum on the property in said Town of Alapaha, and for other purposes. This 23rd day of November, 1949. J. H. Swindle, Representative Berrien County. Georgia, Berrien County. In person appeared before the undersigned officer, duly authorized by law to administer oaths, came A. W. Starling, who first being sworn, deposes and says that he is the editor and publisher of the Nashville Herald, the newspaper doing the legal advertising for Berrien County, Georgia, carrying the sheriff and ordinary's legal advertisements for said county; and that the above notice of local legislation was published in said Nashville Herald in the issues beginning November 24, 1949, and ending with the issue of January 5, 1950, and said copy of said published

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notice and of this affidavit is hereby attached to and made a part of the local bill referred to in said notice. A. W. Starling Sworn to and subscribed before me, this January 19, 1950. Gladys B. Knight (Seal) N. P. Georgia State at Large Approved February 17, 1950. TRAFFIC VIOLATIONSTRIALS IN CERTAIN COUNTIES. No. 811 (House Bill No. 928). An Act to provide in the counties of the State of Georgia having a population of not less than four thousand (4,000) nor more than five thousand (5,000), according to the Federal census of 1940, and any future Federal census, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; to provide for the cost of same; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That all counties in the State of Georgia having a population of not less than four thousand (4,000) nor more than five thousand (5,000), according to the Federal census of 1940, and any future Federal census, the clerk of the superior court of said county shall attend trial in the court of ordinary on all cases for violation of all traffic laws in said county, and that the clerk of the superior court shall record the pleas and judgment in their respective offices, and shall receive a fee of four dollars ($4.00) for attending the trial and recording of the proceedings. Said fee shall be paid out of the cost assessed by the ordinary in such cases. Clerk of Superior Court to attend in certain counties. Fee. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 17, 1950.

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ATLANTA CORPORATE LIMITS EXTENDED. No. 815 (House Bill No. 945). 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. Notice of the intention to apply for the passage of this local bill has been published in the newspapers in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, and in the DeKalb New Era, the paper in which the sheriff's advertisements for DeKalb County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. 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 boundry lines: Limits extended. All of that territory lying and being in land lots 89, 103 and 104 of the Fourteenth District of Fulton County, Georgia, and lying within the following boundary lines: Beginning at a point on the present corporate limits, which point is two hundred thirty (230) feet east of the center line of Stewart Avenue, S. W. and four hundred twenty-four (424) feet south of the north land lot line of land lot 89; thence, southerly parellel to, and two hundred thirty (230) feet distance at right angles from, the center line of Stewart Avenue, S. W. to a point one hundred seventy (170) feet distance at right angles in a northerly direction from the north side of Claire Drive, S. W.; thence, easterly parallel to, and one hundred seventy (170) feet distant

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at right angles from, the north side of Claire Drive, S. W. eleven hundred fifty (1150) feet, more or less, to the west side of Vandivere Road, S. W.; thence, southerly along the west side of Vandivere Road, S. W., crossing Claire Drive, S. W., to a point one hundred sixty-eight (168) feet distant at right angles in a southerly direction from the south side of Claire Drive, S. W.; thence, westerly parallel to, and one hundred sixty-eight (168) feet distant at the right angles from, the south side of Claire Drive, S. W. and the projection westward across Stewart Avenue, S. W. to the west side of Stewart Avenue, S. W. thence southerly along the west side of Stewart Avenue, S. W. to the north side of Lynford Street, S. W., which point is fourteen hundred (1400) feet, more or less, north of the north side of Lakewood Avenue, S. W.; thence westerly along the north side of Lynford Street, S. W. and the projection westward to the west side of Brewer Boulevard, S. W.; thence northerly along the west side of Brewer Boulevard, S. W. one hundred fifteen (115) feet, more or less, to the south side of Athens Avenue, S. W.; thence westerly, northwesterly and northerly along the south, southwest and west sides of Athens Avenue, S. W. to a point one hundred fifty (150) feet distant at right angles in a southerly direction from the south side of Bridgewater Street, S. W.; thence in a westerly direction parallel to, and one hundred fifty (150) feet distant at right angles from, the south side of Bridgewater Street, S. W. and the projection westward to the present corporate limits in the center of Sylvan Road, S. W.; thence northerly, easterly, southerly, easterly, northerly, easterly, southerly and easterly to the point of beginning. Description. Section 3. 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

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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 in added territory. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta By J. C. Savage, City Attorney, 803 C. S. Natl. Bk. Bldg.

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This the 23 day of January, 1950. /s/ Luther Alverson Sworn to and subscribed before me this the 23 day of January, 1950. /s/ S. J. Childers, N. P. Notary Public. Approved February 17, 1950. APPRAISAL OF TAXABLE PROPERTY IN FULTON COUNTY AND CITY OF ATLANTA. No. 816 (House Bill No. 954). An Act to provide for the scientific appraisal of all taxable property in the City of Atlanta and Fulton County; to provide for the levy and collection of a tax in and by Fulton County to defray the cost thereof; to require the City of Atlanta to defray the cost of the appraisal of that portion of the City of Atlanta lying in DeKalb 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. The governing authorities of Fulton County shall, on or before September 1, 1951, cause to be made an appraisal of all taxable property in said county and in the City of Atlanta. Such appraisal shall be made by an independent qualified agency. Appraisal by independent agency. Section 2. The Receiver of Tax Returns of Fulton County, the Tax Collector of Fulton County, the County Board of Tax Assessors of Fulton County and the Tax Assessors and Receivers of the City of Atlanta shall make available to such agency, as may be so designated by the governing authorities of Fulton County, all books, records and information pertaining to the taxable property and assessments thereof in their respective offices. Information, records, etc. to be made available. Section 3. Such agency shall, upon the completion of its

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survey and appraisal and on or before September 1, 1951, furnish to the governing authorities of Fulton County, of the City of Atlanta and of any incorporated municipalities within Fulton County requesting it, copies of its findings and appraisals. Reports of findings. Section 4. The governing authorities of Fulton County shall levy and collect a tax of one mill for the year 1950 only, which shall be in addition to any other levy otherwise authorized by law, to defray the cost of such survey and appraisal. Any monies received from such tax in excess of the amount needed to pay for such survey and appraisal shall be covered into the general funds of Fulton County. Special tax to cover cost. Section 5. The City of Atlanta shall pay to the governing authorities of Fulton County the sum of $15,000.00 to defray the expense of such survey and appraisal in that part of the City of Atlanta lying in DeKalb County. Payment of Atlanta to Fulton County. Section 6. Such agency as may be designated to make this survey and appraisal herein provided for and its duly authorized employees shall have all the rights, power and duties to enter, inspect and appraise property as is by law vested in the County Board of Tax Assessors, the Tax Assessors and Receivers of Atlanta and their duly appointed deputies. Powers, duties of appraising agency. Section 7. This Act, being for the welfare of the citizens of Fulton County and of the City of Atlanta and all other municipalities in Fulton County, shall be liberally construed to effect the purposes thereof. Construction of Act. Section 8. A copy of notice of intention to apply for this local legislation and the affidavit of the author showing such publication are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution relating to publication of notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson, author of the attached bill, who after being duly

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sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia, which will convene in January, 1950, for the passage of a bill to require the governing authorities of the City of Atlanta and the County of Fulton to cause a scientific appraisal of all taxable property in the City of Atlanta and the County of Fulton to be made; to authorize and require the levy and collection of a tax in and by the County of Fulton to defray the costs thereof; and to require the City of Atlanta to defray the expenses of the appraisal of that portion of the City of Atlanta lying in DeKalb county. Local Government Commission of Fulton County and the City of Atlanta. By: Allen D. Albert, Jr., Chairman 12-29-3t This the 25 day of Jan. 1950. Luther Alverson Sworn to and subscribed before me, this the 25 day of January, 1950. W. H. Key Notary Public Approved February 17, 1950.

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LUMPKIN COUNTY TAX COMMISSIONERS COMPENSATION. No. 817 (House Bill No. 956). An Act to amend an Act consolidating the officers of Tax Receiver and Tax Collector of Lumpkin County and creating the office of Tax Commissioner of Lumpkin County approved August 24, 1931 (Ga. Laws 1931 p. 523), by fixing the compensation of the tax commissioner at two thousand-four hundred ($2,400) dollars per annum; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act consolidating the offices of Tax Receiver and Tax Collector of Lumpkin County and creating the office of Tax Commissioner of Lumpkin County, approved August 24, 1931 (Ga. Laws 1931, p. 523), is hereby amended by striking in its entirety Section 6 relating to the compensation of said tax commissioner and inserting in lieu thereof a new section to be known as Section 6, and which shall read as follows: Sec. 6. Act of 1931, amended. Section 6. Be it further enacted by the authority aforesaid that beginning 1 January 1950, the compensation of the County Tax Commissioner of Lumpkin County, Georgia shall be two thousand-four hundred ($2,400) dollars per annum to be paid in equal monthly installments by the fiscal authority of Lumpkin County. This compensation shall be in lieu of all fees, commissions or any other compensation heretofore received by said Tax Commissioner. Compensation. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. The Dahlonega Nugget. P.O. Box 176 Dahlonega, Georgia January 24, 1950 I, Jack H. Parks, being editor and publisher of the Dahlonega Nugget, a newspaper of general distribution in Lumpkin County, do certify that the following legal advertisement, to wit:

Page 2791

Notice of Intention to Introduce Local Legislation Notice is hereby given that it is my intention to introduce local legislation at the next session of the General Assembly to provide that the method of compensation of the Tax Commissioner of Lumpkin County shall be changed from a fee basis to a salary basis. This the 15th day of December, 1949. /s/ Fred Jones, Jr. Fred Jones, Jr. did appear in three consecutive issues of the Dahlonega Nugget on Dec. 30, January 6 and 13. /s/ Jack H. Parks Jack H. Parks Editor Publisher Dahlonega Nugget Sworn to and subscribed before me this 24th day of January 1950. /s/ Doyle H. Anderson Clerk Superior Court, Lumpkin County, Georgia Clerk Superior Court Lumpkin County, Georgia Seal Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce local legislation at the next session of the General Assembly to provide that the method of compensation of the Tax Commissioner of Lumpkin County shall be changed from a fee basis to a salary basis. This 15th day of December 1949. Fred Jones, Jr. Dec. 30, Jan. 6, 13 Approved February 17, 1950.

Page 2792

FULTON CRIMINAL COURTSALARIES OF JUDGES AND SOLICITOR-GENERAL. No. 818 (House Bill No. 972). 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, particularly as amended by an Act approved March 3, 1947 increasing and fixing the annual salaries of the judges and the solicitor-general of the said Criminal Court of Fulton County, and as amended by an Act approved March 25, 1947 fixing the salary of the solicitor-general of said court, and making other provisions, by increasing and fixing the salaries of the judges and solicitor-general of the said court, and as amended by an Act approved February 25, 1949, fixing the salaries of the judges and the solicitor-general of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid that the Act 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, particularly as amended by an Act approved March 3, 1947, increasing and fixing the annual salaries of the judges and the solicitor-general of the said Criminal Court of Fulton County, and as amended by an Act approved March 25, 1947, fixing the salary of the solicitor-general of said court, and making other provisions, and as amended by an Act Approved February 25, 1949, fixing the salaries of the judges and the solicitor-general of said court, and for other purposes, be and the same is hereby amended by providing as follows: Acts amended. From and after the passage and approval of this Act the annual

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salary of the judges of said court shall be fixed by the Commissioners of Roads and Revenues of Fulton County at not less than ten thousand ($10,000.00) dollars nor more than twelve thousand ($12,000.00) dollars, payable monthly out of the treasury of Fulton County, and the annual salary of the solicitor-general of said court shall be fixed by the Commissioners of Roads and Revenues of Fulton County at not less than ten thousand ($10,000.00) dollars nor more than twelve thousand ($12,000.00) dollars, payable monthly out of the treasury of Fulton County. Said salaries provided by this Act shall be in lieu of any salaries heretofore prescribed by law for the said judges and solicitor-general of said court. Salaries. Section 2. Be it further enacted by the authority of the aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 11th day of November, 1949, and once each week thereafter for 10 consecutive weeks as provided by law. (s) A. M. Kempton Subscribed and sworn to before me this 25th day January, 1950. (s) Bessie K. Crowell Notary Public, Fulton County, Georgia My commission expires Feb. 7, 1950. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation at the approaching adjourned session of the General Assembly

Page 2794

of Georgia which will convene on the 16th day of January, 1950, by amending the Act creating the Criminal Court of Atlanta, now Criminal Court of Fulton County, and Acts amendatory thereof, by increasing and fixing the salaries of the judges and solicitor-general of said court, and for other purposes. (s) Frank M. Swift, Chairman Legislative Committee of the Atlanta Bar Association. Nov. 11, 18, 25 tfn Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 11th day of November, 1949, and once each week thereafter for 10 consecutive weeks as provided by law. (s) A. M. Kempton Subscribed and sworn to before me this 25th day of January, 1950. (s) Bessie K. Crowell Notary Public, Fulton County, Georgia My commission expires Feb. 7, 1950 (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation at the approaching adjourned session of the General Assembly of Georgia which will convene on the 16th day of January, 1950, by amending the Act creating the Criminal Court of Atlanta, now Criminal Court of Fulton County, and Acts amendatory

Page 2795

thereof, by increasing and fixing the salaries of the judges and solicitor-general of said court, and for other purposes. (s) Frank M. Swift, Chairman Legislative Committee of the Atlanta Bar Association. Nov. 11, 18, 25 tfn Approved February 17, 1950. ATLANTA CORPORATE LIMITS EXTENDED. No. 821 (House Bill No. 983). 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 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: Limits extended. All that tract or parcel of land lying and being in Land Lot 143 of the 14th District of Fulton County, Georgia being Lot 9, Block C, of Anthony Loveless Subdivision, as shown on plat of same by E. B. Respess, C. E., of March, 1924, recorded in Plat Book 11, page 38, Fulton County Records, and more particularly described as follows: Beginning at a point marked by an iron pin on the east side of East Anthony Street four hundred (400) feet south of the southeast corner of East Anthony Street and Anthony Place, running thence east one hundred ten (110) feet to an iron pin; thence south fifty (50) feet to an iron pin; thence west one

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hundred ten (110) feet to an iron pin on the east side of East Anthony Street; thence north, along the east side of East Anthony Street, fifty (50) feet to the point of beginning, being known as No. 541 East Anthony Street, N. W. Description. 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 collectors, marshal, clerk of council, building inspector, recorder, and all 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 payment of such bonds equally with the other territory of the City of Atlanta. Powers of city in added territory. Section 3. A copy of notice of intention to apply for this local legislation and the affidavit of the publisher showing such publication are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution relating to publication of notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, J. L. Walton,

Page 2797

author of the attached Bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta, By J. C. Savage, City Attorney, 803 C S Natl Bk Bldg. Dec. 8, 15, tfn This the 19th day of January, 1950. J. L. Walton Sworn to and subscribed before me, this the 19th day of January, 1950. A. B. Foster Notary Public, State at Large Approved February 17, 1950.

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CANTON SCHOOL TAX. No. 822 (House Bill No. 986). An Act to amend an Act of the General Assembly of Georgia, approved July 26, 1922, amending an Act of July 29, 1919, and the Act establishing the system of public schools in the City of Canton in Cherokee County, approved August 11, 1913, to provide for an increase in the school tax of the City of Canton from six-tenths of one per cent to eight-tenths of one per cent and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that the Act approved July 26, 1922, amending an Act of July 29, 1919, and the Act establishing the system of public schools in the City of Canton in Cherokee County, approved August 11, 1913, be, and the same is, hereby amended by striking from the last clause of said Act of July 26, 1922, the words six-tenths and inserting in lieu thereof the words eight-tenths so that when amended the last clause of said Act shall read as follows: Acts of 1922 amended. School tax. An amount not to exceed eight-tenths of one per cent. Section 2. Be it further enacted, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Georgia, Cherokee County: Personally appeared before the undersigned officer authorized to administer oaths, Ralph D. Owen, who first being sworn on oath says that he is associate editor and publisher of the North Georgia Tribune, the same being the newspaper in which the sheriff's advertisements of Cherokee County, Georgia, are published, and that the attached notice is a true and correct copy and clipping of the notice which was published in the North Georgia Tribune once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Sworn to and subscribed before me Jan. 24, 1950. Ralph D. Owen. Eunice C. Barnes Notary Public

Page 2799

To Amend City Charter. Georgia, Cherokee County: Notice is hereby given that at the session of the General Assembly of the State of Georgia to be held in January of 1950 there will be introduced therein a bill to amend the charter of the City of Canton to authorize the mayor and council to levy a tax not to exceed eight (8) mills for the purpose of maintaining the public schools of said city, and to authorize the board of assessors of said city to assess for taxation all real and personal property in said city at its full valuation, and for other purposes. By authority of the Mayor and Council. This Nov. 2, 1949. O. E. Morgan, City Clerk. Approved February 17, 1950. VALDOSTA CORPORATE LIMITS. No. 823 (House Bill No. 999). An Act to amend the charter of the City of Valdosta; to alter, extend, and redefine the corporate limits of 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, pages 670, et seq.), together with the Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. That the corporate limits of the City of Valdosta be, and the same are, hereby altered, changed, relocated, and reestablished so that from and after the passage of this Act said corporate limits shall be defined, located and described as follows: Beginning at the point in Lowndes County, Georgia, where the center line of U. S. Highway No. 84 (East Hill Avenue) intersects

Page 2800

the original land lot line between land lots 107 and 124 in the 11th land district, and from said point of beginning running northerly along said land lot line to the center of the run of Knight's Creek; thence in a general westerly direction along the meandering of the center of the run of Knight's Creek to the original land lot line between land lots numbered 106 and 79 in said land district; thence southerly along the last-mentioned land lot line to the southeast corner of said land lot number 79; thence westerly along the original south line of said land lot number 79 to the east margin of the right of way of the Georgia Florida Railroad; thence southerly along the east margin of said railroad right of way to the intersection of said east margin of said right of way with the north margin of East Gordon Street extended; thence northwesterly in a straight line to a point on the west margin of Forest Street three hundred (300) feet northerly (measured along the west margin of Forest Street) from the northwest corner of the intersection of Forest Street and East Force Street; thence northwesterly in a straight line to the intersection of the east margin of North Troupe Street and the original land line between land lots numbered 78 and 79 in the eleventh land district of said county; thence westerly along the last-mentioned land lot line to a point one hundred fifty (150) feet westerly from the west boundary of North Lee Street measured perpendicularly to North Lee Street; thence northerly parallel to and one hundred fifty (150) feet from the west margin of North Lee Street to the north margin of Moore Street; thence easterly along the north margin of Moore Street to a point on the east margin of a fifteen-foot alley five hundred eighty-two and five-tenths (582.5) feet easterly from the east margin of Lee Street; thence northerly parallel with the east margin of Lee Street and along the east margin of said fifteen-foot alley to a point on the north margin of another fifteen-foot alley three hundred seven and five-tenths (307.5) feet northerly from the north margin of Alden Avenue; thence south eighty-eight degrees forty-two minutes east along the north margin of the last-mentioned fifteen-foot alley and the extension thereof to the west margin of Lee Street; thence southerly along the west margin of Lee Street to the north margin of Alden Avenue; thence westerly along the north margin of Alden Avenue one hundred fifty (150) feet; thence northerly parallel with and one hundred fifty (150) feet west of the west margin of Lee Street to the

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north margin of Park Avenue (State Highway No. 31); thence westerly along the north margin of said Park Avenue to the east margin of North Ashley Street; thence northerly along the east margin of North Ashley Street to the east margin of Bemis Road; thence northerly along the east margin of Bemis Road to a point one hundred forty-five (145) feet south of the south margin of Lakeland Avenue; thence easterly perpendicular to the east margin of Bemis Road to the east margin of Marion Street; thence northerly along the east margin of Marion Street to the south margin of Lakeland Avenue; thence easterly along the south margin of Lakeland Avenue to the east margin of Melrose Drive; thence northerly along the east margin of Melrose Drive to the north margin of Langdale Drive; thence westerly along the north margin of Langdale Drive to the west margin of Bemis Road; thence southerly along the west margin of Bemis Road to a point on the west margin of Bemis Road two hundred seventy (270) feet from the intersection of the west margin of Bemis Road and the east margin of Ashley Street; thence north eighty-nine degrees fifty-three minutes west one hundred twenty-seven and seven-tenths (127.7) feet to the east margin of Ashley Street; thence northerly along the east margin of Ashley Street to the center of the run of Two Mile Branch; thence westerly along the center of the run of said branch to the west margin of Ashley Street; thence northerly along the west margin of Ashley Street to the northeast corner of the college campus property of Emory at Valdosta; thence westerly along the north boundary of said college property and continuing on in the direction or course of said north boundary to a point three hundred (300) feet westerly from the west margin of Oak Street, measured perpendicularly to the west margin of Oak Street; thence southerly parallel with and three hundred (300) feet from the west margin of Oak Street to a point three hundred (300) feet northerly from the north margin of Gornto Road, measured perpendicularly to the north margin of Gornto Road; thence westerly parallel with and three hundred (300) feet from the north margin of Gornto Road to a point three hundred (300) feet westerly from the west margin of Azalea Road extended, measured perpendicularly to the west margin of Azalea Road extended; thence southerly parallel with and three hundred (300) feet from the west margin of Azalea Road and the west margin of Azalea Road extended to a point two hundred (200) feet

Page 2802

northerly from the north margin of West Park Avenue, measured perpendicular to the north margin of West Park Avenue; thence westerly parallel with and two hundred (200) feet from the north margin of West Park Avenue one thousand four hundred twenty-two (1422) feet; thence southerly in a straight line to a point on the center line of West Alden Avenue six hundred sixty (660) feet westerly from the center of the intersection of West Alden Avenue and McLeod Road, measured along the center line of West Alden Avenue; thence southerly to a point on the center line of Bay Tree Road three hundred fifty (350) feet easterly from the center of the intersection of Bay Tree Road and JoRee Pond Road, measured along the center line of Bay Tree Road; thence in a direction slightly east of south to the southwest corner of the intersection of West Gordon Street and Hightower Street (the latter also known as West Gordon Street Lane); thence southerly along the west margin of said Hightower Street (and/or West Gordon Street Lane) to the north-west corner of the intersection of Hightower Street and River Street; thence southerly in a straight line to the southeast corner of the intersection of West Hill Avenue and Stanley Street; thence southerly along the east margin of Stanley Street to the center of Dukes Bay Drainage Canal; thence easterly along the center of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence southeasterly in a straight line to a point on the center line of the Georgia and Florida Railroad right of way one thousand two hundred thirty-seven and sixtenths (1237.6) feet northerly from the center of the intersection of the last-mentioned right of way and the old Clyattville Road, measured along the center line of said right of way; thence southeasterly in a straight line to a point on the center line of the old Clyattville Road three hundred sixty-seven (367) feet southwesterly from the center of the intersection of the old Clyattville Road and the right of way of the Georgia Southern Florida Railway Palatka Division, measured along the center line of old Clyattville Road; thence southeasterly in a straight line to the northeast corner of the intersection of the last-mentioned railroad right of way and the Madison Highway (State Highway No. 31); thence northerly along the east margin of said Madison Highway to the northeast corner of the intersection of said Madison Highway and Dampier Street; thence easterly along the north margin of Dampier Street to the southwest margin of

Page 2803

South Patterson Street; thence southerly along the southwest margin of South Patterson Street; (U. S. Highway No. 41) a distance of two thousand two hundred sixty-six (2266) feet to the northeast corner of the State Farmer's Market property; thence running south forty-nine degrees twenty-seven minutes west one thousand two hundred twenty-five and six-tenths (1225.6) feet to a concrete post set in the cast margin of the Georgia Southern Florida Railroad right of way; thence southerly along the east margin of said railroad right of way one thousand one hundred two (1102) feet; thence running north forty degrees thirty-two minutes east seven hundred forty-seven (747) feet; thence running southerly parallel with and five hundred seventy-five (575) feet from the west margin of South Patterson Street a distance of three hundred (300) feet; thence running north forty degrees thirty-two minutes east to the northwest margin of South Patterson Street; thence northwesterly along the northeast margin of South Patterson Street to its intersection with the east margin of South Lee Street; thence northerly along the east margin of South Lee Street to the northeast corner of the intersection of South Lee Street and the old Statenville Road; thence westerly along the north margin of the old Statenville Road to the northeast corner of the intersection of the old Statenville Road and South Troupe Street; thence northeasterly in a straight line to a point on the center line of Lake Park Road four hundred (400) feet southerly from the center of the intersection of Lake Park Road and Fry Street, measured along the center line of Lake Park Road; thence northeasterly in a straight line to the intersection of the center line of the Georgia Southern Florida Railway main line right of way and the original east land lot line of land lot number seventy-seven (77) in the eleventh land district of said county; thence northerly along the original east line of land lots numbered seventy-seven (77) and seventy-eight (78) in the 11th land district to the southern boundary of the A. C. L. Railroad right of way; thence easterly along the southern boundary of the A. C. L. Railroad right of way to the original land lot line between land lots numbered one hundred seven (107) and one hundred twenty-four (124) in said land district; thence northerly along said last-mentioned land lot line to the center line of East Hill Avenue, the point of beginning. Description.

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Section 2. That, as used in this Act, the word extended immediately following the name of a street or a line shall mean and refer to a continuation or extension of such street or line along the same course that such street or line is directed at the time of the approval of this Act, regardless of the direction in which such street or line may thereafter be actually extended. Section 3. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 4. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage hereof, accompanied by an affidavit of the authors hereof to the effect that said notice has been published as provided by law. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1950 session of the General Assembly of Georgia, which bill shall be entitled: A bill entitled: An Act to amend the charter of the City of Valdosta; to alter, extend, and re-define the corporate limits of said city; and for other purposes. J. E. Mathis John W. Langdale Lowndes County Representatives. State of Georgia, County of Fulton. Before me, the undersigned officer authorized by law to administer oaths, personally appeared J. E. Mathis and John W. Langdale, who, being both duly sworn, depose and say that the attached and next foregoing instrument entitled Notice of Local Bill is a true and correct copy of the notice of intention to apply for the passage of the attached and foregoing bill, which notice of intention deponents cause to be published as provided by Article III, Section VII, paragraph XV of the Constitution of Georgia; and deponents further depose and say that Notice of Intention has been published as provided by law. (s) John W. Langdale (s) J. E. Mathis

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Sworn to and subscribed before me, this 30th day of January, 1950. (s) W. M. Tribble N. P. Approved February 17, 1950. LOUISVILLE CHARTER AMENDMENTS. No. 824 (House Bill No. 1014). An Act to amend an Act entitled An Act to consolidate, amend and supersede the several Acts incorporating the town of Louisville, Georgia, in the County of Jefferson, and the several Acts amendatory thereof; to change the corporate name; to provide for the establishment and maintenance of a system of waterworks, sewerage and electric lights for said town; to confer additional powers upon the mayor and council of said town; to repeal conflicting laws, and for other purposes; so as to change the time of the election of the mayor and council from the first Saturday in January to the first Tuesday in November; and to authorize the mayor and council to elect a recorder and fix his salary; and so as to provide for the terms of the office of the mayor and council so that two (2) councilmen, or the mayor and one councilman only shall be retired or reelected each year; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that Section 4 of the above recited Act adopted December 18, 1900 (Georgia Laws of 1900, page 305), be amended by striking the said section in its entirety and substituting in lieu thereof the following, to also be known as Section 4: Sec. 4, Act of 1900, amended. Section 4. Be it enacted by the authority aforesaid that an election shall be held at the city hall in the said City of Louisville on the first Saturday in November, 1950, for the election of a mayor and five (5) councilmen; the mayor and one councilman shall be elected for a term of one year, two (2) councilmen shall be elected for a term of two years, and two (2) councilmen shall be elected for a term of three years. On the first Saturday in November, 1951, the mayor and one councilman shall

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be elected for a term of three years. Thereafter each year on the first Saturday in November the vacancies in the office of the mayor and council as the terms expire shall be filled by an election for a three year term. In each instance the mayor and members of council shall serve until their successors are elected and qualified. The terms of office of the mayor and council so elected, beginning with the election to be held on the first Saturday in November, 1950, shall begin on the first Tuesday in January, following the dates of their election. Election of mayor and aldermen. Be it further enacted by the authority aforesaid that there be added to the said Act of December 18, 1900, Sections 31, 32, and 33, to read as follows: Section 31. Be it enacted by the authority aforesaid that the mayor and council of the City of Louisville be, and they are hereby, authorized and empowered to elect and employ a recorder with equal authority with the mayor to try all cases heretofore tryable in the mayor's court, or by the mayor of the said city, the salary of such recorder to be fixed each year by the mayor and council, but at no time to exceed fifty ($50.00) dollars per month. Sec. 31 added. Recorder. Section 32. Be it enacted by the authority aforesaid that this Act shall not become operative until the same has been put to a vote by the said mayor and council of said city at a regular meeting of the mayor and council held during the year 1950, by a majority vote of the said mayor and council. Effective date. Section 33. Be it enacted by the authority aforesaid that all laws and parts of laws in conflict with same and foregoing be, and the same is hereby repealed. I, Virginia Polhill Price, publisher of the News and Farmer, the newspaper in which sheriff's advertisements are published in the County of Jefferson, in which the City of Louisville, Georgia, is located, hereby certify that there has been published in the said newspaper for three weeks immediately preceding the date of this certificate notices of a local bill to be introduced in the 1950 session of the General Assembly, the said notices being as follows: To whom it may concern: Notice is hereby given that a local bill be introduced during

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the 1950 session of the Georgia General Assembly to amend the charter of the City of Louisville as follows, to wit: (1) To change the time of holding elections of mayor and council from the first Saturday in January to the first Saturday in November of each year. (2) To authorize the council to elect a recorder and to fix his salary. This the 4th day of January, 1950. J. Roy McCracken, Representative, Jefferson County. To whom it may concern: Notice is hereby given that a local bill will be introduced during the 1950 session of the General Assembly of the State of Georgia, to amend the charter of the City of Louisville, Georgia, so as to provide that beginning with the next election of mayor and council hereafter such election shall be so held that two councilmen, or the mayor and one councilman, shall be replaced each year. This the 12th day of January, 1950. J. Roy McCracken, Representative, Jefferson County. This January 24, 1950. (s) Virginia Polhill Price Approved February 17, 1950. CHAMBLEE CHARTER AMENDMENTS. No. 825 (House Bill No. 1017). An Act to amend the Act of 1908, approved August 17, 1908, and found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County, and to amend the Act of 1935, approved March 28, 1935, and found in Georgia Laws of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, and to amend all Acts

Page 2808

amended by said Acts, and to amend all Acts amendatory of said Acts, so as to include additional territory and expand the corporate limits of said municipality; to make provision for compensating the mayor and councilmen of said municipality; to increase the powers of the police officers of said municipality; and for other purposes. Be it enacted by authority of the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That on and after the passage and approval of this Act, the Act of 1908, approved August 17, 1908, and found in Georgia Laws for 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County, and the Act of 1935, approved March 28, 1935, and found in Georgia Laws of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, and all Acts amended by said Acts, and all Acts amendatory of said several Acts be, and the same are, hereby amended as in this Act provided, to wit: Section 2. On and after the passage and approval of this Act, the following described territory shall be a part of the corporate territory of said City of Chamblee, said territory being more particularly described as follows: Commencing at the point on the eastern side of the Chamblee and Dunwoody public road where the extended corporate limit line of said municipality as extended and defined by the Act approved February 15, 1949, (Georgia Laws, Extra Session 1948 and Regular Session 1949, pages 573 to 577, inclusive) leaves said side of said road and crosses said road, said point being in the northwestern portion of land lot 308 of the eighteenth (18th) land district of DeKalb County, and running thence northeasterly and easterly along a curved line which is located a uniform distance of twelve hundred (1200) feet northerly from the northern portion of the circular corporate limit line as fixed for said municipality by said Act of 1908 and referred to in said later Acts, and for a distance of approximately twenty-eight hundred (2800) feet and to the east original land lot line of land lot three hundred and twenty-four (324) of said district; thence south along the east lines of land lot three hundred twenty-four (324) aforesaid, and along the east line of land lot three hundred and eight (308) of

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said district, a distance of one thousand (1000) feet, more or less, to the southeastern right of way line of Peachtree Industrial Boulevard; thence southwest along said southeastern right of way line of said Peachtree Industrial Boulevard four hundred (400) feet, more or less, to the original circular corporate limit line defined by said Act of 1908, and the other Acts referred to herein; thence running westerly and southwesterly along said previously defined circular corporate limit line sixteen hundred (1600) feet, more or less to the eastern right of way line of said Chamblee and Dunwoody public road; thence northerly and northwesterly along the eastern and northeastern right of way line of said Chamblee and Dunwoody public road to the point of beginning. Added territory. Section 3. On and after the passage and approval of this Act, the jurisdiction of the City of Chamblee shall be extended over all the territory annexed thereto by this Act; the laws and ordinances of said municipality (except in such cases as future ordinances may be necessary) now effective in all other sections of said City of Chamblee are hereby made applicable to the territory annexed by this Act, and to the citizens and residents of said annexed territory. The territory annexed, and the residents and citizens of said annexed territory, and those engaged and hereafter engaged within said annexed area in the conduct of the various businesses, occupations, and professions are made liable for their legal proportion of the obligations and liabilities of the City of Chamblee, both as at present existing, and as may hereafter accrue under the laws and ordinances applicable thereto. Powers of city in added territory. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that Section I of Article 3 of said Act approved March 28, 1935, which reads as follows: Act of 1935 amended. Section I. The entire control, management and legislative functions of said municipality shall be vested in a board of mayor and councilmen, to be elected as provided in Article 2 of this Act. They shall receive such reasonable compensation for their services as shall be fixed by unanimous vote of the council members, be and the same is, hereby amended by adding thereto the following: The Mayor shall be entitled to receive such monthly salary as will reasonably compensate him for all services required of and performed by him under the laws and ordinances,

Page 2810

including his services as presiding magistrate of the Mayor's Court of the City of Chamblee. The salaries and compensation of the mayor and members of council may be changed at any time, in either regular or special meeting, as conditions may require., so that said section, when so amended, shall read as follows: Section I. The entire control, management, and legislative functions of said municipality shall be vested in a board of mayor and councilmen, to be elected as provided in Article 2 of this Act. They shall receive such reasonable compensation for their services as shall be fixed by unanimous vote of the council members. The mayor shall be entitled to receive such monthly salary as will reasonably compensate him for all services required of and performed by him under the laws and ordinances, including his services as presiding magistrate of the Mayor's Court of the City of Chamblee. The salaries and compensation of the mayor and members of council may be changed at any time, in either regular or special meeting, as conditions may require. Mayor and councilmen. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that whenever it may become necessary in connection with any matter pending before the mayor and council, or before the Mayor's Court of the City of Chamblee, or before the judge or magistrate of said court for any notice, summons, or subpoena to be served, personal or otherwise, such service may be made or notice given by the marshal of the City of Chamblee, or by any police officer of said municipality; and such officers shall be authorized to make such service not only within the corporate limits, but may make the same anywhere within the State. Due return made by them shall be prima facie evidence of service. The provisions of this section are supplemental to all other authorized methods of service. Service of notice, summons, etc. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that in the event any article, section, paragraph, or any provision of this Act, in whole or in part, or any isolated portion of this Act, is declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining

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part, unless expressly so held by a court of competent jurisdiction. If part invalid. Section 7. Be it further enacted by the authority aforesaid, and it is so enacted by said authority, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 8. Attached hereto and made a part of this Act is a copy of a published notice of intention to apply for passage of this Act, with certificate and proof of publication of said notice, all in accordance with the Constitution and laws of this State in such cases made and provided. Georgia, DeKalb County. Personally before me came W. Hugh McWhorter who says on oath that he is business manager of New Era Publishing Company, Inc., publisher of the DeKalb New Era, a weekly newspaper published at Decatur, DeKalb County, Georgia, said newspaper being the official legal advertising medium of DeKalb County, and it being the newspaper in which sheriff's advertisments for DeKalb County are published, and that he is authorized to make this affidavit and to certify to the fact of legal advertising in said newspaper, and he does certify under oath that the following notice was published in said newspaper once on each of the following dates: December 22, 1949, December 29, 1949, and January 5, 1950. Said notice being as follows: Notice of Local Legislation. Notice is hereby given that at the next session of the General Assembly of Georgia, to convene January, 1950, application will be made to amend the charter of the City of Chamblee in the following particulars and for the following purposes: (1) Add additional territory lying between the northern present line of said municipality and a curved line twelve hundred feet northwardly thereof, and bounded west by Chamblee-Dundwoody public road, and east by the east lines of land lots 324 and 308 of the 18th district of DeKalb County; (2) make provision for compensating the mayor and councilmen; (3) to increase the powers

Page 2812

of the police officers of said municipality; and for other purposes. By order of the Mayor and Council of the City of Chamblee. This the 16th day of December, 1949. W. B. Malone, Mayor Carl T. Hudgins, Atty. And that said notice was published as provided by law. (s) W. H. McWhorter Sworn to and subscribed before me this the 12th day of January, 1950. (s) Gwendolyn B. Painter Notary Public, Georgia State at Large. My commission expires Feb. 3, 1950. Approved February 17, 1950. LITHONIA PARKS AND PLAYGROUNDS TAX. No. 826 (House Bill No. 1018). An Act to amend the charter of the City of Lithonia by providing for the levy of a tax for maintenance and upkeep of parks and playgrounds; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act entitled an Act to create a 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: Section 1. By inserting in Section 27 of said Act, as amended, between the words each specifying the purpose for which it was levied and and all proceedings for collecting said taxes shall show the amount due on each of said tax levies, the following language: Provided however, that the mayor and council shall annually levy a tax of ten cents on the one hundred ($100.00) dollars to be used for the maintenance and upkeep of

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the parks and playgrounds of the City of Lithonia, so that said section as amended, shall read as follows: Sec. 27, Act of 1913, amended. Section 27. Be it further enacted, that for the purpose of 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 shall be levied under separate ordinances, each specifying the purpose for which it was levied, provided however, that the mayor and council shall annually levy a tax of ten cents on the one hundred ($100.00) dollars to be used for the maintenance and upkeep of the parks and playgrounds of the City of Lithonia and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The mayor and council shall have power and authority to provide by ordinance for the returns and assessment of all taxable property in said city, and to provide penalties for neglect and refusal to comply with same, as elsewhere provided in this Act. Tax rates. Parks and playgrounds. Section 2. Be it further enacted that this Act shall be effective upon approval by 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. The DeKalb New Era 128 Atlanta Avenue Decatur, Ga. January 24, 1950

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Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certified that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation was duly published once a week for three weeks as required by law; said dates of publication being January 5, 12 and 19th, 1950. The DeKalb New Era (s) W. H. McWhorter, W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 24th day of January, 1950. (s) Gwendolyn B. Painter Notary Public, Georgia, State at Large, My commission expires Feb. 3, 1950 Copy of Notice. Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the City of Lithonia intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia to amend the charter of the City of Lithonia, the title of such bill to be as follows: An Act to amend the charter of the City of Lithonia by providing for the levy of a tax for maintenance and upkeep of parks and playgrounds; and for other purposes. This the 4th day of January, 1950. City of Lithonia, by Charles L. Davidson, Mayor. 1-5-3t Approved February 17, 1950.

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BARTOW TAX RATES. No. 827 (House Bill No. 1021). An Act to amend an Act entitled An Act to create and establish a new charter for the Town of Bartow, to declare the rights, powers and privileges of said corporation, and for other purposes, as contained in Georgia Laws of 1914, pages 430-451, by striking the words one-half of one per cent in the sixth line of Section 18 of said Act and inserting in lieu thereof the words one and one-half of one per cent, so that the said Act as amended will authorize the levy of an ad valorem tax of one and one-half per cent on all property, both real and personal, located within the limits of the Town of Bartow; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same that an Act entitled An Act to create and establish a new charter for the Town of Bartow, to declare the rights, powers and privileges of said corporation, and for other purposes, as contained in Georgia Laws of 1914, pages 430-451, be and the same is hereby amended by striking the words one-half of one per cent in the sixth line of Section 18 of said Act and inserting in lieu thereof the words one and one-half of one per cent so that said section as amended will read as follows: Sec. 18, Act of 1914, amended. Section 18. Be it further enacted by the authority aforesaid, that in addition to the special school tax authorized by the law at present, said Town of Bartow shall have the right and power to assess, levy and collect a tax upon all property both real and personal, within the limits of the town, not to exceed one and one-half of one per cent ad valorem; to levy and collect a specific or occupation tax on all business, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper and upon franchises and incomes; to fix a license on theatrical exhibitions, circuses and shows of all kinds, in the sale of spirituous and malt liquors, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kind of tables, tenpin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, legitimately coming within

Page 2816

the police power of the city, as may be just and reasonable. The taxing power of said city, except as herein limited, shall be as general, complete and full as that of the State itself. The said council of the Town of Bartow is hereby created a board of tax assessors in and for said town with the power to supervise and inspect all tax returns and if in their judgment any property returned for taxation has been returned not at its true value, so adjust the same and to notify the taxpayer whose returns have been changed within five days after such change, and upon a failure of the taxpayer and said authorities to agree as to the value of said property, then the town council shall name one arbitrator, the taxpayer one and in the event of their disagreement, these two shall name a third who shall fix the value of said property; the taxpaper having the right to appeal from said decision as is now provided under the State law for appeal in similar cases. (a) Said town shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council for the current or any previous years, not in conflict with any limitations prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due, and shall have the power to enforce the collection of taxes by execution issued by the clerk of council, directed to the marshal or chief of police and bearing teste in the name of the mayor, which execution shall be issued in the time and in the manner prescribed by city ordinances not in conflict with the State law, and such executions shall be enforced by the marshal or chief of police by levy on and sale of the property of the defendant and the sale under same shall be conducted as is now, or may hereafter be provided be State law and city ordinances not in conflict with said State laws; and where the owner of property in said town is unknown, such execution may be issued against said property and the levy on and sale thereof shall be had as herein provided, and said town's power to provide machinery or methods for the return, assessment and taxation of property within the town, shall be as full and complete as that of the State. (b) Said town shall have power to provide by ordinance for the registration of all business occupations that are subject to a specific, occupation or license tax, the time or times at which same shall be due, and shall provide

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penalties, within the limits of this charter prescribed for engaging in same without first registering and paying the tax, and shall have the power, in addition thereto, to enforce the collection of same by execution as in the previous paragraph provided. (c) Said town shall have the power to require each male resident living within the present or future corporate limits of the town, between the ages of twenty-one (21) and fifty (50), inclusive, to work upon the streets of said city, as the mayor and council may direct, for as many as six (6) days in each year, or in lieu of said work to pay a street or commutation tax not to exceed two dollars and fifty cents ($2.50) annually, and further to provide for the collection of said tax by an execution for city taxes; and to provide for the punishment in the city police court, of such residents who have failed or refused to pay the commutation tax when demanded by the person or officer appointed by the mayor and council to make such demand, and who shall, without a good excuse, fail or refuse to appear at the time and appointed place, to work, when summoned or notified by the person or officer whose duty it is to give said summons or notice by the regulations of the mayor and council, or who shall fail or refuse to do faithful work, as ordered by the person or officer in charge of the work, when such residents have appeared. Taxation, rates, procedure, etc. 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. Author's Affidavit. State of Georgia, Jefferson County. Personally appeared before the undersigned attesting officer, J. Roy McCracken, who, after being duly sworn, on oath, says that he is the duly elected Representative of Jefferson County, Georgia, in the General Assembly of Georgia for the term of 1949-50 and that he is the author of the attached bill amending the charter of the Town of Bartow and that prior to the introduction of said bill in the General Assembly of Georgia that notice of intention to apply for the passage of said local bill, a copy thereof as printed being hereto attached, was duly published in the News and Farmer, the official organ of Jefferson

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County, Georgia, on December 22, 1949, January 5, 1950 and January 12, 1950, as provided by law. (s) J. Roy McCracken Sworn to and subscribed before me, this the 30th day of January, 1950. (s) Walter C. Adkins, Notary Public, State at Large, Georgia. My commission expires 3/28/53. Notice. Notice is hereby given that a local bill will be introduced in the legislature during the coming session to be held in January, 1950, to amend the charter of the City of Bartow, Georgia, by providing that the ad valorem tax rate shall not exceed fifteen mills. This December 20th, 1949. J. Roy McCracken, Representative, Jefferson County. Approved February 17, 1950. PELHAM RECORDER'S COURT. No. 829 (House Bill No. 1023). An Act to amend the charter of the City of Pelham, Georgia, to authorize the mayor and council of said city to create the office of recorder for said City of Pelham; to provide the manner of electing said recorder, and fixing the salary of said recorder; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, that the Mayor and Council of the City of Pelham shall have the right at any time in their discretion to create and establish the office of recorder of the City of Pelham, whose duty it shall be to preside over the police court of said City of Pelham, and said recorder is hereby vested with all the powers and authority heretofore conferred

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on the mayor of said City of Pelham in the charter thereof, in so far as said powers and authority pertain to holding courts to try offenders and violators of the ordinances of said City of Pelham, to impose sentences against any person adjudged guilty of a violation of any ordinance of said City of Pelham, to subpoena witnesses, issue warrants, adjudge persons in contempt of court, commit persons to State courts and generally to do any and all things and acts now or heretofore conferred on the mayor of said City of Pelham so far as holding court and disposing of any and all criminal cases is concerned. There may be an appeal from the recorder's judgment to the council and judgment therein may be reviewed by certiorari to the Superior Court of Mitchell County. Provided, that in the absence of said recorder, or his inability or disqualification to preside, then the mayor, or in his absence, inability or disqualification, the mayor pro tem., and in his absence and in the absence of all three of the above named, any one or more members of the council of said City of Pelham shall hold police court. Recorder. Jurisdiction. Certiorari. Section 2. Be it further enacted, that said recorder shall be elected by the mayor and council of the said City of Pelham, under the same rules and regulations and for the same term as provided for other subordinate officers of the City of Pelham. The said mayor and council of said City of Pelham shall have the right to elect as city recorder any citizen of said city eligible to hold the office of mayor or councilman of said city. Before entering upon his duties he shall take the same oath as prescribed for mayor and councilmen. The salary of said recorder shall be paid from the treasury of the City of Pelham, but said salary shall at no time exceed the sum of $100.00 per month, the amount to be fixed by the mayor and council. Election. Salary. Section 3. Be it further enacted that the Mayor and Council of the City of Pelham shall have the right to abolish the office of city recorder, and in the event said office of said city recorder is established and thereafter abolished then and in that event the said police court of said City of Pelham shall be presided over by the said mayor, and in his absence or disqualification, by the mayor pro tempore, and in the absence or disqualification of both, by any one or more members of the council of said City of Pelham. When mayor or councilman may preside in police court.

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Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Section 5. Evidence that said bill has been properly advertised in accordance with the Constitution of the State of Georgia is attached hereto and by reference expressly made a part hereof. Georgia, Mitchell County. I, Clare Culpepper, do hereby certify that I am publisher and associate editor of the Camilla Enterprise, a newspaper in which the sheriff's advertisements for Mitchell County, Georgia, are published, and I further certify that the attached copy of notice of intention to apply for the passage of a local bill, amending the charter of the City of Pelham, in the County of Mitchell and State of Georgia, was published in said newspaper in the following issues, to wit: January 13, 1950; January 20, 1950; and January 27, 1950. This January 28, 1950. (s) Clare Culpepper Notice of Intention to Apply for Local Legislation, City of Pelham, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1950, for the passage of a bill amending the charter of the City of Pelham, Georgia to authorize the mayor and council of said city, to create the office of recorder for said City of Pelham; to provide the manner of electing said recorder, and fixing the salary of said recorder; and for other purposes. This January 9, 1950. F. B. Hand. Approved February 17, 1950. MURRAY COMMISSIONERS CLERK'S SALARY. No. 831 (House Bill No. 1031). An Act to amend the Act creating the Board of Roads and Revenues of Murray County, approved March 20, 1939 (Georgia

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Laws 1939, pages 691), so as to increase the salary of the clerk of said board from twenty ($20.00) dollars per month to one hundred ($100.00) dollars per month; to provide for a referendum; 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 an Act creating the Board of Roads and Revenues of Murray County, Georgia, approved March 20, 1939 (Georgia Laws 1939, page 691), is hereby amended by striking from lines four and five of Section 8 thereof the words and figure, twenty ($20.00) dollars, and substituting in lieu thereof the words and figure, one hundred ($100.00) dollars, so that said Section 8, when so amended, shall read as follows: Sec. 8, Act of 1939, amended. Section 8. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same that the Ordinary of Murray County shall be the clerk of said board of roads and revenues at a salary of one hundred ($100.00) dollars per month. It shall be the duty of said clerk to attend all meetings of the board and to keep in well bound books, to be provided by the board at the expense of the county, full and accurate records and minutes of all proceedings and transactions of said board, and a book showing itemized accounts of all receipts and disbursements, to file in order of their dates all original bills and statements and claims rendered against the county, showing the approval for payment by the board of roads and revenues, and to arrange and file any orders, petitions, applications, and other papers addressed to and belonging to the board, and to issue and sign as clerk all checks or warrants against the county funds and in the depository of county funds, in payment of approved bills and statements of monies due by said county, and all checks or warrants so issued and signed must be countersigned by the chairman of said board, which checks or warrants shall be numbered and stubbed and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, letters and documents showing the disbursement of any funds and the various transactions of the board shall be kept by the clerk of said board in the office of said clerk at the courthouse in Murray County, and be subject to examination and inspection by any taxpayer at any time. Clerk's salary. Duties.

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Section 2. That not less than thirty days and not more than one year after the passage and approval of this Act, the Ordinary of Murray County shall call a special election, which election may be set on any date which is the same for any other election held in said county for other purposes. The expense of said election shall be paid by Murray County. At such election there shall be submitted to the qualified voters of Murray County the question of ratification or rejection of this Act. Those persons desiring to vote for the ratification of this Act shall have printed on their ballots the following: For increasing the salary of the clerk of the Board of Roads and Revenues of Murray County to one hundred ($100.00) dollars per month. Those persons desiring to vote against the ratification of this Act shall have printed on their ballots the following: Against increasing the salary of the clerk of the Board of Roads and Revenues of Murray County to one hundred ($100.00) dollars per month. The returns of said election shall be certified to the Ordinary of Murray County three days after said election, and the ordinary shall canvass said returns, and immediately after so doing shall declare the results of said election. If a majority of those voting at said election vote for increasing the salary of the said clerk, then immediately upon the ordinary's so declaring, this Act shall thereupon be ratified by the voters of Murray County, and shall immediately become effective according to the provisions thereof. If a majority of those voting at said election vote against increasing the salary of said clerk, then this Act shall be null and void and of no effect. Referendum. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Georgia, Murray County. Personally appeared before the undersigned, an officer authorized to administer oaths, Roy McGinty, Jr., who, on oath, says that he is publisher of the Chatsworth Times, a newspaper published at Chatsworth, Murray County, Georgia; that the sheriff's advertisements for said county are published in said paper; and that the notice of local legislation to raise the salary of the ordinary, ex-officio clerk of the county commissioner of roads and revenues, a copy of which notice is hereto attached, was published

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in said Chatsworth Times in the issues of January 12, 19, and 26, 1950. (s) Roy McGinty, Jr. Sworn to and subscribed before me this 30th day of January, 1950. (s) F. R. Kendrick Clerk Superior Court, Murray County, Georgia. Notice of Local Legislation. Georgia, Murray County. The two last grand juries of Murray county having so recommended, I will introduce the following local bill in the legislature: Bill to increase the salary of ordinary, ex-officio clerk of county commissioner of roads and revenues, from $20 per month to $100 per month with referendum. Respectfully, Chas. A. Pannell, Representative, Murray County, Ga. Approved February 17, 1950. HALL COUNTY ELECTION PRECINCTS. No. 833 (House Bill No. 1038). An Act to amend (Georgia Laws 1949, page 788) being an Act entitled an Act to authorize additional election precincts in a single militia district of Hall County; to require the previous recommendation of the grand jury of said county before such additional precinct is established; to provide for the division of a militia district into precinct areas where such additional election precinct is authorized; to require voters residing in such areas so established; to provide that all other laws relating to the conduct of elections in militia districts where such precinct areas are located shall apply to elections therein; to repeal conflicting laws; and for other purposes.

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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: 1. That Section 1 of the above entitled Act be amended by adding immediately after the words where such elector resides and not elsewhere on line five (5) of said Act the words unless said elector shall select and designate a different ward or precinct area, so that Section 1 shall read as follows: Sec. 1, Act of 1949, amended. In Hall County any elector qualified to vote at any election by the people shall be required to vote at and his name shall appear only on the list of registered voters for the voting precinct of the militia district, ward or precinct area where such elector resides, and not elsewhere, unless said elector shall select and designate a different ward or precinct area, except that if for any reason a voting precinct or box is not established and opened for a militia district, city ward or precinct area, then the precinct file for such militia district, city ward or precinct area for which a voting precinct or box is not opened shall be delivered by the county registrar to either the managers of an adjoining militia district, city ward or precinct area, or to the managers of the precinct area or box located at the county courthouse, and electors shall be permitted to vote at the militia district, city ward or precinct area to which such precinct file is sent. Voting precincts. The Gainesville News Gainesville, Georgia. Georgia, Hall County. Personally appeared before the undersigned, an attesting officer authorized to administer oaths in Georgia, Chas. L. Hardy who on oath says that he is the editor of the Gainesville News, the official organ of Hall County, Georgia, and that the following notice of local legislation was published in said Gainesville News on Dec. 22-29, 1949 and January 5-12, 1950, and that the attached clipping was taken from the January 12, 1950, publication of said newspaper. Legal Notice. Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that it is the intention of the undersigned

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to introduce a bill in the next session of the General Assembly of Georgia to amend an Act entitled: An Act to authorize additional precincts in a single militia district of Hall County; to require the previous recommendation of the grand jury of said county before such additional precinct is established; to provide for the division of a militia distrct into precinct areas where such additional election precinct is authorized; to require voters residing in such areas to vote in the precinct areas so established; to provide that all other laws relating to the conduct of elections in militia districts where such precinct areas are located shall apply therein; to repeal conflicting laws; and for other purposes so that a voter residing in an authorized precinct area may select a precinct area other than that of his residence in which he wishes to cast his ballot; and for other purposes. Hammond Johnson, Jr., Representative, Hall County, Ga. (4cD22, 29, J5). This 21st day of January 1950. (s) Chas. L. Hardy, Editor and Publisher, Gainesville News, Official Organ of Hall County, Ga. Sworn to and subscribed before me this day of January, 1950. N. P. Approved February 17, 1950. McDONOUGH CORPORATE LIMITS EXTENDED. No. 834 (House Bill No. 1043). An Act to amend an Act known as Amending Charter of McDonough, approved October 12, 1885 (Georgia Laws 1884-85, page 417), and Acts amendatory thereof, by amending the charter of the Town of McDonough, now the City of McDonough, in the County of Henry, to extend the corporate limits of the said City of McDonough; 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 an Act entitled, An Act to amend the charter of the Town of McDonough in the County of Henry, to reduce the corporate limits of said town, and for other purposes, approved October 12, 1885 (Georgia Laws 1884-85, page 417) be and the same is hereby amended by striking therefrom Section 1, which section relates to the territory included, and by substituting in lieu thereof the following: Sec. 1, Act of 1884-85, amended. Section 1. That the corporate limits of the City of McDonough, in the County of Henry, shall extend three-fourth (3/4) of a mile in every direction, from the center of the public square, except where the corporate limits of said city intersects Cemetery Street on the south side, and from that point said limits shall extend south along said Cemetery Street to the southeast corner of the old White Cemetery, then southerly along the east side of the Colored Cemetery to the southeast corner of said cemetery; thence westerly to the southeast corner of said Colored Cemetery; thence northerly to a point 462 feet south of the northwest corner of the Colored Cemetery; thence West to the Western boundary of the right of way of the Southern Railway Company, thence northerly along said western boundary line to where said line intersects the corporate limits of said city. Corporate limits. Section 1 (a) The question of whether this Act shall become effective shall be submitted to the people affected by this Act. Within 20 days after the passage of this Act it shall be the duty of the Ordinary of Henry County to issue a call for an election by the people in the new territory sought to be included within the corporate limits of the City of McDonough, said election to be held in not less than 20 nor more than 30 days after the issuance of the call. The ballots shall have printed thereon the words, For extending the corporate limits of the City of McDonough, as stated in House Bill No. 1043, and, Against extending the corporate limits of the City of McDonough, as stated in House Bill No. 1043. If a majority of the voters voting in said election vote for extending the corporate limits of the City of McDonough, the ordinary shall so certify, and within 20 days shall issue a call for an election by the people in the present corporate limits of the City

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of McDonough, said election to be held in not less than 20 nor more than 30 days after the issuance of the call. The ballots shall be printed as hereinbefore stated. If a majority of the voters voting in said election vote for extending the corporate limits of the City of McDonough, the ordinary shall so certify, and the corporate limits shall be extended accordingly. If a majority of the voters voting in either election vote against extending the corporate limits of the City of McDonough, the ordinary shall so certify, and the corporate limits shall not be extended. Section 2. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Section 3. Notice of intention to apply for passage of this bill and affidavit of publication as required by the Constitution of Georgia is hereto attached and expressly made a part hereof. Notice of Intention to Apply for Passage of an Act Entitled: An Act to amend an Act known as `Amending Charter of McDonough,' approved October 12, 1885 (Georgia Laws 1884-85, page 417), and Acts amendatory thereof, by amending the charter of the Town of McDonough, now the City of McDonough, in the County of Henry, to extend the corporate limits of the said City of McDonough; to repeal all conflicting laws; and for other purposes. Georgia, Fulton County: Personally appeared before the undersigned officer, Edward E. McGarity, Representative from Henry County, who on oath says that the above notice was published for three consecutive weeks within the last sixty days in the Weekly Advertiser, the official newspaper organ of Henry County. (s) Edward E. McGarity Sworn to and subscribed before me, this 31st day of January, 1950. (s) Betty Balkcom Notary Public, Fulton County, Ga. (Seal) My commission expires Sept. 27, 1953.

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Notice of Local Legislation. Georgia, Henry County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, to be held in January, 1950, next, for the passage of the following bill, to wit: An Act to amend an Act approved October 12, 1885, and Acts amendatory thereof, amending the charter of the Town of McDonough, now City of McDonough, in the County of Henry; to extend the corporate limits of said City of McDonough; and for other purposes. Said bill to ask that the charter of the City of McDonough be amended by striking therefrom the entire section regarding territory included, and by substituting in lieu thereof the following, to wit: That the corporate limits of the City of McDonough, in the County of Henry, shall extend three-fourths (3/4) of a mile in every direction, from the center of the public square, except where the corporate limits of said city intersects Cemetery Street on the south side, and from that point said limits shall extend south along said Cemetery Street to the southeast corner of the old White Cemetery, thence west to the northwest corner of the Colored Cemetery, thence south 462 feet, thence west to the western boundary of the right of way of the Southern Railway Company, thence northerly along said western boundary line to where said line intersects the corporate limits of said city. Approved February 17, 1950. UPSON COUNTY COMMISSIONERS' SALARIES. No. 835 (House Bill No. 1053). An Act to increase the compensation of the chairman of the Board of Commissioners of Roads and Revenues of Upson County; to increase the compensation of the other members of the said board; to provide that all members of said board shall be required to give bond; 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 the chairman of the Board of Commissioners of Roads and Revenues of Upson County shall receive as compensation, the sum of $2400.00 per annum to be payable monthly. Chairman's salary. Section 2. That from and after the passage of this Act the members of the Board of Commissioners of Roads and Revenues of Upson County, other than the chairman of said board, shall receive as compensation, the sum of $1200.00 per annum to be payable monthly. Members' salary. Section 3. That from and after the passage of this Act all members of the Board of Commissioners of Roads and Revenues of Upson County shall give bond in the sum of $10,000.00 payable to the Ordinary of Upson County conditioned for the faithful performance of their duties as such commissioners, which bonds shall be filed, approved and recorded by said ordinary in his office. Bonds. Section 4. This bill shall be effective, as of the date of its passage and approval as required by law. Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Affidavit. This is to certify that Leon Smith, managing editor of the Thomaston Times, declares on oath that the legal advertisement Notice of Local Legislation calling for an increase in salary for the county commissioner of Upson County, did appear on January 13, 1950, January 20, 1950 and January 27, 1950 in the Thomaston Times which is the official organ for the County of Upson. Sworn to before C. M. Adams, who on oath declares he is a notary public in Upson County, State of Georgia, on this the thirtieth day of January, 1950. (s) Leon Smith, Managing Editor of the Thomaston Times. Witness: (Seal) (s) C. M. Adams, Notary Public, Upson County, Georgia. My commission expires Jan. 11, 1951.

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Notice of Local Legislation. Notice is hereby given as required by law that there will be introduced in the next General Assembly of Georgia and offered for passage a bill to be entitled An Act to increase the compensation of the chairman of the Board of Commissioners of Roads and Revenues of Upson County; to increase the compensation of the other members of the said board; to provide that all members of said board shall be required to give bond; 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 chairman of the Board of Commissioners of Roads and Revenues of Upson County shall receive as compensation, the sum of $2,400.00 per annum to be payable monthly. Section 2. That from and after the passage of this Act the members of the Board of Commissioners of Roads and Revenues of Upson County, other than the chairman of said board, shall receive as compensation, the sum of $1,200.00 per annum to be payable monthly. Section 3. That from and after the passage of this Act all members of the Board of Commissioners of Roads and Revenues of Upson County shall give bond in the sum of $10,000.00 payable to the Ordinary of Upson County conditioned for the faithful performance of their duties as such commissioners which bonds shall be filed approved and recorded by said ordinary in his office. Section 4. This bill shall be effective, as of the date of its passage and approval as required by law. Section 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. R. A. Freeman, H. Doyal Salter, Representatives of Upson County, Georgia. Approved February 17, 1950.

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CAIRO CITY COURT AMENDMENTS. No. 836 (House Bill No. 1059). An Act to amend an Act entitled, An Act to establish the City Court of Cairo, in and for the County of Grady; to define its jurisdiction and powers; to provide for the election of a judge and solicitor thereof; also other officers thereof; to provide for their compansation, powers and duties; and for other purposes, approved August 8, 1906, and all Acts amendatory thereof; so as to fix the salary of the solicitor and clerk of said City Court of Cairo and to fix the fees of the sheriff of said City Court of Cairo; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that Section 8 of an Act creating the City Court of Cairo, approved August 8, 1906, as amended, be and the same is hereby amended by adding thereto the following: But after the expiration of the present term of the solicitor of said court, such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of $150.00 per month, the same to be paid out of the county treasury; and said solicitor shall receive no further compensation for services rendered in said city court, so that when amended the same shall read as follows: Sec. 8, Act of 1906, amended. Section 8. Be it further enacted that the solicitor of the City Court of Cairo shall receive the same fees as are now allowed by law to solicitors-general of this State for similar services in the superior courts of this State, provided said solicitor shall have the same fees for drawing the accusation hereinafter provided for as are allowed by law to solicitors-general in the superior courts for drawing bill of indictment. But, after the expiration of the present term of the solicitor of said court, such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of $150.00 per month, the same to be paid out of the county treasury, and said solicitor shall receive no further compensation for services rendered in said city court. Solicitors' compensation. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

Page 2832

same, that Section Eleven (11) of an Act creating the City Court of Cairo, approved August 8, 1906, as amended, be amended by adding thereto the following: But after the expiration of the present terms of the clerk and sheriff of said court, such fees shall be paid into the county treasury, and in lieu thereof the clerk shall receive the sum of $150.00 per month, the same to be paid out of the county treasury, and shall receive no further compensation for services rendered in criminal cases in said court, but for services in cases appealed to the Court of Appeals or superior court shall receive like fees as paid the clerk of the superior courts for like services; and the sheriff after the expiration of the present term of the sheriff of said court shall, in lieu of said fees, receive for each criminal case tried or disposed of by plea in said court the sum of 35% of all fines and forfeitures collected as full compensation for his services as sheriff in said court, so that when amended the same shall read as follows: Sec. 11 amended. Section 11. Be it further enacted, that the clerk and sheriff shall receive the same fees for similar services as are now allowed, or may hereafter be allowed, by law to said officers in the superior court, except that in criminal cases tried on accusation the clerk shall receive six dollars, exclusive of fees for issuing subpoenas and for their attendance at the regular term of said city court; shall receive a per diem of ten dollars each, and the sheriff shall receive a fee of ten dollars only for summoning each jury for said court. But after the expiration of the present terms of the clerk and sheriff of said court, such fees shall be paid into the county treasury, and in lieu thereof the clerk shall receive the sum of $150.00 per month, the same to be paid out of the county treasury, and shall receive no further compensation for services rendered in criminal cases in said court, but for services in cases appealed to the Court of Appeals or Supreme Court, shall receive like fees as paid the clerk of the superior courts for like services; and the sheriff, after the expiration of the present term of the sheriff of said court, shall receive the same fees in said court as he would be entitled to in the superior court. Compensation of clerk and sheriff. Section 3. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same, that an Act creating the City Court of Cairo, approved August 8, 1906, as amended, be amended by adding thereto the following to be known as Section Ia, to wit:

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Ia. Be it further enacted by the authority aforesaid, that all fines and forfeitures arising from criminal cases tried in said court, except the proportion due the solicitor after the expiration of the term of the present solicitor which are to be paid into the county treasury as provided for by Section 8, as amended herein, shall be subject to the payment of the fees of the clerk and sheriff of said court. After the expiration of the present terms of the present clerk and sheriff of said court, all of said fines and forfeitures, after payment of sheriff fees provided for in Section Eleven (11), as amended herein shall be turned into the treasury. Fines and forfeitures. Certificate of Publication of Notice to Apply for Local Legislation. Georgia, Grady County: I, H. H. Wind, do hereby certify that I am the editor and published of the Cairo Messenger, a newspaper in which the sheriff's advertisements for Grady County, Georgia, are published: I do further certify that the following notice of local legislation, to wit: Georgia, Grady County: To whom it may concern: You are hereby notified that the undersigned intends to introduce in the 1950 session of the General Assembly of the State of Georgia a local or special bill entitled: An Act to amend an Act entitled, `An Act to establish the City Court of Cairo, in and for the County of Grady; to define its jurisdiction and powers; to provide for the election of a judge and solicitor thereof, also other officers thereof; to provide for their compensation, powers and duties, and for other purposes,' approved August 8, 1906, and all Acts amendatory thereof; so as to fix the salary for the Solicitor and Clerk of said City Court of Cairo and to fix the fees for the Sheriff of said City Court of Cairo, and for other purposes. This the 29th day of November, 1949. P. M. Baggett, Representative, Grady County, Georgia. 12-2-3t.

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was published in said Cairo Messenger in the issues thereof published on December 2nd, 9th and 16th, 1949. H. H. Wind. Sworn to and subscribed before me on this 30th day of January, 1950. (Seal) Nell H. Bearden, Notary Public, Grady County, Georgia. is hereby incorporated in and made a part of this Act. Section 3. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of same that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 17, 1950. ADEL NEW CHARTER. No. 837 (House Bill No. 1061). An Act to incorporate the City of Adel; to include in said incorporation certain portions of the territory now included in the corporate limits of the Town of Sparks and the territory now included within the corporate limits of the City of Adel; to define the rights and powers of the municipality; to define the corporate limits 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 inhabitants of the territory hereinafter described, all of which is located in Cook County, State of Georgia, be and are hereby incorporated under the name and style of City of Adel, a body politic and corporate, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations in the State of Georgia, and all rights, powers, titles, property, tax claims, liens and executions, easements and hereditaments, within or without its corporate limits, now belonging to the Town of Sparks, and City of Adel, shall be and are hereby

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vested in the said City of Adel, as created by this Act, and the said City of Adel, 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 council such ordinances, bylaws, regulations and resolutions for the transaction of its business and the welfare and proper government 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 Adel 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 said City of Adel shall have the right to rent, lease or operate any and all public buildings for any purpose whatever; 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 herein empowered to bind said city to carry out the same. Said City of Adel, 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 Adel and Town of Sparks, and title to all property, real, personal, money and choses in action belonging to the City of Adel and Town of Sparks shall vest in the City of Adel as herein created. Incorporation. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Adel, are hereby declared to be as follows: Beginning at a point in the center of the tracts of the Georgia Southern Florida Railway where they cross the drain of the originally known Giddens Pond, following this drain to the center of the run of Bear Creek, thence following the center of the run of Bear Creek in a southerly direction to the Sparks and Barnesdale road, thence easterly along this road to its junction with the Sparks and Enigma public road, thence south along this Sparks and Enigma road to the right of way of the Georgia Florida Railroad, thence in an easterly direction along said

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right of way to a point twelve hundred and thirty (1230) feet, more or less, thence in a southerly direction across the right of way of the Georgia and Florida Railroad in a direct line through the center of an alley separating the lands of W. W. Branch and George Rentz to the center of the run of Bear Creek, thence following the center of Bear Creek in a southerly direction to the point where the lands of C. C. Giddens, Jr. and P. M. Parrish join, thence in a westerly direction on the line separating the lands of C. C. Giddens, Jr. and P. M. Parrish and the lands of D. E. Jackson and P. M. Parrish continuing in direct line across the right of way of the Georgia Southern Florida Railway to the lands of D. E. Jackson, thence in a northerly direction on the line separating the lands of D. E. Jackson and the right of way of the Georgia Southern Florida Railway to the southern boundary line of the corporate limits of the present City of Adel, thence in a westerly direction along the boundary limit line of the present City of Adel to the southwest corner of said boundary limits and continuing in a direct line a distance of six hundred and fifty (650) feet, which is to be the southwest corner of these boundary limits, thence in a northerly direction six hundred and fifty (650) feet from and parallel to the present western boundary limit line to the City of Adel, to a point twenty-five (25) feet north of the center of the Adel and Moultrie highway, thence at right angle in an easterly direction six hundred and fifty (650) feet to the boundary limit of the present City of Adel, thence in a northerly direction along the boundary limit line of the present City of Adel to the northwest corner of said limits, thence in an easterly direction along the boundary line of the present limits of the City of Adel to a point on said line two hundred (200) feet east of a continuation of the land line separating the lands of D. U. Carter and F. W. Mitchell, thence at right angle in a northerly direction to a run of Mill Creek, thence in a northwesterly direction to a point one thousand (1,000) feet south of the southeast corner of a negro cemetery, thence in a northerly direction, in direct line with and along the east side of an alley or roadway that runs directly west of the home of H. H. Davis, to the high water mark of Giddens Pond, thence in an easterly direction following the high water mark of said pond to U. S. Highway No. 41, thence north along said highway to the drain of Giddens Pond and thence east on said drain to point of beginning. Corporate limits.

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Section 3. Be it further enacted by the authority aforesaid, that the territory within the limits of the City of Adel shall be divided into seven wards, the boundary lines of said wards to be established by the mayor and council of said city, so as to include within each ward approximately one-seventh of the total population of said city; that the mayor and council shall be empowered to change, re-locate and establish ward boundary lines once in any one year with respect to change in population, provided changes in boundary lines of such wards are made and advertised in each of the local newspapers within the city, two weeks prior to the effective date and that effective date of such changes shall be thirty days prior to the date of the annual election of officers of said city. Wards. Section 4. Be it further enacted by the authority aforesaid, that the governing and legislative authority of said City of Adel shall be vested in a mayor and council of seven members, all of whom shall have attained the age of twenty-one years and shall have been residents and freeholders for at least two years preceding their election. The mayor shall be elected from the city at large. Members of the council shall be elected, one from each of the seven wards by the voters of the city at large and the candidate receiving the highest number of votes shall be declared elected. The terms of office of the mayor and members of the council shall be for a period of one year, or until their successors have been elected and have qualified. In the event of vacancies of the mayor and council, or the council, shall call a special election within thirty days to fill the vacancy. The voters list used in the next preceding election shall be used in special elections. Mayor and council. Qualifications. Vacancies. Section 5. Be it further enacted by the authority aforesaid, that an election be held within the territory embraced in this charter on the second Tuesday in December 1950, to elect said mayor and council, to hold office as aforesaid and to assume office on January 1, 1951; that annually thereafter on the second Tuesday in December, the regular election shall be held for the election of a mayor and the council for the term of one year, commencing on January 1, following. Their election. Section 6. Be it further enacted by the authority aforesaid, that upon the approval of this Act and its approval by the referendum

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hereinafter provided, the following citizens within the territory embraced, now serving as officials of the Town of Sparks and the City of Adel, namely; P. N. Whitehurst, C. W. Sumner, George Brice, H. F. Parrish, Sankey Tyson, Robert Griffin, C. G. Bloser, L. W. DeVane, Paul Shepard, W. G. Talley, J. B. Oliphant, Clyde Crowe and J. W. Lipsey, be and they are hereby designated as the governing and legislative body of the City of Adel, until their successors have been elected and have qualified as hereinafter provided, and they shall on the day following the referendum, provided the referendum approves this Act, meet in the city hall in Adel, at ten o'clock and shall elect from among their number a mayor, a mayor pro tem. and a recorder or recorders; employ a secretary and treasurer, such peace officers as are needed and such other personnel as are necessary; they shall also define and establish ward lines, as hereinbefore provided and advertise the same for two weeks in the local newspapers; they shall define the qualifications and provide for the registration of the voters of the city, allowing thirty days for such registration and shall call an election to be held not earlier than ten days after the close of the registration lists, nor later than fifteen days after the close of the registration, for the purpose of electing a mayor and council, as hereinbefore provided and under same conditions as the regular or annual elections are to be held; the mayor and council elected at this special election shall qualify by taking an oath as hereinafter provided and take office within five days after their election, and they shall continue in office until January 1st, 1951, or until their successors have been elected and qualified. Organizational meeting. Section 7. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Adel, shall and they are hereby empowered by ordinance to provide for the qualifications and registration of voters, and the method of holding elections, including the designation of officials and managers to hold said election, and the places in said municipality, at which the voters shall cast their ballots. Election regulations. Section 8. Be it further enacted by the authority aforesaid, that the Mayor and Council of said City of Adel, shall divide the territory embraced within the corporate limits into two (2) separate areas, and provide for a recorder's court in each area. The recorder or recorders shall be elected by the mayor and council

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each year, at a time designated by said mayor and council, and shall hold office at the pleasure of the mayor and council. Said recorders shall hold recorder's courts for the purpose of trying offenders against the laws and ordinances of said city; and may exercise punishment for a violation of the law or ordinances of said city by fine not exceeding $300.00; imprisonment in the city jail, or the county jail by permission of the county authorities, not exceeding sixty (60) days; work on the streets or other public works under the supervision of the chief of police, or other officials appointed by the governing authority of said municipality for a period of time not exceeding sixty (60) days; one or more of all of these shall be at the discretion of such recorder. While sitting as a court for the trial of offenders, aforesaid, the recorders shall have the power to punish for contempt by a fine not exceeding $100.00, or by imprisonment not exceeding twenty (20) daysone or both. In the event of the disqualification, absence, or sickness of a recorder, the mayor of said municipality may hold said recorder's court in lieu of said recorder. In case of the disqualification, absence, or sickness of the mayor the mayor pro tem. or any member of the city council may hold said court, each of said officials exercising all the powers herein above conferred upon said recorder. There may be an appeal in any case from the recorder's court to the council of said municipality. All fines may be collected by execution issued by the secretary and treasurer of the City of Adel, and levied as other executions. The council of the City of Adel, may designate the mayor or anyone or any member of said council as such recorder, and shall fix the salary to be paid to such recorder. Recorders. Section 9. Be it further enacted by the authority aforesaid that the mayor and council of said municipality shall each year on a date designated by them, elect a secretary and treasurer of said City of Adel, who shall hold said office for one (1) year and until a successor is elected and qualified, at the pleasure of said mayor and council. Said salary of such secretary and treasurer to be fixed by said mayor and council. Said secretary and treasurer shall give a suitable bond in a sum fixed by said mayor and council, conditioned upon the performance of the duties of such official, and shall take an oath provided by ordinance before entering upon the duties of such office. Said secretary and treasurer shall collect, deposit and disburse under direction of the

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mayor and council, all funds of said municipality, except as otherwise designated herein, shall keep the records of the City of Adel, shall keep the minutes of the mayor and council of said municipality, and shall perform such other duties as may be provided by the mayor and council by ordinance. Secretary and treasurer. Section 10. Be it further enacted by the authority, aforesaid, that the mayor and council of the City of Adel, have the power to elect at any time designated by them, a chief of police, and any other subordinate officers and other employees for said City of Adel, all such officers and employees to hold their offices at the will of the council, and receive such salary as may be fixed by the council. Other officers. Section 11. But it further enacted by the authority aforesaid, that the mayor, councilmen, recorders and other officers of the City of Adel shall subscribe to the following oath, upon assuming their duties; I do solemnly swear that I will well and truly demean myself as an official of the City of Adel and will faithfully perform all of the duties as is incumbent upon me, to the best of my skill and ability, so help me God. Oath of officers. Section 12. Be it further enacted by the authority aforesaid, that the mayor and council shall be vested with full legislative power in the adoption of the ordinances and resolutions; shall have the power to provide for tax assessors in a number to be designated by them; shall have the power to levy taxes on both personal and real property within the corporate limits of said municipality, and provide the time and manner of the payment of same; shall fix occupational and business licenses for the said municipality, and provide for the payment of same; shall designate streets and highways to be paved within said municipality as elsewhere specified herein; shall have the power to direct any extensions or improvements of sewerage and water systems; shall have the power to enact any ordinances deemed advisable for the preservation of the health, general welfare and safety of the inhabitants of said municipality, fixing penalties for the violation of same, and manner of collecting the said penalties; to condemn and appropriate, in a manner to be prescribed by the ordinance of said municipality, private property for public use; to lay off and open new streets, alleys, lanes, or other ways for the convenience of the public; to vacate, alter, widen, curb, pave and keep in good order and repair all

Page 2841

streets, avenues, alleys, lanes, sidewalks or other ways, drains, sewers and gutters for public or private use; to improve and light the streets, public parks and grounds; to furnish water and lights for private use, electric current for private use, and to charge for furnishing such water, lights or electric current; to keep all public grounds, streets, sidewalks, avenues, alleys, lanes or other ways free from obstruction of any kind; to regulate the width of cross walks and sidewalks on the streets; to grade and change the grade of any and all streets, sidewalks, cross walks, avenues, alleys, lanes or other ways without any liability for damage therefor; to require adjacent land owners to curb, pave and improve sidewalks at their own expense, under discretion of the authorities of said city, and upon a failure of the land owners to do so, the authorities of said city may have such work done and collect the costs thereof from said adjacent landowners by execution as other taxes are collected; to establish fire limits for said city, and change same from time to time; to regulate the material and manner of erecting buildings in said municipality; to divide said municipality into zones, restricting the purposes for which property within said zones may be used; to authorize and contract for the paving of any sidewalks, streets, or alleys within said municipality, provide for drains or gutters, and to assess the cost of such improvements, or any portion thereof, against adjoining land owners in the manner hereinafter set forth in this charter. General powers of city. Section 13. Be it further enacted by the authority aforesaid, that the recorders and mayor of said city shall be ex-officio justicies of the peace, as far as to authorize them to administer oaths, attest deeds, mortgages, or any other instrument or paper which a justice of the peace is authorized to attest; to issue warrants for any offenses committed within the corporate limits of said city, and when the offense is against laws of the State, said recorder or mayor may hear evidence and commit to jail or take bond for appearance for the State court having jurisdiction of the offense, the same as a justice of the peace could do. The recorders, mayor, and/or secretary and treasurer of said municipality shall have the power and authority to subpoena witnesses to attend the recorder's court herein before provided under the same rules and regulations that govern the superior courts of this State, and said recorder and mayor shall have the power to compel the attendance of such witnesses and to punish

Page 2842

any witness who has been subpoenaed and failed to attend, under the provisions for contempts already provided for in this charter. Recorders and mayor as justices of the peace. Section 14. Be it further enacted by the authority aforesaid, that the bonds issued by the Town of Sparks and City of Adel, now outstanding and unpaid, together with the interest thereon, shall remain a lien upon the property upon which they were issued by the respective municipality and the payment of which is to be made from funds derived from the levy and collection of an ad valorem tax upon said property; that a bond commission be and the same is hereby created for the purpose of handling only the bonds issued unpaid and outstanding of the Town of Sparks and the City of Adel on effective date of this Act, and the following citizens to be members thereof: P. N. Whitehurst, H. J. Hall and Paul Shepard. Should a vacancy occur in said commission, the mayor and council shall immediately name some upright, discreet business man to fill the vacancy; upon the referendum approval of this Act, the said commissioners shall meet, elect from their number, a chairman and a clerk; they shall immediately ascertain the number, denomination, amount, date of issue, date of maturity, interest rate and the present owner of said outstanding bonds; said bond commissioner shall by proper resolution as soon as said commission is organized, recommend a sufficient ad valorem tax rate for year 1950 and in each subsequent year after digest has been completed to be levied by the Mayor and Council of the City of Adel against all the property in the territorial limits as the same existed at the time the particular bonds were issued. It shall be the duty of the Mayor and Council of the City of Adel to make such levy and collect said tax necessary to retire said bonds, principal and interest, as they mature. For the purpose of levying and collecting said tax the City of Adel shall have and maintain jurisdiction and control of any territory outside of the new municipality of the City of Adel but which was a part of the City of Adel or the Town of Sparks at the time the bonds were issued. Said bond commission shall by proper resolution give direction to the Mayor and Council of the City of Adel for the payment of bonds, principal, and interest, as they mature, and for the purchase of unmatured bonds when funds are in the sinking fund for the purchase of such unmatured bonds. Bonds. Bond commission.

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Section 15. Be it further enacted by the authority aforesaid, that all business, professional or occupational licenses heretofore issued by the Town of Sparks and the City of Adel and of force and effect at the time of the approval of this Act, shall be and they are hereby made licenses of the City of Adel as created by this Act, and shall run to their expiration, with no refund or renewal privilege to the licensee prior to expiration. Licenses. Section 16. Be it further enacted by the authority aforesaid, that the City of Adel, as created by this Act, shall not levy or collect any ad valorem taxes prior to 1951 on any of the property within the corporate limits of the city not heretofore within the corporate limits of the Town of Sparks and the City of Adel; for the year 1950, the said City of Adel shall levy and collect ad valorem taxes upon all property in the territory in said municipality as it existed within the municipalities of the Town of Sparks and City of Adel as of January 1, 1950. Ad valorem taxes for 1950. Section 17. Be it further enacted that the council of said city shall have the authority to provide by ordinance the manner and method by which property owners of said city shall make return of their property for taxation and to provide a penalty for a failure to return same as provided; to appoint three citizens of said city, who are freeholders thereof, as tax assessors of said city, whose duty it shall be to place a just, fair and equitable valuation of the property within the corporate limits of said city, or that is subject to be taxed by said city regardless of its location whether returned for taxation by the owner thereof or not; to equalize and adjust the taxes of all owners of property in said city; the said board of assessors to give any citizen or property owner an opportunity to appear before them and make objections to the valuation placed by them upon any piece of property, and if in the judgment of said assessors, the valuation first fixed be too high, they may change same, but in all cases the decision of the assessors after the property owner has appeared before them, or has had notice to appear before them, shall be final. Publication in any newspaper published in said city ten days before the day fixed for hearing complaints shall be deemed sufficient and legal notice under this section. Tax assessors. Assessments. Section 18. Be it further enacted, that the council of the said city shall have power and authority to provide by ordinance

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when the taxes of said city shall become due, and the mayor, or person acting in his stead, shall have power and authority to issue tax executions for all taxes that have not been paid on or by the day fixed when they shall be paid, which executions shall be directed to the chief of police, and all and singular the marshals of Adel; and when issued shall be placed in the hands of the chief of police, or some marshal of said city, whose duty it shall be to levy the same upon any property, real or personal, within the corporate limits of said city. If the execution be for a sum of less than a hundred dollars, and the property levied upon be personal property the same may be advertised as constables' sales are now advertised, by posting an advertisement in three or more places in said city, one of which shall be at the courthouse door where the mayor holds his courts, if the execution be for a sum greater than a hundred dollars, or the levy be upon real estate, the same shall be advertised by the levying officer under the same terms and under the same regulations and in the same paper that the sheriff's advertisements for the County of Cook are made. The deed of the chief of police or marshal making the sale under the execution by the city authorities shall pass the title of the property sold to the purchaser as completely and absolutely as the deed of the defaulting tax-payer would have done; provided, however, that any person whose property has been sold for taxes shall be allowed to redeem the same by paying the purchaser, at any time within one year from the date of the sale, the full amount of his bid with ten percent premium thereon; that the officer making the levy under executions issued by the authority of said city, shall have full power and authority to take bond for the forthcoming of personal property levied upon by them, payable to themselves, which bond may be sued upon by such officer for the use of the city in any court having jurisdiction of the person and the subject matter of such bond, and the levying officer of such executions shall receive costs for their services as follows: If the execution is less than one hundred dollars, the costs allowed constables shall be received by them; if the execution be greater than one hundred dollars, the costs allowed sheriffs shall be received by them. Tax executions. Levy and sale. Section 19. Be it further enacted that should an affidavit of illegality be filed to an execution issued by the authorities of said city (which may be done under the same rules which prevail

Page 2845

in State courts), or any property levied upon be claimed by a person not a party to the execution, said claim shall be interposed under the same rules, restrictions and regulations that govern claims cases in the courts of the State, and such claims and illegalities shall be returned for trial to the justice court or notary public court that is held in the City of Adel, or the court of Cook County having jurisdiction as the case may be. Claims and illegalities. Section 20. Be it further enacted, that the police officers of said City of Adel shall have the power and authority to enter without warrant and to inspect any place of business or other place in said city where there is reason to suspect spirituous liquors are being kept therein for unlawful purposes, and to seize and hold such articles and things as may be found therein, to be used as evidence for a violation of any ordinances of said city or laws of the State. Spirituous liquors. Section 21. Be it further enacted by the authority aforesaid, that the mayor and council of said municipality shall have power to elect a fire chief and organize a fire department for said municipality; shall provide for the compensation of all officers and employees which the said governing body shall deem necessary for the protection to the inhabitants of said city, and property located therein from fire; shall have the power to restrict building in any locality, define the type of material which may be used for building within said municipality, and to enact any and all other ordinances and create such other departments as may be deemed necessary for the proper protection of said municipality from the hazard of fire. Fire protection. Section 22. Be it further enacted by the authority aforesaid, that the said City of Adel shall have the right, power, and privilege to own, manage, operate, and acquire waterworks, sewerage systems, electric current manufacture and distribution systems, and all other businesses and utilities which serve said municipality. Waterworks, sewerage, other utilities. Section 23. Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places or highways, or any portion thereof, within the corporate limits of the City of Adel, which have been authorized under the laws and ordinances of the city to be paved, macadamized,

Page 2846

curbed, or otherwise improved, and the contract for such improvements has been let, and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by the city incident to such improvements, the Mayor and Council of said City of Adel shall, by written resolution, apportion the cost and expenses of the same, or any percentage of said cost and expenses deemed equitable by the governing body of said municipality, pro rata per front foot to the several tracts, lots or parcels of land abutting upon the area covered by said proposed improvements, and shall then levy assessments against the said abutting property and the owners thereof in accordance with such apportionment and as hereinafter provided, which assessment shall be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding six per cent per annum until paid, said interest payable annually. Street and sidewalk improvements. Section 24. Be it further enacted by the authority aforesaid, that the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, and one installment, together with the yearly interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year until all shall have been paid; provided, nevertheless, that any one or more of the owners of the property assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying the assessment, without interest, and thus relieve this property from the lien of such assessment. Installment payment of assessments. Section 25. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment, coequal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels of tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Section 26. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying said assessments the said mayor and

Page 2847

council shall by written resolution provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessment, and of such denominations as the said mayor and council may determine, which bonds shall in no event become a debt or liability of the City of Adel by reason of its issuing the same for the purpose herein specified. One tenth in amount of any such series of bonds, with interest upon the whole amount of such series up to the first day of January next succeeding the maturity of the installment, as hereinbefore provided, shall be payable on the date; and one tenth in amount of such issue of bonds, together with the annual interest on the whole amount thereof remaining unpaid, shall be payable on the first day of January of each succeeding year until all installments shall have been paid. Such bonds shall bear interest at a rate not to exceed six percent per annum from their date until maturity, payable annually, and shall be designated Street Improvement Bonds, and on their face recite the streets or other public places for improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the mayor and attested by the secretary and treasurer of the City of Adel and shall have the impression of the corporate seal of the city thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, and may be designated by the Mayor and Council of the City of Adel. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements; or such bonds may in whole or in part be negotiated and delivered to the contractor, at not less than par value, in payment of any amount due him on his contract, and any portion of the bonds not so negotiated and turned over to the contractor may be sold or otherwise disposed of by said mayor and council at not less than par value, and the proceeds applied to any expenses incident to and incurred by the city in providing for such improvements. Said bonds shall be registered by the said secretary and treasurer in a book to be provided

Page 2848

for that purpose, and a certificate of registration by the secretary and treasurer of the City of Adel shall be by him endorsed upon each of said bonds. Street improvement bonds. Section 27. Be it further enacted by the authority aforesaid, that an assessment provided for and levied under the provisions of this Act shall be payable by the person owning the said lot, parcel, or tract of land on the first day of December each year, together with the interest thereon, to the secretary and treasurer of the City of Adel who shall give proper receipts for such payments, provided, that if the levy of such assessment is made after September 1st, the first installment and interest shall become due and payable on December the 1st of the succeeding year. It shall be the duty of the secretary and treasurer of the City of Adel to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used for and applied to the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of the secretary and treasurer upon default in payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel or tract of land assessed for such payment and against the owner of the property, for the full amounts thus becoming due and unpaid, and to forthwith turn over such execution to the chief of police of said City of Adel, who shall promptly levy the same upon the real estate liable for the assessment and previously assessed for such improvement; and after advertisement and other proceedings as in the case of sale for city taxes, the same shall be sold at public outery 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 thereon; provided, however, that the defendant in execution shall have the right to file an affidavit of illegality denying that the whole or any part of the amount for which the execution issued is due, stating what amount (if any) he admits to be due, which amount shall be admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally and, when received by the chief of police, shall be returned by the said chief of police to a justice court if the amount of execution is one hundred dollars or less, and to the superior court if the amount contested is over one hundred

Page 2849

dollars, and there to be tried and the issue determined as in the case of illegality, subject to all fines and penalty provided by law in such cases. When installments due. Executions. Section 28. Be it further enacted by the authority aforesaid, that where the right of way of any railroad company crosses any public thoroughfare within the corporate limits of the City of Adel, any railroad company is, for all the purposes of this Act, to be deemed to be the owner of the property on each side of such thoroughfare to the extent of the entire width of said right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks, and where the right of way of any railroad company abuts any public thoroughfare within the corporate limits of the City of Adel, or when such right of way extends over or into or overlaps any public thoroughfare within the limits of the City of Adel, such railroad company, for all the purposes of this Act, is deemed to be the owner of the property on the side of such thoroughfare on which said right of way abuts such thoroughfare or extends over or into or overlaps the same to the extent of the entire distance along such thoroughfare that such right of way abuts, extends over or into, or overlaps the same, irrespective of the use to which the said right of way may be put or the portion thereof actually occupied by the track or tracks of such railway company. Any and all property owned by the County of Cook, lying within the corporate limits of the City of Adel, and abutting upon any public thoroughfare, shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property. Any and all property owned by the City of Adel, exclusive of streets, alleys, and sidewalks, abutting upon any thoroughfare shall be assessable for any and all public improvements authorized by this Act, and in the same manner and to the same extent as such property would be if owned by any private individual, without regard to use made by the City of Adel of such property. Any assessment to be borne by the City of Adel may be paid out of the general funds or any special fund provided for that purpose. Assessments against railroads, Cook County, city. Section 29. Be it further enacted by the authority aforesaid, that whenever the Mayor and Council of the City of Adel shall

Page 2850

deem it necessary to make any of the improvements provided for in this Act, and shall have passed the written resolution as provided, said resolution shall be published by the secretary and treasurer in two consecutive issues of the Adel News, the Sparks Eagle, or any other newspaper in which the sheriff's advertisements of Cook County are published, and a time shall be designated in said notice not less than five days or more than ten days from the last publication of said notice for a public hearing before the said Mayor and Council of the City of Adel, at which time all parties at interest may appear in person or by attorney, and urge any objection or objections that they may have to the improvements so contemplated, and the Mayor and Council of the City of Adel shall be required to hear, pass upon, and determine such objections, and may modify, alter, amend or repeal said resolution. In the event a material alteration or amendment shall be made to the said resolution, said resolution as amended shall be published as a new resolution as provided for in this Act. Notice of improvements to be made. Hearing. Section 30. Be it further enacted by the authority aforesaid, that whenever it is desired by the authorities of said city, to appropriate private property to public use, and said authorities cannot secure the same from the owner or owners thereof by purchase, the title to such property may be acquired upon paying or tendering to the owner or owners thereof, or to his, her, its or their legally authorized representatives, just and legal compensation for the property desired, which compensation, when not otherwise agreed upon, shall be assessed and determined in the following manner, to wit: as now provided by the general laws of the State on this subject. Condemnation of private property. Section 31. Be it further enacted that this Act shall not become effective until and unless the same is approved by a majority of the qualified voters of the Town of Sparks and a majority of the qualified voters of the City of Adel. The city authorities of the Town of Sparks and the city authorities of the City of Adel shall call an election within ten (10) days from the date of approval of this Act by the Governor, and shall publish the same in the official organ of the County of Cook and said election shall be held on the 8th day of March 1950, at which time an election to repeal the charters of the two municipalities will be held. The ballot prepared for said election shall

Page 2851

have printed thereon the words, For consolidation of Sparks and Adel, and the words Against consolidation of Sparks and Adel, and those voting in favor of the incorporation of a new municipality consolidating the Towns of Sparks and Adel shall mark X to the left of the words For consolidation of Sparks and Adel, and those voting against a new municipality and consolidation of the Town of Sparks and the City of Adel shall mark X to the left of the words Against consolidation of Sparks and Adel. Said elections shall be held under the same rules and regulations covering the election of officers of the respective municipalities. The results of said election shall be declared by the rules and regulations governing the municipalities voting on the same. If a majority of the votes cast in both municipalities be for creating a new municipality consolidating Sparks and Adel, this Act shall become immediately effective, and if a majority of the votes cast in either municipality are against the creating of a new municipality consolidating Sparks and Adel, then this Act shall be null and void. Referendum. Section 32. Be it further enacted by the authority aforesaid, that the enumeration of powers contained in this Act shall not be considered restrictive, but the City of Adel and its authorities may exercise all powers, rights and jurisdictions as they might have if such enumerations were not made in this Act as above designated, and the mayor and council of said city may provide laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where under said Act rights are conferred or powers granted, but the manner of exercising them is not prescribed, the mayor and council may prescribe, by ordinance, the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of this State. Enumeration of powers not restrictive. Section 33. 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. Georgia, Fulton County. Personally appeared before the undersigned authority Wilson B. Wilkes, who after first being duly sworn on oath deposes and says that he is the Representative from Cook County, and that he is the author of the foregoing and attached bill, and

Page 2852

that the notice of the intention to introduce local legislation, a copy of which appears below, was published in the official organ of Cook County once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly, as provided by the Constitution of Georgia. (s) Wilson B. Wilkes. Sworn to and subscribed before me this the 31st day of January, 1950. (s) Walter C. Adkins, N. P. Notary Public State of Georgia State at Large. Notice of Local Bill. This is to give notice of the intention of the undersigned to introduce and apply for the passage of a local bill at the 1950 regular session of the General Assembly of Georgia, which bill shall provide for the incorporation of a new municipality, consolidating the municipalities of Sparks and Adel. This bill will not be introduced unless the referendum to be held prior to its introduction approves the passage of said bill. This the 4th day of January, 1950. Wilson B. Wilkes, Cook County Representative. Approved February 17, 1950. DECATUR CHARTER AMENDMENTS. No. 838 (House Bill No. 1072). An Act to amend an Act approved August 17, 1909, providing a new charter for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to provide that a person desiring to offer for election as commissioner of said city shall, when qualifying for such election, specify the incumbent whom such candidate desires to oppose or succeed; that the candidate receiving a plurality shall be declared elected as such commissioner;

Page 2853

to provide a form of ballot for such election, and other purpose. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that an Act approved August 17, 1909, providing a new charter for the Town of Decatur, now City of Decatur, and amended by an Act approved August 16, 1920, and further amended by an Act approved March 22, 1935, appearing on page 1059 of the Acts of the General Assembly of 1935, be and the same is hereby further amended by striking Section 4 (a) appearing in Section 3 on said page 1059 and substituting in lieu thereof the following section to be known as Section 4 (a) which shall read as follows: Sec. 4 (a), Act of 1935, amended. Section 4 (a). Be it further enacted by the authority aforesaid that any person desiring to become a candidate for the office of city commissioner of the City of Decatur shall file notice of his or her candidacy, either in person or by three friends, with the city manager of said city at least fifteen (15) days before any election for the selection of city commissioners of said city and shall, when filing said notice, specify the incumbent whom such candidate desires to oppose or succeed, and unless such notice is filed in accordance with the provisions hereof, the name of such candidate shall not be placed upon the ballot at said election. Notice of candidacy, city commissioner. Section 2. Be it further enacted by the authority aforesaid that an Act amending the charter of the Town of Decatur, now City of Decatur, to be found on page 949 of the Acts of the General Assembly of 1920, Section 35, and amended by an Act of the General Assembly approved March 22, 1935, to be found on page 1060 of said Acts of 1935, Section 35, be further amended by striking said Section 35, as amended as aforesaid, and substituting in lieu thereof the following to be known as Section 35 to wit: Sec. 35 amended. Section 35. Be it further enacted by the authority aforesaid, that the manner of holding elections in and for said city shall be the same prescribed by the present charter of said city except insofar as the same may be modified by the general law of the State in reference to elections in an Act approved August 21, 1922, to be found on page 97 of the Acts of the General

Page 2854

Assembly of 1922, and except as to the form of the ballot to be used in elections for choosing elective officers for said city and the method of counting same, which ballots and the method of counting same, whether in a primary election or in a general election, shall be as follows: that all ballots in such election shall be prepared by listing the candidates to succed each incumbent in alphabetical order and in seperate brackets; and improper striking in one of said brackets shall not affect the validity of a ballot in the bracket or brackets properly marked; and the candidate receiving a plurality of the votes cost in the bracket in which he or she shall have qualified shall be declared elected. In the event any two or more candidates within a given bracket shall receive an equal number of votes, then and in such event a second election shall be called not earlier than ten (10) days nor later than thirty (30) days from the date of said first election, the date to be fixed by the governing body of said city, at which election those candidates receiving such equal number of votes shall be voted for, and the candidate receiving a plurality of the votes in said second election shall be declared elected. Elections. 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. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managingeditor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 5, 12 and 19, 1950. The DeKalb New Era, W. H. McWhorter, Managing Editor.

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Sworn to and subscribed before me this 19th day of January, 1950. Gwendolyn B. Painter, Notary Public, Georgia, State at Large. My commission expires Feb. 3, 1950. Notice. Georgia, DeKalb County. Notice is hereby given that application will be made to the legislature at its next session for the passage of an Act entitled An to amend an Act, approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to provide tthat a candidate for City Commissioner of the City of Decatur, shall, when qualifying for election, specify the particular candidate and/or incumbent which he desires to oppose or succeed and to provide for a form of ballot for such elections by listing the candidates to succeed each incumbent in separate brackets, and for other purposes. This 4th day of December, 1949. B. Hugh Burgess, as City Attorney for the City of Decatur, Ga. Approved February 17, 1950. ATLANTA CORPORATE LIMITS EXTENDED. No. 839 (House Bill No. 1082). 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 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,

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and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspapers in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, and in the DeKalb New Era, the paper in which the sheriff's advertisements for DeKalb County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompained by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. 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: Beginning at a point on the line between Land Lots 57 and 72 of the Fourteenth District of Fulton County, said point being 150 feet south of the south side of Brown Avenue and, also, being a corner of the present corporate limits of the City of Atlanta, thence, south along the said line between Land Lots 57 and 72 of the Fourteenth District of Fulton County to the north side of Claire Drive; thence, westwardly and northwestwardly along the north side of Claire Drive to the east side of Pryor Road; thence, north along the east side of Pryor Road to the south line of the right of way of the Atlanta and West Point Railroad Company, same being the present corporate limits of the City of Atlanta; thence easterly and southerly, following said corporate limits of the City of Atlanta to the point of beginning. Territory added. Section 3. 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

Page 2857

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 case of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of council, building inspector, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits 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 in added territory. Section 4. All laws and parts of laws in conflict are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Luther Alverson, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice. Georgia, Fulton County. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the

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City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, and for other purposes. This December 5, 1949. City of Atlanta, By J. C. Savage, City Attorney, 803 C. S. Natl. Bk. Bldg. Dec. 8 15 tfn This the..... day of January, 1950. (s) Luther Alverson. Sworn to and subscribed before me, this the 31 day of January, 1950. (s) Eleanor M. Forster Notary Public. Approved February 17, 1950. FUNSTON CHARTER AMENDMENTS. No. 841 (House Bill No. 1090). An Act to amend an Act approved August 20, 1906, incorporating the Town of Funston, in the County of Colquitt, to fix the terms of the mayor and council of said town, and for filling vacancies for mayor and council, and fixing qualifications for mayor and council, and to amend said Act in such other particulars as may seem proper and for 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 legislature approved August 20, 1906 (1906, pages 761-763) incorporating the Town of Funston be and the same is hereby amended as follows: Section 1. That said Act approved August 20, 1906, be and the same is hereby amended by striking and repealing Section 2 of said Act and inserting in lieu thereof the following, to be known as Section 2. Sec. 2, Act of 1906, amended. Section 2. The government of said town shall be vested in

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a mayor and five (5) councilmen; that the present mayor be and he is hereby appointed mayor of said town; and the present council be and they are hereby appointed councilmen of said town to hold their offices until their successors shall be duly elected and qualified; that on Tuesday after the first Monday in January, 1951 there shall be held an election for a mayor and five (5) councilmen for said town. The mayor and the two councilmen receiving the highest number of votes shall serve for two years and until their successors are elected and qualified and biennially thereafter there shall likewise be held an election for a mayor and two councilmen who shall likewise serve for two years and until their successors are elected and qualified; that the next three councilmen receiving the highest number of votes in said election shall serve for one year and until their successors are elected and qualified; that on Tuesday after the first Monday in January, 1952 there shall be held an election for three councilmen who shall serve for two years and until their successors are elected and qualify and biennially thereafter there shall likewise be held an election for three councilmen who shall likewise serve for two years and until their successors are elected and qualified; that no person shall be eligible for the office of mayor or council unless he be a qualified elector of said town; that if a vacancy occurs in the office of mayor or council, then the other members of said governing body shall fill such vacancy, by appointment, for the remainder of the unexpired term. Mayor and council. Election, terms, etc. Section 2. That said Act approved August 20, 1906, be and the same is hereby amended by striking and repealing Section 5 of said Act and inserting in lieu thereof the following to be known as Section 5: Section 5. Be it further enacted that said mayor and council shall have full power and authority to pass all bylaws and ordinances respecting public buildings and grounds, work houses, public houses, vehicles and conveyances of all kinds, pumps, wells, springs, fire engines, care of the poor, supervision of disorderly houses, houses of ill fame for the prevention and punishment of disorderly conduct and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof and any other bylaw, regulation and ordinances that they may

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deem proper for the security, peace, health, happiness, order and good government of said city. Welfare and police powers. Section 3. That said Act approved August 20, 1906, be and the same is hereby amended by striking and repealing Section 14 of said Act and inserting in lieu thereof the following to be known as Section 14: Section 14. Be it further enacted by the authority aforesaid, that the enumeration of power contained in this Act shall not be construed as restrictive, but the mayor and council of said town may exercise all powers, rights and jurisdictions as they might if such enumerations were not made and the mayor and council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said town and where, under this charter rights are conferred or powers granted, but the manner of exercising them is not fully prescribed the mayor and council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act nor the laws of the State. Enumeration of powers not restrictive. Section 16. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed, provided that all corporate powers heretofore granted said town shall remain in full force and effect to be exercised in the manner and the methods provided by this Act. Notice of Legislation. Be it known that at the forthcoming session of the General Assembly of Georgia, convening the second Monday in January, 1950, the representatives therein from and for Colquitt County will introduce and offer for enactment to law a bill or bills to amend the Act approved August 20, 1906 (Georgia Laws 1906, page 761, et seq.) incorporating the Town of Funston; to fix the term of the mayor and council of said town; and to amend said Act in such other particulars as may seem proper; and to repeal all provisions of said Act in conflict with said amendment. Elmon Vickers, Ben T. Galloway, Representatives from Colquitt County, Georgia.

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This is to certify that the above and foregoing notice of legislation was published in the Moultrie Observer, the official organ of Colquitt County, Georgia, on December 16, 1949, December 23, 1949, and December 30, 1949. This 31st day of January, 1950. The Moultrie Observer, By: Annie Mae Adams, Treasurer. Georgia, Colquitt County. Personally appeared before me the undersigned Ben T. Galloway, author of the attached bill, who, after being duly sworn says that notice attached hereto has been published in the newspaper in which sheriff's advertisements of the locality affected are published once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. (s) Ben T. Galloway. Sworn to and subscribed before me this 1st day of February, 1950. (s) Frank H. Edwards, Notary Public, DeKalb County. Approved February 17, 1950. DE KALB COUNTY WATERWORKS ADVISORY BOARD. No. 842 (House Bill No. 1092). An Act 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 of 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

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be entitled; to provide that the Commissioner of Roads and Revenues of DeKalb County shall be the administrator of said waterworks system; and for other purposes so as to vest in the DeKalb County Waterworks Advisory Board the same authority, jurisdiction, and powers with reference to the DeKalb County sewer system which the said DeKalb County Waterworks Advisory Board now has with reference to the DeKalb County water system, 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 Act approved March 20, 1943 entitled as follows: An Act to create and establish for DeKalb County a DeKalb County Waterworks Advisory Board; to define and prescribe the powers of such board; to provide qualifications for membership on said board; to determine the method of appointment of members of said board; to fix the compensation to which the members of said board shall be entitled; to provide that the Commissioner of Roads and Revenues of DeKalb County shall be the administrator of said waterworks system; and for other purposes shall be and the same is hereby amended by adding a new section to be known as Section 7 and to appropriately renumber the succeeding sections, the said Section 7 to read as follows: Act of 1943 amended. Section 7. All of the power, authority and jurisdiction herein granted to the DeKalb County Waterworks Advisory Board with reference to the DeKalb County water system are also hereby granted to and shall be exercised by said advisory board with reference to the DeKalb County sewer system. Sewer system. 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. Section 3. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law.

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Georgia, DeKalb County. Personally appeared before me the undersigned W. H. McWhorter, Representative from DeKalb County, Georgia, author of attached bill who after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the undersigned intends to apply for passage of local legislation at the next session of the General Assembly which meets in January, 1950, to amend an Act approved March 20, 1943 (Ga. Laws 1943, page 941), which Act is entitled as follows: An Act to create and establish for DeKalb County a DeKalb County Waterworks Advisory Board; to define and prescribe the powers and authority of such board; to provide qualifications for membership on said board; to determine the method of appointment of members of said board; to fix the compensation to which the members of said board shall be entitled; to provide that the Commissioner of Roads and Revenues of DeKalb County shall be the administrator of said waterworks system; and for other purposes, so as to vest in the DeKalb County Waterworks Advisory Board the same authority, jurisdiction, and powers with reference to the DeKalb County sewer system which the said DeKalb County Waterworks Advisory Board now has with reference to the DeKalb County water system and for other purposes. J. A. McCurdy, DeKalb County Attorney This 1 day of February, 1950. (s) W. H. McWhorter.

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Sworn to and subscribed before me this 1st day of February, 1950. Gwendolyn B. Painter, Notary Public Notary Public, Georgia, State at Large My commission expires Feb. 3, 1950. Approved February 17, 1950. HALL COUNTYZONING AND PLANNING. No. 843 (House Bill No. 1102). An Act to authorize the Board of Commissioners of Roads and Revenues of Hall County to create and establish restricted zones or districts; to define the boundaries and limits of such zones or districts, provided fifty-one per cent of the property owners in the area of land within such zone or district consent thereto; to prohibit the erection of different kinds of buildings or structures therein and the use or maintenance thereof; to provide that the erection or maintenance or use of any building within a restricted zone or district to violation of the provisions of this bill shall constitute a nuisance and to provide for the abatement thereof; to adopt rules and regulations for the enforcement of this Act; to provide a penalty for the violation thereof; 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 Hall County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Hall County; to define the boundaries and limits of said districts; to define the character and kind of buildings or structures that may be erected in such areas or districts; to prohibit the erection of different buildings or structures therein, provided fifty-one per cent of the property owners in area of land within such zone or district consent thereto; to prohibit the use or maintenance of any buildings in such areas or district except for the purposes specified, and to adopt rules and

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regulations for the enforcement of this Act; provided, however, that said restricted areas or districts must be outside the limits of incorporated towns and municipalities in said county. Zones. Section 2. Said Board of Commissioners may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities or it may establish such areas or districts in any part of said county outside such towns and municipalities. Section 3. Be it further enacted that before any such area or district is established or altered by said board of commissioners, notice of the proposed action of the board shall be given publication once a week for three weeks in the newspaper wherein the sheriff's advertisements in said county are published and also by posting a notice in three or more conspicuous places within the area to be included in such zoned or restricted area. Said notices shall contain information as to the street or streets to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specify the time and place of the meeting of the board of commissioners at which such proposed action will be considered. At such meeting of the board of commissioners of roads and revenues, or any subsequent meeting to which the matter may be deferred, opportunity for hearing shall be afforded to any one who has an interest or right in the realty to be affected by the proposed zoning regulation. Notice of intention. Hearing. Section 4. Be it further enacted that in the case of buildings already erected in any proposed restricted area being used or designed for a purpose contrary to that which it is proposed to provide in such restricted area, the commissioners may limit the further extension, maintenance or use of any such building beyond that existing at the time the proposed restriction is to take effect. Existing buildings. Section 5. Be it further enacted that any building or structure erected, occupied, used of maintained in violation of the provisions of this Act or in violation of the orders of said board of commissioners in pursuance of Act, is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor-general of the circuit in which Hall County is located to prosecute all persons violating the provisions of this Act. This remedy is

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cumulative of other remedies provided by law for the abatement of nuisances. Said solicitor may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise, as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Abatement of nuisances. Section 6. Be it further enacted that any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of the Act, shall be guilty of a misdemeanor and, upon conviction, shall be subject to fine or imprisonment or both, as provided by law. Violation of provisions misdemeanor. Section 7. Be it further enacted that the Board of Commissioners of Roads and Revenues of Hall County shall have the right and they are directed to make and establish rules and regulations to carry into effect this Act and to enforce same, and they are authorized and directed to make additional rules and to modify those existing from time to time as they may see fit in order to better carry out the purposes of this Act. Railroad regulations. Section 8. Be it further enacted that this Act shall not repeal any law now of force restricting the construction and defining the conditions under which cemeteries, hospitals and other similar institutions may be constructed and maintained within Hall County, Georgia. Cemeteries, hospitals, etc. Section 9. Be it further enacted that said board of commissioners may from time to time alter or change the boundaries of any restricted area or district authorized by this Act, or the restriction upon the whole or any part of the property included within any restricted area therefore established by authority of said board, provided consent thereto is obtained from fifty-one per cent of the owners in area of land in such affected zone or district; and the same notice and opportunity to be heard is given as provided by Section 3 of this Act for the establishment of a restricted area of district. Charge of zones. Section 10. 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

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the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. If part invalid. Section 11. This Act shall take effect upon its approval. Section 12. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce a bill of local or special nature in the next session of the General Assembly of the State of Georgia, to be entitled: An Act to authorize the Commissioners of Roads and Revenues of Hall County, Georgia, to pass zoning and planning laws whereby said Hall County may be zoned or districted for various used provided therein, and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvements of real estate therein, upon the consent of fifty-one per cent of the owners of property within said zone or district, and for other purposes. Hammond Johnson, Jr., Representative of Hall County Georgia, Hall County. Affidavit of Publisher. Personally appeared before the undersigned officer, Charles Hardy, who, says on oath, that he is the editor of the Gainesville News, a newspaper having a general circulation, and whose principal place of business is in said county, and that the above advertisement is a certified copy of advertisement entitled Notice of Intention to Apply for Passage of Local Legislation and was published in this newspaper on the dates listed as follows: December 29, 1949, January 5, 1950, January 12, 1950, January 19, 1950, and January 26, 1950. (s) Chas. L. Hardy Charles Hardy, Editor Gainesville News.

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Sworn to and subscribed before me this 31st day of January, 1950. (s) Ruby Truelove, N. P., Ga. Approved February 17, 1950. ORDINARY'S SALARY IN CERTAIN COUNTIES. No. 845 (House Bill No. 1108). An Act to amend an Act approved January 31, 1946 entitled An Act to authorize and direct the commissioner or commissioners of roads and revenues or other authority having control of the expenditures of county funds in all counties in the State of Georgia having a population of not less than 300,000 according to the Federal census of 1940, or any future Federal census, to pay to the ordinary in each such county a salary of $9,000.00 per annum by providing that the governing authorities of such counties shall fix the amount of the salary of ordinaries in such counties at not less than $9,000.00 per annum and not more than $11,000.00 per annum; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. The Act of the General Assembly of the State of Georgia approved January 31, 1946 entitled An Act to authorize and direct the commissioner or commissioners of roads and revenues or other authority having control of the expenditure of county funds in all counties in the State of Georgia having a population of not less than 300,000, according to the Federal census of 1940, or any future Federal census, to pay to the ordinary in each such county a salary of $9,000.00 per annum be amended by striking from Section 1 thereof the following language: is authorized and directed to pay to the ordinary in each such county an annual salary of $9,000.00 payable in equal monthly installments, and by inserting in lieu thereof the following words: shall fix the salary of the ordinary in each such county

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at not less than $9,000.00 per annum and not more than $11,000.00 per annum which salary shall be paid in equal monthly installments, so that said section 1 as amended shall read: Sec. 1, Act of 1946, amended. Section 1. That from and after the passage and approval of this Act the commissioner or commissioners of roads and revenues or other authority having control of the expenditure of county funds in all counties of the State of Georgia having a population of not less than 300,000 by the Federal census of 1940 or any future Federal census, shall fix the salary of the ordinary in each such county at not less than $9,000.00 per annum and not more than $11,000.00 per annum, which salary shall be paid in equal monthly installments. Ordinary's salary in certain counties. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 17, 1950. CEDARTOWN CHARTER AMENDMENTS. No. 846 (House Bill No. 1110). An Act to amend an Act of the General Assembly of Georgia 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 charter and laws amendatory thereof and in conflict therewith, and all Acts amendatory thereof, by amending said charter and Section 6 thereof, as amended so as to change the time for closing the list for the registration of voters in any election held under said charter; to amend said charter and Section 4 and 90 thereof, as amended, so as to change the time of holding the general election for the election of city commissioners of said city and members of the board of education thereof; to amend said charter and Section 16 thereof, as amended, by changing the time for holding of party primary elections for city commissioners and members of the board of education, of said city; to amend said charter, as

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amended, by providing that run-over elections shall be held in the event any candidates for membership on said city commission or on said board of education, in any primary, special or general election, should receive the same number of votes, and to fix the time for holding such run-over elections, and to provide for the registration of candidates in such run-over elections; to amend said charter, as amended, so that said city, through its governing authority may make and collect assessments for any or all sanitary services that may be rendered by said city, and to authorize said city through said governing authority to provide the manner and method of collecting such assessments; to amend said charter and Section 78 thereof, as amended, by changing and fixing the amount to be paid by abutting property owners for laying curb and gutter in streets and alleys of said city; to amend said charter, as amended, so as to authorize said city, through its governing authority, if and when, by legislation of the Congress of the United States, the Social Secuity Act and/or the Federal Insurance Contributions Act are made applicable to municipalities of the State of Georgia and employees of such municipalities, to comply with the provisions of said Social Security Act and/or Federal Insurance Contributions Act and all amendments thereto; to amend said charter, as amended, so that said city, through its governing authority, may be authorized to provide group or other insurance for the benefit of its employees, to collect from its employees, for remittance to insurance companies, premiums for such insurance, and to contribute to the payment of such insurance premiums; to amend said charter, as amended, so that said city, through its governing authority, may be authorized to enter into personal injury and property damage insurance contracts and to pay the premiums therefor, and to further provide that insurance companies entering into such contracts shall be legally bound thereunder; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by said authority, that an Act of the General Assembly of Georgia 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

Page 2871

of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, be, and the same is hereby amended by striking all of Section 6 of said Act approved March 29, 1937, which Section 6 so stricken reads as follows: Be it further enacted by the authority aforesaid, that the secretary of said city commission shall open a list for the registration of voters sixty (60) days prior to any general election held in said city, which list shall be closed fifteen (15) days prior to said election. In any election to fill any vacancy in any elective office, or for an election for recall, initiative or referendum, or any special election, the registration list of the last general election shall be used: Provided, however, that said secretary shall, upon the calling of any election, 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 said secretary, 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 (90) days immediately preceding the election. The said secretary 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; and by inserting in lieu of said Section 6 so stricken, the following: Sec. 6, Act of 1937, amended. Be it further enacted by the authority aforesaid, that the secretary of said city commission shall open a list for the registration of voters sixty (60) days prior to any general election held in said city, which list shall be closed fifteen (15) days prior to said general election; provided, however, if any party primary election shall be held for the selection of party candidates to enter such general election, said list for the registration of voters shall be closed seven (7) days prior to the date of such primary election, instead of fifteen (15) days prior to such general election. In any election to fill any vacancy in any elective office, or for an election for recall, initiative or referendum,

Page 2872

or any special election, the registration list of the last general election shall be used; provided, however, that said secretary shall, upon the calling of any election, immediately open a list for persons who may have since become qualified and desire to register, which said list shall be closed seven (7) days prior to said election. It shall be the duty of said secretary, 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, 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 (90) days immediately preceding the election. Said secretary is hereby empowered to administer an oath to the applicant touching his right to be registered, which 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 2. Be it further enacted by the authority aforesaid, that Section 4 of said Act of the General Assembly of Georgia approved March 29, 1937, as amended by Act of the General Assembly of Georgia (Extra Session 1937-1938), which said Section 4, as amended, reads as follows: Be it further enacted by the authority aforesaid, that on the third Wednesday in December, 1937, and on the third Wednesday in December each second year thereafter, an election shall be held for the purpose of electing said commissioners, whose terms shall begin on the first Tuesday in January thereafter, except as hereinafter provided. In the first election held under this charter, the five candidates receiving the highest number of votes shall be declared elected as commissioners, and at the first meeting of said commission, or as soon thereafter as practicable, the five commissioners so elected shall decide by lot which three of said commissioners shall serve for four years, and which two shall serve for two years. After the first election held under this charter, all commissioners elected shall serve for four years. All commissioners shall serve until their successors are elected and qualified. The present mayor and councilmen shall remain in office until the first Tuesday in January, 1938, be stricken in its entirety, and that the following be inserted in lieu of said Section 4 (as amended) so stricken, to wit: Sec. 4 amended.

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Be it further enacted by the authority aforesaid, that on the second Tuesday in December, 1937, and on the second Tuesday in December in each second year thereafter, an election shall be held for the purpose of electing said commissioners, whose terms shall begin on the first Tuesday in January thereafter, except as hereinafter provided. In the first election held under this charter, the five candidates receiving the highest number of votes shall be declared elected as commissioners, and at the first meeting of said commission, or as soon thereafter as practicable, the five commissioners so elected shall decide by lot which three of said commissioners shall serve for four years, and which two shall serve for two years. After the first election held under this charter, all commissioners elected shall serve for four years. All commissioners shall serve until their successors are elected and qualified. The present mayor and councilmen shall remain in office until the first Tuesday in January, 1938. Election of city commissioners. Section 3. Be it further enacted by the authority aforesaid, that Section 90 of said Act of the General Assembly of Georgia approved March 29, 1937, as amended, which Section 90 reads as follows: Be it further enacted by the authority aforesaid, that a board of education, to consist of nine members, be and the same is hereby established. On the third Wednesday in December, 1937, and on the third Wednesday in December in each second year thereafter, an election shall be held in said city for the purpose of electing members to said board of education, whose terms shall begin on the first Tuesday in January thereafter, and except as hereinafter provided, the members of said board shall serve for four years. In the first election held under this charter, the eight candidates receiving the highest number of votes shall be declared elected as members of said board of education. Of said eight members so elected, the four receiving the highest number of votes shall hold office for four years, and the remaining four members so elected shall hold office for two years. Thereafter, the terms of office of the members of said board of education, except the one elected from said city commission, as hereinafter provided for, shall be for four years. On the first Tuesday in January, 1938, or so soon thereafter as possible, and on the first Tuesday in January annually thereafter, said city commissioners shall elect from their number one commissioner who shall serve as a member of said board

Page 2874

of education. Vacancies in said board of education caused by death, resignation, disqualification, or otherwise, shall be filled by the remaining members of said board; Provided, that a vacancy in said board of education, caused by death, resignation, disqualification, or otherwise, of the member of said board of education elected from and by said commissioners, as aforesaid, shall be filled by said city commissioners; and in any event the person or persons so appointed or elected by said board of education or by said city commissioners, as aforesaid, shall serve only for the unexpired terms of the office for which they were elected or appointed. The members of said board of education shall be upright and intelligent citizens of said city, and shall hold office for the term for which they were elected, and until their successors are elected and qualified. The present board of education of said city shall continue in office until the first Tuesday in January, 1938, or until their successors are elected and qualified. There shall be no limitation on the number of successive terms the members of said board of education may serve, be, and the same is hereby, amended by striking Section 90 in its entirety, and by inserting in lieu thereof the following: Sec. 90 amended. Be it further enacted by the authority aforesaid, that a board of education, to consist of nine members, be and the same is hereby established. On the second Tuesday in December, 1937, and on the second Tuesday in December in each second year thereafter, an election shall be held in said city for the purpose of electing members to said board of education, whose terms shall begin on the first Tuesday in January thereafter, and except as hereinafter provided, the members of said board shall serve for four years. In the first election held under this charter, the eight candidates receiving the highest number of votes shall be declared elected as members of said board of education. Of said eight members so elected, the four receiving the highest number of votes shall hold office for four years, and the remaining four members so elected shall hold office for two years. Thereafter, the terms of office of the members of said board of education, except the one elected from said city commission, as hereinafter provided for, shall be for four years. On the first Tuesday in January annually thereafter, said city commissioners shall elect from their number one commissioner who shall serve as a member of said board of education. Vacancies in said board

Page 2875

of education caused by death, resignation, disqualification, or otherwise, shall be filled by the remaining members of said board; provided, that a vacancy in said board of education, caused by death, resignation, disqualification or otherwise, of the member of said board of education elected from and by said commissioners, as aforesaid, shall be filled by said city commissioners; and in any event the person or persons so appointed or elected by said board of education or by said city commissioners, as aforesaid, shall serve only for the unexpired terms of the office for which they were elected or appointed. The members of said board of education shall be upright and intelligent citizens of said city, and shall hold office for the term for which they were elected, and until their successors are elected and qualified. The present board of education of said city shall continue in office until the first Tuesday in January, 1938, or until their successors are elected and qualified. There shall be no limitation on the number of successive terms the members of said board of education may serve. Board of education. Election. Terms. Vacancies. Section 4. Be it further enacted by the authority aforesaid, that Section 16 of said Act of the General Assembly of Georgia approved March 29, 1937, which Section 16 reads as follows: Be it further enacted by the authority aforesaid, that any party or political organization may hold a primary election for the nomination of candidates, or the expression of party policy, for any general or special election, provided such primary shall be held in accordance with the laws of the State and of this charter for general elections, in so far as same are applicable. Provided, however, that any party or political organization desiring to enter candidates for any elective office in the general election herein provided for, shall hold said primary under the same rules and regulations herein provided for the general election, which said primary shall be held by all parties or political organizations on the first Wednesday in December in the year said general elections are held. It is further provided, that only nominees of said party or political organizations who have been nominated in said primary, shall be voted for in said general elections, unless the names of other candidates have been filed with the secretary of the city commission at least ten (10) days before the date of said general election. Provided further, that the City of Cedartown shall defray the legitimate expenses of

Page 2876

said primary elections, be, and the same is hereby amended by striking said Section 16 in its entirety, and by inserting in lieu thereof the following: Sec. 16 amended. Be it further enacted by the authority aforesaid, that any party or political organization may hold a primary election for the nomination of candidates, or the expression of party policy, for any general or special election, provided such primary shall be held in accordance with the laws of the State and of this charter for general elections, in so far as same are applicable. Provided, however, that any party or political organization desiring to enter candidates for any elective office in the general election herein provided for, shall hold said primary under the same rules and regulations herein provided for the general election, which said primary shall be held by all parties or political organizations on the third Tuesday in November in the year said general elections are held. It is further provided, that only the nominees of said party or political organizations who have been nominated in said primary, shall be voted for in said general elections, unless the names of other candidates have been filed with the secretary of the city commission at least ten (10) days before the date of said general election. Provided further, that the City of Cedartown shall defray the legitimate expenses of said primary elections. Primary elections. Section 5. 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 17-A, which shall read as follows: Sec. 17-A added. Section 17-A. If in any party primary election for the nomination of political party candidates for any general or special election held under this charter, it should be impossible for the party holding such election to determine which candidates are to be entered in such general or special election, because of the fact that two or more of such party candidates receive the same number of votes, a run-off election shall be held, in which only those receiving the same number of votes shall enter, so that the political party may determine its party candidates to enter such general or special election. If the election in which such party candidates are to be entered is a general election, such run-over election shall be held on the first Tuesday in December

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in the year in which the general election is to be held; and if the election in which the party candidates are to be entered is a special election, such run-over election shall be held at least seven days before the date fixed for the holding of the special election. If in any general or special election held under this charter, the number of candidates seeking election as city commissioners shall exceed the number of offices to be filled in such election, or if in any general or special election held under this charter, the number of candidates seeking election as members of the board of education shall exceed the number of offices on said board to be filled in such election, and should it be impossible to determine who are the successful candidates because of candidates receiving the same number of votes, a run-over election shall be held in which those receiving the same number of votes shall be entered, so that it may be determined who shall be entitled to the offices to be filled. Run-over elections caused by candidates receiving the same number of votes in general elections shall be held on the third Tuesdays in December in the year in which such general elections are held. Run-over elections caused by candidates receiving the same number of votes in special elections shall be held on a date to be fixed by the City Commission of the City of Cedartown, provided that such date shall be not less than seven nor more than fourteen days after the date of such special election, anything to the contrary in this charter notwithstanding. All run-over primary elections held under this charter shall be held in accordance with the laws of Georgia and of this charter for general elections, insofar as same may be applicable; and all run-over elections held as the result of tie votes in any general or special election shall be held in accordance with the provisions of this charter and the laws of Georgia. In case of any run-over election to be held by any political party, such party must register with the secretary of the Cedartown City Commission, at least four days before the time for holding such run-over election, the names of the candidates to be entered in such run-over election. Run-over elections. Section 6. Be it further enacted by the authority aforesaid, that said Act of the General Assembly of Georgia approved March 29, 1937, be, and the same is hereby amended by adding a new section thereto, to be known as Section 67-A, which added section shall read as follows: Sec. 67-A added.

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Section 67-A. Said City of Cedartown, through its governing authority, shall by ordinances have full power and authority, in addition to all other taxing powers and authority given it under the laws of Georgia and said Act of the General Assembly of Georgia approved March 29, 1937, and all amendments thereto, to levy, fix, assess and collect a tax and/or charge for any or all sanitary services rendered by or through said city, including the levying, fixing, assessing and collection of taxes and/or charges for sewerage disposal and/or garbage collection and disposal; and said city, through its governing authority, shall have full power and authority to enact such ordinances as may be necessary, needed or expedient to enforce the payment of such taxes or charges, and shall have full power and authority, through said governing authority, to enact ordinances to provide for the manner and method of collecting such taxes and charges. Sanitation tax. Section 7. Be it further enacted by said authority, that said Act of the General Assembly of Georgia approved March 29, 1937, as amended, be, and the same is hereby, amended by striking Section 78 of said Act approved March 29, 1937, which Section 78 is as follows: Be it further enacted by the authority aforesaid, that if the city commission 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 may issue execution as other executions in favor of the city are issued and enforced; and by substituting in lieu thereof a new section to be known as Section 78-A, which substituted section shall read as follows: Sec. 78 stricken. Sec. 78-A added. Section 78-A. Be it further enacted by the authority aforesaid, that if the city commission 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-half of the cost of the same for which the city may issue executions as other executions in favor of the city are issued and enforced. Curb and gutter assessments. Section 8. Be it further enacted by said authority, that said Act of the General Assembly of Georgia approved March 29, 1937, as amended, be, and the same is hereby amended by adding a new section thereto to be known as Section 129-A and which shall read as follows: Sec. 129-A added.

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Section 129-A. Said City of Cedartown, through its governing authority, shall have full power and authority, if and when, by legislation of the Congress of the United States, the Social Security Act and/or Federal Insurance Contributions Act are made applicable to municipalities in the State of Georgia, to comply with the provisions of said Social Security Act and/or Federal Insurance Contributions Act and all amendments thereto, in the same manner and to the same extent as if the City of Cedartown were a private corporation. Said City of Cedartown, through its governing authority, shall have full power and authority, to provide group or other insurance for the benefit or protection of its employees, and shall have full power and authority to collect from its employees, for remittance to insurance companies, premiums for such insurance benefits or protection, and said city shall have full power and authority to contribute from the funds of said city any part of the premiums for such insurance benefits or protection. The word `employees' as used in this section may include all persons performing services for said city, whether or not they are receiving salaries or other compensation. Social Security. Group insurance. Section 9. Be it further enacted by said authority, that said Act of the General Assembly of Georgia approved March 29, 1937, as amended, be, and the same is hereby amended by adding a new section thereto, which shall be known as Section 129-B, which shall read as follows: Sec. 129-B added. Section 129-B. Said city, through its governing authority, shall have the full power and authority to enter personal injury and property damage insurance contracts and to pay the premiums therefor, and all insurance companies entering into such contracts shall be legally bound thereunder in the same manner and to the same extent as if said city were a private corporation; provided, however, that nothing contained herein shall in any manner or to any extend bind said city in any claim, action, cause of action, suit at law or in equity, or otherwise, by reason of its having entered into any such insurance contract; and all actions at law or in equity brought by reason of said city's having entered into such insurance contracts shall be brought against the insurance carrier only, and the City of Cedartown shall not be and shall not be made a party to such suit; provided, that the venue of any such suit shall be Polk County, Georgia. Personal injury and property damage insurance.

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Section 10. Be it further enacted by the authority aforesaid, that if any section, portion or provision of this Act should be declared invalid or unconstitutional, the remaining sections, portions and provisions thereof shall not be affected thereby, but said remaining sections, portions and provisions shall be and remain in full force and effect. If part invalid. Section 11. This Act shall become effective and operative immediately upon its passage and approval. Effective date. Section 12. Be it further enacted by the authority aforesaid, all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Section 13. Notice of intention to apply for the introduction and passage of this local bill has been published in the Cedartown Daily Standard, a newspaper published in the City of Cedartown, Polk County, Georgia, the newspaper in which the sheriff's advertisements for said Polk County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly of Georgia. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Notice is hereby given of intention to apply to the General Assembly of Georgia for introduction and passage of a local bill to be entitled: An Act to amend an Act of the General Assembly of Georgia 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 amending said charter and Section 6 thereof, as amended, so as to change the time for closing the list for the registration of voters in any election held under said charter; to amend said charter and Sections 4 and 90 thereof, as amended, so as to change the time of holding the general election for the election of city commissioners of said

Page 2881

city and members of the board of education thereof; to amend said charter and Section 16 thereof, as amended, by changing the time for the holding of party primary elections for city commissioners and members of the board of education, of said city; to amend said charter, as amended, by prroviding that run-over elections shall be held in the event any candidates for membership on said city commission or on said board of education, in any primary, special or general election, should receive the same number of votes, and to fix the time for holding such run-over elections, and to provide for the registration of candidates in such run-over elections; to amend said charter, as amended, so that said city, through its governing authority, may make and collect assessments for any or all sanitary services that may be rendered by said city, and to authorize said city through said governing authority to provide the manner and method of collecting such assessments; to amend said charter and Section 78 thereof, as amended, by changing and fixing the amount to be paid by abutting property owners for laying curb and gutter in streets and alleys of said city; to amend said charter, as amended, so as to authorize said city, through its governing authority, if and when, by legislation of the Congress of the United States, the Social Security Act and/or the Federal Insurance Contributions Act are made applicable to municipalities of the State of Georgia and employees of such municipalies, to comply with the provisions of said Social Security Act and/or Federal Insurance Contributions Act and all amendments thereto; to amend said charter, as amended, so that said city, through its governing authority, may be authorized to provide group or other insurance for the benefit of its employees, to collect from its employees, for remittance to insurance companies, premiums for such insurance, and to contribute to the payment of such insurance premiums; to amend said charter, as amended, so that said city, through its governing authority, may be authorized to enter into personal injury and property damage insurance contracts and to pay the premiums therefor, and to further provide that insurance companies entering into such contracts shall be legally bound thereunder; to amend said charter, as amended, by authorizing, and empowering said city, through its governing authority, to levy, fix and collect a tax and the amount of a tax to be paid by persons who pay an admission charge to any place of amusement, entertainment or recreation, and to provide,

Page 2882

among other things, that such tax shall apply to persons who are admitted free of charge to any such place, or at reduced rates to any such place for which other persons pay a charge or a regular higher charge for the same or similar privileges or accommodations; to provide for the manner and method of collecting such tax, and the time, place, manner and method of remitting same to said City; to provide for imposing penalties for failure to collect or remit such tax, or to collect or remit same at the times and places to be specified; and for other purposes. Georgia, Polk County. Personally appeared before me the undersigned, W. R. Adams, Representative from and of Polk County, Georgia, author of the foregoing and attached local bill, who after being duly sworn, says that the above, foregoing and attached is a copy of Notice of Intention to Apply for Local Legislation, and that said notice has been published in the Cedartown Daily Standard, a newspaper published in Cedartown, Polk County, Georgia, and in which the sheriff's advertisements for said Polk County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly, all as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. W. Ray Adams W. R. Adams Sworn to and subscribed before me, on this the 30th day of January, 1950. Constance M. Ragsdale (Seal) Notary Public, Polk County, Georgia My commission expires May 11, 1951 Approved February 17, 1950. GLYNN COUNTY COMMISSIONERSAMENDMENTS. No. 848 (House Bill No. 1115). An Act to amend an 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

Page 2883

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, (Georgia Laws 1937, pages 1336 et seq.), and all Acts amendatory thereof; to provide for a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, consisting of not more than five members, three from within the corporate limits of the City of Brunswick and two from without the corporate limits of said city; to provide for initial terms of two such commissioners for two years each, and for three of such commissioners for four years each, and for successive terms of four years each; to provide that this Act shall apply to the commissioners elected in the year 1950 to succeed the present commissioners of roads and revenue; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 1 of An Act 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 (Georgia Laws 1937, page 1336 et seq.), is

Page 2884

hereby repealed, and in lieu thereof the following is hereby hereby enacted: Sec. 1, Act of 1937, amended. There is hereby created and established in the County of Glynn a board of commissioners of roads and revenue consisting of five citizens of the said county, two to be chosen from the county at large outside of the corporate limits of the City of Brunswick and three to be chosen from within the corporate limits of the City of Brunswick in said county. The members herein provided for shall be elected in the general election of 1950. At such election in 1950, three members shall be elected to serve for terms of four years each, beginning January 1, 1951, and two members shall be elected to serve for terms of two years each, beginning January 1, 1951. Of the three members chosen from within the corporate limits of the City of Brunswick at said election held in 1950, those two receiving the highest number of votes in the primary election for 1950 shall serve for terms of four years each, and the member chosen from within the corporate limits of the City of Brunswick receiving the next highest number of votes in said primary of 1950 shall serve for a term of two years; of the two members chosen from the county at large outside of the corporate limits of the City of Brunswick at said election in 1950, the one receiving the highest number of votes in the primary election for 1950 shall serve for a term of four years, and the one receiving the next highest number of votes in the primary election for 1950 shall serve for a term of two years. In the general election of 1952, there shall be elected one member chosen from the county at large outside of the corporate limits of the City of Brunswick to succeed the member chosen from the county at large whose term will expire on December 31, 1952, and such successor shall be elected and shall serve for a term of four years, beginning January 1, 1953. In the general election of 1952, there shall be elected one member chosen from within the corporate limits of the City of Brunswick in said county to succeed the member chosen from within the corporate limits of said city whose term will expire on December 31, 1952, and such successor shall be elected and shall serve for a term of four years, beginning January 1, 1953. After the general election of 1952, successors to the commissioners whose terms expire the following December 31st shall be elected at the general election each two years for terms of four years each, and such commissioners

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shall be from within or from without the corporate limits of the City of Brunswick, as was the commissioner whom he succeeds. The said board shall elect one of its members as its chairman. Should any commissioner chosen from within the corporate limits cease to reside within the corporate limits of the City of Brunswick, or any commissioners chosen from without the said corporate limits, change his residence to within the corporate limits, a vacancy shall be thereby created, and such vacancy shall be filled as provided in Section 3 of said Act of 1937, hereinabove referred to. Until January 1, 1951, the present board of commissioners of roads and revenue consisting of seven citizens of said county shall continue to hold office and shall constitute the board until the commissioners provided for in this section of this Act are elected, commissioned and qualified, and such board shall exercise all the powers heretofore conferred upon the Board of Commissioners of Roads and Revenue of Glynn County, Georgia, until such time as the five member board is elected, commissioned and qualified. Board of commissioners. Election. Terms. Vacancies. Section 2. All provisions of the said Act of 1937, and Acts amendatory thereto, where not in conflict with the provisions of this Act, shall apply to and govern the new five member Board of Commissioners of Roads and Revenue of Glynn County, Georgia. Section 3. Should any part of this Act be held to be unconstitutional, such holding shall not affect or destroy the validity of any other portions or parts of this Act. If part invalid. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia, now of force, is the certificate under oath of C. H. Leavy, Jr., editor and publisher of the Brunswick News, the newspaper in which the sheriff's advertisements for Glynn County, Georgia, are published, certifying that the notice of intention to apply for local legislation, a copy of which is attached to said certificate, was published in the issues of said newspaper of January 21, 1950, January 25, 1950, and January 30, 1950. State of Georgia, County of Glynn.

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Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, C. H. Leavy, Jr., who, having been first duly sworn, on oath deposes and says that he is the editor of the Brunswick News, a newspaper in which are published sheriff's advertisements, for Glynn County, Georgia, that he is also the publisher of said newspaper; that the notice of intention to apply for local legislation, copy of which is attached below this certificate, was published in the Brunswick News in the issues of January 21, 1950, January 25, 1950, and January 30, 1950; and that this certificate is made by the undersigned as required by Article III, Sec. VII, P. 15, of the Constitution of the State of Georgia, ratified August 7, 1945. C. H. Leavy, Jr. C. H. Leavy, Jr. Sworn to and subscribed before me upon this 1st day of February, 1950. Mildred P. Parker, Notary Public, Glynn County, Georgia. (Seal of Notary) Notice of Intention to Seek Local Legislation. Notice is hereby given that at the current session of the General Assembly of Georgia there will be introduced for passage a local bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, approved February 11, 1937, and all Acts amendatory thereof. The purpose of the bill mentioned will be to amend the Act creating the Board of Commissioners of Roads and Revenue for Glynn County, Georgia, so as to provide for a board of commissioners of roads and revenue to consist of not more than five members of which five members, three shall be from within the corporate limits of the City of Brunswick and two shall be chosen from the county at large outside of the corporate limits of the City of Brunswick; to provide for the terms of the commissioners so that two commissioners shall be elected to an initial term of two years and three of the commissioners elected to an initial term of four years and for the successors of each commissioners to be elected

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for terms of four years; and to provide for this Act to apply to the commissioners elected in 1950 to succeed the present board of commissioners of roads and revenue; and for other purposes. This January 20, 1950. 1/21-25-30 Approved February 17, 1950. CARROLLTON SCHOOL TAX. No. 849 (House Bill No. 1116). An Act to amend an Act establishing a new charter for the City of Carrollton approved September 9, 1891, and all Acts amendatory thereto; so as to provide for the rate of taxation for school purposes of said city not to exceed one and five-hundredths per centum per annum. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid that, immediately from and after passage of this Act, the charter of the City of Carrollton is hereby amended as follows: That the last sentence in Section Two of the Act of the General Assembly of the State of Georgia, approved March 6, 1945, (amending the Act of Nov. 26, 1886 establishing a system of public schools of Carrollton, Georgia), which amendatory Act is headed, Carrollton Charter Amendments, being No. 198 of the printed Acts of 1945, pages 876 and 877, by striking the last sentence in Section Seven (7) of said Act of 1945, being No. 198, headed, Carrollton Charter Amendments, and same be repealed and the following words are hereby enacted and inserted in lieu thereof: Sec. 7, Act of 1945, amended. The Mayor and City Council of the City of Carrollton shall in its discretion proceed to levy and collect such amount as it may deem necessary by levy and collection of same as other taxes are collected, and provided that the rate of taxation under this Act shall not exceed one and five one-hundredths per centum per annum when the Mayor and City Council of Carrollton, through its collecting officer, shall be required to pay the same over to the treasurer of the board of education of said city

Page 2888

from time to time as necessary for the operation of said schools which shall then constitute a fund to be expended by said board in payment of all legitimate expenses in running, operation and maintenance of said schools. School tax. Section 2. Be it further enacted, that all laws, or parts of laws in conflict with this amendment are hereby expressly repealed. Section 3. Be it enacted and it is hereby enacted by authority of the Georgia Legislature that Section 1 of this bill is only to be in force during the year 1950, and it is further provided that Section 1 of this bill shall be null and void and of no effect beginning January 1, 1951. Operative only in 1950. To the People of the City of Carrollton: You are hereby notified that at the January session, 1950, there will be introduced in the legislature in the State of Georgia, a bill to increase the tax rate for school purposes for the schools of the City of Carrollton. D/1/4c Georgia, Carroll County: Before me an officer authorized to administer oaths this day comes Jewell R. Dean, who, being first duly sworn according to law, says that he is the owner and publisher of the Times-Free Press, the official organ in Carroll County, Georgia, in which sheriff's advertisements are published, and that the publication which is hereto attached to this sheet was published in said paper on the 1st day of December and that said publication ran for five (5) consecutive weeks thereafter, as provided by law. Jewell R. Dean Sworn to and subscribed before me this 4th day of February, 1950. Pauline Moore, Notary Public. (Seal) Approved February 17, 1950.

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CARROLLTON AD VALOREM TAX. No. 850 (House Bill No. 1117). An Act to amend an Act entitled, Carrollton Ad Valorem Tax Rate, approved August 14, 1917, amending an Act entitled, An Act to amend an Act establishing a new charter for the City of Carrollton, Georgia, approved September 9, 1891, so as to limit the ad valorem tax on all real and personal property within the incorporate limits of said city to fifty-five one-hundredths of one per centum per annum to defray the annual ordinary expenses of the city government of said city, by repealing Section One of said Act approved August 14, 1917, entitled Carrollton Ad Valorem Tax Rate No. 86, found on page 554 of the Georgia Laws, 1917; and the same is hereby repealed, and that the following section is hereby enacted and inserted in lieu thereof: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section One of the above recited Act, as it appears on page 555 of Georgia Laws of 1917, be and the same is hereby amended, so as to read as follows: Sec. 1. Act of 1917, amended. Section 1. The Mayor and City Council of the City of Carrollton, Georgia, shall have full power to levy and collect ad valorem tax on real and personal property within the incorporate limits of said city, to defray the ordinary annual expenses of the city government, said tax not to exceed sixty-five onehundredths of one per centum per annum, to become effective at and from the passage of this Act. Ad valorem rate. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Be it enacted and it is hereby enacted by authority of the Georgia legislature that Section 1 of this bill is only to be in force during the year 1950, and it is further provided that Section 1 of this bill shall be null and void and of no effect beginning January 1, 1951. Operative only in 1950.

Page 2890

Notice of Proposed Legislation. To the People of the City of Carrollton: You are hereby notified that at the January session, 1950, there will be introduced in the legislature in the State of Georgia, a bill to increase the tax rate for the general fund for the operation of the City of Carrollton. Georgia, Carroll County: Before me an officer authorized to administer oaths this day comes Jewell R. Dean, who, being first duly sworn according to law, says that he is the owner and publisher of the Times-Free Press, the official organ in Carroll County, Georgia, in which sheriff's advertisements are published, and that the publication which is hereto attached to this sheet was published in said paper on the 1st day of December and that said publication ran for five (5) consecutive weeks thereafter, as provided by law. (s) Jewell R. Dean. Sworn to and subscribed before me this 4th day of February, 1950. (s) Pauline Moore, (Seal) Notary Public. Approved February 17, 1950. SAVANNAHMINIMUM COMPENSATION, FIRE AND POLICE DEPARTMENTS. No. 851 (House Bill No. 1119). 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; repealing all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority aforesaid, that from and after the passage of this Act that the minimum salary and/or wage for members of the fire and police departments of the City of Savannah shall not be less than $190.00 per month. Minimum compensation, fire and police departments.

Page 2891

Be it further enacted that in addition to said minimum pay of $190.00 per month each member of the fire and police department shall receive minimum increases in compensation and/or wages on the following basis: a. At the expiration of six months an increase of $5.00 per month. b. At the expiration of twelve months an increase of $7.50 per month. c. At the expiration of eighteen months an increase of $10.00 per month. d. At the expiration of five years an increase of $12.50 per month. So that members of the fire and police departments shall receive the following schedule of salaries and/or compensation. e. Any member who has served for six months shall receive a minimum salary of $195.00. f. Any member who has served for twelve months shall receive a minimum salary of $202.50. g. Any member who has served for eighteen months shall receive a minimum salary of $212.50. h. Any member who has served for five years shall receive a minimum salary of $225.00. Be it further enacted that all members of fire and police departments who are now serving as such shall receive the benefit of said increase in addition to said base pay as of the time of the approval of this Act; and each member of the fire and police department shall receive increases for the number of years or period of time served prior to the approval of this Act, but said increase shall not be retroactive. The schedule of increases for length of service set forth in Section Two (2) shall be construed and are the minimum increases for length of service. The Mayor and Aldermen of the City of Savannah may at any time increase the amounts payable for length of service. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Page 2892

State of Georgia, Chatham County. Personally appeared before me the undersigned officer, duly authorized under the laws of Georgia to administer oath, Herman Exley who on oath deposes and says that he is Advertising Clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Notice to the Public. State of Georgia, Chatham County: To whom it may concern: Notice is hereby given that at the continuation of the regular session of the General Assembly of the State of Georgia of 1949 which was recessed on the 19th day of February, 1949, to reconvene on the 16th day of January, 1950, there will be introduced and offered for passage in the General Assembly a bill to amend the charter of the Mayor and Aldermen of the City of Savannah which has heretofore been amended. Said bill affecting the corporate limits of the City of Savannah, the jurisdictional limits of the City of Savannah, the taxing powers of the City of Savannah, affecting the various departments of the City of Savannah, affecting the commissions and boards of the City of Savannah, streets and highways of the City of Savannah, licensing powers of the City of Savannah, zoning and planning powers of the City of Savannah, and affecting any and all powers of the City of Savannah which might be lawfully affected by changes in the charter powers of the Mayor and Aldermen of the City of Savannah, and for other purposes. Owen H. Page, Jr., John S. Hood, Jr., George H. McGee, Spence M. Grayson, has been published in said Savannah Evening Press, once a week for 3 weeks, to wit, in the regular issues of Dec. 17-24-31, 1949. Herman Exley.

Page 2893

Sworn to and subscribed before me this 1st day of February, 1950. Viola F. Schwoab, (Seal) Notary Public, Chatham County, Ga. Approved February 17, 1950. SHERIFF'S SALARY IN CERTAIN COUNTIES. No. 852 (House Bill No. 1126). An Act to authorize and direct the commissioners of roads and revenues or other county authority in all counties in the State of Georgia having a population of 200,000 or more according to the United States census of 1940 or any future United States census to pay the sheriff of such county an annual salary of not less than eight thousand ($8,000.00) dollars nor more than ten thousand ($10,000.00) dollars per annum, payable in monthly installments, the exact amount of said salary between these limits to be fixed from time to time by the county authority; to provide an effective date for this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. From and after the passage and approval of this Act, the commissioners of roads and revenues or other county authority of all counties of this State having a population of 200,000 or more according to the United States census of 1940 or any future United States census are authorized and directed to pay to the sheriff of such county an annual salary of not less than eight thousand ($8,000.00) dollars nor more than ten thousand ($10,000.00) dollars per annum, payable in monthly installments, the exact amount of said salary within these limits to be fixed from time to time by the board of commissioners of roads and revenues or other county authority having control of the expenditure of county funds in such counties. Sheriff's salary in certain counties. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective immediately upon its passage and approval by the Governor. Effective date.

Page 2894

Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1950. COUNTY OFFICERSPRIMARIES IN CERTAIN COUNTIES. No. 853 (House Bill No. 1099). An Act to provide the time at which primary elections for nominating candidates for county offices shall be held in counties in this State having a population of 200,000 or more according to the last 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 the same: Section 1. This Act shall apply to all of the counties in this State having a population of 200,000 or more according to the last or any future United States census. Counties where applicable. Section 2. Whenever any political party shall hold a primary election in any of said counties to nominate candidates for county offices who are to run in a regular or general election, such party or its authority shall cause all candidates for its nominations for county offices to be voted on at such time as may be fixed by the county executive committee of such party; provided said executive committee shall not fix the date for such county primary to nominate candidates for county offices earlier than September 1st nor later than October 31st of any year after 1950. Primary elections for county officers in certain counties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1950.

Page 2895

LAND SUBDIVISIONS IN CERTAIN COUNTIES. No. 854 (House Bill No. 1093). An Act to amend an Act approved March 24, 1939 entitled An Act to grant to the commissioner of roads and revenues or other authority having charge of the fiscal affairs in all counties of this State having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 or any future census, to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road and the subdivision of property and to provide for the punishment of violation and for other purposes be amended so as to strike from the caption of said Act and from Section 1 thereof the following language having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 and insert in lieu thereof in both the caption and in Section 1 of said Act the following language having a population of not less than 86,000 and not more than 88,000 inhabitants according to the U. S. census of 1940 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 the Act the Act approved March 24, 1939, entitled as follows: An Act to grant to the commissioner of roads and revenues or other authority having charge of the fiscal affairs in all counties of this State having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 or any future census, to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road and the subdivision of property and to provide for the punishment of violation and for other purposes be and the same is hereby amended by striking from the caption of said Act the following language having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 and inserting in lieu thereof the following language having a population of not less than 86,000

Page 2896

and not more than 88,000 inhabitants according to the U. S. census of 1940 so that the caption of said Act when amended shall read as follows: An Act to grant to the commissioner of roads and revenues or other authority having charge of the fiscal affairs in all counties of this State having a population of not less than 86,000 and not more than 88,000 inhabitants according to the U. S. census of 1940 or any future census, to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road and the subdivision of property and to provide for the punishment of violation and for other purposes. Act of 1939 amended. Section 2. Be it further enacted by the authority aforesaid that Section 1 of said Act be amended by striking therefrom the following language having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 and inserting in lieu thereof the following language having a population of not less than 86,000 and not more than 88,000 inhabitants according to the U. S. census of 1940 so that said Section 1 when so amended shall read as follows: Sec. 1 amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same that from and after the passage of this Act before any street or road in said county is opened or any existing street or road is extended or before any new subdivision for residences, business or industrial use is made in any county in this State having a population of not less than 86,000 and not more than 88,000 inhabitants according to the U. S. census of 1940 or any future census, the person or persons proposing to open such streets or roads or such new subdivisions shall submit to the commissioner of roads and revenues of such county or other authority having charge of the fiscal affairs, a detailed plan of same with blue prints and other necessary data, including the restrictions to be imposed or created on said property, which he may require. It shall be the duty of such commissioner of roads and revenues or other county authority 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,

Page 2897

material, location, grades and manner of laying of water mains and sewer lines, and the size and number of lots in such subdivision and before any such streets, alleys and roads shall be opened and before the sale of any property in any such subdivision shall be made, commissioner of roads and revenues or other county authority shall approve same and such approval shall be entered on the minutes of his office. Plans of proposed subdivisions. 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. Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before me the undersigned, W. H. McWhorter, Representative from DeKalb County, Georgia, author of attached bill who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for DeKalb County are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the undersigned intends to apply for passage of local legislation at the next session of the General Assembly which meets in January, 1950, to amend an Act approved March 24, 1939, (Ga. Laws 1929, page 368) which Act is entitled as follows:

Page 2898

An Act to grant to the commissioner of roads and revenues or other authority having charge of the fiscal affairs in all counties of this State having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 or any future census, to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, the opening or extension of any street or road and the subdivision of property and to provide for the punishment of violations and for other purposes. so as to strike from the caption of said Act and from Section 1 thereof the following language having a population of not less than 70,000 and not more than 71,000 inhabitants according to the U. S. census of 1930 and inserting in lieu thereof in both the caption and in Section 1 of said Act the following language having a population of not less than 86,000 and not more than 88,000 inhabitants according to the U. S. census of 1940 and for other purposes. J. A. McCurdy DeKalb Co. Atty. This 1 day of February 1950. (s) W. H. McWhorter. Sworn to and subscribed before me this 1st day of February 1950. (s) Gwendolyn B. Painter, Notary Public. Notary Public, Georgia, State at Large. My commission expires Feb. 3, 1950. Approved February 17, 1950. DEKALB COUNTY COMMISSIONERBUDGET AND STATEMENTS TO GRAND JURY. No. 855 (House Bill No. 1094). An Act to amend an Act approved August 21, 1906 entitled an Act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb; to prescribe his powers,

Page 2899

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, so as to provide that the Commissioner of Roads and Revenues of DeKalb County shall submit a budget and a statement of receipts and expenditures relating to such budget periodically to each grand jury of said county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that from and after the date of the passage of this Act the Act approved August 21, 1906 entitled as follows: An Act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb; to prescribe his powers, 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 be amended so as to add to Section 8 of said Act at the end thereof, the following: Said commissioner of roads and revenues shall on or before February 15th of each year submit a budget giving in detail the estimated receipts of funds to the county from all sources and the estimated expenditures to be made in each office and department of the county administration to the grand jury then in session or to the first grand jury empanelled thereafter and said commissioner of roads and revenues shall also submit to all other grand juries empanelled during the year a copy of said budget together with a statement of actual receipts and expenditures as related thereto, so that said Section 8 when amended, shall read as follows: Sec. 8, Act of 1906, amended. Section 8. In his annual reports to the grand jury, which are hereby required to be made at the spring term of DeKalb Superior Court, and which shall cover his administration of county affairs up to and including December 31st of the year preceding, it shall be the duty of the commissioner of roads and revenues to recommend to the grand jury such changes in the laws provided for the government of the county as he may deem proper, together with such recommendations as to county affairs or their administration as may seem to him wise and proper, to the end that through this medium the citizens of the county may be thoroughly informed as to their county affairs. Said commissioner of roads and revenues shall on or before

Page 2900

February 15th of each year submit a budget giving in detail the estimated receipts of funds to the county from all sources and the estimated expenditures to be made in each office and department of the county administration to the grand jury then in session or to the first grand jury empanelled thereafter and said commissioner of roads and revenues shall also submit to all other grand juries empanelled during the year a copy of said budget together with a statement of actual recipts and expenditures as related thereto. Recommendations to grand jury. Budget. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Section 3. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before me the undersigned W. H. McWhorter, Representative from DeKalb County, Georgia, author of attached bill who after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for DeKalb County are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the undersigned intends to apply for passage of local legislation at the next session of the General Assembly which meets in January, 1950, to amend an Act

Page 2901

approved August 21, 1906 (Ga. Laws 1906, page 405) which Act is entitled as follows: An Act to authorize the election of a Commissioner of Roads and Revenues for the County of DeKalb; to prescribe his powers, 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, so as to provide that the Commissioner of Roads and Revenues of DeKalb County shall submit a budget and a statement of receipts and expenditures related to such budget periodically to each grand jury of said county. J. A. McCurdy, DeKalb County Attorney. This the 1 day of February, 1950. (s) W. H. McWhorter. Sworn to and subscribed before me this 1st day of February, 1950. (s) Gwendolyn B. Painter, Notary Public. Notary Public, Georgia, State at Large. My commission expires Feb. 3, 1950. Approved February 17, 1950. APPROPRIATION TO HONORABLE W. J. BUSH. No. 807 (House Bill No. 873). A RESOLUTION. Whereas, Honorable W. J. Bush is the sole surviving Confederate veteran in the State of Georgia; and Preamble. Whereas, said W. J. Bush is 105 years of age and has no adequate means of support; and Whereas, the house of said W. J. Bush is mortgaged in the sum of $2,000.00, which mortgage the said W. J. Bush is unable to pay; and

Page 2902

Whereas, Honorable W. J. Bush is the only living link between General Robert E. Lee and the present, and performed a great service to his State; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that in recognition of the facts set out above and as a tribute to Georgia's sole surviving Confederate veteran, the sum of $2,000.00 is hereby appropriated to the said Honorable W. J. Bush, to be used for the payment of said mortgage. Said funds shall be payable from any lawful funds in the treasury of the State of Georgia not otherwise appropriated, and said sum shall be payable when the budget authorities of the State of Georgia may determine that such funds are available. Payment authorized. Approved February 17, 1950. COMPENSATION TO MR. MARION MURPHY FOR DAMAGE TO AUTOMOBILE No. 69 (House Resolution No. 142-856b). A RESOLUTION. Whereas, on the 28th day of May, 1947, at about 4:00 o'clock, p. m. on Georgia State Highway No. 53, near the point where said highway crosses the Chestatee River, the automobile of Mr. Marion Murphy, while being legally operated by him, was struck and injured by a State Highway Motor Patrol, damaging said automobile, a 1942 Ford Sedan, in the sum of $483.15, and Preamble. Whereas, said damages resulted from the negligence of the operator of said Highway Department Motor Patrol in suddenly swerving said motor patrol from the east side of said highway to the west side thereof, across and into the side of Mr. Murphy's automobile, suddenly and without warning, said Marion Murphy being on his right side of said highway, driving at a reasonable rate of speed, to wit: 45 miles per hour, and being without fault on his part, and

Page 2903

Whereas no reimbursement has been made to the said Marion Murphy, and it is only right and proper that he be reimbursed for his damages incurred by reason of the negligence of an employee of the State Highway Department in the performance of his work. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department be and it is hereby ordered and directed to pay to Marion Murphy the sum of $483.15 as compensation for the injuries and damages set forth in this resolution. Said payment to be made from funds available to said department and to be in full settlement of said claim as the claim of a citizen of Georgia. Payment authorized. Approved February 17, 1950. PAYMENT OF COSTS IN HABEAS CORPUS PROCEEDING, TO CLERK OF TATTNALL SUPERIOR COURT AND REIDSVILLE CITY COURT. No. 71 (House Resolution No. 166-946a). A RESOLUTION. Whereas, a great number of habeas corpus proceedings are handled in the Superior Court of Tattnall County and the City Court of Reidsville due to the fact that Tattnall State Prison is located in Tattnall County; and Preamble. Whereas, the Clerk of the Superior Court of Tattnall County and City Court of Reidsville is required to perform all the duties connected with such proceedings in addition to the normal flow of work; and Whereas, the additional duties required of him by virtue of such habeas corpus proceedings place an undue burden upon said clerk; and Whereas, the great majority of the petitioners in said habeas corpus proceedings due to their poverty are unable to pay costs in such proceedings; and

Page 2904

Whereas, there are no provisions of law under which said clerk may be compensated for this great amount of extra, burdensome work; and Whereas, there are twenty-four habeas corpus cases in the Superior Court of Tattnall County and the City Court of Reidsville for which said clerk has not been paid costs, which costs amount to a total of $794.75; and Wheras, Honorable John H. Kicklighter is the Clerk of both the Superior Court of Tattnall County and the City Court of Reidsville: Now, there therefore be it Resolved, by the House of Representatives, the Senate concurring, that Honorable John H. Kicklighter, Clerk of the Superior Court of Tattnall County and the City Court of Reidsville be compensated in the amount of $794.75, which amount is the total of costs due in habeas corpus proceeding in both of said courts, and that the State Board of Corrections is hereby authorized and directed to pay said sum out of the appropriations provided for said board. Payment authorized. State Board of Corrections State Capitol Atlanta, Georgia. In account with Johnie H. Kicklighter Clerk of Superior and City Courts Reidsville, Georgia John Davis In Tattnall Sup. Court vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50

Page 2905

Charles Emmitt Wren In Tattnall Sup. Court vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 Clyde Loftin In C. C. of Reidsville, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 Robert Lee McCollum In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 Mrs. J. E. Kicklighter In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing plea .50 Filing answer .50 Filing traverse .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 9.50

Page 2906

S. S. Robinson In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 100.00 Transcribing record 8.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $120.00 Golden Booth In C. C. of Reidsville, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 3.00 Transcribing record 87.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $102.00 Georgia McKay In C. C. of Reidsville, vs. R. P. Balkcom, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing demurrer .50 Filing answer .50 Recording judgment 2.00 Filing bill of exceptions .50 Transcribing record for Supreme Court 4.50 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $ 16.00

Page 2907

Joseph Nastasi In C. C. of Reidsville, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Filing amendment .50 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 9.00 Transcribing record 12.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $ 33.50 Nacomis Morris In C. C. of Reidsville, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing demurrer .50 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 2.00 Transcribing record 14.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $ 28.00 Louise Andrews In C. C. of Reidsville, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing plea .50 Filing answer .50 Filing 2 amendments 1.00 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 3.00 Transcribing record 250.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $275.50

Page 2908

Willis Barnes In C. C. of Reidsville, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 2.00 Transcribing record 13.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $ 27.00 J. F. Wilkes In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Filing bill of exceptions .50 Copying bill of exceptions 5.00 Transcribing record 12.00 2 certificates and seals 2.00 Recording remittitur 1.00 Sheriff serving 1 copy 3.00 $ 29.00

Page 2909

Ernest W. Coursey In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing demurrer .50 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 9.00 Betty Kinchen In C. C. of Reidsville, vs. A. C. Aderhold, Warden Hebeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 Charles W. Van Buren, Jr. In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 Leland Harvey In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing demurrer .50 Filing answer .50 Recording Judgment 2.00 Filing bill of exception .50 Transcribing record for Supreme Court 4.00 1 certificate and seal 1.00 Sheriff serving 1 copy 3.00 $ 14.50

Page 2910

Norman C. Nusser In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 Albert V. Dodd In Tattnall Sup. Court, vs. A. C. Aderhold, Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing demurrer .50 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 9.00 Carlos Bland In Tattnall Sup. Court, vs. R. P. Balkcom, Jr., Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Recording judgment 2.00 Sheriff serving 1 copy 3.00 $ 8.50 George W. Solesbee In Tattnall Sup. Court, vs. R. P. Balkcom, Jr., Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing demurrer .50 Filing answer .50 Recording judgment 2.00 Filing paupers affidavit .50 Filing bill of exception .50 $ 7.00

Page 2911

S. E. Crider In Tattnall Sup. Court, vs. R. P. Balkcom, Jr., Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Filing order .50 Filing bill of exception .50 Recording judgment 2.00 Transcribing record 13.00 2 certificates and seals 2.00 Sheriff serving 1 copy 3.00 $ 24.50 Blackwell Gunn In Tattnall Sup. Court, vs. R. P. Balkcom, Jr., Warden Habeas corpus petition, Filing and docketing $ 3.00 Filing answer .50 Recording judgment 2.00 Filing bill of exception .50 Transcribing record 5.75 Certificate and seal 1.00 Sheriff serving 1 copy 3.00 $ 15.75 Eria Bell Moore In Tattnall Sup. Court, vs. R. P. Balkcom, Jr., Warden Habeas corpus petition, Filing and docketing petition $ 3.00 Filing answer .50 Sheriff serving 1 copy 3.00 $ 6.50 $794.75

Page 2912

State of Georgia, County of Tattnall. I, Johnie H. Kicklighter, Clerk of the Superior Court of Tattnall County and of the City Court of Reidsville, do hereby certify that the within and foregoing is a true and correct bill of costs due in the within-stated cases. I further certify that each of said cases was tried in the courts shown herein and that the petitioners named therein were unable because of their poverty, to pay the costs in said cases. This Jan. 21, 1950. (s) Johnie H. Kicklighter (seal) CSC, Tattnall Co. Ga. Approved February 17, 1950. COMPENSATION TO JOHNSON MOTOR COMPANY FOR DAMAGE TO AUTOMOBILE. No. 87 (House Resolution No. 125-784c). A RESOLUTION. Whereas, on March 25, 1948, Dr. W. J. Peeples, then a resident of Troup County, Georgia, was driving a motor vehicle belonging to Johnson Motor Company of LaGrange, LaGrange, Georgia, on U. S. Highway No. 29 in or near the City of West Point, Georgia, said vehicles being a 1946 Pontiac sedan; and Preamble. Whereas, Ernest Trice, Jr., an employee of the State Highway Department of Georgia, was then and there driving a 1946 Ford 1 ton truck belonging to said department, said employee being then and there on the business of said department; and Whereas, such truck and the passenger automobile being driven as aforesaid, collided and said collision was caused by the negligence of the said driver of the said truck, as will appear by reference to report on file with the Department of Public Safety, said report being dated March 26, 1948, and signed by Troopers Bailey and Tuggle; and

Page 2913

Whereas, the damages to said vehicle belonging to the said Johnson Motor Company of LaGrange amounted to the sum of $524.15, that being the amount expended on the repair of said vehicle belonging to Johnson Motor Company of LaGrange, the said sum spent for repair of said vehicle being the lowest competitive bid for doing the necessary repair work on said vehicle. Now, therefore, be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that the State Highway Department of Georgia, be, and it is, authorized to pay to said Johnson Motor Company of LaGrange, the sum of $524.15 to cover the damages done to said vehicle belonging to it. Payment authorized. Approved February 17, 1950. COMPENSATION TO MRS. OLIVIA GLASS FOR DAMAGE TO HOUSE. No. 97 (House Resolution No. 23-139b). A RESOLUTION. Whereas, on the 27th day of September, 1947, the right front porch corner, a brick column and the roof of said porch on the house belonging to Mrs. Olivia Glass in the City of Stockbridge, Henry County, Georgia, was damaged by an automobile belonging to the Georgia State Patrol running into the right hand front corner of said porch and house causing damage in the amount of $152.65, and Preamble. Whereas, such injuries to said house resulted from the negligence of a State Patrolman of the Georgia State Patrol of the Department of Public Safety of Georgia while operating an automobile of the State of Georgia at an excessive rate of speed, which has been admitted by said State Patrolman, while going around an S curve at 80 miles per hour he attempted to pass another vehicle and ran off of the pavement, lost control of his vehicle, hit a power pole, and then into the house of Mrs. Olivia Glass, doing the damage stated above, the said injuries to said house being caused without any fault on the part of Mrs. Olivia Glass, and

Page 2914

Whereas, Mrs. Olivia Glass has not received any payment for such injuries to her house, and it is only right and proper that she be reimbursed for the expenses incurred by her by reason of said accident caused by the negligence of said patrolman, Now therefore be it resolved by the House of Representatives, and the Senate concurring, the Department of Public Safety is hereby ordered and directed to pay to Mrs. Olivia Glass the sum of $152.65 in compensation for the damages to the house as above set forth. The payment shall be made from the funds available to said department. Said party being a resident of and citizen of this State, said amounts when paid are to be in full satisfaction of said claim. Payment authorized. Approved February 17, 1950. CAPTAIN WILLIAM A. FULLER POSTHUMOUS AWARD OF MEDAL. No. 98 (House Resolution No. 127-784e). A RESOLUTION. Pursuant to the recommendation of Governor Joseph E. Brown, in a message to the General Assembly of Georgia, dated November 6, 1862, Whereas, on April 12, 1862, Federal soldiers in disguise seized the passenger train of Captain William A. Fuller, conductor, at Big Shanty, (now Kennesaw), Georgia, with the full purpose of burning the bridges and destroying the track of the Western Atlantic Railroad between that point and Chattanooga, Tennessee, thus severing the main artery of supply from the southward, for the Confederate forces in Tennessee; Preamble. And whereas, because of initiative and persistence above and beyond the call of duty by Captain William A. Fuller and others associated with him from time to time in different phases of the pursuit, extensive destruction of State property was circumvented, thereby securing to the State of Georgia a saving of vital and critical war material, and to the Confederate

Page 2915

Government transportation and communication lines essential to effective war operations; And whereas, in recognition of said accomplishment, Governor Joseph E. Brown, on November 6, 1862, sent a message to the General Assembly reading as follows: The people of the State have been informed through the medium of the public press of the facts connected with the daring attempt made by a band of spies sent by the authority of the enemy to burn the bridges on the W A Railroad. The conduct of Mr. Fuller, the conductor, and of some others in the hazardous pursuit, while the spies were in possession of the train, deserves the highest commendation and entitles them to consideration of the General Assembly. I therefore, recommend the appointment of a committee of the two houses to inquire into the facts and report upon them, and that such medals or other public acknowledgment be awarded to the parties whose conduct was most meritorious, as will do justice to their services and stimulate others to like deeds of daring when necessary for the public security. (Message of Governor Joseph E. Brown, House Journal 1862, p. 15, November 6, 1862.) And whereas, in the turmoil and confusion incident to the period of the War Between the States, the recommendation of Governor Brown was never carried out; Now, therefore, be it resolved by the General Assembly of Georgia, the House of Representatives and the Senate concurring, that the Secretary of State shall prepare an appropriate gold medal commemorating this deed of valor and pay for the same out of the funds allocated to the Archives and History Division of his office, as appropriated in the general appropriation Act of 1949 or out of the fees currently received by the Secretary of State for varied services. Medal. Be it further resolved that said medal when struck, shall be awarded by the Governor or by a committee representing the State of Georgia appointed by the Governor, posthumously to Captain William A. Fuller and presented to the oldest surviving member of the family of Captain William A. Fuller. Presentation. Be it further resolved that honorable mention be made herein

Page 2916

of the following men, who so ably and fearlessly supported Captain William A. Fuller from time to time in different phases of the pursuit: Steve Stokely of Cobb County, Jeff Cain, Anthony Murphy, Peter J. Bracken, Fleming Cox, Alonzo Martin, Jackson Bond and Henry Haney. Approved February 17, 1950. COMPENSATION TO MRS. MARTHA H. ELLINGTON FOR DAMAGE TO AUTOMOBILE. No. 99 (House Resolution No. 163-924a). A RESOLUTION. To compensate Mrs. Martha H. Ellington for damages to her automobile resulting from an accident when hit by a car owned by the Department of Public Safety and driven by a member of the George State Patrol; that Whereas, on January 6, 1950 Martha H. Ellington (Mrs. Milton) of Thomaston, Georgia was driving her 1946 Chevrolet sedan when she was hit at the intersection of Green and Thurston Streets in Thomaston, Georgia by a State Patrol car driven by Corporal Charles A. Finger, a member of the Georgia State Patrol, and owned by the Department of Public Safety; and that Preamble. Whereas, the investigator's accident report of file in the Department of Public Safety shows that the car driven by the member of the Georgia State Patrol was traveling West on Thurston Street when he approached Green Street, where there is a stop sign; that he stopped his car and looked north and did not see any traffic; the southern part of Green Street was obscured by shrubbery, therefore, he eased his vehicle out into Green Street and saw that there was traffic coming from the south traveling north and he started on across Green Street when he collided with the car driven by Mrs. Ellington; that he did not see Mrs. Ellington's car approaching; that there was a grade approximately one hundred yards north of the intersection; and that

Page 2917

Whereas, Mrs. Ellington's car was damaged as a result of said collision in the sum of two hundred dollars ($200.00), as further shown by the investigator's report of file in the Department of Public Safety; and that Whereas, it appears that the accident which resulted in damages to Mrs. Ellington's automobile was caused by obstruction of view of the road, a grade within a short distance of the intersection, and the inability of the State Patrolmen to see the approaching traffic, it is therefore, Resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and it is hereby ordered and directed to pay to Mrs. Martha H. Ellington, Thomaston, Georgia, the sum of two hundred dollars ($200.00) as compensation for the damages to her 1946 Chevrolet sedan on January 6, 1950 as the result of said accident. The payment of said sum shall be made from the funds available to the Department of Public Safety. Payment authorized. Approved February 17, 1950. COMPENSATION TO MR. H. R. SELLARS FOR PERSONAL INJURIES. No. 100 (House Resolution No. 174-969b). A RESOLUTION. Whereas on the 27th day of August 1948, while traveling in his Ford truck on State Highway No. 38 about three miles east of Cairo in Grady County, Georgia, H. R. Sellars, received personal injuries which necessitated doctor bills and medical bills to said H. R. Sellars the amount incurred being $18.00 for said bills, and Preamble. Whereas such injuries to said party resulted from the negligence of an employee of the State Highway Department, acting at the time within the scope of his employment and in and about the business of the State Highway Department, while operating a motor truck belonging to the State of Georgia in a reckless and negligent manner, in that the driver while

Page 2918

asleep, which he admitted, pulled over the center of the road directly in front of and into the Ford Truck of the said H. R. Sellars damaging his said truck in such a manner as to require the same to be repaired at a cost of $328.77 to the said H. R. Sellars, and at the time of the collision the said H. R. Sellars was free from fault, in that he was driving on his side of the road in a legal manner and could not avoid being struck by said truck, this driver of the said Highway truck, Carl Moore McGahee, was charged with reckless driving as a result of said collision, plead guilty, giving as a reason for crossing over the center of said highway and into H. R. Sellars' truck, that he was asleep at the time and place of the collision. Whereas no part of the sums before set out have been paid and it is only right and proper that said party be reimbursed for the expenses incurred to him by reason of said accident caused by the negligence of the driver of said State Highway truck. Now therefore be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department, is hereby authorized to pay out of any available fund to H. R. Sellars the sum of $346.77 as compensation for the injuries and damages above set forth. Said party being a citizen of this State, said sums when paid are to be in full satisfaction of claims. Payment authorized. Approved February 17, 1950. COMPENSATION TO MR. JOHN D. GARVIN FOR PERSONAL INJURIES. No. 101 (House Resolution No. 176-969d). A RESOLUTION. To compensate John D. Garvin for medical and hospital expenses, pain and suffering and loss of time by reason of injuries he received on January 5th, 1949 when State Highway two-ton truck, with long boy trailer, State license plate 1948 Georgia 31, driven by Ralph Stevens, age 35, 955 Beman Street, a

Page 2919

employee of the State Highway Department of Georgia as its agent, injured said Garvin by reason of a swinging pipe that extended from off the truck on to the shoulder of U. S. Highway No. 78, Milledgeville Road, in Richmond County, Georgia, which pipe struck and critically injured said Garvin, and to direct and require payment of compensation from the funds available to the Highway Department of the State of Georgia. Whereas, John D. Garvin, white, 73 years of age, was walking west on the south side of U. S. No. 78, Milledgeville Road, on the shoulder of said highway and off the pavement thereof and where he should have been and had a right to walk as a pedestrian, at a point approximately five miles from the city limits of the City of Augusta near Rock Creek Bridge on said highway, on January 5th, 1949, and Whereas, truck No. 31, owned and operated by the State Highway Department of Georgia and driven by Ralph Stevens as its agent and servant at work for said department at said time, in the performance of his duties, was traveling east on said highway, and Whereas, a piece of iron pipe had swung from off the said truck while it was so traveling, all unknown to said driver of said truck, and was extending across the shoulder of said road as the truck proceeded east, on which said Garvin was walking, and said pipe so swinging from said truck while the truck was moving, struck down the said Garvin, breaking his left leg and his left arm and causing a general abrasion and bruising and sprains of his body, the truck proceeding then, before it could be stopped, until the swinging pipe hit the railing of the Rocky Creek Bridge, and Whereas, the said Garvin was completely disabled from his injuries receivedboth bones being broken in his left legand was rushed to the University Hospital, Augusta, Georgia, where a bill is charged to said Garvin and is unpaid, by reason of his said injuries, of $168.50 for hospitalization and all things incident thereto by reason of his injuries, from the date of his injuries through January 27th, 1949, and also due said University Hospital, charged to said Garvin, $8.00 for x-rays, and unpaid and charged to said Garvin is bill due Dr. Peter B. Wright, and Dr. John L. Chandler, Jr., medical doctors, who

Page 2920

treated and were the doctors for said Garvin by reason of his said injuries, in the sum of $200.00, and there is due the Central Georgia Brace Company, Macon, Georgia, charged to J. D. Garvin, the following. July 25, 1949 Order No. 0-134 J. D. Garvin P. O. Box 173, Augusta, Georgia 1 ea. Short Leg Brace with shoe change feature $40.00 Fore and Aft Lacer 15.00 Total $55.00 and, Whereas, the said driver of said truck, Ralph Stevens, is insolvent and has no funds whatsoever and a judgment against him would be worthless, and Whereas, the said John D. Garvin is not to blame for his injuries and all the things above referred to were as a result of the negligence of said State Highway Department truck and by its said agent, Ralph Stevens, and Whereas, the said John D. Garvin is penniless and was at the time of his injuries as he was a peanut vendor, selling peanuts that he would parch at his home and walk to the City of Augusta to sell his peanuts and return, a distance of approximately ten miles from his home, selling the peanuts by the package at ten cents a package, and Whereas, the said Garvin had a net income from said business of $20.00 per week, and Whereas, the said Garvin was totally and permanently disabled and during said period lost his entire income from the date of his injury until Nov. 22nd, 1949, and Whereas, said State Highway Department, through and by its attorney, T. V. Williams, has advised that it could not lawfully

Page 2921

pay any damage or damages or loss due to the injuries to the said Garvin, as a result of said Garvin having heretofore called on said Highway Department for payment of damages to him for his injuries, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department of the State of Georgia is hereby ordered and directed to pay to the said John D. Garvin the sum of $431.50 as the actual sums due by him by reason of said injuries for hospitalization, x-rays, doctor bills, brace for his broken leg, and the further sum of $2,000.00 by reason of the pain and suffering and injuries and disability as above stated, totaling $2,431.50; the payment of said sum being in full and complete satisfaction of all claims by reason of said injuries, and things incident thereto. Payment authorized. Approved February 17, 1950.

Page 2923

APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. WILLIAM Y. ATKINSON Presiding Justice HON. LEE B. WYATT Associate Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice HON. J. HAROLD HAWKINS Associate Justice HON. BOND ALMAND Associate Justice ARTHUR H. CODINGTON Reporter M. M. VIGNAUX Assistant Reporter KATHERINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk LEWIS E. 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. J. M. C. TOWNSEND Judge HON. CHARLES W. WORRILL Judge ARTHUR H. CODINGTON Reporter M. M. VIGNAUX Assistant Reporter WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk J. I. GUICE Sheriff

Page 2924

SUPERIOR COURT CALENDAR FOR 1950 JUDGES, SOLICITORS, AND CALENDAR. ALAPAHA CIRCUIT. HON. EDWIN R. SMITH, Judge, Nashville. EDWARD PARRISH, Solicitor-General, Adel. AtkinsonThird Mondays in February and July, and fourth Monday in October. BerrienSecond and Third Mondays in May, first and second Mondays in September, second Monday in March, and second Monday in 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 first Monday in September. MitchellSecond Mondays in April and October. ATLANTA CIRCUIT. HONS. VIRLYN B. MOORE, WALTER C. HENDRIX, E. E. ANDREWS, RALPH PHARR, GEORGE P. WHITMAN, SR., JESSE M. WOOD, CLAUDE D. SHAW, Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

Page 2925

ATLANTIC CIRCUIT. HON. MELVILLE PRICE, Judge, Ludowici. R. L. DAWSON, Solicitor-General, Ludowici. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May, second Monday in September, and first Monday in December. TattnallThird Mondays in April and October. 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. HOWELL BROOKE, Judge, Canton. JAS. T. MANNING, Solicitor-General, Marietta. 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 2926

BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS. Judge. Jesup. W. GLENN THOMAS. Solicitor-General. Jesup. ApplingThird and fourth Mondays in March and October. CamdenFirst Mondays in April and November. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst Mondays in March, June, and December, and fourth Monday in September WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. HON T. HICKS FORT. Judge. Columbus. HUBERT CALHOUN. Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisThird and fourth Mondays in January, and third and fourth Mondays in July. MarrionFourth Mondays in April and October. MuscogeeFirst Mondays in February, May, August, and November. TalbotSecond Mondays in March and September. TaylorFirst and second Mondays in January, and first and second Mondays in July. CHEROKEE CIRCUIT. HON. J. H. PASCHALL, Judge, Calhoun. WARREN AKIN. Solicitor-General, Cartersville. 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 2927

GordonFourth Mondays in February, May, August, and November. MurraySecond Mondays in February and August. WhitfieldThird Monday in January, first Monday in April, third 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. WRIGHT LIPFORD. Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August, and November. DUBLIN CIRCUIT. HON. J. ROY ROWLAND, Judge, Wrightsville. 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 2928

EASTERN CIRCUIT. HON. DAVID S. ATKINSON, Judge, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in January, March, May, July, September, and November. FLINT CIRCUIT. HON. FRANK B. WILLINGHAM, Judge, Forsyth. BEN B. GARLAND, Solicitor-General, Jackson. 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. JOHN J. FLYNT, JR., 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. LOOKOUT CIRCUIT. Effective date January 1, 1951. (See Ga. Laws 1950. p. 23). MACON CIRCUIT. HONS. MALLORY C. ATKINSON, Macon; A. M. ANDERSON, Perry, Judges.

Page 2929

CHARLES H. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonThird and fourth Mondays in April, third and fourth Mondays in August, and first and second Mondays in December. 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. MOUNTAIN CIRCUIT. HON. JOHN E. FRANKUM, Judge, Clarkesville. WINSTON OWEN, Solicitor-General, Toccoa. HabershamFirst Mondays in March and June, second Monday in August, and third Monday in November. RabunFourth Mondays in February and August, second Monday in June, and first Monday in December. StephensSecond Mondays in January, April, July and October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. NORTHEASTERN CIRCUIT. HON. HERBERT R. EDMONDSON, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Monday in March, first Monday in August, and first Monday in December.

Page 2930

HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. CLARK EDWARDS, JR., Judge, Elberton. CAREY SKELTON, Solicitor-General, Hartwell. 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. OCONEE CIRCUIT. HON. ESCHOL GRAHAM, Judge, McRae. ROGER H. LAWSON, Solicitor-General, Hawkinsville. BleckleyFirst Monday in March and second Mondays in July and November.

Page 2931

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. TreultonThird Mondays in February and August. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. J. L. RENFROE, Judge, Statesboro. WALTON USHER, Solicitor-General, Guyton. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. SerevenThird Mondays in May and November. PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. 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. PIEDMONT CIRCUIT. HON. CLIFFORD PRATT, Judge, Winder. HOPE D. STARK, Solicitor-General, Lawrenceville. BanksThird Monday in March, and second Monday in November.

Page 2932

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. H. E. NICHOLS, Judge, Rome. W. T. MADDOX, 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. J. B. EDWARDS, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July, and October. SOUTHWESTERN CIRCUIT. HON. WILLIAM M. HARPER, Judge, Americus. E. L. FORRESTER, Solicitor-General, Leesburg. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October.

Page 2933

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. W. C. FOREHAND, Judge, Sylvester. J. BOWIE GRAY, Solicitor-General, Tifton. 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. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Thomson. J. CECIL DAVIS, Solicitor-General, Warrenton.

Page 2934

GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. * * Until settled by court decision. 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. BaconFourth Monday in May and third Monday in November. BrantleyThird Monday in January, first Monday in April, third Monday in September, and fourth Monday in November. CharltonFirst Mondays in March and October. CoffeeSecond and third Mondays in March and October. PierceSecond Monday in January, first Mondays in May and December, third Monday in August. WareFourth Mondays in January, April, July, and October. WESTERN CIRCUIT. HON. HENRY H. WEST, Judge, Athens. D. MARSHALL POLLOCK, Solicitor-General, Monroe. ClarkeSecond Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.

Page 2935

INDEX A ACADEMY FOR THE BLIND Sale of part or whole, accommodations for Negroes, authorized; a resolution 499 ACCOUNTANTS See Certified Public Accountants . ADEL Charter repealed; referendum 2606 New charter 2834 ADOPTION OF CHILDREN Consent of parents, when not required 289 AGRICULTURE, DEPARTMENT OF Appropriations 356 ALAPAHA Tax rate 2780 ALBANY Insurance of employees 2149 School system, merger with that of Dougherty County; proposed amendment to the Constitution 465 ALIENS Medical licenses; Code 84-927 amended 362 ALLATOONA DAM AREA Appropriations to Parks Department 358 , 364 Developments; resolutions 509 , 510 ALMA Mayor and councilmen 2634 ALPHARETTA Officers, taxation; charter amendments 2269 AMERICUS Retirement system 2230 Tax rates, charter amendments 2228

Page 2936

APPROPRIATIONS See table, p. 2965. General Appropriations Act amended (1949 extra session) 21 ATHENS Pension and retirement system 2242 ATLANTA Appraisal of taxable property in Fulton County and City of Atlanta 2787 City school system, added territory; proposed amendment to the Constitution 458 City taxes collectible by Fulton County official; proposed amendment to the Constitution 441 Fulton County School District debt; proposed amendment to the Constitution 456 Corporate limits 2623 , 2646 , 2736 , 2784 , 2795 , 2855 Employees, group and health insurance 2632 Homestead exemption; proposed amendment to the Constitution 443 Independent governmental authorities in City of Atlanta and Fulton County; proposed amendment to the Constitution 488 Recorder's court; amendments 2267 ATLANTA-FULTON COUNTY LOCAL GOVERNMENT COMMISSION Amendments 2646 ATLANTA JUDICIAL CIRCUIT Judges' salaries, supplement by Fulton County; proposed amendment to the Constitution 474 Solicitor-General's compensation 2008 ATTORNEY AT LAW See Bar Examinations. ATTORNEYS-GENERAL, ASSISTANT Compensation 225 AUGUSTA Absentee voting 2588 Fire department, off-duty day 2130 AUGUSTA, MUNICIPAL COURT OF Salaries of judge, clerk, sheriff, etc. 2642 AUTOMOBILE MILEAGE ALLOWANCE. See State Employees.

Page 2937

B BACON COUNTY Commissioners 2672 BAINBRIDGE Pension and retirement system 2483 BALDWIN COUNTY Board of Education; proposed amendment to the Constitution 462 BANKING DEPARTMENT Employees included in merit system 227 BANKS Purchase of stocks and investment securities; Code 13-2023 amended 18 BAR EXAMINATIONS Qualifications of applicants; Code 9-103 amended 173 BARTOW Tax rates 2815 BEER See Malt Beverages. BERLIN New charter 2398 BIBB COUNTY Acts affecting; proposed amendment to the Constitution 434 Flood control, Ocmulgee River 2119 Pension and retirement plan; proposed amendment to the Constitution 431 BIBB COUNTY, CIVIL COURT OF Changed from Municipal Court City of Macon; costs 2317 BIBB TRANSIT COMPANY Conveyance of land to, by City of Macon, confirmed 2053 BILLS OF SALE TO SECURE DEBT See Recordation.

Page 2938

BLAKELY CITY COURT Jurisdiction; judge's salary 2227 BLIND PERSONS See Academy for the Blind Assistance checks 287 County payments in aid 314 Special walking stick 423 BLUE RIDGE CIRCUIT Judge's salary 102 BLUFFTON Intoxicating liquors 2598 BOARD OF REGENTS See University System Easements to, authorized, Hard Labor Creek State Park 292 BOARD OF HEALTH Rules and regulations, violation misdemeanor 190 BOARDS OF EDUCATION See Table of Proposed Amendments to the Constitution , p. 2965. Certain counties; compensation of chairman and members in counties of 8,590 to 8,600 2051 BRIDGES See Savannah River. BROKERS Real estate brokers; licenses; Code 84-1401 and 84-1409 amended 278 BRUNSWICK Charter amendments 2770 BUFORD City manager; charter amendments 2105 BUSH, HONORABLE W. J. Appropriations to; a resolution 2901

Page 2939

C CAIRO, CITY COURT OF Compensation of solicitor, clerk and sheriff 2831 CALLAWAY, CASON J. Easement to, in Pine Mountain State Park, authorized 150 CAMILLA Malt beverage tax 2055 CAMILLA CITY COURT Practice and procedure, vacancies 2059 CANDLER COUNTY Commissioners' bonds 2240 CANTON School tax 2798 CARROLLTON Ad valorem tax 2889 School tax 2887 CARTERSVILLE Mayor and aldermen, elections; charter amendments 2074 Tax assessments; charter amendments 2080 CEDARTOWN Charter amendments 2869 CERTIFIED PUBLIC ACCOUNTANTS Revocation of certificates; Code 84-210 amended 163 CHAMBLEE Corporate limits 2716 Corporate limits; mayor and councilmen; mayor's court 2807 CHARLTON COUNTY Fines and forfeitures; sheriff's salary 2375

Page 2940

CHATHAM COUNTY Education tax; proposed amendment to the Constitution 448 Industrial areas; proposed amendment to the Constitution 444 Pension and retirement system amendments 2595 Qualification of voters 2478 School bonds; proposed amendment to the Constitution 436 Special election, Savannah and Chatham County 2368 CHATHAM SUPERIOR COURT Law books to; a resolution 166 CHATHAM COUNTY-SAVANNAH HISTORIC SITE AND MONUMENT COMMISSION Eminent domain, no right of 2365 CHATTOOGA COUNTY, CITY COURT OF Practice and procedure; reporter 2639 CHILDREN See Juvenile Court Act . Adoption, when consent of parents not required 289 Dependent; county payments in aid 314 Dependent; 1937 act amended 307 Indecent conduct with 387 CIGARS AND CIGARETTES See Taxation . CITY COURTS See Table of Courts, p. 2968. Official reporters in 149 CIVIL COURTS See table, p. 2968. CLAYTON COUNTY Clerk of superior court and sheriff, compensation 2071 Ordinary's compensation 2068 Sheriff and clerk of superior court, compensation 2071 Tax commissioner's compensation, assistants 2065 CLAYTON COUNTY, CITY COURT OF Compensation of judge and solicitor 2063 CLINCH COUNTY Commissioners, chairman and vice-chairman 2615

Page 2941

COASTAL HIGHWAY COMMISSION Ogeechee Canal, conveyance by City of Savannah authorized 2363 COASTAL HIGHWAY DISTRICT Savannah River toll bridge 179 COLBERT New charter 2417 COLQUITT Ad valorem tax rates 2497 COLQUITT COUNTY, CITY COURT OF Judge's compensation 2029 COMMERCE DEPARTMENT Board of commissioners 182 CONFEDERATE VETERANS Pensions to widows 309 CONSTITUTIONAL AMENDMENTS See table p. 2965. CORONERS Compensation in counties of 300,000 or more; Code 21-105 amended 421 Fees and compensation in counties of 300,000 and more; Code 21-105 amended 298 CORPORATIONS See Banks, Electric Membership Corporations, Hospitals, Insurance Companies, Medicine, Railroads, Telephones . Income taxes; Code 92-3113 amended 299 Stock certificates 290 Taxation; Code 93-3102 amended (1949 extra session) 18 COUNTIES See table, p. 2969. Aid to aged, blind, dependent children 314 COURT OF APPEALS Law assistants; salary; Code 24-3508 amended 343 Reporter and Assistant Reporter, compensation 309 Salary of Judges; proposed amendment to the Constitution 119

Page 2942

COURTS See tables, p. 2967. Clerk's fees, entries on execution docket; Code 39-705 amended 107 Execution docket in counties of 300,000 or more, Code 24-2714 amended 108 COWETA COUNTY Pension and retirement system 2155 CRABS See Shellfish CRAWFORD COUNTY Treasurer's compensation 2274 CRIMINAL COURTS, See table, p. 2968. CURTISMRS. ANNIE MAE Compensation for death of 2678 D DADE COUNTY Tax commissioner's compensation 2374 DALTON Ad valorem tax; charter amendment 2006 New charter 2279 Pension and retirement system; amendments 2264 Sewer system; charter amendment 2003 DAWSON Recreation projects; charter amendment 2102 DAWSON COUNTY Board of education; proposed amendment to the Constitution 496 DECATUR Commissioner; elections 2852 Corporate limits 2725 DEKALB COUNTY Commissioner; budget and statement to grand jury 2898 School tax; proposed amendment to the Constitution 478 Waterworks advisory board 2861

Page 2943

DEPARTMENT OF AGRICULTURE See Agriculture, Department of . DEPARTMENT OF COMMERCE See Commerce Department DEPARTMENT OF EDUCATION See Education, Department of . DEPARTMENT OF ENTOMOLOGY See Entomology, Department of . DEPARTMENT OF LABOR See Labor Department . DEPARTMENT OF PARKS See Parks Department . DIVORCE Periof of petitioner's resident in State; Code 30-107 amended 429 Transfer of real property by husband after suit filed; Code 30-112 amended 365 DONALSONVILLE Board of tax equalizers 2603 DOUG PURYEAR HIGHWAY Designation; a resolution 37 DOUGHERTY COUNTY School system, merger with that of City of Albany; proposed amendment to the Constitution 465 DOUGLAS Corporate limits extended 2031 Pension and retirement system 2765 Recorder's court; charter amendments 2034 DOUGLAS COUNTY Commissioners 2564 , 2568 E EAST POINT Charter amendments 2569 Corporate limits 2135 , 2137

Page 2944

EASTERN JUDICIAL CIRCUIT Pro hac vice judges; proposed amendment to the Constitution 451 EATONTON Recorder 2621 Tax assessors 2637 ECHOLS COUNTY Commissioner districts 2490 ECONOMIC POISONS ACT 390 EDUCATION DEPARTMENT Employees under merit system 190 ELBERTON, CITY COURT OF Practice and procedure 2610 ELECTIONS Primary elections of State officers 79 ELECTRIC MEMBERSHIP CORPORATIONS Act amended; Code 34A-113,-114a and-128a 233 Employer under Workmen's Compensation Act; Code 114-101 amended 404 ELLAVILLE Officers; registration 2254 ELLAVILLE, CITY COURT OF Judge's qualifications 2778 ELLINGTON, MRS. MARTHA H. Compensation for damage to automobile; a resolution 2916 EMBALMERS See Funeral Service, State Board of . ENTOMOLOGY, DEPARTMENT OF Employees included in merit system 191 ETON Street closing authorized 2170

Page 2945

EVIDENCE See Health, County Boards of . Photostatic and photographic reproductions as evidence 73 EXPERIMENT STATIONS See Soil Conservation . F FEDERAL POWER COMMISSION See Gas . FELONIES. Sentences in felony cases; Code 27-2502, 27-2702 amended 352 FERTILIZERS Containers; taxation; Code, 5-1104, 5-1118 amended 259 FIRE INSURANCE See Insurance Companies . FISHING Licenses, Lake Chatuge 281 FLOOD CONTROL Bibb County, flood control, Ocmulgee River 2119 Funds arising under Federal Flood Control Act, payment to counties 318 Macon, flood control, Ocmulgee River 2171 FLOYD COUNTY Tax commissioner 2749 FLOYD COUNTY, CITY COURT OF Practice and procedure; judge's election, salary, term 2276 FOLKSTON Corporate limits 2373 FOREST FIRE PROTECTION Funds from counties 101 FOREST PARK Corporate limits, officers, improvements; charter amendment 2144 FOREST AND FORESTRY Lowndes County; forest products industries 2037

Page 2946

FORSYTH Street closing and land conveyance authorized 2086 , 2377 FORSYTH COUNTY Refunding bonds; proposed amendment to the Constitution 485 FORT VALLEY Board of water and light commissioners 2110 FULLER, CAPTAIN WILLIAM A. Posthumous award of medal; a resolution 2914 FULTON COUNTY Appraisal of taxable property in Fulton County and City of Atlanta 2787 Atlanta city taxes collectible by Fulton County official; proposed amendment to the Constitution 441 Contributions to support of State institutions; proposed amendment to the Constitution 453 Independent governmental authorities in City of Atlanta and Fulton County; proposed amendment to the Constitution 488 Judges' salaries, Atlanta Judicial Circuit, supplement by Fulton County; proposed amendment to the Constitution 474 Retirement system; amendment 2222 School district debt; preposed amendments to the Constitution 455 , 456 School tax; proposed amendment to the Constitution 472 FULTON COUNTY, CIVIL COURT OF Compensation of judges; practice and procedure; moneys 2742 Judges compensation; presiding judges 2479 FULTON COUNTY, CRIMINAL COURT OF Assistant and deputy solicitors-general 2127 Salaries of judges and solicitor-general 2792 FULTON SUPERIOR COURT Salaries of judges 109 FULTON COUNTY-ATLANTA LOCAL GOVERNMENT COMMISSION Amendments 2646

Page 2947

FUNERAL SERVICE, STATE BOARD OF Establishing Act 238 FUNSTON Mayor and council; police and welfare powers 2581 Mayor and council; welfare and police powers 2858 G GAME AND FISH COMMISSION Meetings, compensation; Code 45-140 amended 34 GARVIN, MR. JOHN D. Compensation for personal injuries; a resolution 2918 GAS Federal Power Commission petitioned to grant permits for pipe lines; a resolution 498 GASOLINE See Taxation . GENERAL ASSEMBLY Mileage 100 Primary election of members in counties of 31,020 to 31,030. Senators, rotation; Code 47-102 amended 165 GLASS, MRS. OLIVIA Compensation for damage to house; a resolution 2913 GLYNN COUNTY Commissioners 2882 GRADY SUPERIOR COURT Terms 106 GRIFFIN Commissioners 2679 Street closing authorized 2116 , 2118 GROUP INSURANCE See Insurance .

Page 2948

H HALL COUNTY Election precincts 2823 Zoning and planning 2864 HANCOCK COUNTY Board of Education; proposed amendment to the Constitution 460 HAPEVILLE Merit system 2659 HARD LABOR CREEK STATE PARK Easement to Board of Regents authorized 292 HARDWICK, THOMAS W. Portrait in Capitol; a resolution 118 HARLEM Registration of voters 2502 HEALTH See Public Health Department. HEALTH, COUNTY BOARDS OF Records, counties of 300,000 or more, as evidence; Code 88-203 amended 345 Rules and regulations, publication in counties of 300,000 or more, Code 88-205 amended 346 HEALTH OFFICERS Personation of, misdemeanor 222 HEPHZIBAH Officers, taxation; charter amendments 2140 HIGHWAY BOARD Creating Act; former Acts repealed 62 Members designated; a resolution 116 HIGHWAYS Doug Puryear Highway designated; a resolution 37 Highway districts, revenue-anticipation certificates 188 Savannah River toll bridge 179

Page 2949

HINESVILLE CITY COURT Judge's compensation 2043 HOMERVILLE Tax rate 2689 , 2691 HOSPITAL AUTHORITIES Validation of revenue-anticipation certificates 20 HOSPITALS See Oliver General Hospital. Non-profit hospital service corporations; Code 99-10 amended 335 HUSBAND AND WIFE See Divorce. Sale by wife of separate estate to husband or trustee; Code 53-504 repealed 174 I INCOME TAXES See Taxation. INSANE PERSONS Arrest and commitment; Code 49-612 amended 30 Commission to examine; Code 49-604 amended 14 INSURANCE Code 56-233, 56-319, 56-408, 56-409 repealed 12 Commission to revise and restate laws; a resolution 512 Group insurance of public employees 355 INSURANCE COMPANIES Capital stock; Code 56-1307 repealed, 56-1308 amended 10 License fees; Code 56-503, 56-506, 92-2501, 92-2502, 92-2503, 92-2504 repealed 122 Mutual or cooperative fire insurance companies; Code 56-1413 amended 426 Participation by policyholders in net profits; Code 56-216 amended 121 Unauthorized Insurers Process Act 58 , 347 Unfair trade practices 326 IRWIN, JARED Portrait in Capitol; a resolution 118

Page 2950

IVEY New charter 2337 J JEKYLL ISLAND STATE PARK AUTHORITY Authorizing Act 152 JENKINS COUNTY Tax commissioner's salary 2613 JOHNSON MOTOR COMPANY Compensation for damage to automobile; a resolution 2912 JUNIOR COLLEGES To remain under Board of Regents; a resolution 135 JUVENILE COURT ACT 367 JUVENILE COURTS Judge's salary in counties of 200,000 or more 113 K KENNESAW New charter 2506 L LABOR DEPARTMENT Divisions, bureaus, etc.; boards of arbitration 9 LaGRANGE City manager; charter amendments; referendum 2019 Corporate limits extended 2024 LAKE CHATUGE Fishing licenses 281 LAKE TARA Charter 2759

Page 2951

LAW BOOKS Chatham Superior Court; a resolution 166 LAW DEPARTMENT Service to General Assembly; a resolution 511 Compensation of assistant attorneys-general 225 LEGISLATIVE DEPARTMENT Appropriations 100 LIBERTY COUNTY Soil conservation experiment station, support by county funds 2044 LICENSES See Brokers, Certified Public Accountants, Fishing, Funeral Service, State Board of, Insurance Companies, Medicine, Veterinary Examiners. LITHONIA Parks and playgrounds tax 2812 LOOKOUT JUDICIAL CIRCUIT Creating Act 22 LOUISVILLE Mayor and aldermen 2805 LOWNDES COUNTY Forest products industries in 2037 LOYALTY OATH Amendment 282 LUMPKIN COUNTY Tax commissioner's compensation 2790 M McDONOUGH Corporate limits 2825 MACON Closing of streets, conveyance to Bibb Transit Company confirmed 2053

Page 2952

Corporate limits 2697 Flood control, Ocmulgee River 2171 Mayor and aldermen; charter amendments 2165 Mayor and aldermen, election; charter amendment 2175 Payment to, proportionate share of paving costs; a resolution. MACON, CITY COURT OF Reporter and secretary 2259 MACON, MUNICIPAL COURT OF See Bibb County; Civil Court of. MANGOLIA SPRING STATE PARK Land conveyance to Federal Government; a resolution 35 MALT BEVERAGES Certain counties, possession of malt beverages and wine illegal; referendum 2061 Sales and delivery 185 Taxation (1949 extra session) 5 MANCHESTER Commissioners 2754 Corporate limits; commissioners 2328 Street closing authorized 2600 MARIETTA Taxation, planning commission; charter amendments 2097 MEDICINE Medical licenses to aliens; Code 84-927 amended 362 Non-profit medical service corporations 266 MERIWETHER COUNTY Board of Education; proposed amendment to the Constitution 469 MILEAGE ALLOWANCE See State Employees. MILITARY DEPARTMENT Appropriations 360 Employees under merit system 180

Page 2953

MILK Standards 167 MILK CONTROL BOARD Amendments 136 Appropriation 357 MILLER COUNTY, CITY COURT OF Fees of officers 2494 MINES, MINING AND GEOLOGY DEPARTMENT Employees under merit system 322 MITCHELL COUNTY Malt beverage tax 2057 MONROE COUNTY Commissioners' compensation 2362 MORTGAGES See Recordation. MOTOR COMMON CARRIERS Certificates of public convenience and necessity; Code 68-609 amended 186 MOTOR FUEL TAX See Taxation . MOUNTAIN PARK Terms of officials, park lands, corporate limits; charter amendments 2046 MUNICIPAL CORPORATIONS See table, p. 2971. MUNICIPAL COURT, CITY OF MACON See Bibb County, Civil Court of . MURPHY, MR. MARION Compensation for damage to automobile; a resolution 2902 MURRAY COUNTY Commissioners' clerk's salary 2820

Page 2954

MUSCOGEE COUNTY Assessments for street improvements outside municipalities; proposed amendment to the Constitution 476 Commissioners' terms 2378 Salaries of certain officers 2775 Street improvement bonds; proposed amendment to the Constitution 493 MUSCOGEE SUPERIOR COURT Reporter's compensation 132 N NATURAL GAS See Gas. NATUROPATHY Practice authorized 168 NEWNAN CITY COURT Practice and procedure, judge's salary 2083 NEWTON COUNTY Treasurer's salary 2225 NIX, EARL ROGERS Compensation for death of 2678 NON-PROFIT HOSPITAL SERVICE CORPORATIONS ACT 335 NON-PROFIT MEDICAL SERVICE ACT 266 O OCONEE JUDICIAL CIRCUIT Solicitor-General's salary 84 OGEECHEE CANAL Conveyance by City of Savannah to Coastal Highway Commission authorized 2363 OGEECHEE JUDICIAL CIRCUIT Court reporter's compensation 222

Page 2955

OIL WELLS Reward for first commercial well in State; proposed amendment to the Constitution 480 OLD AGE ASSISTANCE Checks, disposition 316 County payments in aid 314 OLIVER GENERAL HOSPITAL Continued operation urged; a resolution 501 ORDINARIES Fees; Code 24-1716 amended 140 OSBORN, HON. CHASE S. AND MRS. STELLANOVA B. OSBORN Gift of Possum Poke to State; a resolution 511 OUT-OF-STATE PAROLEES SUPERVISION ACT. P PARKS Alexander H. Stephens home, funds to repair and renovate; a resolution 503 Easements to veterans' organizations, park lands in Crisp County 134 Hard Labor Creek State Park; easements to Board of Regents authorized 292 Jekyll Island State Park Authority 152 Georgia Veterans' Memorial State Park; a resolution 117 Magnolia Spring State Park, land conveyance to Federal Government 35 Pine Mountain State Park; easement to Cason J. Calloway authorized 150 PARKS DEPARTMENT Appropriations 358 , 364 PAROLEES Uniform Act for Out-of-State Parolees Supervision 405 PEACE OFFICERS Annuity and benefit fund 50

Page 2956

PELHAM Recorders court 2818 PERRY Corporate limits 2125 PERSONATION OF HEALTH OFFICER Misdemeanor 222 PHEASANTS Ring neck pheasants; propagation, sale, etc. authorized 289 PICKENS COUNTY Tax commissioner's fees and commissions 2695 PINE MOUNTAIN STATE PARK Easement to Cason J. Calloway authorized 150 POISONS See Economic Poisons Act . POLK COUNTY, CITY COURT OF Juvenile jurisdiction; practice and procedure; amendments 2701 POSSUM POKE Acknowledgment of gift to State; a resolution 511 PRAWNS See Shellfish . PRIMARIES See Elections . PRISON SYSTEM Appropriations 361 PUBLIC HEALTH DEPARTMENT Payments to cities and counties for care of tuberculosis patients 344 PUBLIC SERVICE COMMISSION Certificates of public convenience and necessity 311 PUBLIC WELFARE DEPARTMENT County payments in aid of the aged, blind, dependent children 314

Page 2957

PURCHASES, SUPERVISOR OF See Supervisor of Purchases . PUTNAM COUNTY Commissioners; attorney 2693 Q QUITMAN COUNTY Ordinary, misdemeanor cases in court of 2739 R RAILROADS Amendment of charters of railroads reorganized under National Bankruptcy Act; Code 22-519 220 Locomotives; bells, whistle, headlights, etc.; Code 94-505 amended 112 Underpasses and overpasses; Code 95-1909 amended 419 REAL ESTATE BROKERS See Browers . RECORDATION Instruments affecting title to lands; methods of recording; Code 29-420 amended 413 Photographic recording by ordinaries 414 Photographic recording in counties of 31,500 to 33,000 2108 Security instruments; Code 67-2504 amended 33 REGENTS, BOARD OF See Board of Regents . REGISTRATION OF VOTERS See Voters' Registration Act . REIDSVILLE, CITY COURT OF Payment of costs in habeas corpus proceedings to clerk of Tattnall Superior Court and Reidsville City Court; a a resolution 2903 RETENTION-OF-TITLE CONTRACTS See Recordation . RETIREMENT SYSTEM Amendment 416 REVENUE-ANTICIPATION CERTIFICATES Highway districts 188

Page 2958

Purchase by counties of lands from Federal Government; Code 87-802 amended 422 Hospital authorities, validation 20 REVENUE COMMISSIONER Destruction of useless records 29 REVENUE DEPARTMENT Appropriations 360 Employees under merit system 417 RICHMOND COUNTY Board of education 2728 ROME School tax 2113 Temporary loans 2256 ROSWELL New charter 2178 RURAL TELEPHONE COOPERATIVE ACT 192 S SAFETY FIRE COMMISSIONER Subsistence 320 ST. PAUL'S CHURCH, AUGUSTA Bicentennial commission; a resolution 7 SARDIS Corporate limits 2261 SAVANNAH Corporate limits 2383 Fire and police departments, minimum compensation 2890 Indebtedness; additional authorized 2381 Ogeechee Canal, conveyance to Coastal Highway Commission 2363 Pension and retirement system amendments 2668 Qualification of voters 2477 Special election, Chatham County and Savannah 2368 Tax assessments 2387 Zoning and planning; charter amendments 2366

Page 2959

SAVANNAH AIRPORT COMMISSION Proposed amendment to the Constitution 439 SAVANNAH-CHATHAM COUNTY HISTORIC SITE AND MONUMENTS Eminent domain, no right of 2365 SAVANNAH RIVER TOLL BRIDGE Coastal Highway District to construct 179 SCHLEY COUNTY Board of education; proposed amendment to the Constitution 490 SCHOOL BUSES Safety regulations 418 SCOTT, T. A. Land conveyance to; a resolution 506 SECURITY INSTRUMENTS See Recordation . SELLARS, MR. H. R. Compensation for personal injuries; a resolution 2917 SHELLFISH Transportation of shrimp, prawns or crabs beyond State without paying tax 389 SHELLMAN Mayor and council; elections; registration 2650 SHRIMP See Shellfish . SOIL CONSERVATION District supervisors election 293 Liberty County; support by county funds of soil conservation experiment station 2044 SOLICITORS-GENERAL See table, p. 2969. Retirement system amended 177 Retirement system amended 228

Page 2960

SPALDING COUNTY Tax commissioner 2583 SPARKS Charter repealed; referendum 2504 STATE BOARD OF FUNERAL SERVICE Establishing Act 238 STATE EMPLOYEES Loyalty oath; amendment 282 Merit system. See table, p. 2969. Mileage allowance for automobiles 224 Retirement system, amendment 416 Salary deductions for purchase of United States Savings Bonds, employees of State and political subdivisions 323 STATE GAME FARM, DeKALB COUNTY Sale authorized; a resolution 500 STATE PATROL Duties, arrests, etc. 77 STATE PROPERTY Lease of State's property in Chattanooga, Tenn. 294 STATISTICAL AND OFFICIAL REGISTER Publication of; a resolution 503 STEPHENS, ALEXANDER H. Home as memorial park, funds to repair and renovate; a resolution 503 STEPHENS SUPERIOR COURT Terms; grand juries 131 STONE MOUNTAIN CIRCUIT Additional judge 304 SUNNY SIDE New charter 2626

Page 2961

SUPERIOR COURTS See name of particular court, and table , p. 2967. Judges' retirement system 283 , 341 Psychiatric examination before sentence in counties of 70,000 or more; Code 24-3005 amended 427 Salary of judges; proposed amendment to the Constitution 119 Unpaid costs in felony cases 175 SUPERVISOR OF PURCHASES Employees under merit system 235 Requisitions; Code Ch. 40-19 amended 181 Salary 280 SUPREME COURT Law assistants; salary; Code 24-4301 amended 342 Reporter and Assistant Reporter, compensation 309 Salary of Justices; proposed amendment to the Constitution 119 SWEARINGEN, CUYLER Sale of lands, to, in Clinch County authorized 513 T TATTNALL SUPERIOR COURT Payment of costs in habeas corpus proceedings to clerk of Tattnall Superior Court and Reidsville City Court; a resolution 2903 TAX EXECUTIONS Interest rate; Code 92-7601 amended 237 TAX REVISION COMMITTEE Studies; a resolution (1949 extra session) 22 TAXATION See Shellfish. Ad valorem tax rate in certain cities; Code 92-4101 amended 424 Cigar and cigarette license tax (1949 extra session) 8 Corporations; Code 93-3102 amended (1949 extra session) 18 Income tax, exemption of trust exempt from Federal tax; Code 92-3105 amended 75 Income taxes, corporations; Code 92-3113 amended 299 Malt beverages and wines (1949 extra session) 5 Motor fuel tax; amendments; Code 92-1403, 92-1404 amended (1949 extra session) 19 Motor fuel tax law; refunds, gasoline used for water craft; Code 92-1403 amended 3 Trusts, intangible personal property of 74 Veterans' deductions, income tax; Code 92-3109 amended 16

Page 2962

TAYLOR COUNTY Board of education; proposed amendment to the Constitution 482 TEACHERS Retirement system; amendment 32 Retirement system; amendments; Code Ch. 32-29 amended 261 TELEPHONE SYSTEMS Certificates of public convenience and necessity 311 Rural telephone cooperatives 192 TEMPLE Mayor and councilmen 2685 THOMAS COUNTY Reconveyance of lands to Thomas County and City of Thomasville; a resolution 504 THOMASVILLE Reconveyance of lands to City of Thomasville and Thomas County; a resolution 504 THOMSON Charter amendments; city clerk, council, audits, information on city affairs 2011 THUNDERBOLT Corporate limits 2618 Street closing authorized 2670 TIFTON MARKET SITE Conveyance authorized 115 TOBACCO See Taxation . TOCCOA Tax assessments 2123 TRUSTS See Taxation . Executory, legal estate remaining in trustee, when 310 TUBERCULOSIS See Public Health Department .

Page 2963

TWIGGS COUNTY Commissioner districts 2251 U UNEMPLOYMENT COMPENSATION Amendments; Code 54-604, 54-605, 54-609, 54-610, 54-622 and others amended 38 UNITED STATES SAVINGS BONDS Salary deductions for purchase 323 UNIVERSITY SYSTEM See Board of Regents . Construction of housing units urged; a resolution 502 Junior college to remain under Board of Regents; a resolution 135 UPSON COUNTY Commissioners' salaries 2828 V VALDOSTA Corporate limits 2799 Taxation 2720 VETERANS See Confederate Veterans . Easements to veterans' organizations, park lands in Crisp County 134 Income tax deductions; Code 92-3109 amended 16 VETERANS' MEMORIAL STATE PARK Designated; a resolution 117 VETERINARY EXAMINERS, STATE BOARD OF Amendments; Code Ch. 84-15 amended 254 VOTERS REGISTRATION ACT Amendments 126 W WALKER COUNTY SPORTSMAN CLUB Lease of land in Walker County, to 412

Page 2964

WARM AIR HEATING CONTRACTORS Act of 1949 amended, counties of 28,000 to 29,000 included 325 WARNER ROBINS Mayor and aldermen, recorder; charter amendments 2089 WATERCRAFT See Taxation . WAYCROSS Pension system; amendments 2379 WAYCROSS JUDICIAL CIRCUIT Reporter's compensation 176 WESTERN AND ATLANTIC RAILROAD COMMISSION 408 WESTERN JUDICIAL CIRCUIT Office expenses 295 WHITFIELD SUPERIOR COURT Terms 430 WILCOX COUNTY Treasurer; office abolished; depository 2026 WINE Certain counties, possession of malt beverages and wine illegal; referendum 2061 Taxation (1949 extra session) 5 WORKMEN'S COMPENSATION County taxes for workmen's compensation and pensions in counties of 300,000 or more; Code 114-101 amended 324 Electric membership corporation as employer; Code 114-101 amended 404 WORKMEN'S COMPENSATION BOARD Compensation of chairman and members 72 WORLD FEDERATION Former resolution repudiated; a resolution 115

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Atlanta city taxes collectible by Fulton County official 441 Atlanta homestead exemption 443 Atlanta school system 458 Atlanta Judicial Circuit, supplement to judges' salaries by Fulton County 474 Baldwin County Board of Education 462 Bibb County, acts affecting 434 Bibb County pension and retirement plan 431 Chatham County education tax 448 Chatham County industrial areas 444 Chatham County school bonds 436 Dawson County board of education 496 DeKalb County school tax 478 Dougherty County school system, merger with that of City of Albany 465 Eastern Judicial Circuit; pro hac vice judges 451 Fulton County; contributions to support of State institutions 453 Forsyth County refunding bonds 485 Fulton County School District debt 455 , 456 Fulton County school tax 472 Hancock County Board of Education 460 Independent governmental authorities in City of Atlanta and Fulton County 488 Meriwether County board of education 469 Muscogee County; assessments for street improvements outside municipalities 476 Muscogee County street improvement bonds 493 Reward for first commercial oil well in State 480 Salaries of Justices of Supreme Court, Judges of Court of Appeals, Judges of superior courts 119 Savannah Airport Commission 439 Schley County board of education 490 Taylor County board of education 482 APPROPRIATIONS. Department of Agriculture 356 General Appropriations Act amended (1949 extra session) 21 Legislative Department 100 Milk Control Board 357 Parks Department 356 , 364 Prison system 361 Revenue and Military Departments 360

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CODE SECTIONS. 5-1104, 5-1118AmendedFertilizers; containers; taxation 259 9-103AmendedQualifications of applicants 173 13-2023AmendedBanks, purchase of stocks and investment securities 18 21-105AmendedCoroner's fees and compensation in counties of 300,000 and more 298 21-105AmendedCoroner's compensation in counties of 300,000 or more 421 22-519AddingRailroads reorganized under National Bankruptcy Act 220 Ch. 24-24AmendedJuvenile Court Act 367 24-2501AmendedLookout Circuit created 23 24-2714AmendedExecution docket in counties of 300,000 or more 108 24-1716AmendedOrdinaries' fees 140 24-3005AmendedPsychiatric examination before sentence in counties of 70,000 or more 427 24-3104AmendingCompensation of court reporter, Ogeechee Judicial Circuit 222 24-3508AmendedSalary 343 24-4301AmendedSalary 342 27-2502, 27,2702AmendedSentences in felony cases 352 29-420AmendedRecording of instruments affecting title to lands 413 30-107AmendedPeriod of petitioner's residence in State 429 30-112AmendedTransfer of real property by husband after suit filed 365 Ch. 32-29AmendedTeachers' retirement system 261 34A-113AmendedAdding 34A-114a and 128aElectric membership corporations 233 39-705AmendedFees, entries on execution docket 107 Ch. 40-19AmendedRequisitions 181 45-140AmendedMeetings and compensation of members, Game and Fish Commission 34 47-102AmendedRotation of senators, General Assembly 165 49-604AmendedCommission to examine insane 14 49-612AmendedArrest and commitment, insane persons 30 54-604, 54-605, 54-609 and othersAmendedUnemployment compensation 38 56-216AmendedParticipation by policyholders in net profits 121 56-233, 56-319, 56-321, 56-408, 56-409Repealed. 56-503, 56-506RepealedLicense fees, insurance companies 122 53-504RepealedSale by wife, separate estate, to husband or trustee 174 56-1307Amended56-1308 repealedCapital stock of insurance companies 10 56-1413AmendedMutual or cooperative fire insurance companies 426 67-2504AmendedRecording of security instruments 33 68-609AmendedCertificates of public convenience and necessity 186 84-210AmendedRevocation of certificates, certified public accountants 163 84-927AmendedMedical licenses to aliens 362 84-1401, 84-1409AmendedLicenses, real estate brokers 278

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Ch. 84-15AmendedState Board of Veterinary Examiners 254 87-802AmendedPurchase by counties of lands from Federal Government 422 88-203AmendedRecords of county boards of health in counties of 300,000 or more as evidence 345 88-205AmendedPublication of rules and regulations, county board of health, in counties of 300,000 or more 346 92-1403AmendedRefunds, gasoline used for watercraft 3 92-1403, 92-1404AmendedMotor fuel tax (1949 extra session) 19 92-2501, 92-2502, 92-2503, 92-2504RepealedLicense fees; insurance companies 122 92-3102AmendedCorporation tax (1949 extra session) 18 92-3105AmendedTrusts exempt from Federal income tax 75 92-3109AmendedDeductions, veterans' income tax 16 92-4101AmendedAd valorem tax rate in certain cities 424 92-7601AmendedInterest rate, tax executions 237 94-505AmendedLocomotives, bells, whistles, etc. 112 951909AmendedRailroad underpasses and overpasses 419 Ch. 99-10AmendedNon-profit hospital service corporations 335 114-101AmendedElectric membership corporations 404 114-101AmendedTaxation for workmen's compensation and pensions in counties of 300,000 or more 324 COURTS. SUPREME COURT. Salary of Justices; proposed amendment to the Constitution 119 Reporter and Assistant Reporter, compensation 309 Law assistants; salary; Code 24-4301 amended. COURT OF APPEALS. Salary of Judges; proposed amendment to the Constitution 119 Law assistants; salary; Code 24-3508 amended 343 Reporter and Assistant Reporter, compensation 309 SUPERIOR COURTS. Judges' retirement system 283 Salary of judges; proposed amendment to the Constitution 119 Unpaid costs in felony cases 175 Atlanta Circuit; Solicitor-General's compensation 2008 Atlanta Circuit, supplement to judges' salaries by Fulton County, proposed amendment to the Constitution 474 Blue Ridge Circuit, judge's salary 102 Chatham; laws books to; a resolution 166 Clayton County; compensation of clerk of superior court and sheriff 2071 Eastern Judicial Circuit; pro hac vice judges; proposed amendment to the Constitution 451 Fulton; judges' salaries 109 Grady; terms 106

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Lookout Judicial Circuit created 23 Muscogee; reporter's compensation 132 Oconee Circuit, solicitor-general's salary 84 Ogeechee Judicial Circuit; court reporter's compensation 222 Stephens; terms, grand juries 131 Stone Mountain Circuit; additional judge 304 Tattnall; payment of costs in habeas corpus proceedings to clerk of Tattnall Superior Court and Reidsville City Court; a resolution 2903 Waycross Circuit; reporter's compensation 176 Western Circuit; office expenses 295 Whitfield; terms 430 CITY COURTS. Blakely; jurisdiction, judge's salary 2227 Cairo; compensation of solicitor, clerk and sheriff 2831 Camilla; practice and procedure, vacancies 2059 Chattooga County; practice and procedure; reporter 2639 Clayton County, compensation of judges and solicitor 2063 Colquitt County; judge's compensation 2029 Floyd County; practice and procedure; judge's election, salary, term 2276 Elberton; practice and procedure 2610 Ellaville; judge's qualifications 2778 Hinesville; judge's compensation 2042 Macon; reporter and secretary 2259 Miller County; fees of officers 2494 Newnan; practice and procedure, judge's salary 2083 Polk County; juvenile jurisdiction; practice and procedure; amendments 2701 Reidsville; payment of costs in habeas corpus proceedings to clerk of Tattnall Superior Court and Reidsville City Court; a resolution 2903 CIVIL COURTS. Bibb County; name changed from Municipal Court, City of Macon; costs 2317 Fulton; compensation of judges; practice and procedure; moneys 2742 Fulton; compensation of judges; presiding judges 2479 CRIMINAL COURTS. Fulton; assistant and deputy solicitors-general 2127 Fulton; salaries of judges and solicitor-general 2792 JUVENILE COURTS. Judge's salary in counties of 200,000 or more 113 Juvenile Court Act; Code Ch. 24-24 amended 367 MUNICIPAL COURTS. Augusta; salaries of judge, clerk, sheriff, etc 2642

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SOLICITORS-GENERAL. Atlanta Judicial Circuit, compensation 2008 Criminal Court of Fulton County, assistant and deputy solicitors-general 2127 Fulton County, Criminal Court of; salaries of judges and solicitors-general 2792 Oconee Circuit, salary 85 Retirement system amended 177 Retirement system amended 228 MERIT SYSTEM. Banking Department employees 227 Education Department employees 190 Entomology Department employees 191 Military Department employees 180 Mines, Mining and Geology Department employees 322 Revenue Department employees 417 Supervisor of purchases, employees 235 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Bacon commissioners 2672 Baldwin board of education, proposed amendment to the Constitution 462 Bibb; Acts affecting; proposed amendment to the Constitution 434 Bibb; flood control, Ocmulgee River 2119 Bibb; pension and retirement plan; proposed amendment to the Constitution 431 Candler commissioners' bonds 2240 Charlton; fines and forfeitures, sheriff's salary 2375 Chatham; education tax; proposed amendment to the Constitution 448 Chatham; industrial areas; proposed amendment to the Constitution 444 Chatham pension and retirement system amendments 2595 Chatham; school bonds; proposed amendment to the Constitution 436 Chatham; special election, Savannah and Chatham County 2368 Chatham voters, qualification 2478 Clayton; compensation of clerk of superior court and of sheriff 2071 Clayton ordinary's compensation 2068 Clayton tax commissioner's compensation, assistants 2065 Clinch commissioners, chairman and vice-chairman 2615 Coweta pension and retirement system 2149 Crawford treasurer's compensation 2274 Dade tax commissioner's compensation 2374 Dawson board of education; proposed amendment to the Constitution 496 DeKalb commissioners; budget and statement to grand jury 2898 DeKalb school tax; proposed amendment to the Constitution 478 DeKalb waterworks advisory board 2861 Dougherty school system, merger with that of City of Albany; proposed amendment to the Constitution 465 Douglas commissioners 2564 , 2568 Echols commissioner districts 2490

Page 2970

Floyd tax commissioner 2749 Forsyth refunding bonds; proposed amendment to the Constitution 485 Fulton; appraisal of taxable property in Fulton County and City of Atlanta 2787 Fulton; Atlanta city taxes collectible by Fulton County official; proposed amendment to the Constitution 441 Fulton; contributions to support of State institutions; proposed amendment to the Constitution 453 Fulton; independent governmental authorities in City of Atlanta and Fulton County; proposed amendment to the Constitution 488 Fulton retirement system, amendment 2222 Fulton; school district debt; proposed amendments to the Constitution 455 , 456 Fulton school tax; proposed amendment to the Constitution 472 Fulton; supplement to salaries of judges, Atlanta Judicial Circuit; proposed amendment to the Constitution 474 Glynn commissioners 2882 Hall election precincts 2823 Hall zoning and planning 2864 Hancock board of education; proposed amendment to the Constitution 460 Jenkins tax commissioner's salary 2613 Liberty; support for soil conservation experiment station 2044 Lowndes; forest products industries 2037 Lumpkin tax commissioner's compensation 2790 Meriwether board of education; proposed amendment to the Constitution 469 Mitchell malt beverage tax 2057 Monroe commissioners' compensation 2362 Murray commissioners' clerk's salary 2820 Muscogee; assessments for street improvements outside municipalities; proposed amendment to the Constitution 476 Muscogee commissioners' terms 2378 Muscogee; salaries of certain officers 2775 Muscogee street improvement bonds; proposed amendment to the Constitution 493 Newton treasurer's salary 2225 Pickens tax commissioners fees and commissions 2695 Putnam commissioners; attorney 2693 Quitman; court of ordinary, misdemeanor cases 2739 Richmond board of education 2728 Schley board of education; proposed amendment to the Constitution 490 Spalding tax commissioner 2583 Taylor board of education; proposed amendment to the Constitution 482 Thomas; reconveyance of lands to; a resolution 504 Twiggs commissioner districts 2251 Upson commissioners' salaries 2828 Wilcox treasurer; office abolished; depository 2026 COUNTIES AND COUNTY MATTERSBY POPULATION. Board of education; compensation of chairman and members in counties of 8,590 to 8,600 2051

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Board of education employees, group insurance in counties of 200,000 or more 2608 Coroner's compensation in counties of 300,000 or more; Code 21-105 amended 421 Coroner's fees and compensation in counties of 300,000 and more; Code 21-105 amended 298 County board of health in counties of 300,000 or more, publication of rules and regulations; Code 88-205 amended 346 County officers, compensation in counties of 53,000 to 75,000 2389 County taxes for workmen's compensation and pensions in counties of 300,000 or more; Code 114-101 amended 324 Execution docket in counties of 300,000 or more; Code 24-2714 amended 108 Land subdivisions in counties of 70,000 to 71,000 2895 Malt beverages and wine, possession in certain counties illegal; referendum 2061 Ordinary's salary in counties of 25,280 to 25,300 2151 Ordinary's salary in counties of not less than 300,000 2868 Primary elections, members of General Assembly in counties of 31,020 to 31,030 2693 Primary elections of county officers in counties of 200,000 or more 2894 Psychiatric examination before sentence in counties of 70,000 or more; Code 24-3005 amended 427 Recording, photographic, in counties of 31,500 to 33,000 2108 Records of county boards of health in counties of 300,000 or more as evidence; Code 88-203 amended 345 Registration of voters in counties of 81,000 to 82,000 2677 Salary of juvenile court judge in counties of 200,000 or more 113 Sheriff's salary in counties of 200,000 or more 2893 Traffic violators, trials in counties of 4,000 to 5,000 2783 Warm air heating contractors; 1949 act amended; counties of 28,000 to 29,000 included 325 Wine and malt beverages, possession in certain counties illegal; referendum 2061 MUNICIPAL CORPORATIONS. Adel charter repealed; referendum 2606 Adel new charter 2834 Alapaha tax rate 2780 Albany group insurance of employees 2149 Albany school system, merger with that of Dougherty County; proposed amendment to the Constitution 465 Alma mayor and councilmen 2634 Alpharetta officers, taxation; charter amendments 2269 Americus retirement system 2230 Americus tax rates; charter amendments 2228 Athens pension and retirement system 2242 Atlanta; appraisal of taxable property in Fulton County and City of Atlanta 2787 Atlanta city taxes collectible by Fulton County official; proposed amendment to the Constitution 441

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Atlanta corporate limits 2623 , 2646 , 2736 , 2784 , 2795 , 2855 Atlanta employees, group and health insurance 2632 Atlanta; homestead exemptions; proposed amendment to the Constitution 443 Atlanta; independent governmental authorities in City of Atlanta and Fulton County; proposed amendment to the Constitution 488 Atlanta recorder's court; amendments 2267 Atlanta school system, added territory; proposed amendment to the Constitution 458 Atlanta; Fulton County School District debt; proposed amendment to the Constitution 456 Augusta absentee voting 2588 Augusta fire department, off-duty day 2130 Bainbridge pension and retirement system 2483 Bartow tax rates 2815 Berlin new charter 2398 Bluffton; intoxicating liquors 2598 Brunswick charter amendments 2770 Buford city manager; charter amendments 2105 Camilla malt beverage tax 2055 Canton school tax 2798 Carrollton ad valorem tax 2889 Carrollton school tax 2887 Cartersville mayor and aldermen, elections; charter amendments 2074 Cartersville tax assessments; charter amendments 2080 Cedartown charter amendments 2869 Chamblee corporate limits 2716 Chamblee corporate limits mayor and councilmen; mayor's court 2807 Colbert new charter 2417 Colquitt ad valorem tax rates 2497 Dalton ad valorem tax; charter amendment 2006 Dalton new charter 2279 Dalton pension and retirement system; amendments 2264 Dalton sewer system; charter amendment 2003 Dawson recreation projects; charter amendments 2102 Decatur; commissioner; elections 2852 Decatur corporate limits 2725 Donalsonville board of tax equalizers 2603 Douglas corporate limits extended 2031 Douglas pension and retirement system 2765 Douglas recorder's court; charter amendments 2034 East Point charter amendments 2569 East Point Corporate limits 2135 , 2137 Eatonton recorder 2621 Eatonton tax assessors 2637 Ellaville officers; registration 2254 Eton street closing authorized 2170 Folkston corporate limits 2373 Forest Park corporate limits, officers, improvements; charter amendments 2144 Forsyth street closing and land conveyance authorized 2086 , 2377

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Fort Valley board of water and light commissioners 2108 Funston mayor and council; police and welfare powers 2581 Funston mayor and council; welfare and police powers 2858 Griffin commissioners 2679 Griffin street closing authorized 2116 , 2118 Hapeville merit system 2659 Harlem; registration of voters 2502 Hephzibah officers, taxation; charter amendments 2140 Homerville tax rate 2689 , 2691 Ivey new charter 2337 Kennesaw new charter 2506 LaGrange corporate limits extended 2024 LaGrange; city manager; charter amendments; referendum 2019 Lake Tara charter 2759 Lithonia parks and playgrounds tax 2812 Louisville mayor and aldermen 2805 McDonough corporate limits 2825 Macon corporate limits 2697 Macon; flood control, Ocmulgee River 2171 Macon mayor and aldermen; charter amendments 2165 Macon mayor and aldermen, election; charter amendment 2175 Macon; payment to, proportionate share of paving costs; a resolution 508 Macon street closing, conveyance to Bibb Transit Company confirmed 2053 Manchester commissioners 2754 Manchester corporate limits; commissioners 2328 Manchester street closing authorized 2600 Marietta taxation, planning commission; charter amendments 2097 Mountain Park; terms of officials, park lands, corporate limits; charter amendments 2046 Pelham recorder's court 2818 Perry corporate limits 2125 Rome school tax 2113 Rome temporary loans 2256 Roswell new charter 2178 Sardis corporate limits 2261 Savannah; conveyance of Ogeechee Canal to Coastal Highway Commission authorized 2363 Savannah corporate limits 2383 Savannah fire and police departments, minimum pay 2890 Savannah indebtedness, additional authorized 2381 Savannah pension and retirement system amendments 2668 Savannah registration of voters 2477 Savannah; special election, Chatham County and Savannah 2368 Savannah tax assessments 2387 Savannah zoning and planning; charter amendments 2365 Savannah Airport Commission; proposed amendment to the Constitution 439 Sparks charter repealed; referendum 2504 Sunny Side new charter 2626 Temple mayor and councilmen 2685

Page 2974

Thomasville, reconveyance of lands to; a resolution 504 Thomson charter amendments; city clerk, council, audits; information on city affairs 2011 Thunderbolt corporate limits 2618 Thunderbolt street closing authorized 2670 Toccoa tax assessments 2123 Valdosta corporate limits 2799 Valdosta taxation 2720 Warner Robins; mayor and aldermen, recorder; charter amendments 2089 Waycross pension system; amendments 2379 ACTS AND RESOLUTIONS AUTHORIZING PAYMENTS. Appropriation to Honorable W. J. Bush; a resolution 2901 Curtis, Mrs. Annie Mae, compensation for death of 2741 Ellington, Mrs. Martha H., compensation for damage to automobile; a resolution 2916 Garvin, Mr. John D., compensation for personal injuries; a resolution 2918 Glass, Mrs. Olivia; compensation for damage to house; a resolution 2913 Thomson Motor Company; compensation for damage to automobile; a resolution 2912 Murphy, Mr. Marion; compensation for damage to automobile; a resolution 2902 Nix, Earl Rogers, compensation for death of 2678 Payment of costs in habeas corpus proceedings to clerk of Tattnall Superior Court and Reidsville City Court; a resolution 2903 Payment to City of Macon proportionate share of paving costs 508 Sellars, Mr. H. R.; compensation for personal injuries; a resolution 2917 MISCELLANEOUS RESOLUTIONS. Academy for the Blind, sale of accommodations for colored students authorized 499 Commission to revise and restate insurance laws 512 Construction of housing units, University System, urged 502 Continued operation of Oliver General Hospital urged 501 Conveyance of Tifton Market Site 115 Development of Allatoona Dam Recreational Area 509 , 510 Doug Puryear Highway designated 37 Federal Power Commission petitioned to grant permits for natural gas pipe lines 498 Former resolution on world federation repudiated 115 Funds to repair and renovate Alexander H. Stephens home 503 Georgia Veterans' Memorial State Park 117 Gift of Possum Poke to State 511 Highway Board members designated 116 Junior colleges to remain under Board of Regents 135 Land conveyance to Federal Government, Magnolia Spring State Park 35 Land conveyance to T. A. Scott 506 Law books to Chatham Superior Court 166 Portraits of Hons. Jared Irwin and Thomas W. Hardwick in Capitol 118 Posthumous award of medal to Captain William A. Fuller 2914

Page 2975

Publication of Statistical and Official Register 503 Reconveyance of lands to Thomasville and Thomas County 504 St. Paul's Church, Augusta, Bicentennial Commission 7 Sale of lands in Clinch County authorized 513 Sale of State Game Farm, DeKalb County, authorized 500 Services of Law Department to General Assembly 511